103D CONGRESS

2D SESSION S. 1913

AMENDMENT
In the House of Representatives, U. S.,

March 17, 1994.

Resolved, That the bill from the Senate (S. 1913) entitled ‘‘An Act to extend certain compliance dates for pesticide

safety training and labeling requirements’’, do pass with the

following

AMENDMENT:

Strike all after the enacting clause and insert:

1 SECTION 1. COMPLIANCE.

2 Until January 1, 1995, it shall not be a misuse under

3 section 12(a)(2)(G) of the Federal Insecticide, Fungicide,

4 and Rodenticide Act (7 U.S.C. 136j(a)(2)(G)) to use any

5 pesticide product in a manner inconsistent with the provi6 sions of 40 CFR part 170 that are (1) subject to the compli7 ance date specified in 40 CFR section 170.5(c) and (2) in8 corporated by reference on the label or labeling of any pes9 ticide product. This delay in compliance shall not apply

10 to specific worker protection requirements that appear di11 rectly on the label or labeling of the pesticide product.

12 SEC. 2. REENTRY INTERVAL.

13 (a) IN GENERAL.—Notwithstanding the provisions of

14 40 CFR part 170, until January 1, 1995, a worker may

15 enter an area treated with a pesticide product during the

16 restricted entry interval specified on the label of the pes-
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1 ticide product to perform tasks related to the production

2 of agricultural plants if the agricultural employer ensures

3 that—

4 (1) no hand labor activity is performed;

5 (2) no such entry is allowed for the first 4 hours

6 following the end of the application of the pesticide

7 product;

8 (3) no such entry is allowed until any inhala9 tion exposure level listed on the product labeling has

10 been reached; and

11 (4) the personal protective equipment specified

12 on the product labeling for early entry is provided in

13 clean and operating condition to the worker.

14 (b) PROTECTIVE EQUIPMENT FOR IRRIGATION

15 WORK.—For irrigation work for which the only contact

16 with treated surfaces is to the feet, lower legs, hands, and

17 arms, the agricultural employer may provide coveralls,

18 chemical resistant gloves, and chemical resistant footwear

19 instead of the personal protective equipment specified on

20 the label.

21 SEC. 3. CROP ADVISORS.

22 Notwithstanding the provisions of 40 CFR part 170,

23 until January 1, 1995, persons performing duties as crop

24 advisors shall not be considered workers or handlers under

25 40 CFR part 170 (or for the purposes of the pesticide label)
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1 and shall not be subject to the requirements of 40 CFR part

2 170.

3 SEC. 4. SAFETY TRAINING.

4 (a) TRAINING MATERIALS.—Not later than September

5 23, 1994, the Administrator shall develop and distribute

6 pesticide safety training materials that convey, at a mini7 mum, the information referred in 40 CFR section

8 170.230(c)(4).

9 (b) IMPLEMENTATION.—The Administrator shall assist

10 the appropriate Federal, State, and tribal agencies in im11 plementing the pesticide safety training programs required

12 under 40 CFR part 170.

13 SEC. 5. DEFINITIONS.

14 As used in this Act:

15 (1) The term ‘‘hand labor’’ means any agricul16 tural activity performed by hand or with hand tools

17 that causes a worker to have substantial contact with

18 surfaces (such as plants, plant parts, or soil) that

19 may contain pesticide residues. These activities in20 clude, but are not limited to, harvesting, detasseling,

21 thinning, weeding, topping, planting, sucker removal,

22 pruning, disbudding, roguing, and packing produce

23 into containers in the field. The term ‘‘hand labor’’

24 shall not include operating, moving, or repairing irri-
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1 gation or watering equipment or performing the tasks

2 of crop advisors.

3 (2) The term ‘‘agricultural employer’’ means any

4 person who hires or contracts for the services of work5 ers, for any type of compensation, to perform activi6 ties related to the production of agricultural plants,

7 or any person who is an owner of or is responsible

8 for management or condition of an agricultural estab9 lishment that uses such workers.

10 (3) The term ‘‘worker’’ means any person, in11 cluding a self-employed person, who is employed for

12 any type of compensation and who is performing ac13 tivities relating to the production of agricultural

14 plants on an agricultural establishment. The term

15 ‘‘worker’’ shall not include any person employed by a

16 commercial pesticide handling establishment to per17 form tasks as a crop advisor.

18 (4) The term ‘‘Administrator’’ means the Admin19 istrator of the Environmental Protection Agency.
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1 SEC. 6. EFFECTIVE PERIOD.

2 The provisions in this Act shall be effective until Janu3 ary 1, 1995.

Attest:

Clerk.