PRIOR PRINTER'S NO. 1506 PRINTER'S NO. 2228
No. 1289 Session of 2001
INTRODUCED BY RUBLEY, ADOLPH, ALLEN, M. BAKER, BARD, BASTIAN,
BEBKO-JONES, BELARDI, BELFANTI, BLAUM, BROWNE, CALTAGIRONE,
CAPPABIANCA, CAPPELLI, CASORIO, CAWLEY, CIVERA, CLARK,
L. I. COHEN, M. COHEN, COLAFELLA, CORNELL, COSTA, COY, CRUZ,
CURRY, DALEY, DALLY, DeLUCA, DERMODY, DeWEESE, DIVEN,
FAIRCHILD, FICHTER, FLICK, FRANKEL, FREEMAN, GEORGE, GRUCELA,
HARHAI, HARPER, HENNESSEY, HERMAN, HORSEY, JOSEPHS, KAISER,
KELLER, LAUGHLIN, LEDERER, LEH, LEVDANSKY, LYNCH, MANDERINO,
MANN, MARSICO, MAYERNIK, McCALL, McGILL, McILHINNEY, MELIO,
MICHLOVIC, R. MILLER, S. MILLER, MYERS, NAILOR, PETRARCA,
PIPPY, PISTELLA, READSHAW, ROBINSON, ROONEY, RUFFING,
SAMUELSON, SANTONI, SCHRODER, SCRIMENTI, SHANER, SOLOBAY,
STABACK, STEELMAN, STEIL, T. STEVENSON, STURLA, SURRA,
TANGRETTI, E. Z. TAYLOR, THOMAS, TRAVAGLIO, TRELLO, VITALI,
WALKO, WANSACZ, WATSON, C. WILLIAMS, WOJNAROSKI, WRIGHT,
YOUNGBLOOD, YUDICHAK, HESS, MUNDY, SAINATO, MAHER AND JAMES,
APRIL 4, 2001
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 13, 2001
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 pesticide
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 Pesticide Management Programs.--
1 (a) The following apply to pesticide applicators:
2 (1) For a pesticide treatment at a school building, the
3 certified applicator or pesticide application technician shall
4 supply the pest control information sheet and a pest control
5 sign, which must be at least eight and one-half by eleven (8 1/2
6 by 11) inches in size, to the chief administrator or building
7 manager.
8 (2) For a pesticide treatment on school grounds, including
9 athletic fields and playgrounds, the certified applicator or
10 pesticide application technician shall supply the pest control
11 information sheet and a pest control sign, which must be at
12 least eight and one-half by eleven (8 1/2 by 11) inches in size,
13 to the chief administrator or grounds manager.
14 (b) Responsibilities of schools are as follows:
15 (1) Each public school district shall, by July 1, 2001 2002, <--
16 adopt an integrated pest management plan in accordance with the
17 integrated pest management policies in use by ESTABLISHED BY the <--
18 department on the effective date of this section, until
19 regulations are promulgated by the department.
20 (2) Except as provided in clause (4), notification of
21 pesticide treatments shall be as follows:
22 (i) For a pesticide treatment at a school building, the
23 school shall be responsible for all of the following:
24 (A) Posting the pest control sign received under subsection
25 (a)(1) in an area of common access where individuals are likely
26 to view the sign on a regular basis at least seventy-two (72)
27 hours before and for at least two (2) days following each
28 planned treatment.
29 (B) Providing the pest control information sheet received
30 under subsection (a)(1) to every individual working in the
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1 school building at least seventy-two (72) hours before each
2 planned treatment.
3 (C) Providing notice in writing to the parents or guardians <--
4 of the students enrolled in that school at least seventy-two
5 (72) hours before each planned treatment. The notice must
6 include the name, address and telephone number of the applicator
7 applying the treatment, day of treatment and the pesticide
8 utilized. The notice may be included in normal school
9 communications to parents or guardians and need not be mailed
10 separately to parents or guardians.
