CHAPTER 25.4
RHODE ISLAND SCHOOL PEST MANAGEMENT ACT

(1) in 1992, the National Parent Teacher Association passed a resolution calling for the reduced use of pesticides in schools and calling on policymakers to consider all possible alternatives before using pesticides;

(2) the National Education Association and numerous other national public interest organizations have announced support for reducing or eliminating pesticide use in schools;

(3) childhood cancer is continuing to increase at the alarming rate of one percent (1%) per year;

(4) approximately four million eight hundred thousand (4,800,000) children in the United States under the age of eighteen (18) have asthma, the most common chronic illness in children, and the incident of asthma is on the rise;

(5) children are more susceptible to hazardous impacts from pesticides than are adults;

(6) the U.S. environmental protection agency has recommended the use of an integrated pest management system by school districts, which emphasizes nonchemical approaches to pest control, such as sanitation and maintenance;

(7) an integrated pest management system provides long-term health and economic benefits;

(8) the people of Rhode Island have a fundamental right to know about the use of pesticides;

(9) pesticides contain toxic substances, many of which may have a detrimental effect on human health and the environment and, in particular, have developmental effects on children;

(10) citizens of Rhode Island are being denied their right to know and their ability to make informed decisions about the level of pesticide exposure to them and their children; and

(11) compiled information regarding pesticide use in the state is not maintained in a manner which is useful to the public, thereby making it difficult to assess and address the potential health and environmental impact of pesticide use in Rhode Island.

(b) The policy goals of this chapter are to:

(1) prevent unnecessary exposure of children to chemical pesticides and provide the healthiest learning environment, playgrounds, and playfields possible;

(2) promote safer alternatives to pesticides while preventing economic and health damage caused by pests;

(3) ensure that clear and accurate notification concerning the use of pesticides in schools, day care centers and school age child care programs be made available so that measures may be taken to prevent and address pest problems effectively without endangering children or adults; and

(4) implement the use of integrated pest management techniques to reduce the need for reliance on chemical pesticides.

(1) "Anti-microbial pesticide" means a pesticide that is used for the control of microbial pests, including, but not limited to, viruses, bacteria, algae and protozoa, and is intended to disinfect, sanitize, reduce or mitigate growth or development of microbiological organisms. Anti-microbial pesticides shall not include any fungicide or pesticide used on plants, turf or other vegetation or for ornamental uses.

(2) "Contact person" means an individual knowledgeable about integrated pest management systems and designated by a local educational agency of a school district to act under section 23-25.4-7 of this chapter.

(3) "Crack and crevice treatment" means the application of small quantities of a pesticide in a building into openings such as those commonly found at expansion joints, between levels of construction, and between equipment and floors.

(4) "Day care center" means any public or private facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool, or known under any other name, which receives children not of common parentage who are not more than six (6) years of age, or who are not more than twenty-one (21) years of age if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents.

(5) "Emergency" means an urgent need to mitigate or eliminate a pest that threatens the health or safety of a student or staff member.

(6) "Integrated pest management" means a managed pest control program that eliminates or mitigates economic and health damage caused by pests, minimizes the use of pesticides and the risk to human health and the environment associated with pesticide applications, and uses:

(a) integrated methods;

(b) site or pest inspections;

(c) pest population monitoring;

(d) an evaluation of the need for pest control; and

(e) one or more pest control methods, including sanitation, structural repairs, mechanical and living biological controls, other nonchemical methods, and, if nontoxic options are unreasonable and have been exhausted, the least toxic pesticide.

(7) "Least toxic pesticide" means a boric acid and disodium octoborate tetrahydrate; silica gels; diatomaceous earth; nonvolatile insect and rodent baits in tamper resistant containers or for crack and crevice treatment only; microbe-based pesticides; pesticides made with essential oils (not including synthetic pyrethroids) without toxic synergists; and materials for which the inert ingredients are nontoxic and disclosed. Least toxic pesticide does not include a pesticide that: is determined by the U.S. environmental protection agency as a probable, likely, or known carcinogen or endocrine disrupter; is a mutagen, reproductive toxin, developmental neurotoxin, or immune system toxin; is classified by the U.S. environmental protection agency as a toxicity I or II pesticide; is in the organophosphate or carbamate chemical family; or contains inert ingredients categorized as "List 1: Inerts of Toxicological Concern." Least toxic pesticide does not include any application of pesticide using a broadcast spray, dust, tenting, fogging or baseboard spray application.

