Pesticide Use

Alaska

Last Updated: 1/1/2006

18 AAC 90.625 (2002) requires the use of non-chemical methods to control pests and a minimum of 24 hours notification to parents or guardians of children stating the description of the area of pesticide application, the date and approximate time of application, the name of each pesticide used, the targeted pests, each active ingredient in the pesticide, the EPA registration number, and a contact telephone number on the label and at the school. The code also requires an 8 ½ x 11 inch sign to be posted in the area of the school where the pesticide is to be applied before starting the application.


Alabama

Last Updated: 1/1/2006

No state policy.


Arkansas

Last Updated: 1/2/2006

No state policy.


Arizona

Last Updated: 3/4/2009

ARS 32-2307 (2002) requires schools to receive at least seventy-two hours notification from a certified pesticide applicator of the date and time application is to occur. Similarly, ARS 15-152 (2002) requires each school district in collaboration with the school staff, parents or guardians, a certified applicator, and a health professional to adopt a policy providing students and staff a minimum of forty-eight hours notice before applying pesticides onto school property. The policy also requires schools to adopt procedures for providing oral notification to pupils and employees during the regular school session, written notification to parents and guardians during the regular school session, and posting signs to identify pesticide application areas.


California

Last Updated: 4/4/2007

The Healthy Schools Act (2000) established the Department of Pesticide Regulation’s existing voluntary California School Integrated Pest Management (IPM) and added requirements for schools, such as parental notification of pesticide applications, warning signs, record-keeping at schools and pesticide use reporting by licensed pest control businesses that apply pesticides at schools (found in Education Codes 17608 through 17613).  Education Code 17610.1 (2006) specifically prohibits the use of new pesticides on a school site or pesticides granted conditional, interim or experimental registration by the Department of Pesticide Regulation. While meeting these requirements is the responsibility of individual school districts, the Department of Pesticide Regulations is committed to facilitating voluntary adoption of IPM policies and programs in schools throughout California, and assists school districts with their implementation of the Healthy Schools Act. More information may be found online at http://www.schoolipm.info/.


Colorado

Last Updated: 1/2/2006
No state policy.

Connecticut

Last Updated: 10/25/2011
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Statute Chapter 170, Section 10-231b prohibits the application of pesticides on the grounds of any public or private school with students in grade eight or lower. Until July 1, 2009, an application of a lawn care pesticide may be made on the playing fields and playgrounds of a public or private school with students in grade eight or lower pursuant to the model pest management program developed by the Commissioner of Environmental Protection.  Public Act 22a-54 (2003).This limitation shall not apply in the case of an emergency application of pesticide to eliminate an immediate threat to human health. Statute 07-168 (2007) restricts the application of pesticides within any building or on the grounds of any school to a pesticide applicator with supervisory certification or operational certification under section


Last Updated: 10/27/2011

Statutes Chapter 170, Section 10-231c (2000) and Chapter 170, Section 10-231d (2000) limits the application of pesticides in any building or grounds during school hours and requires notice to parents and staff on the board of education's policy on pesticide application including notice prior to pesticide application.


District of Columbia

Last Updated: 5/30/2013

Section 501 of the Healthy Students Act of 2010 establishes an environmental programs office in the Office of Public Education Facilities Modernization that shall establish an integrated pest management program. 


Delaware

Last Updated: 12/20/2008

No state policy. Pesticide use is a decision made by district school boards.


