---
kind: "section"
citation: "40 C.F.R. § 170.103"
title: "40"
number: "170.103"
heading: "Exceptions."
url: "https://uscodex.org/cfr/40/170.103"
---

# §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.**

## Notes

### Amendments

[57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995]

### Authority

Authority: 7 U.S.C. 136w.

### Source

Source: 57 FR 38151, Aug. 21, 1992, unless otherwise noted.

### Amendments

[57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995]