(8) "Pesticide" means any substance or mixture of substances, including herbicides and bait stations, intended for preventing, destroying, repelling, or mitigating any pest; use as a plant regulator, defoliants, or desiccant; or use as a spray adjuvant such as a wetting agent or adhesive. Pesticide does not include: an anti-microbial agent, such as a disinfectant, sanitizer or deodorizer, used for cleaning purposes.

(9) "School" means any public or private school for preschool, elementary or secondary school students, and for the purposes of this chapter shall also include day care centers and school age child care programs.

(10) "School age child care program" means any public or private program or facility operated on a regular basis which provides supervised group care for children not of common parentage who are enrolled in kindergarten and are of sufficient age to enter first grade the following year, or an older child who is not more than fourteen (14) years of age or not more than twenty-one (21) years of age if such child has special needs. Such a program may operate before and after school and may also operate during school vacation and holidays.

(11) "School grounds" means the area outside of the school buildings controlled, managed or owned by the school or school district and includes a lawn, playground, sports field and any other property or facility controlled, managed or owned by a school.

(12) "Space spraying" means application of a pesticide by discharge into the air throughout an inside area and includes the application of a pesticide using a broadcast spray, dust, tenting, or fogging. Space spraying does not include crack and crevice treatment.

(13) "Staff member" means an employee of a school system and includes administrators, teachers and other support personnel. Staff member does not include: a registered employee or applicator certified by the department; or a person assisting in the application of a pesticide.

(14) "Universal notification" means written notice by a school or school district to all parents and guardians of children attending the school, and staff members of the school.

(b) The requirements of this chapter apply to school buildings and school grounds, including any public or private school for preschool, elementary or secondary school students, day care centers and school age child care programs.

(c) This chapter shall apply to any person that applies a pesticide in a school or on a school ground, including a custodian, staff member or commercial applicator.

(d) This chapter shall apply to a school during the school year and during holidays and the summer months, if the school is in use, with notice provided to all staff members and the parents or guardians of the students that are using the school in an authorized manner.

(1) the common name, trade name, and U.S. environmental protection agency registration number of the pesticide;

(2) a description of the location of the application of the pesticide;

(3) a description of the date and time of application, except that, in the case of outdoor pesticide applications, each notice shall include three (3) dates, in chronological order, that the outdoor pesticide applications may take place if the preceding date is canceled;

(4) the statement that "The Office of Pesticide Programs of the U.S. environmental protection agency has stated: 'Where possible, persons who potentially are sensitive, such as pregnant women and infants (less than two (2) years old), should avoid any unnecessary pesticide exposure'";

(5) a description of potential adverse effects of the pesticide based on the material safety data sheet of the pesticide;

(6) a description of the reasons for the application of the pesticide;

(7) the name and telephone number of the contact person of the school district; and

(8) any additional warning information related to the pesticide.

(b) The school or school district may provide the notice required by subsection (a) by:

(1) written notice sent home with the student and provided to the staff member;

(2) a telephone call;

(3) direct contact; or

(4) written notice mailed at least one (1) week before the application.

(c) If the date of the application of the pesticide needs to be extended beyond the period required for notice under this section, the school or school district shall reissue the notice under this section for the new date of application.

(d) Posted notification signs.

(1) At least seventy-two (72) hours before a pesticide, other than a least toxic pesticide is used by a school, the school or school district shall post a sign that provides notice of the application of the pesticide:

(a) in a prominent place that is in or adjacent to the location to be treated; and

(b) at each entrance to the building or school ground to be treated.

(2) A sign shall be posted as required under subsection (d)(1) for the application of a pesticide shall:

(i) remain posted for at least seventy-two (72) hours after the end of the treatment;

(ii) be of uniform design with a symbol people who cannot read can understand; and

(iii) state the same information as that required for universal notification of the application under subsection (a).

(e) Sign dimensions.

(1) If an application is made on school grounds the dimensions of each sign shall be at least sixteen (16) inches by twenty (20) inches.

(2) If an application is made in a school building, the dimensions of each sign shall be at least eight and one-half (8 1/2) inches by eleven (11) inches.

(f) In the case of outdoor pesticide applications, each sign shall include three (3) dates, in chronological order, that the outdoor pesticide application may take place if the preceding date is cancelled due to weather.

(b) not later than the earlier of the time that is twenty-four (24) hours after a school applies a pesticide under this section or on the morning of the next school day, the school or school district shall provide to each parent or guardian of student enrolled at the school, and staff member of the school, notice of the application of the pesticide for emergency pest control that includes:

(1) the information required for a notice under section 23-25.4-9 of this chapter;

(2) a description of the problem and the factors that qualified the problem as an emergency that threatened the health or safety of a student or staff member; and

(3) a description of the steps the school will take in the future to avoid emergency application of a pesticide under this section.

