PRIOR PRINTER'S NO. 1251 PRINTER'S NO. 2701
No. 1105 Session of 1997
INTRODUCED BY RUBLEY, SURRA, DENT, BAKER, READSHAW, DERMODY,
GLADECK, CORPORA, ARGALL, L. I. COHEN, BOSCOLA, BROWNE,
COWELL, REBER, SAYLOR, MICHLOVIC, GIGLIOTTI, STEELMAN,
GRUPPO, GEORGE, CLARK, YOUNGBLOOD, LAUGHLIN, NAILOR,
COLAIZZO, HENNESSEY, MAYERNIK, BEBKO-JONES, TULLI, TRELLO,
M. N. WRIGHT, DALEY, SANTONI, STETLER, MELIO, BELARDI,
HALUSKA, HERMAN, MARSICO, KAISER, STURLA, ALLEN, SCRIMENTI,
PISTELLA, WALKO, GODSHALL, JOSEPHS, FAIRCHILD, SHANER,
ROEBUCK, ROONEY, TANGRETTI, VITALI, MUNDY, STEIL, FICHTER,
TRAVAGLIO, ROBINSON, BARD, COY, CIVERA, McCALL, EGOLF, LYNCH,
KENNEY, E. Z. TAYLOR, CASORIO, EACHUS, BATTISTO, MYERS,
HORSEY, ADOLPH, C. WILLIAMS, ITKIN, PLATTS, RAYMOND, STABACK,
VEON, MILLER, STAIRS, LEVDANSKY, PETRONE, MANDERINO, DeLUCA,
VAN HORNE, WOJNAROSKI, M. COHEN, BENNINGHOFF, CORNELL, CURRY,
SCHRODER, PETRARCA, CAPPABIANCA, RAMOS, STEVENSON, THOMAS,
JAMES AND FLICK, APRIL 2, 1997
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 10, 1997
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for advance notification of
6 pesticide application within schools, school grounds,
7 athletic fields and playgrounds.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
11 as the Public School Code of 1949, is amended by adding a
12 section to read:
13 Section 772.1. Notification of Pesticide Treatments at
1 Schools.--(a) For an indoor pesticide treatment at a school
2 building, the certified applicator or pesticide application
3 technician shall supply the pest control information sheet and a
4 pest control sign, which shall be at least eight and one-half by
5 eleven (8 1/2 by 11) inches in size, to the chief administrator
6 or building manager. The chief administrator or building manager
7 shall be responsible for all of the following:
8 (1) Posting the sign in an area of common access that the
9 individuals are likely to check on a regular basis at least
10 seventy-two (72) hours before and for at least two (2) days
11 following each planned treatment.
12 (2) Providing the information sheet to every individual
13 working in the building at least seventy-two (72) hours before
14 each planned treatment.
15 (3) Providing notice in writing to the parents or guardians
16 of the students enrolled in that school at least seventy-two
17 (72) hours before each planned treatment. The notice shall
18 include the name, address and telephone number of the applicator
19 applying the treatment, day of treatment and the pesticide
20 utilized. The notice may be included in normal school
21 communications to parents or guardians and need not be mailed
22 separately to parents or guardians.
23 (b) For an outdoor treatment to be applied anywhere on the
24 school grounds, including, but not limited to, athletic fields
25 or playgrounds, the certified applicator or technician shall
26 supply the pest control information sheet and a pest control
27 sign, which shall be at least eight and one-half by eleven (8
28 1/2 by 11) inches in size, to the chief administrator or grounds
29 manager. The pest control sign shall be posted at the field or
30 playground to be treated at least seventy-two (72) hours before
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1 and for two (2) days after the planned treatment.
2 (c) Personnel at a school with an athletic field or a
3 playground to be treated with a pesticide are required to notify
4 in writing the parents or guardians of the children attending
5 the school at the time the child is registered of the following:
6 (1) The school periodically applies pesticides indoors and
7 on school grounds.
8 (2) Information on the application of pesticides is
9 available at the request of the parents or guardians.
10 (d) The Secretary STATE BOARD of Education shall establish <--
11 by regulation procedures for emergency pesticide applications
12 for which the required notification in subsections (a) and (b)
13 shall be waived. The regulations shall include the following:
14 (1) Emergency pesticide applications shall be allowed only
15 in the event of an immediate threat to the health and safety of
16 students and employes.
17 (2) Before any emergency application, students and employes
18 shall vacate the portion of the building or grounds to be
19 treated and shall not be allowed to return to that portion of
20 the building or grounds for at least twenty-four (24) hours
21 following the application.
22 (3) School officials shall notify by telephone any parents
23 or guardians who have requested such notification. Schools shall
24 advise parents of their right to request notification of
25 emergency pesticide use on an annual basis and explain
26 procedures for requesting such notification.
