[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR170.110]

[Page 212-214]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 170--WORKER PROTECTION STANDARD--Table of Contents
 
                     Subpart B--Standard for Workers
 
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,

[[Page 213]]

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
   A. During Application of a Pesticide:                 in:
------------------------------------------------------------------------
(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.
    (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.

[[Page 214]]



                  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
                                                                                                 Area is:
----------------------------------------------------------------------------------------------------------------
(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
                                                                 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
----------------------------------------------------------------------------------------------------------------