Do you work on an agricultural establishment, even part of the time?

  • Including food/oil crops, turf, and forest products
  • Including ornamental plants like flowers and shade trees
  • Including organic operations
  • Including greenhouses, mushroom houses, and warehouse production facilities

If you only store or transport agricultural plants, answer "no."

OK. Now, does your establishment use pesticide products on those plants with this kind of labeling?

Do labels contain the phrase "AGRICULTURAL USE REQUIREMENTS" as shown in the example below?

Example of agricultural use pesticide label language.

Note: even products used in organic settings may use include "AGRICULTURAL USE REQUIREMENTS" on their labeling.

Are you sure?

In addition to farms and forest operations, agricultural establishments also include:

  • Nurseries, garden centers or other similar operations where nursery and ornamental bedding plants are maintained for sale (retail or wholesale).
  • Dairy farms that produce hay for feed for their cattle.
  • Golf course establishments that also produce sod and/or ornamentals in one area on their facility/establishment for transplanting into the golf course portion of the facility.
  • Public park operations/facilities and/or privately-held ornamental garden operations/facilities that produce ornamental plants in one area on their establishment for transplanting into the permanent park or ornamental planting portion of the facility.
  • Theme park operations (e.g., Disney World, Universal Studios, Sea World, etc.), hotels, and/or other entertainment operations that produce ornamental plants in one area on their establishment for transplanting into the permanent theme park grounds or ornamental planting portions of the facility.
  • Prisons that have "prison farms" where agricultural plants are produced and the prisoners are employed as workers and handlers.
  • University extension agricultural research facilities that conduct research on agricultural plants.
  • Educational classes or vocational agriculture programs where agricultural plants are produced as part of a class or program, students act as workers and/or handlers, and students receive monetary compensation such as a stipend, or free or reduced tuition.
  • Pine straw harvesting/production operations.
  • Government owned or managed agricultural operations.

With this new information, do you work in the production or maintenance of agricultural plants?

More information about agricultural establishments.

In addition to farms and forest operations, ag. establishments also include:

  • Nurseries, garden centers or other similar operations where nursery and ornamental bedding plants are maintained for sale (retail or wholesale).
  • Dairy farms that produce hay for feed for their cattle.
  • Golf course establishments that also produce sod and/or ornamentals in one area on their facility/establishment for transplanting into the golf course portion of the facility.
  • Public park operations/facilities and/or privately-held ornamental garden operations/facilities that produce ornamental plants in one area on their establishment for transplanting into the permanent park or ornamental planting portion of the facility.
  • Theme park operations (e.g., Disney World, Universal Studios, Sea World, etc.), hotels, and/or other entertainment operations that produce ornamental plants in one area on their establishment for transplanting into the permanent theme park grounds or ornamental planting portions of the facility.
  • Prisons that have "prison farms" where agricultural plants are produced and the prisoners are employed as workers and handlers.
  • University extension agricultural research facilities that conduct research on agricultural plants.
  • Educational classes or vocational agriculture programs where agricultural plants are produced as part of a class or program, students act as workers and/or handlers, and students receive monetary compensation such as a stipend, or free or reduced tuition.
  • Pine straw harvesting/production operations.
  • Government owned or managed agricultural operations.

With this new information, do you work in the production or maintenance of agricultural plants?

You work in a WPS establishment.

It sounds like the Worker Protection Standard (WPS) applies on the establishment where you work. It only applies to you if you are paid to perform activities that are directly related to the production and/or maintenance of the agricultural plants.

Directly Related:Not Directly Related:
HarvestingDelivering materials to the establishment
ThinningBuying pesticides or application equipment
Hand-weedingCarrying/moving pesticide containers that have never been opened
Pest-scoutingPost-harvest handling of agricultural products outside the treated area(s)
PruningCaring for livestock
PlantingUsing herbicides in non-agricultural areas like roadsides and parking lots
Preparing sites/media for plantingPerforming pest control activities in offices/buildings that are not used for agricultural production
Carrying nursery stockPerforming government-sponsored pest control campaign activities such as mosquito abatement and regional eradication efforts (i.e. Mediterranean fruit fly)
Repotting plants
Watering

Is your paid work directly related to the production or maintenance of agricultural plants?

Let's be sure.

You answered "No" to the use of Agricultural Use pesticide products. It's important to make sure that's correct.

  • The term "pesticide" includes herbicides, fungicides, insecticides, bacteriocides, rodenticides, and other products intended to kill, mitigate, or repel pests.
  • Both general-use pesticides and restricted-use pesticides are covered by the WPS.
  • Pesticide products used organic (link to Organic FAQ doc) settings are considered pesticides.
  • Even natural products like sulfur and Bacillus thuringiensis (Bt) are considered pesticides. When these products are used in agriculture, the WPS usually applies.

Are pesticides used on the establishment that include "AGRICULTURAL USE REQUIREMENTS"?

Find more information:

Examine the pesticide products used on the agricultural establishment. Search for the "AGRICULTURAL USE REQUIREMENTS" on each pesticide label and read that section carefully. If you don't know how to access the labels, ask your supervisor or the establishment operator about the pesticide products that are used.

  • There may be several different labels/products with the same name. Read the label every time.
  • Labels for the same product may change over time when requirements change.
  • Each registered pesticide product has an EPA Registration Number (EPA Reg. No.). It's a unique identifier that can be used to match-up pesticide products with their safety data sheets, different label versions, and alternative brand-names.
  • If you have the product's EPA Registration number in your records, but you don't have the label on-hand, you can look up the product label in NPRO or EPA PPLS
  • Agricultural-use pesticide labels refer to the Worker Protection Standard (WPS) in 40 CFR 170. When applicable, this makes the whole Worker Protection Standard a part of the label requirements.

If you have questions, contact the agency in your state responsible for regulating pesticides.

Are pesticides used on the establishment that include "AGRICULTURAL USE REQUIREMENTS."?

Let's make sure:

Have you read the definition of an agricultural establishment?

An agricultural establishment is defined as any farm, forest operation, or nursery engaged in the outdoor or enclosed space production of agricultural plants. An establishment that is not primarily agricultural is an agricultural establishment if it produces agricultural plants for transplant or use (in part or their entirety) in another location instead of purchasing the agricultural plants.

Do you ever work (for money) on an agricultural establishment?

Ask the experts in your state

When in doubt, reach out to the regulators that know the regulation best. In most states, the state Department of Agriculture is responsible. In tribal territory, it varies.

WPS Does Not Apply

The Worker Protection Standard (WPS) applies to paid workers in agriculture and forestry. It appears it doesn't apply to you in your current situation. Check again if your situation changes.

In and out of agriculture, the EPA requires testing, certification, and continuing education for licensed pesticide applicators. A license is required to buy or use restricted-use pesticides. Those requirements are changing because new final rules were announced on December 12, 2016. Learn more...

The WPS Applies To You

Based on your answers, it looks like the Worker Protection Standard does apply to you.