(c) A school applying a pesticide under this section shall post a sign warning of the pesticide application at the time of the pesticide application and in accordance with section 23-25.4-9.

(d) If a school applies a pesticide under this section, the local educational agency of a school district shall modify the integrated pest management plan of the school district to minimize the future applications of pesticides under this section.

(e) A record of the emergency pesticide use, including the identification of the cause and the actions taken to address it, shall be maintained as a part of the records required under section 23-25.4-12 of this chapter.

(b) Pesticides shall only be used on the outdoor property of a school when children are not located in, on, or adjacent to the area of the pesticide application, except for those pesticides defined as least toxic pesticides.

(c) Pesticides that are in the organophosphate or carbamate family shall not be used in school buildings or on school grounds.

(d) Pesticides that contain inert ingredients appearing on U.S. environmental protection agency's "List 1: Inerts of Toxicological Concern" shall not be applied in school buildings or on school grounds.

(e) Pesticides shall not be used for purely aesthetic purposes only.

(f) U.S. EPA acute toxicity category I and II pesticides shall not be used in school buildings or on school grounds.

(g) Pesticides identified by the state as chemicals known to cause cancer, developmental or reproductive toxicity pursuant of shall not be used in school buildings or on school grounds.

(h) Pesticides, other than least toxic pesticides, shall not be used when a school or school ground is occupied or in use or will be during the twenty-four (24) hour period beginning at the end of the treatment.

(i) A local educational agency or school may use a pesticide during a school year only if the use of the pesticide has been disclosed in the notice required under section 6 at the beginning of the school year.

(b) The record shall be completed on the day of the pesticide application, and shall include, but not limited to:

(1) the purpose for the desired application(s);

(2) the date and time of the application;

(3) the application area;

(4) the brand name and ingredients (active ingredients) of the pesticide product and the name of the pesticide manufacturer and the federal EPA registration number;

(5) quantity used of the pesticide and method of application;

(6) least toxic and non-chemical alternative methods or treatments available to accomplish the desired objectives and the reasons why the application of the proposed pesticide was chosen;

(7) the possible adverse effects to humans as stated on the label or material safety data sheet; and

(8) the name of the individual who applied the pesticide.

(b) The notice of the meeting shall be included in the universal notification required at the start of each school year under section 23-25.4-8 of this chapter.

(a) identify sources of pesticides that drift from treated land to school grounds of the educational agency; and

(b) take steps necessary to create an indoor and outdoor school environment that are protected from pesticides described in section 4 which may include establishing buffer zones in a two (2) mile radius around the school's property during commuting times and while students and school employees may be on school grounds.

(b) Prior to the assessment of the penalty, said department shall provide written notice and an opportunity to correct the violation within ninety (90) days of the issuance of the notice of violation. This penalty shall be assessed in addition to any other civil penalty otherwise provided for by law. Notice of assessment of a penalty pursuant to this section shall be made by service in hand, or by certified mail, return receipt requested, and shall state the amount of the administrative penalty, the date the penalty shall be due, a statement of the violator's right to an adjudicatory hearing regarding the assessment, a statement of the actions the person may take in order to avoid the assessment of the penalty or to avoid waiving the right to a hearing relative to the penalty, and the manner of acceptable payment if an election to waive a hearing is made.

(c) A person shall be deemed to have waived all right to an adjudicatory hearing unless, within twenty-one (21) days of the date of the department's notice, the person files a written notice, by hand or by certified mail, return receipt requested, requesting such adjudicatory hearing. In the event that such request is not received in accordance with this section, the proposed administrative penalty shall become final and payment shall be due in accordance with the notice.

(b) There shall be credited to the fund any penalties collected for violations of this chapter, and any income derived from the investment of amounts credited to the fund.

(c) Amounts credited to the fund shall be used, subject to appropriation, for the implementation and enforcement of this chapter to carry out education, training, propagation, and development activities under integrated pest management systems of schools in Rhode Island to remedy the harmful effects of actions taken by the persons that paid the civil penalties.

(a) is assisting or demonstrating an intent to assist in achieving compliance with this section (including any regulation);

(b) is refusing to violate or assist in the violation of this section (including any regulation); or

(c) has commenced, caused to be commenced, or is about to commence a proceeding, has testified or is about to testify at a proceeding, or has assisted or participated or is about to participate in any manner in such a proceeding or in any other action to carry out this section.