[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1913 Enrolled Bill (ENR)]

<DOC>

        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.

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.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.