Florida

Last Updated: 4/23/2013

The State Requirements for Educational Facilities (2008) requires each board to establish policies for pest management in accordance with the Environmental Protection Agency’s Integrated Pest Management in Schools guidelines. The Florida Department of Agriculture and Consumer Services regulates the occupation of pest control pursuant to Chapters 482 and 487, Florida Statutes. Statute 482.111(1) (2007) requires individuals who engage in pest control work to obtain an operator’s certificate. Statute 487.0435 (2007) provides for the agency to issue certified applicator licenses in the following classifications: certified public applicator; certified private applicator; and certified commercial applicator.                                                 


Georgia

Last Updated: 8/6/2009

Code 20-2-587 (2003) requires each local school system to develop and implement an integrated pest management program for school buildings and school grounds approved by the Department of Agriculture, according to code 20-2-589 (2003).  Code 20-2-587 (2003) requires schools to maintain a school pesticide notification list. All individuals on the list must be notified at least 24 prior to an application. Code 20-20-588 (2003) prohibits applications of pesticides within a school building or on school grounds while students are present for normal academic instruction or extracurricular activities.or within seven hours prior to normal academic instruction or extracurricular activities. However, a local school may authorize an emergency pesticide application in cases where pests pose an immediate threat to the health and safety of students and staff. In case of an emergency application, schools are required by Code 20-2-587 (2003) to notify individuals on the school pesticide notification list within 24 hours after application.


Hawaii

Last Updated: 1/2/2006

No state policy.


Iowa

Last Updated: 8/6/2009

No state policy specifically regarding schools. However Administrative Code 21-45.50 requires pesticide applicators to post a notification within 24 hours of applying pesticides in urban areas in municipalities. This includes on school property.


Idaho

Last Updated: 1/9/2006
No state policy.

Illinois

Last Updated: 6/22/2009

105 ILCS 5/10-20.46 (2009) requires each school district to adopt a procedure to comply with the requirements of the Lawn Care Products Application and Notice Act and the Structural Pest Control Act105 ILCS 5/34-18.37 (2009) requires the Board of Education to adopt a procedure to comply with the requirements of the Lawn Care Products application and Notice Act and the Structural Pest Control Act. 415 ILCS 65/3 (2009) requires school districts to either (1) maintain a registry of parents and guardians of students who have registered to receive written or telephonic notification before the application of pesticides to school grounds and to notify persons on that list before having pesticides applied to school grounds, or (2) provide written or telephonic notification to all parents and guardians of students before pesticide application to school grounds. Written notification may be included in newsletters, bulletins, calendars or other correspondence by the school district, but posting on a bulletin board is not sufficient. Notification by telephone must be given at least 4 business days before application.

225 ILCS 235/10.2 (2004) requires each school to adopt an integrated pest management program that utilizes preventive techniques and appropriate uses of pesticides. Written notification to parents, guardians, and staff two days prior to pesticide application in school buildings is also required by 225 ILCS 235/10.3 (2004).


 


Indiana

Last Updated: 12/1/2010

No state policy specifically addressing schools. However, the Indiana Pesticide Review Board provides recommendations for schools, including a Model Pest Control in Indiana Schools Policy (2001).


Kansas

Last Updated: 1/16/2006
No state policy.

Kentucky

Last Updated: 5/22/2013

302 KAR 29:050, Section 12 (2002) requires each school district to implement an integrated pest management program which shall include at least 24-hour advance notification of pesticide use to all staff members, health professionals, and parents and guardians of children.


Louisiana

Last Updated: 1/16/2007

RS 3:3384 (1993) restricts the use of pesticides to a school building or on school grounds to hours only in which students will not be present for academics or extracurricular activities for at least 8 hours after the application. RS 3:3386 (1995) permits only individuals certified as a commercial applicator and trained in integrated pest management to apply or supervise the application of pesticides. An annual integrated pest management plan must be prepared by the governing authority of each school that applies integrated pest management strategies of pest prevention methods, according to RS 3:3388 (1995) and recommends the least toxic method in, on, or around school buildings and grounds per RS 3:3385 (1993).


Massachusetts

Last Updated: 11/22/2006

Chapter 85 of the Acts of 2000, Section 11 prohibits the spraying of pesticides indoor or outdoor on school property while children are present. Written notification must be given to school staff, student, and their parents or guardians at least two working days before pesticides are applied and must also be posted prior to the pesticide application in a common area. The act further requires each school to adopt and implement an integrated pest management plan that covers both indoor and outdoor areas.