27 (e) Each school district and private elementary or secondary
28 school shall maintain detailed records of all chemical pest
29 control treatments for a period of at least seven (7) years so
30 that chronic health problems suffered by school personnel and
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1 students can be monitored.
2 (f) The board of school directors of each public school
3 district and the governing boards of private schools shall, on
4 or before September 1, 1998, adopt an integrated pest management
5 plan that incorporates the standards developed by the Secretary
6 of Education and the Secretary of Agriculture.
7 (g) The Secretary of Education and the Secretary of
8 Agriculture, with the assistance of the board, shall develop and
9 adopt standards for the integrated pest management plan no later
10 than March 1, 1998. The Secretary of Education and the Secretary
11 of Agriculture shall also prepare model integrated pest
12 management plans and sample materials for use by schools in
13 developing and adopting their integrated pest management plans.
14 In developing standards for the integrated pest management plan,
15 the board shall consult with a person who is knowledgeable in
16 the area of integrated pest management in schools. The standards
17 shall include the following:
18 (1) A requirement that the least toxic methods available to
19 control pests, rodents, insects and weeds be used.
20 (2) A hierarchy of treatments that schools shall use in
21 controlling pests, rodents, insects and weeds.
22 (3) A uniform pest control sign to be utilized in school
23 buildings which meets the requirements of this section.
24 (h) (1) The Secretary of Education shall require that a
25 pesticide may be applied in a school building only during
26 periods in which students are not expected to use the building
27 for normal academic instruction or organized extracurricular
28 activities for at least twenty-four (24) hours following the
29 application.
30 (2) The Secretary of Education shall also require that a
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1 pesticide may be applied on school grounds only during periods
2 in which students are not expected to use the treated portion of
3 the grounds for normal academic instruction or organized
4 extracurricular activities for at least twenty-four (24) hours
5 following the application. This secretary THE STATE BOARD OF <--
6 EDUCATION shall establish by regulation standards for pesticide
7 application on school grounds, including, but not limited to,
8 the buffer areas around the treated portion of the grounds in
9 which students will not be permitted for twenty-four (24) hours
10 after application.
11 (3) If a portion of a building having a separate ventilation
12 system which is separated from the remainder of the building by
13 smoke or fire doors is treated with a pesticide, the twenty-four
14 (24)-hour waiting period established in clause (1) shall apply
15 only for the treated portion of the building. Students shall not
16 be present for normal academic instruction or organized
17 extracurricular activities for at least twelve (12) hours in the
18 untreated portion of the building. Access to the treated portion
19 of the building, plus a buffer zone as prescribed by the
20 Department of Education, shall be restricted for twenty-four
21 (24) hours. In all such applications, the school district shall
22 make every effort to prevent the pesticide from migrating into
23 the untreated portion of the building, including sealing doors
24 and windows from the treated portion of the building.
25 (4) Under no circumstances shall pesticides be applied in a
26 school building or on school grounds when students are present
27 in the school building or on school grounds for normal academic
28 instruction or organized extracurricular activities, except as
29 provided in subsection (d).
30 (5) The Secretary STATE BOARD of Education shall promulgate <--
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1 regulations which establish procedures for pesticide
2 applications in school buildings and on school grounds of
3 schools in which students are in residence.
4 (i) (1) Disinfectant and antimicrobial products shall be
5 exempted from the notification and recordkeeping requirements of
6 subsections (a) and (e) and the restrictions on application in
7 subsection (h).
8 (2) Application of self-contained bait packages placed in
9 areas not accessible to students shall be exempted from the
10 notification and restriction on application requirements of
11 subsections (a) and (h).
12 (j) The Commonwealth shall reimburse a school district for
13 increased costs associated with the implementation of this act
14 if the school district can demonstrate that the act has
15 increased total pest control costs for the district, after
16 adjusting for savings from reduced pesticide use. Costs for
17 building and grounds maintenance are not eligible for
18 reimbursement. Costs for first class mailings of notices to
19 parents are not eligible for reimbursement unless a district can
20 demonstrate a compelling need to use other than normal school
21 communications to notify parents in a timely fashion. The
22 secretary shall establish standards by regulation which will
23 specify reasonable costs eligible for reimbursement, a schedule
24 for submission of reimbursement requests by school districts and
25 procedures for review and verification of reimbursement
26 requests.
27 (k) The following words and phrases when used in this
28 section shall have the meanings given to them in this subsection
29 unless the context clearly indicates otherwise:
30 "Applicator." A certified applicator, private applicator,
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1 commercial applicator or public applicator.
