v>EPA
United States
Environmental Protection
Agency
Office of Enforcement
& Compliance Assurance
Washington, DC 20460
EPA305-F-01-014
August 2001
www.epa.gov
   Agrichemicals
   WPS - Central Posting When the
   Treated Area Has Moved
                                                       A        ^^f^f^f
                                                     Ag Center
                                                            Helping Agriculture Comply with
                                                            Environmental Requirements
           FOCUS    ON
                   Q&A's on  Posting  When the

                   Treated  Plant or Soil  Has Been

                   Sold or Moved

                   The Agricultural Worker Protection Standard (WPS) is a regulation issued by the U.S.
                   Environmental Protection Agency in 1992 and amended in 1995. It covers pesticides that are
                   used in the production of agricultural plants on farms, forests, nurseries, and greenhouses. The
                   WPS requires you to take steps to reduce the risk of pesticide'related illness and injury if you (I)
                   use such pesticides, or (2) employ workers or pesticide handlers who are exposed to such
                   pesticides.

                   This fact sheet will help you understand how to comply with WPS requirements for displaying
                   information about pesticide applications. These questions were submitted to the Agency by
                   people seeking clarification on this part of the regulation, and have been answered by EPA's
                   Office of Compliance.
                   The WPS requires posting of
                   information on pesticide
                   applications at a central location
                   for at least 30 days after the
                   expiration of the restricted entry
                   interval (REI) (or, if there is no
                   REI, for at least 30 days after the
                                  end of the application), or until
                                  workers are no longer on the
                                  establishment, whichever is
                                  earlier. [40 CFR §§ 170.122 and
                                  170.222].

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If treated soil is sold (in the pots
with the crop) and is moved off
the agricultural establishment,
and is no longer under the
control of the agricultural
employer, does the application
list have to remain posted at the
agricultural establishment where
pesticide treatment occurred?

Yes.  The application list must be
displayed for at least 30 days after the
expiration of the REI (or, if there is no
REI, for at least 30 days after the end of
the application), or until workers are no
longer on the establishment, whichever
is earlier. It is acceptable to note on the
list that the treated area (treated
plants/soil) is no longer on the
agricultural establishment.
end of the restricted-entry interval (or, if
there is no restricted-entry interval, for
at least 30 days after the end of the
application) or at least until workers are
no longer on the establishment. If
another crop is planted within the 30-
day period, the list of applications to the
previous crop, and any information on
pesticide application to the new crop,
would still have to be displayed.


Potting soil/plants may be
treated with a pesticide in one
location and then be moved
either during the REI period or
during the 30 days after the end
of the REI. If they are moved,
does the central posting
information have to be updated
to reflect the current location?
If a crop is harvested and sold
and the remaining stubble is
plowed under, does the
application list at the central
location still have to contain a
listing of applications to that
crop? What if another crop is
planted in that area within a 30-
day period?

Yes.  The list of applications posted at
the central location would have to be
displayed for at least 30 days after the
To meet the requirement of the
regulations, the central posting
information must remain reasonably
accurate during the 30 days after the
REI, or if none, for 30 days after the
application, so that a worker will be able
to determine which pesticides may be
present in areas he will enter.


Meeting this performance standard can
be accomplished in a number of ways,
including:
1.  Updating the information.
Ag Center Fact Sheet Series
Agrichemicals/WPS - Central Posting When the Treated Area Has Moved
                              Page 2

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  Agrichemicals
  Worker Protection Standard for
  Agricultural Pesticides
                                                    Central Posting When the
                                                      Treated Area Has Moved
The Ag Center
welcomes comments
on this document and
its other services.
                          4.
Providing the initial information in
such a way that it addresses any
likely changes to the location of the
treated area (the pots).
Referring in the posting to markings
or to other identifiers on/with the
pots that remain with them as they
move, in addition to providing the
initial location of the pesticide
application
Providing the information in some
other systematic manner that the
employer chooses to use to assure
that the information remains
reasonably accurate.
                          This list of examples is not exhaustive.

                          For more information
                          To get more facts about compliance,
                          contact the Ag Center by phone, fax, or
                          mail.  Call the toll-free number to ask
                          compliance questions or order
                          publications. At the Ag Center's web
                          site, www.epa.gov/agriculture, you can
                          explore compliance information and
                          order or download publications. For a
                          complete publications list, request
                          document 10001, "Ag Center
                          Publications."
                            National Agriculture Compliance
                            Assistance Center
                            901 N. 5th Street
                            Kansas City, KS 66 1 0 1

                            Toll-free:    1-888-663-2155
                            Internet:     www.epa.gov/agriculture
                            Fax:        913-551-7270
                                    United States Environmental
                                    Protection Agency
                                    Washington, DC 20460
                          Ag Center Fact Sheet Series
                                                                          Page 3

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