Maryland

Last Updated: 9/15/2010

Code 5-208.1 (2000) requires the Department of Agriculture to develop uniform standards and criteria for implementing integrated pest management systems in schools, so county boards may develop and implement the system in its schools. This uniform standard must include procedures of notifying parents and guardians and school staff, as well as provisions of written notification on an 8 X 11 size paper that contains the name of the pesticide, where it was applied, and emergency contact information. Similarly, Regulation 15.05.02.03 (2000) requires each county board of education to develop an integrated pest management policy, establish procedures for conducting the program, document and keep records of procedures, and educate and train staff members, students, and parents or guardians in the procedures. Further the regulation requires notification of a parent or guardian of a student attending the school and to staff members prior to the application of the pesticides in a school building or on school grounds.


Maine

Last Updated: 3/24/2009

In Rule Chapter 27, Section 1 (2005) of the Standards for Pesticide Applications and Public Notification in Schools provided by the Board of Pesticide Control, all public and private schools are required to adopt and implement a policy applying integrated pest management techniques in school buildings and on school grounds. All schools are required to appoint an IPM Coordinator and provide the first 2 weeks of the school year notification to all school staff and parents of the IPM policy. Lastly, the signs are required to be posted indicated the area treated at least 2 days prior to application.


Michigan

Last Updated: 11/13/2006

The Natural Resource and Environmental Act 451 of 1994, Administrative Code 324.8325, requires the director of the Department of Natural Resources to create rules pertaining to the development of training programs for integrated pest management systems in schools according to section of. Prior notification of pesticide application at schools to parents and guardians of children in the beginning of each school year stating the approximate location and date of application is also required according to section 324.8316 (1995) of the Code.

In 2005, the State Board of Education adopted the Policy on the Management of Asthma in Schools that recommends schools to implement best practice policies that prevent indoor and outdoor air quality problems, which could include integrated pest management techniques and pesticide application notification.


Minnesota

Last Updated: 1/22/2006
Statute 121A.30 (2003) requires the school board to notify parents, students, and employees if a school chooses to adopt an integrated pest management plan and control for using the least toxic pesticides with the least exposure to persons when practicable.

Missouri

Last Updated: 1/22/2006

No state policy.


Mississippi

Last Updated: 5/27/2010

Code 41-79-31 (2010) requires the State Department of Education to require that local districts implement an integrated pest management program that includes procedural guidelines for pesticide application, education of building occupants and inspection and monitoring of pesticide applications. The integrated pest management program may limit the frequency, duration and volume of pesticide application on school grounds.


Montana

Last Updated: 9/16/2010

MCA 80-8-404 (1993) requires the department of agriculture to develop a model school integrated pest management safety program that includes information on pests, environmental concerns, and recommendations for protecting school children from exposure to pesticides and the potential acute and chronic health effects. Further, MCA 80-8-107 (1997) requires school building operators to post notices of pesticide application at each access to the room.


North Carolina

Last Updated: 10/23/2008

Statute 115C-45 (2006) requires local boards of education to adopt policies that address the use of pesticides in schools. These policies must include notification of the students' parents or guardians and school staff on the schedule of pesticide use on school property and their right to request notification.  Certain pesticide products (outlined in the statute) are exempt from notification.  In addition, the policies must require the use of Integrated Pest Management, as defined in the statute.  Study methods for mold and mildew prevention and mitigation and incorporate recommendations into the public school facilities guidelines as needed.

115C-12(34) (2006) requires the State Board of Education to establish guidelines for Integrated Pest Management consistent with the policy of The North Carolina School Boards Association.  It also requires the State Board to establish guidelines for notification of students' parents, guardians, or custodians as well as school staff of pesticide use on school grounds.


North Dakota

Last Updated: 1/30/2006

No state policy.


