[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR170.9]



[Page 208-209]

 

                   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,



[[Page 209]]



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:

    (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.