§ 170.103 Exceptions.

Exceptions. This subpart does not apply when any pesticide is applied on an agricultural establishment in the following circumstances: (a) For mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area public pest control programs sponsored by governmental entities; (b) On livestock or other animals, or in or about animal premises; (c) On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses; (d) 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; (e) By injection directly into agricultural plants. Direct injection does not include “hack and squirt,” “frill and spray,” chemigation, soil-incorporation, or soil-injection; (f) In a manner not directly related to the production of agricultural plants, including, but not limited to, structural pest control, control of vegetation along rights-of-way and in other noncrop areas, and pasture and rangeland use; (g) For control of vertebrate pests; (h) As attractants or repellents in traps; (i) On the harvested portions of agricultural plants or on harvested timber; and (j) For research uses of unregistered pesticides. [57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995]