HOUSE AMENDED
        PRIOR PRINTER'S NOS. 761, 1405, 1787          PRINTER'S NO. 1860

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 705 Session of 2001


        INTRODUCED BY GREENLEAF, STOUT, BELL, BOSCOLA, CONTI, COSTA,
           DENT, GERLACH, HOLL, HUGHES, KASUNIC, KITCHEN, KUKOVICH,
           LAVALLE, LOGAN, SCHWARTZ, STACK, TARTAGLIONE, TILGHMAN,
           TOMLINSON, WAGNER AND C. WILLIAMS, MARCH 23, 2001

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 8, 2002

                                     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 integrated pest
     6     management programs in schools.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  The act of March 10, 1949 (P.L.30, No.14), known
    10  as the Public School Code of 1949, is amended by adding a
    11  section to read:
    12     Section 772.1.  Integrated Pest Management Programs.--(a)      <--
    13  The following apply to pesticide applicators:
    14     (1)  For a pesticide treatment at a school building, the
    15  certified applicator or pesticide application technician shall
    16  supply the pest control information sheet and a pest control
    17  sign, which must be at least eight and one-half by eleven (8 1/2
    18  by 11) inches in size, to the chief administrator or building

     1  manager.
     2     (2)  For a pesticide treatment on school grounds, including
     3  athletic fields and playgrounds, the certified applicator or
     4  pesticide application technician shall supply the pest control
     5  information sheet and a pest control sign, which must be at
     6  least eight and one-half by eleven (8 1/2 by 11) inches in size,
     7  to the chief administrator or grounds manager.
     8     (b)  Responsibilities of schools are as follows:
     9     (1)  Each public school district shall, by July 1, 2002,
    10     SECTION 772.1  INTEGRATED PEST MANAGEMENT PROGRAMS.--(A)       <--
    11  EACH PUBLIC SCHOOL DISTRICT SHALL, BY JULY 1, 2002, adopt an      <--
    12  EACH SCHOOL SHALL, BY JANUARY 1, 2003, ADOPT AN integrated pest   <--
    13  management plan in accordance with the integrated pest
    14  management policies established by the department on the
    15  effective date of this section, until regulations are
    16  promulgated by the department.
    17     (2)  Except as provided in clause (4), notification of         <--
    18  pesticide treatments shall be as follows:
    19     (i)  For a pesticide treatment at a school building, the
    20  school shall be responsible for all of the following:
    21     (A)  Posting the pest control sign received under subsection
    22  (a)(1) in an area of common access where individuals are likely
    23  to view the sign on a regular basis at least seventy-two (72)
    24  hours before and for at least two (2) days following each
    25  planned treatment.
    26     (B)  Providing the pest control information sheet received
    27  under subsection (a)(1) to every individual working in the
    28  school building at least seventy-two (72) hours before each
    29  planned treatment.
    30     (C)  Providing notice, including the name, address and
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     1  telephone number of the applicator providing the treatment, day
     2  of treatment and pesticide to be utilized, to the parents or
     3  guardians of students enrolled in the school at least seventy-
     4  two hours before each planned treatment as follows:
     5     (1)  Notice to all parents or guardians utilizing normal
     6  school communications procedures; or
     7     (2)  Notice to a list of interested parents or guardians who,
     8  at the beginning of each school year, or upon the child's
     9  enrollment, requested notification of individual application of
    10  pesticides. The school shall provide procedures or materials for
    11  such requests to parents and guardians of students. Notification
    12  of each pesticide application shall be provided using first
    13  class mail or other means deemed appropriate by the school to
    14  each parent or guardian requesting notification.
    15     (ii)  For a pesticide treatment on school grounds, the school
    16  shall be responsible for all of the following:
    17     (A)  Posting the pest control sign received under subsection
    18  (a)(2) at the place to be treated at least seventy-two (72)
    19  hours before and for two (2) days after the planned treatment.
    20     (B)  Providing the pest control information sheet received
    21  under subsection (a)(2) to every individual working in the
    22  school building at least seventy-two (72) hours before each
    23  planned treatment.
    24     (C)  Providing notice, including the name, address and
    25  telephone number of the applicator providing the treatment, day
    26  of treatment and pesticide to be utilized, to the parents or
    27  guardians of students enrolled in the school at least seventy-
    28  two hours before each planned treatment as follows:
    29     (1)  Notice to all parents or guardians utilizing normal
    30  school communications procedures; or
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     1     (2)  Notice to a list of interested parents or guardians who,
     2  at the beginning of each school year, or upon the child's
     3  enrollment, requested notification of individual application of
     4  pesticides. The school shall provide procedures or materials for
     5  such requests to parents and guardians of students. Notification
     6  of each pesticide application shall be provided using first
     7  class mail or other means deemed appropriate by the school to
     8  each parent or guardian requesting notification.
     9     (iii)  Notwithstanding any other provision of this section,
    10  where pests pose an immediate threat to the health and safety of
    11  students or employes, the school may authorize an emergency
    12  pesticide application. In the case of an emergency pesticide
    13  application, the school shall notify by telephone any parent or
    14  guardian who has requested such notification. School officials
    15  shall annually advise parents of their right to request
    16  notification of emergency pesticide use and shall explain
    17  procedures for requesting such notification.
    18     (3)  Except as provided in clause (4), each school shall
    19  maintain detailed records of all chemical pest control
    20  treatments for a period of at least three (3) years.
    21     (4)  The notice and recordkeeping requirements in clauses (2)
    22  and (3) and subsection (c) do not apply to the application of:
    23     (i)  disinfectant and antimicrobial products;
    24     (ii)  self-containerized baits placed in areas not accessible
    25  to students and gel type baits placed in cracks, crevices or
    26  voids; or
    27     (iii)  swimming pool maintenance chemicals in the care and
    28  maintenance of a swimming pool.
    29     (c)  The following prohibitions shall apply:
    30     (1)  Except as provided in clause (2), pesticides may not be
    20010S0705B1860                  - 4 -