Nebraska

Last Updated: 1/25/2006

No state policy.


New Hampshire

Last Updated: 12/22/2011

Rule Pes 506.07 (1998) restricts the application of pesticides to hours when there is minimal outdoor activity in residential areas. Pesticide application cannot occur during the hours of the day when children are going to and from school or waiting for school buses or other means of transportation. Further, no application of pesticides shall be made in school buildings and any surrounding property. If pesticide treatment is postponed, the school shall be provided notification 48 hours in advance of the proposed date of treatment.


New Jersey

Last Updated: 7/28/2009

N.J.S.A. 13:1F-22b (2002) requires the superintendent of the school district to adopt and implement a school integrated pest management (IPM) policy for the school property consistent with the Pesticide Control Act of 1971. N.J.S.A. 13:1F-23 (2002) requires each local board or school district to designate an IPM coordinator to carry out the school IPM policy. N.J.S.A. 13:1F-25 (2002) requires a local school board or principal to provide notification at least 72 hours before the application of pesticides to the parent or guardian of each student enrolled at each school and the staff members of the school. N.J.S.A. 13:1F-26 (2002) further requires the local school board to post a sign that provides notice of pesticide application in a prominent place in or adjacent to the location to be treated and at each entrance to the building or school ground to be treated.


New Mexico

Last Updated: 12/30/2007

6.30.2.10 E(4) NMAC requires to districts to develop procedures for pest management for school facilities and grounds. The code specifies that pesticide application may not be done while students, staff or visitors are present or will be present within 6 hours and notification must be given either oral or written of anticipated pesticide application.


Nevada

Last Updated: 1/25/2006

No state policy.


New York

Last Updated: 5/20/2008

Education Law 409-h (2000) requires all schools to establish a pesticide notification procedure to provide information on applications in buildings and on school grounds. Also, at the beginning of each school year, schools must send a notice to all parents and staff which includes a statement that pesticide products may be used throughout the year, that schools are required to maintain a list of staff and parents who wish to receive notice 48-hours prior to pesticide applications, instructions on how to register for said list, the name of a school representative, and a contact number for further information.

Commissioner's Regulation 155.4 (1999) requires the establishment of a comprehensive maintenance plan, which must include provisions for a least-toxic approach to integrated pest management." Regulation 155.6 (1999) also requires School Facility Report Cards to include an assessment of the school's least toxic integrated pest management program.


Ohio

Last Updated: 8/24/2010

Code 901:5-11-15 (2010) allows pesticides to be applied in the school environment only if it is applied for either four hours or the minimum time specified by the label on the pesticide prior to the beginning of the school day, at a time after the school day has concluded, or when school is not in session. Signs must be placed at the entrances to the area where the pesticide is applied. Requirements for the signs are outlined in the statute, in addition to an acceptable list of pesticides and notification requirements. Schools must also develop a policy whereby parents or guardians, adult students, faculty and staff who are enrolled or employed at the school may request and receive prior notification of scheduled service applications by pesticide businesses. Exception is given for emergency applications to control organisims that pose an immediate health threat. Schools must also designate a school employee to serve as a contact person for pesticide applications made at school.


Oklahoma

Last Updated: 1/30/2006

No state policy.


Oregon

Last Updated: 1/30/2006

House Bill 3402 (2001) requires school districts to utilize the least toxic effective pest management method at school sites and provide staff and parents/guardians of students enrolled in the school written notification annually of all pesticides expected to applied at the school in the upcoming year. The school district is also required to post warning signs in each area of the school site where pesticides were applied.


Pennsylvania

Last Updated: 12/20/2006

24 P.S. §7-772.1 (2002) requires all PA schools to adopt Integrated Pest Management programs. Further, 24 P.S. §7-772.2 (2002) requires the notification of pesticide treatments in schools through the posting of signs and the provision of notices sent to every parent/guardian for students enrolled in the school.


