[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: 40CFR170.9]

[Page 210-211]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 170--WORKER PROTECTION STANDARD--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 170.9  Violations of this part.

    (a) Under the Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136 et seq.) (FIFRA) section 12(a)(2)(G) it is unlawful for any 
person ``to use any registered pesticide in a manner inconsistent with 
its labeling.'' When this part is referenced on a label, users must 
comply with all of its requirements except those that are inconsistent 
with product-specific instructions on the labeling. For the purposes of 
this part, EPA interprets the term ``use'' to include:
    (1) Preapplication activities, including, but not limited to:

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    (i) Arranging for the application of the pesticide;
    (ii) Mixing and loading the pesticide; and
    (iii) Making necessary preparations for the application of the 
pesticide, including responsibilities related to worker notification, 
training of handlers, decontamination, use and care of personal 
protective equipment, emergency information, and heat stress management.
    (2) Application of the pesticide.
    (3) Post-application activities necessary to reduce the risks of 
illness and injury resulting from handlers' and workers' occupational 
exposures to pesticide residues during the restricted-entry interval 
plus 30 days. These activities include, but are not limited to, 
responsibilities related to worker training, notification, and 
decontamination.
    (4) Other pesticide-related activities, including, but not limited 
to, providing emergency assistance, transporting or storing pesticides 
that have been opened, and disposing of excess pesticides, spray mix, 
equipment wash waters, pesticide containers, and other pesticide-
containing materials.
    (b) A person who has a duty under this part, as referenced on the 
pesticide product label, and who fails to perform that duty, violates 
FIFRA section 12(a)(2)(G) and is subject to a civil penalty under 
section 14. A person who knowingly violates section 12(a)(2)(G) is 
subject to section 14 criminal sanctions.
    (c) FIFRA section 14(b)(4) provides that a person is liable for a 
penalty under FIFRA if another person employed by or acting for that 
person violates any provision of FIFRA. The term ``acting for'' includes 
both employment and contractual relationships.
    (d) The requirements of this part, including the decontamination 
requirements, shall not, for the purposes of section 653(b)(1) of title 
29 of the U.S. Code, be deemed to be the exercise of statutory authority 
to prescribe or enforce standards or regulations affecting the general 
sanitary hazards addressed by the OSHA Field Sanitation Standard, 29 CFR 
1928.110, or other agricultural, nonpesticide hazards.