A N A C T
RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 23-25 of the General Laws entitled "Pesticide Control" is hereby amended by adding thereto the following sections:
23-25-37. Pesticide applications and notification of pesticide applications at schools. -- (a) On and after July 1, 2001, no person other than a licensed or certified commercial applicator as defined in section 23-25-4, shall apply pesticide within any building or on the grounds of any school. This section shall not apply in the case of an emergency application of pesticide to eliminate an immediate threat to human health, where it is impractical to obtain the services of any such applicator; provided such emergency application does not involve a restricted use or state limited use pesticide. For purposes of this section, emergency shall mean a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member.
(b) On and after July 1, 2001, at the beginning of each school year, each local school committee shall provide the staff of each school and the parents or guardians of each child enrolled in each school with a written statement of the committee's policy on pesticide application on school property and a description of any pesticide applications made at the school during the previous school year.
Such statement and description shall be provided to the parents or guardians of any child who transfers to a school during the school year. Such statement shall: (1) indicate that the staff, parents, or guardians may register for prior notice of pesticide applications at the school; and (2) describe the emergency notification procedures provided for in this section. Notice of any modification to the pesticide application policy shall be sent to any person who registers for notice under this section.
(c) On and after July 1, 2001, parents or guardians of children in any school and school staff may register for prior notice of pesticide application at their school. Each school shall maintain a registry of persons requesting such notice. Prior to providing for any application of pesticide within any building or on the grounds of any school, the local school committee shall provide for the distribution of notice to parents and guardians who have registered for prior notice under this section, such that the notice is received no later than twenty-four (24) hours prior to such application. Notice shall be given by any means practicable to school staff who have registered for such notice. Notice under this subsection shall include: (1) the name of the active ingredient of the pesticide being applied; (2) the target pest; (3) the location of the application on the school property; (4) the date of the application; and (5) the name of the school administrator, or a designee, who may be contacted for further information.
(d) On and after July 1, 2001, no application of pesticide may be made in any building or on the grounds of any school during regular school hours or during planned activities at any school, except that an emergency application may be made to eliminate an immediate threat to human health if: (1) it is necessary to make the application during such a period; and (2) such emergency application does not involve a restricted use or state limited use pesticide. No child shall enter an area where such application has been made until it is safe to do so according to the provisions on the pesticide label. This section shall not apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobal agents, insecticidal gels, non-volatile insect or rodent bait in a tamper resistant container, insect repellants or the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR part 152.25.
(e) On and after July 1, 2001, a local school committee may make an emergency application of pesticide without prior notice under this section in the event of an immediate threat to human health, provided the board provides for notice, by any means practicable, on or before the day that the application is to take place, to any person who has requested prior notice under this section.
(f) On and after July 1, 2001, notice of any pesticide application at a school shall be given, by any means practicable, to the parents or guardians of any child enrolled at such school and to the staff of such school not later than one (1) week after such application. Such notice shall include: (1) the name of the active ingredient of the pesticide being applied; (2) the target pest; (3) the location of the application on the school property; (4) the date of the application; and (5) the name of the school administrator, or a designee, who may be contacted for further information. A copy of the record of each pesticide application at a school shall be maintained at the school for a period of five (5) years.
23-25-38. Pesticide applications and notification of pesticide applications at child care centers. - (a) On and after July 1, 2001, no application of pesticide may be made by any person other than a certified or licensed commercial applicator as defined in section 23-25-4 in any building or on the grounds of any child day care center, group/family day care home or family day care home, during regular business hours, except that an emergency application may be made to eliminate an immediate threat to human health if: (1) it is necessary to make the application during regular business hours; and (2) such emergency application does not involve a restricted use or state limited use pesticide. No child enrolled at such center or home may enter an area where pesticides have been applied until it is safe to do so according to the provisions on the pesticide label. For purposes of this section, emergency shall mean a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member. This section shall not apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobal agents, insecticidal gels, non-volatile insect or rodent bait in a tamper resistant container, insect repellants or the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR part 152.25.
(b) On and after July 1, 2001, notice of any pesticide application at any such center or home shall be given, by any means practicable, to the parents or guardians of any child enrolled at such center or home not later than one (1) week after such application. Such notice shall include: (1) the name of the active ingredient of the pesticide being applied; (2) the target pest; (3) the location of the application on the property; and (4) the date of the application.
SECTION 2. This act shall take effect on July 1, 2001.