2 "Board." The Pesticide Advisory Board of the Department of
3 Agriculture of the Commonwealth.
4 "Certified applicator." An individual who is certified under
5 section 16.1, 17 or 17.1 of the act of March 1, 1974 (P.L.90,
6 No.24), known as the "Pennsylvania Pesticide Control Act of
7 1973," as competent to use or supervise the use or application
8 of any pesticide.
9 "Commercial applicator." A certified applicator, whether or
10 not he is a private applicator with respect to some uses, who
11 uses or supervises the use of any pesticide on the property or
12 premises of another or on easements granted under State law, or
13 any applicator who uses or supervises the use of any restricted-
14 use pesticide on property owned or rented by him or his
15 employer, when not for purposes of producing an agricultural
16 product. The Secretary of Agriculture may by regulation deem
17 certain types of applicators using any pesticide on their own
18 property or that of their employer as commercial applicators.
19 "Department." The Department of Education of the
20 Commonwealth.
21 "Indoor pesticide treatment." A pesticide treatment that
22 includes an outside perimeter treatment of the building if the
23 primary purpose of the treatment is to treat the inside of the
24 building. The Secretary STATE BOARD of Education shall define a <--
25 perimeter treatment by regulation and shall adopt the
26 definitions provided in Federal law.
27 "Insect." Any of the numerous small invertebrate animals
28 generally having a more or less obviously segmented body, for
29 the most part belonging to the class Insecta, comprising six-
30 legged, usually winged forms, as, for example, beetles, bugs,
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1 bees and flies, and to other allied classes of arthropods whose
2 members are wingless and usually have more than six legs, as,
3 for example, spiders, mites, ticks, centipedes and wood lice.
4 "Integrated pest management plan." A decision-making process
5 which includes inspection and pest identification, monitoring of
6 pest and beneficial insect populations and recordkeeping of
7 same, injury-level assessment to determine when treatment is
8 needed, treatment selection and application with pest prevention
9 methods, such as habitat modification and sanitation measures,
10 and nontoxic controls being the primary selections, and
11 evaluation of results.
12 "License." Written permission issued by the Department of
13 Agriculture to a business or person as authorized under the act
14 of March 1, 1974 (P.L.90, No.24), known as the "Pennsylvania
15 Pesticide Control Act of 1973."
16 "Nematode." Invertebrate animals of the phylum
17 Nemathelminthes and class Nematoda, that is, unsegmented round
18 worms with elongated, fusiform or sac-like bodies covered with
19 cuticle and inhabiting soil, water, plants or plant parts also
20 called nemas or eelworms.
21 "Outdoor pesticide treatment." An outdoor pesticide
22 treatment that is applied anywhere on the school grounds,
23 including, but not limited to, athletic fields or playgrounds.
24 "Person." An individual, partnership, association,
25 corporation or any organized group of persons, whether
26 incorporated or not.
27 "Pest." An insect, rodent, nematode, fungus, weed or other
28 form of terrestrial or aquatic plant or animal life or virus,
29 bacteria or other micro-organism, except viruses, bacteria or
30 other micro-organisms on or in living man or other living
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1 animals, declared to be a pest under section 25(c)(1) of the
2 Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.
3 163, 7 U.S.C. § 136 et seq.).
4 "Pest control information sheet." A document which contains
5 the date of treatment, the name, address and telephone number of
6 the applicator, the pesticide utilized and any other information
7 that is required by the Secretary of Education.
8 "Pesticide." A substance or mixture of substances intended
9 for preventing, destroying, repelling or mitigating any pest and
10 a substance or mixture of substances intended for use as a plant
11 regulator, defoliant or desiccant.
12 "Pesticide application technician." An individual employed
13 by a commercial applicator or governmental agency who, having
14 met the competency requirements as set forth in the act of March
15 1, 1974 (P.L.90, No.24), known as the "Pennsylvania Pesticide
16 Control Act of 1973," is registered by the Secretary of
17 Agriculture to apply any pesticides under the direct supervision
18 of a certified applicator.
19 "Private applicator." A certified applicator who uses or
20 supervises the use of any pesticide which is classified for
21 restricted use for purposes of producing any agricultural
22 commodity on property owned or rented by him or his employer or,
23 if applied without compensation other than trading of personal
24 services between producers of agricultural commodities, on the
25 property of another person.
26 "Public applicator." A certified applicator who applies
27 pesticides as an employe of the Commonwealth or its
28 instrumentalities or any local agency.
29 "School." A public or private elementary or secondary school
30 wherein a resident of this Commonwealth may fulfill the
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1 compulsory school attendance requirements and which meets the
2 applicable requirements of Title IV of the Civil Rights Act of
3 1964 (Public Law 88-352, 78 Stat. 241). The term also includes a
4 kindergarten program operated by a school.
5 "Secretary." The Secretary of Education of the Commonwealth.
6 Section 2. This act shall take effect in 60 days.
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