1. (1) Emergency conditions. An agricultural employer may have agricultural workers enter an area treated with an agricultural pesticide before the restricted entry interval has expired if all of the following apply:

   1. (a) The early entry is necessary to prevent or mitigate the effects of an agricultural emergency.
   2. (b) The early entry complies with applicable worker protection standards under 40 CFR 170.112.
   3. (c) The agricultural workers entering the treated area have been trained in compliance with 40 CFR 170.130.

   4. (d) The agricultural employer files a written report with the department under sub. (2) within 72 hours after the early entry occurs. The department may require an agricultural employer to file additional information with the department, as necessary.

      Note: ATCP 29.61 incorporates federal rules that prohibit agricultural workers from reentering a treated area during a restricted entry interval except in an “agricultural emergency.” Subsection (1) serves as a “declaration of emergency” for purposes of 40 CFR 170.112 (d)(2)(i). If all of the conditions under sub. (1) are met, no further “declaration” by the department is needed in order to permit the early entry of agricultural workers into a treated area.

2. (2) Report filed by agricultural employer. An agricultural employer shall file a report under sub. (1) (d) in writing, and shall include all of the following:

   1. (a) The complete name, mailing address, and telephone number of the agricultural employer.

      Note: The name under par. (a) may be that of a business entity.

   2. (b) The date and location of the early entry.
   3. (c) A description of the agricultural emergency which necessitated the early entry.
   4. (d) The brand name, EPA registration number, and restricted entry interval for each pesticide applied to the treated area.

   5. (e) The number of agricultural workers involved in the early entry.

      Note: An agricultural employer filing a report under sub. (2) should file that report at the following address: Department of Agriculture, Trade and Consumer Protection Agricultural Resource Management Division Worker Protection Program P.O. Box 8911 Madison, Wisconsin 53708-8911

History

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.