Rhode Island

Last Updated: 2/13/2013

Section 25.0, Pesticide Applications and Notification of Pesticide Applications at Schools, of the Rules and Regulations for School Health (2009).

Statute 23-25-37 (2001) requires each local school committee to provide staff and parents of each child enrolled in each school a written statement of the committee's pesticide application policy on school property and a description of any applications made at the school during the previous school year. It also mandates that 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.


South Carolina

Last Updated: 2/18/2006

No state policy.


South Dakota

Last Updated: 2/18/2006

No state policy.


Tennessee

Last Updated: 2/18/2006

No state policy.


Texas

Last Updated: 10/1/2010

Occupational Code 1951.212 (2003) requires each school board to establish standards for an integrated pest management program for the use of the least toxic method of pesticides, herbicides, and other chemical agents applied in a school building or on school grounds when students are not expected to be present.

22 TAC 595.11 (2005) prohibits pesticide applications within a school building if the application will expose students to unacceptable levels of pesticides. Exceptions are made for certain products on the “Green List” if students are not present in a classroom at the time of the treatment. Additional guidance is provided for application of other “Green List,” “Yellow List” and “Red List” in the school environment. Product categories are outlined in the statue. Pesticide applications may not be made to outdoor school grounds if the application will expose students to physical drift of pesticide spray particles or unacceptable levels of pesticides.

The statute requires each school district to develop a written pest management policy for all structural pest control activities conducted on school property based on the most current Texas Structural Pest Control Integrated Pest Management (IPM) document. The IPM policy must be adopted by the school board and be based on generally accepted tenets of integrated pest management listed in the statute, as defined by the Environmental Protection Agency. Each school district must designate an IPM Coordinator(s) that is assigned with implementing the school district's IPM policy. The district is responsible for the IPM Coordinator(s) compliance with Texas Structural Pest Control Board regulations and school district policy. The person(s) so designated must attend a Texas Structural Pest Control Board approved IPM Coordinator(s) training course within twelve (12) months of designation as IPM Coordinator. Responsibilities of the IPM coordinator are outlined in the statute. Each school district is also required to employ or contract with a certified applicator. Responsibilities of the applicator are outlined in the statute.


Utah

Last Updated: 2/18/2006

No state policy.


Virginia

Last Updated: 2/18/2006

No state policy.


Vermont

Last Updated: 2/18/2006

Act 125 (2000) requires the commissions of buildings and general services, education, and health to develop a model school environmental health policy that includes an annual health audit of school buildings and grounds reported to the commissioner, the establishment of a school environmental health plan to resolve indoor air quality problems, and the implementation of an integrated pest management with information about least-toxic and nontoxic materials and control plan.


Washington

Last Updated: 8/5/2009

RCW 17.21.415 (2009) requires public schools to establish a notification system that, as a minimum, notifies interested parents or guardians of students and employees at least 48 hours before a pesticide application to a school facility. Requirements for the notification are outlined in the statute.
 


Wisconsin

Last Updated: 3/26/2013

Statute 94.715 (2001) requires local school boards to authorize pesticide applications to be conducted in a school or on school grounds by one who is certified. The statute also requires the posting of notifications of the application of pesticides in a school or on school grounds for at least 72 hours after the application.

Standard 121.02  requires districts to provide safe and healthful facilities. Air quality, ventilation, use of pesticides and chemicals, mold prevention, as well as bullying, are issues that come under the umbrella of this requirement.


West Virginia

Last Updated: 3/14/2012

Department of Agriculture Legislative Rule 61-12J-4 (1996) requires all schools to develop and maintain an integrated pest management program containing a policy statement, pest management objectives, education of the building occupants, inspection activities, monitoring activities, and an evaluation of the integrated pest management strategies practice.


Wyoming

Last Updated: 2/4/2009

Statute 35-7-375 mandates notification of pesticide use on school/district property.


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