S. 1913

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To extend certain compliance dates for pesticide safety training and

labeling requirements.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. COMPLIANCE.

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

12(a)(2)(G) of the Federal Insecticide, Fungicide, and Rodenticide

Act (7 U.S.C. 136j(a)(2)(G)) to use any pesticide product in a manner

inconsistent with the provisions of 40 CFR part 170 that are (1)

subject to the compliance date specified in 40 CFR section 170.5(c)

and (2) incorporated by reference on the label or labeling of any

pesticide product. This delay in compliance shall not apply to specific worker protection requirements that appear directly on the

label or labeling of the pesticide product.

SEC. 2. REENTRY INTERVAL.

(a) IN GENERAL.—Notwithstanding the provisions of 40 CFR

part 170, until January 1, 1995, a worker may enter an area

treated with a pesticide product during the restricted entry interval

specified on the label of the pesticide product to perform tasks

related to the production of agricultural plants if the agricultural

employer ensures that—

(1) no hand labor activity is performed;

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

the end of the application of the pesticide product;

(3) no such entry is allowed until any inhalation exposure

level listed on the product labeling has been reached; and

(4) the personal protective equipment specified on the product labeling for early entry is provided in clean and operating

condition to the worker.

(b) PROTECTIVE EQUIPMENT FOR IRRIGATION WORK.—For irrigation work for which the only contact with treated surfaces is to

the feet, lower legs, hands, and arms, the agricultural employer

may provide coveralls, chemical resistant gloves, and chemical

resistant footwear instead of the personal protective equipment

specified on the label.

SEC. 3. CROP ADVISORS.

Notwithstanding the provisions of 40 CFR part 170, until January 1, 1995, persons performing duties as crop advisors shall not

be considered workers or handlers under 40 CFR part 170 (or

for the purposes of the pesticide label) and shall not be subject

to the requirements of 40 CFR part 170.
S. 1913—2

SEC. 4. SAFETY TRAINING.

(a) TRAINING MATERIALS.—Not later than September 23, 1994,

the Administrator shall develop and distribute pesticide safety

training materials that convey, at a minimum, the information

referred in 40 CFR section 170.230(c)(4).

(b) IMPLEMENTATION.—The Administrator shall assist the

appropriate Federal, State, and tribal agencies in implementing

the pesticide safety training programs required under 40 CFR part

170.

SEC. 5. DEFINITIONS.

As used in this Act:

(1) The term ‘‘hand labor’’ means any agricultural activity

performed by hand or with hand tools that causes a worker

to have substantial contact with surfaces (such as plants, plant

parts, or soil) that may contain pesticide residues. These activities include, but are not limited to, harvesting, detasseling,

thinning, weeding, topping, planting, sucker removal, pruning,

disbudding, roguing, and packing produce into containers in

the field. The term ‘‘hand labor’’ shall not include operating,

moving, or repairing irrigation or watering equipment or

performing the tasks of crop advisors.

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

who hires or contracts for the services of workers, for any

type of compensation, to perform activities related to the

production of agricultural plants, or any person who is an

owner of or is responsible for management or condition of

an agricultural establishment that uses such workers.

(3) The term ‘‘worker’’ means any person, including a selfemployed person, who is employed for any type of compensation

and who is performing activities relating to the production

of agricultural plants on an agricultural establishment. The

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

commercial pesticide handling establishment to perform tasks

as a crop advisor.

(4) The term ‘‘Administrator’’ means the Administrator of

the Environmental Protection Agency.
S. 1913—3

SEC. 6. EFFECTIVE PERIOD.

The provisions in this Act shall be effective until January

1, 1995.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.