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EPA

Ag Center Fact Sheet

EPA 305-F-01-014
August 2001
The National Agriculture Compliance Assistance Center

Agrichemicals
WPS - Central Posting When the Treated Area Has Moved

FOCUS ON
Q&A's on Posting When the Treated Plant or Soil Has Been Sold or Moved

The Agricultural Worker Protection Standard (WPS) is a regulation issued by the U.S. Environmental Protection Agency in 1992 and amended in 1995. It covers pesticides that are used in the production of agricultural plants on farms, forests, nurseries, and greenhouses. The WPS requires you to take steps to reduce the risk of pesticide-related illness and injury if you (1) use such pesticides, or (2) employ workers or pesticide handlers who are exposed to such pesticides.

This fact sheet will help you understand how to comply with WPS requirements for displaying information about pesticide applications. These questions were submitted to the Agency by people seeking clarification on this part of the regulation, and have been answered by EPA’s Office of Compliance.

The WPS requires posting of information on pesticide applications at a central location for at least 30 days after the expiration of the restricted entry interval (REI) (or, if there is no REI, for at least 30 days after the end of the application), or until workers are no longer on the establishment, whichever is earlier. [40 CFR §§170.122 and 170.222].

If treated soil is sold (in the pots with the crop) and is moved off the agricultural establishment, and is no longer under the control of the agricultural employer, does the application list have to remain posted at the agricultural establishment where pesticide treatment occurred?

Yes. The application list must be displayed for at least 30 days after the expiration of the REI (or, if there is no REI, for at least 30 days after the end of the application), or until workers are no longer on the establishment, whichever is earlier. It is acceptable to note on the list that the treated area (treated plants/soil) is no longer on the agricultural establishment.

If a crop is harvested and sold and the remaining stubble is plowed under, does the application list at the central location still have to contain a listing of applications to that crop? What if another crop is planted in that area within a 30-day period?

Yes. The list of applications posted at the central location would have to be displayed for at least 30 days after the end of the restricted-entry interval (or, if there is no restricted-entry interval, for at least 30 days after the end of the application) or at least until workers are no longer on the establishment. If another crop is planted within the 30-day period, the list of applications to the previous crop, and any information on pesticide application to the new crop, would still have to be displayed.

Potting soil/plants may be treated with a pesticide in one location and then be moved either during the REI period or during the 30 days after the end of the REI. If they are moved, does the central posting information have to be updated to reflect the current location?

To meet the requirement of the regulations, the central posting information must remain reasonably accurate during the 30 days after the REI, or if none, for 30 days after the application, so that a worker will be able to determine which pesticides may be present in areas he will enter.

  1. Meeting this performance standard can be accomplished in a number of ways, including:
  2. Updating the information.
  3. Providing the initial information in such a way that it addresses any likely changes to the location of the treated area (the pots).
  4. Referring in the posting to markings or to other identifiers on/with the pots that remain with them as they move, in addition to providing the initial location of the pesticide application.
  5. Providing the information in some other systematic manner that the employer chooses to use to assure that the information remains reasonably accurate.

This list of examples is not exhaustive.

For more information

To get more facts about compliance, contact the Ag Center by phone, fax, or mail.  Call the toll-free number to ask compliance questions or order publications.  At the Ag Center's Web site you can explore compliance information and order or download publications.  For a complete publications list, request document 10001, "Ag Center Publications."

The Ag Center welcomes comments on this document and its other services.

National Agriculture Compliance Assistance Center
901 North Fifth Street
Kansas City, KS 66101
Toll-free: 1-888-663-2155
Internet: www.epa.gov/agriculture

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