     1  applied within a school building where students are expected to
     2  be present for normal academic instruction or organized
     3  extracurricular activities within seven hours following the
     4  application, or on the school or on school grounds where
     5  students will be in the immediate vicinity for normal academic
     6  instruction or organized extracurricular activities within seven
     7  hours following the application. The applicator shall also
     8  comply with re-entry time restrictions contained on the
     9  pesticide label.
    10     (2)  Students may not be present in an untreated portion of
    11  the school building unless the area being treated has a separate
    12  ventilation system and is separated from the untreated portion
    13  by smoke or fire doors, or is a separate building.
    14     (d) (B)  The department shall do all of the following:         <--
    15     (1)  Maintain a Hypersensitivity Registry to assist in the
    16  notification of students and employes who are especially
    17  sensitive to pesticides.
    18     (2)  Designate an integrated pest management coordinator
    19  within the department to assist schools in the adoption and
    20  administration of integrated pest management plans.
    21     (3)  Prepare a standard structural integrated pest management
    22  agreement and distribute the standard agreement to schools.
    23     (4)  Provide other materials and assistance to school          <--
    24  districts to aid schools and school districts in developing
    25  SCHOOLS TO AID THEM IN DEVELOPING integrated pest management      <--
    26  plans.
    27     (5)  Promulgate regulations, consistent with its policies in
    28  effect on the date of this section, to assist schools in
    29  implementing their responsibilities under this section.
    30     (e) (C)  The following words and phrases when used in this     <--
    20010S0705B1860                  - 5 -

     1  section shall have the meanings given to them in this subsection
     2  unless the context clearly indicates otherwise:
     3     "Applicator."  A certified applicator, commercial applicator   <--
     4  or public applicator.
     5     "Certified applicator."  An individual who is certified under
     6  section 16.1, 17 or 17.1 of the act of March 1, 1974 (P.L.90,
     7  No.24), known as the "Pennsylvania Pesticide Control Act of
     8  1973," as competent to use or supervise the use or application
     9  of any pesticide.
    10     "Commercial applicator."  A certified applicator, whether or
    11  not he is a private applicator with respect to some uses, who
    12  uses or supervises the use of any pesticide on the property or
    13  premises of another or on easements granted under State law, or
    14  any applicator who uses or supervises the use of any restricted-
    15  use pesticide on property owned or rented by him or his
    16  employer, when not for purposes of producing an agricultural
    17  product. The Secretary of Agriculture may by regulation deem
    18  certain types of applicators using any pesticide on their own
    19  property or that of their employer as commercial applicators.
    20     "Department."  The Department of Agriculture of the
    21  Commonwealth.
    22     "Insect."  Any of the numerous small invertebrate animals      <--
    23  generally having a more or less obviously segmented body, for
    24  the most part belonging to the class Insecta, comprising six-
    25  legged, usually winged forms, as, for example, beetles, bugs,
    26  bees and flies, and to other allied classes of arthropods whose
    27  members are wingless and usually have more than six (6) legs,
    28  as, for example, spiders, mites, ticks, centipedes and wood
    29  lice.
    30     "Integrated pest management plan."  A plan which establishes
    20010S0705B1860                  - 6 -

     1  a sustainable approach to managing pests by combining
     2  biological, cultural, physical and chemical tools in a way which
     3  minimizes economic, health and environmental risks.
     4     "Nematode."  An invertebrate animal of the phylum              <--
     5  Nemathelminthes and class Nematoda, that is, unsegmented round
     6  worms with elongated, fusiform or sac-like bodies covered with
     7  cuticle and inhabiting soil, water, plants or plant parts. The
     8  term includes nemas and eelworms.
     9     "Person."  An individual, partnership, association,
    10  corporation or any organized group of persons, whether
    11  incorporated or not.
    12     "Pest."  An insect, rodent, nematode, fungus, weed or other
    13  form of terrestrial or aquatic plant or animal life or virus,
    14  bacteria or other micro-organism, except viruses, bacteria or
    15  other micro-organisms on or in living man or other living
    16  animals, declared to be a pest under section 25(c)(1) of the
    17  Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.
    18  163, 7 U.S.C. § 136w).
    19     "Pest control information sheet."  A document which contains   <--
    20  the date of treatment, the name, address and telephone number of
    21  the applicator, the pesticide utilized and any other information
    22  that is required by the Secretary of Agriculture.
    23     "Pesticide."  A substance or mixture of substances intended
    24  for preventing, destroying, repelling or mitigating a pest and a
    25  substance or mixture of substances intended for use as a plant
    26  regulator, defoliant or desiccant.
    27     "Pesticide application technician."  An individual employed    <--
    28  by a commercial applicator or governmental agency who, having
    29  met the competency requirements as set forth in the act of March
    30  1, 1974 (P.L.90, No.24), known as the "Pennsylvania Pesticide
    20010S0705B1860                  - 7 -

     1  Control Act of 1973," is registered by the Secretary of
     2  Agriculture to apply pesticides under the direct supervision of
     3  a certified applicator.
     4     "Public applicator."  A certified applicator who applies
     5  pesticides as an employe of the Commonwealth or its
     6  instrumentalities or a local agency.
     7     "School."  A school district, an intermediate unit, an area
     8  vocational-technical school or any of these entities acting
     9  jointly.
    10     Section 2.  This act shall take effect in 60 days.














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