Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 170  /  Sec. 170.110 Restrictions associated with pesticide applications.

(a) Farms and forests. During the application of any pesticide on a farm or in a forest, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the treated area.

(b) Nurseries. In a nursery, during any pesticide application described in column A of Table 1 of this paragraph, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area specified in column B of Table 1 of this paragraph. After the application is completed, until the end of any restricted-entry interval, the entry-restricted area is the treated area.

Table 1--Entry-Restricted Areas in Nurseries During Pesticide

Applications------------------------------------------------------------------------

B. Workers are Prohibited

(1)(a) Applied: Treated area plus 100 feet

in all directions on the

nursery

(i) Aerially, or

(ii) In an upward direction, or

(iii) Using a spray pressure greater

than 150 psi, or

(b) Applied as a:

(i) Fumigant, or

(ii) Smoke, or

(iii) Mist, or

(iv) Fog, or

(v) Aerosol.(2)(a) Applied downward using: Treated are plus 25 feet in

all directions on the

nursery

(i) A height of greater than 12 inches

from the planting medium, or

(ii) A fine spray, or

(iii) A spray pressure greater than 40

psi and less than 150 psi.

(b) Not as in 1 or 2(a) above but for

which a respiratory protection device is

required for application by the product

labeling.(3) Applied otherwise. Treated area------------------------------------------------------------------------

(c) Greenhouses. (1) When a pesticide application described in column A of Table 2 under paragraph (c)(4) of this section takes place in a greenhouse, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area specified in column B of Table 2 until the time specified in column C of Table 2 has expired.

(1) When a pesticide application described in column A of Table 2 under paragraph (c)(4) of this section takes place in a greenhouse, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area specified in column B of Table 2 until the time specified in column C of Table 2 has expired.

(2) After the time specified in column C of Table 2 under paragraph (c)(4) of this section has expired, until the expiration of any restricted-entry interval, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area as specified in column D of Table 2 under paragraph (c)(4) of this section, except as provided in Sec. 170.112.

(3) When column C of Table 2 under paragraph (c)(4) of this section specifies that ventilation criteria must be met, ventilation shall continue until the air concentration is measured to be equal to or less than the inhalation exposure level the labeling requires to be achieved. If no inhalation exposure level is listed on the labeling, ventilation shall continue until after:

(i) Ten air exchanges are completed; or

(ii) Two hours of ventilation using fans or other mechanical ventilating systems; or

(iii) Four hours of ventilation using vents, windows or other passive ventilation; or

(iv) Eleven hours with no ventilation followed by 1 hour of mechanical ventilation; or

(v) Eleven hours with no ventilation followed by 2 hours of passive ventilation; or

(vi) Twenty-four hours with no ventilation.

(4) The following Table 2 applies to paragraphs (c) (1), (2), and (3) of this section.

Table 2--Greenhouse Entry Restrictions Associated With Pesticide Applications----------------------------------------------------------------------------------------------------------------

D. After the Expiration

of Time in Column C

B. Workers are Until the Restricted-

A. When a Pesticide is Applied: Prohibited in: C. Until: Entry Interval Expires,

the Entry-Restricted

(1) As a fumigant Entire greenhouse plus The ventilation No entry restrictions

any adjacent structure criteria of paragraph after criteria in

that cannot be sealed (c)(3) of this section column C are met

off from the treated are met

area

(2) As a Entire enclosed area The ventilation Entire enclosed area is

criteria of paragraph the treated area

(c)(3) of this section

(3) of this section

are met

(i) Smoke, or

(ii) Mist, or

(iii) Fog, or

(iv) Aerosol(3) Not in 1 or 2 above, and for Entire enclosed area The ventilation Treated area

which a respiratory protection criteria of paragraph

device is required for application (c)(3) of this section

by the product labeling are met(4) Not in 1, 2, or 3 above, and: Treated area plus 25 Application is complete Treated area

feet in all directions

in the enclosed area

(i) From a height of greater than

12 in. from the planting medium,

or

(ii) As a fine spray, or

(iii) Using a spray pressure

greater than 40 psi(5) Otherwise Treated area Application is complete Treated area----------------------------------------------------------------------------------------------------------------