Section 29.60. Definitions.

  In this subchapter:

(1)  "Agricultural employer" means a person who hires or contracts for the services of one or more agricultural workers, or operates an agricultural establishment that uses one or more agricultural workers.

(2)  "Agricultural emergency" means a sudden onset of conditions, such as flood, fire, frost, hail, high winds, or loss of power, which will result in a substantial economic loss that can only be prevented or mitigated by the early entry of agricultural workers into an area treated with an agricultural pesticide. "Agricultural emergency" does not include conditions which an agricultural employer could have anticipated and controlled, or which are precipitated by an agricultural employer's mismanagement or negligence.

(3)  "Agricultural establishment" means any farm, forest, nursery, or greenhouse where agricultural plants are produced.

(4)  "Agricultural pesticide" means any pesticide used or labeled for use in the production of agricultural plants at an agricultural establishment.

(5)  "Agricultural plant" means any plant grown or maintained for commercial or research purposes.

(6)  "Agricultural worker" means an individual who performs activities related to the production of agricultural plants at an agricultural establishment.

(7)  "Crop advisor" means any individual who assesses pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants.

(8)  "Direct the use of a pesticide" has the meaning given in s. ATCP 29.01 (14) .

(9)  "Dual notice agricultural pesticide" means an agricultural pesticide whose label requires agricultural employers to do both of the following:

(a) Post application sites with worker protection warning signs.

(b) Give workers oral notice of applications.

(10)  "Early entry" means the entry of agricultural workers into an area treated with an agricultural pesticide, for the purpose of performing hand labor, before the restricted entry interval has expired.

(11)  "Hand labor" means any agricultural activity, performed by hand or with hand tools, that causes a worker to have substantial contact with surfaces such as plants, plant parts, or soil that may contain pesticide residues. "Hand labor" includes activities such as harvesting, detasseling, thinning, weeding, topping, planting, removing suckers, pruning, debudding, roguing, and packing produce into containers in the field. "Hand labor" does not include operating, moving or repairing irrigation, watering or frost protection equipment; acting as a crop advisor; or performing similar activities which do not entail substantial contact with surfaces that may contain pesticide residues.

(12)  "Handler" means an individual who does any of the following:

(a) Mixes or loads an agricultural pesticide.

(b) Uses an agricultural pesticide.

(c) Acts as a flagger to mark the pesticide application pathway during an agricultural pesticide application.

(d) Cleans, adjusts, handles, or repairs those parts of pesticide mixing, loading, or application equipment that may contain agricultural pesticide residues.

(e) Assists with the application of agricultural pesticides in any manner which could expose that person to pesticides.

(f) Enters a greenhouse or other enclosed area during or after an agricultural pesticide application, and before the inhalation exposure level specified on the pesticide label and the ventilation criteria specified by 40 CFR 170.110 (c) (3) or the pesticide label have been met, in order to operate ventilation equipment, adjust or remove covers used in fumigation, or monitor air quality.

(g) Enters an outdoor area treated with a soil fumigant in order to adjust or remove soil coverings such as tarpaulins.

(h) Performs tasks as a crop advisor at an agricultural pesticide application site during or after a pesticide application, and before any of the following have occurred:

1. The inhalation exposure level specified on the pesticide label is met.

2. The ventilation criteria specified by 40 CFR 170.110 (c)(3) or the pesticide label are met.

3. The restricted entry interval specified on the pesticide label has expired.

(13)  "Mix or load" a pesticide has the meaning given in s. ATCP 29.01 (23) .

(14)  "Restricted entry interval" has the meaning given in s. ATCP 29.01 (35) .

(15)  "Substantial economic loss" means a loss in profitability which is greater than that which could occur as a result of normal annual fluctuations in crop yield or quality.

(16)  "Use" a pesticide has the meaning given in s. ATCP 29.01 (41) .

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; corrections in (14) and (16) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519 .