Exemptions from the Worker Protection Standard
The Worker Protection Standard (WPS) does not apply when pesticides are applied on an agricultural establishment in the following circumstances:
- For mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area public pest control programs sponsored by governmental entities.
- The WPS does apply to cooperative programs in which the growers themselves make or arrange for pesticide applications.
- On livestock or other animals, or in or about animal premises.
- On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses.
- On plants that are in ornamental gardens, parks, and public or private lawns and grounds that are intended only for aesthetic purposes or climatic modification.
- By injection directly into agricultural plants. Direct injection does not include "hack and squirt," "frill and spray," chemigation, soil-incorporation, or soil-injection.
- In a manner not directly related to the production of agricultural plants, such as structural pest control, control of vegetation along rights-of-way and in other noncrop areas, and pasture and rangeland use.
- For control of vertebrate pests not related to production of the agricultural crop.
- As attractants or repellents in traps.
- On the harvested portions of agricultural plants or on harvested timber.
- For research uses of unregistered pesticides.