Label Review Training: Module 3: Special Issues, Page 21
Section 5: What is worker protection labeling?
Products Subject to the Worker Protection Standard
Review the criteria below to determine whether the label under review involves a product that is subject to the WPS.
| CRITERIA | Subject to WPS? |
|---|---|
| Product is a manufacturing-use product or an unregistered pesticide used under an experimental use permit issued under FIFRA section 5, or under an exemption issued under FIFRA section 18. | NO |
| Product bears directions for use on an agricultural establishment or involving the production of an agricultural plant. Or the product bears labeling that could reasonably permit such a use. | YES |
| EXCEPTIONS: The use sites below are not subject to WPS | |
| Mosquito abatement, Mediterranean fruit fly eradication, or similar area-wide public pest control programs sponsored by governmental entities. | |
| Use on livestock or other animals, or in or around animal premises. | |
| Plants grown for purposes other than commercial or research, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses. | |
| Plants that are in ornamental gardens, parks, golf courses, and public or private lawns and grounds, and that are intended only for aesthetic purposes or climatic modification. | |
| Use by injection directly into agricultural plants. | |
| Use in a manner not directly related to the production of agricultural plants, including, but not limited to, structural pest control, control of vegetation along rights-of-way and in other non-crop areas, and pasture and rangeland use. Note that if the registrant wants to include directions for cutting hay in pastures or rangelands, then the product must bear WPS requirements. | NO |
| Control of vertebrate pests. | |
| Use as attractants or repellents in traps. | |
| Post harvest treatments on the harvested portions of agricultural plants or harvested timbers. | |
| Research uses of unregistered pesticides. | |
| Commercial seed treatment that is only allowed to be conducted off-farm (e.g., seed treated at factories that is placed in containers/bags). |
Remember, in some cases it may not be clear whether or not a product is “within-scope” of the WPS. If the intention is to remove the product from the scope of WPS, language should be used that limits where this product can be applied, rather than who may apply it. This can be done by using exclusionary statements such as the following:
“Not for use on turf being grown for sale or other commercial use as sod, or for commercial seed production, or for research purposes.”
OR
“For use only on residential lawns.”
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