[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1913 Engrossed Amendment House (EAH)]

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:

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.

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 self-
        employed 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.

SEC. 6. EFFECTIVE PERIOD.

    The provisions in this Act shall be effective until January 1, 
1995.
            Attest:






                                                                 Clerk.