§ 23-25-37 - Pesticide applications and notification of pesticide applications at schools.
SECTION 23-25-37
§ 23-25-37 Pesticide applications andnotification of pesticide applications at schools. – (a) The department of environmental management and the department of healthshall develop regulations as follows: (1) to restrict the use of hazardouspesticides in schools, pre-schools and child care centers in Rhode Island; (2)for the promotion and implementation of integrated pest management (IPM) asdefined in § 23-25.2-2; (3) to cover situations where an emergencyapplication of pesticide must be conducted to eliminate an immediate threat tohuman health, and establish reporting requirements for these emergencyapplications.
(b) On and after July 1, 2001, no person other than alicensed or certified commercial applicator as defined in § 23-25-4, shallapply pesticide within any building or on the grounds of any school. Thissection shall not apply in the case of an emergency application of pesticide toeliminate an immediate threat to human health, where it is impractical toobtain the services of any such applicator; provided the emergency applicationdoes not involve a restricted use or state limited use pesticide. For purposesof this section, "emergency" means a sudden need to mitigate or eliminate apest which threatens the health or safety of a student or staff member.
(c) On and after July 1, 2002, at the beginning of eachschool year, each local school authority shall provide the staff of each schooland the parents or guardians of each child enrolled in each school with awritten statement of the committee's policy on pesticide application on schoolproperty and a description of any pesticide applications made at the schoolduring the previous school year.
(2) The statement and description shall be provided to theparents or guardians of any child who transfers to a school during the schoolyear. The statement shall: (i) indicate that the staff, parents, or guardiansmay register for prior notice of pesticide applications at the school; and (ii)describe the emergency notification procedures provided for in this section.Notice of any modification to the pesticide application policy shall be sent toany person who registers for notice under this section.
(d) On and after July 1, 2002, parents or guardians ofchildren in any school and school staff may register for prior notice ofpesticide application at their school. Each school shall maintain a registry ofpersons requesting the notice. Prior to providing for any application ofpesticide within any building or on the grounds of any school, the local schoolauthority shall provide for the distribution of notice to parents and guardianswho have registered for prior notice under this section, such that the noticeis received no later than twenty-four (24) hours prior to the application.Notice shall be given by any means practicable to school staff who haveregistered for the notice. Notice under this subsection shall include: (1) thecommon or trade name and the name of the active ingredient; (2) the EPAregistration number as listed on the pesticide label; (3) the target pest; (4)the exact location of the application on the school property; (5) the date ofthe application; and (6) the name of the school administrator, or a designee,who may be contacted for further information.
(e) On and after July 1, 2003, no application of pesticidemay be made in any building or on the grounds of any school during regularschool hours or during planned activities at any school. No child shall enteran area where the application has been made until it is safe to do so accordingto the provisions on the pesticide label. This section shall not apply to theuse of germicides, disinfectants, sanitizers, deodorizers, antimicrobal agents,insecticidal gels, non-volatile insect or rodent bait in a tamper resistantcontainer, insect repellants or the application of a pesticide classified bythe United States Environmental Protection Agency as an exempt material under40 CFR 152.25.
(f) On and after July 1, 2002, a local school authority maymake an emergency application of pesticide without prior notice under thissection in the event of an immediate threat to human health, provided the boardprovides for notice, by any means practicable, on or before the day that theapplication is to take place, to any person who has requested prior noticeunder this section.
(g) On and after July 1, 2002, notice of any pesticideapplication at a school shall be given, by any means practicable, to theparents or guardians of any child enrolled at the school and to the staff ofthe school not later than one week after the application. The notice shallinclude: (1) the common or trade name and the name of the active ingredient;(2) the EPA registration number as listed on the pesticide label; (3) thetarget pest; (4) the exact location of the application on the school property;(5) the date of the application; and (6) the name of the school administrator,or a designee, who may be contacted for further information. A copy of therecord of each pesticide application at a school shall be maintained at theschool for a period of five (5) years.
(h) Not later than July 1, 2002, the department ofenvironmental management and the department of health shall jointly establish atask force which shall specifically address methods to promote public educationand professional training about pesticides, their potential health effects andIPM least toxic alternatives, and for evaluation and analysis of current pestcontrol practices at school and child care facilities.