September 2024

Greetings! This Worker Protection Standard (WPS) newsletter is sent out by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) regularly throughout the year as needed. You have been signed up as a result of your email address provided through a DATCP WPS inspection or have voluntarily signed up to receive WPS information provided by DATCP.

Preparing for Harvest and Preharvest Intervals

As fall approaches and harvest season begins, we'd like to offer a few quick reminders regarding when training is required depending on the type of help you have! In addition, readers are reminded to follow preharvest intervals listed on pesticide product labels.

Hired Employees

If you have hired employees/labor to help you with harvest, you are subject to complying with all WPS requirements. WPS training is required if those employees are entering an area that has had a pesticide application within the last 30 days. Remember to fill out a training record form.

Volunteers

Establishments using volunteers have become quite common across Wisconsin. If you have volunteers come in to assist with harvest, and are providing them with compensation, they are required to receive WPS training prior to entering if they are entering within 30 days of the last pesticide application taking place. If the volunteers are entering after 30 days of application, WPS training is not required. Compensation can be financial or in the form of a “gift”.

U-Pick Operations The general public coming to pick produce and pay you for it does not require WPS training. If you have a pre-picked area, and an employee harvested for the pre-picked area within 30 days of the last pesticide application, that employee would need WPS training. Beyond 30 days, WPS training is not required.

Immediate Family

As defined by the WPS rule in 40 CFR 170.305, immediate family is limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, uncles, nieces, nephews, and first cousins. “First Cousin” means the child of a parent’s sibling (i.e., the child of an aunt or uncle). Immediate family is exempt from the WPS training requirement.

Training

Training, if required, must occur prior to any harvest activities taking place. Anyone helping with harvest is considered an agricultural worker. Training must be led by someone who is a certified applicator or has taken EPA’s Train-the-Trainer course. Training must be provided in the language of the workers. Training videos can be found here. A record of the training must be completed. Training record form can be found here. 

Preharvest Interval The preharvest interval (PHI) is the wait time between a pesticide application and when a crop can be harvested. The label will state how long the crop must remain in the garden or field after spraying. During the PHI, the pesticide may be broken down in the plant, or on its surface. Sun, rain, and warm temperatures may affect how quickly this happens.

• Following the PHI reduces your risk from using pesticides on food.
• If your fruit or vegetable is not listed on the pesticide product label, that means you cannot apply the product to it.
• Harvesting a crop before the PHI is illegal. The time listed on the label has been tested to minimize pesticide residue.
• Wait times for the same fruit or vegetable can differ between products.
• For products that can be applied up to the day of harvest, the label may list ‘0’ (zero) days, or there may be no time listed.
• The EPA sets limits on residue levels, called tolerances, for every pesticide on each crop. The PHI helps meet these safety standards.
• If you sell your produce and you do not follow the PHI, there is a risk for too much pesticide residue on them. Residues above legal limits can keep a crop from sale or export.
• Always follow the label, including how and when to apply, and the PHI.

This excerpt was taken from the National Pesticide Information Center. Please visit their page for more PHI information.  

Questions?

Contact Alyssa Foss, Worker Protection Standard Program Manager, at (608) 224-4547 or Alyssa.Foss@wisconsin.gov.

Contact your local Environmental Enforcement Specialist. You can find their contact information on DATCP’s webpage.

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