11 (C) PROVIDING NOTICE, INCLUDING THE NAME, ADDRESS AND <--
12 TELEPHONE NUMBER OF THE APPLICATOR PROVIDING THE TREATMENT, DAY
13 OF TREATMENT AND PESTICIDE TO BE UTILIZED, TO THE PARENTS OR
14 GUARDIANS OF STUDENTS ENROLLED IN THE SCHOOL AT LEAST SEVENTY-
15 TWO (72) HOURS BEFORE EACH PLANNED TREATMENT AS FOLLOWS:
16 (I) NOTICE TO ALL PARENTS OR GUARDIANS UTILIZING NORMAL
17 SCHOOL COMMUNICATIONS PROCEDURES; OR
18 (II) NOTICE TO A LIST OF INTERESTED PARENTS OR GUARDIANS
19 WHO, AT THE BEGINNING OF EACH SCHOOL YEAR, OR UPON THE CHILD'S
20 ENROLLMENT, REQUESTED NOTIFICATION OF INDIVIDUAL APPLICATION OF
21 PESTICIDES. THE SCHOOL SHALL PROVIDE PROCEDURES OR MATERIALS FOR
22 SUCH REQUESTS TO PARENTS AND GUARDIANS OF STUDENTS. NOTIFICATION
23 OF EACH PESTICIDE APPLICATION SHALL BE PROVIDED USING FIRST
24 CLASS MAIL OR OTHER MEANS DEEMED APPROPRIATE BY THE SCHOOL TO
25 EACH PARENT OR GUARDIAN REQUESTING NOTIFICATION.
26 (ii) For a pesticide treatment on school grounds, the school
27 shall be responsible for all of the following:
28 (A) Posting the pest control sign received under subsection
29 (a)(2) at the place to be treated at least seventy-two (72)
30 hours before and for two (2) days after the planned treatment.
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1 (B) Providing the pest control information sheet received
2 under subsection (a)(2) to every individual working in the
3 school building at least seventy-two (72) hours before each
4 planned treatment.
5 (C) Providing notice in writing to the parents or guardians <--
6 of the students enrolled in that school at least seventy-two
7 (72) hours before each planned treatment. The notice must
8 include the name, address and telephone number of the applicator
9 applying the treatment, day of treatment and the pesticide
10 utilized. The notice may be included in normal school
11 communications to parents or guardians and need not be mailed
12 separately to parents or guardians.
13 (C) PROVIDING NOTICE, INCLUDING THE NAME, ADDRESS AND <--
14 TELEPHONE NUMBER OF THE APPLICATOR PROVIDING THE TREATMENT, DAY
15 OF TREATMENT AND PESTICIDE TO BE UTILIZED, TO THE PARENTS OR
16 GUARDIANS OF STUDENTS ENROLLED IN THE SCHOOL AT LEAST SEVENTY-
17 TWO (72) HOURS BEFORE EACH PLANNED TREATMENT AS FOLLOWS:
18 (I) NOTICE TO ALL PARENTS OR GUARDIANS UTILIZING NORMAL
19 SCHOOL COMMUNICATIONS PROCEDURES; OR
20 (II) NOTICE TO A LIST OF INTERESTED PARENTS OR GUARDIANS
21 WHO, AT THE BEGINNING OF EACH SCHOOL YEAR, OR UPON THE CHILD'S
22 ENROLLMENT, REQUESTED NOTIFICATION OF INDIVIDUAL APPLICATION OF
23 PESTICIDES. THE SCHOOL SHALL PROVIDE PROCEDURES OR MATERIALS FOR
24 SUCH REQUESTS TO PARENTS AND GUARDIANS OF STUDENTS. NOTIFICATION
25 OF EACH PESTICIDE APPLICATION SHALL BE PROVIDED USING FIRST
26 CLASS MAIL OR OTHER MEANS DEEMED APPROPRIATE BY THE SCHOOL TO
27 EACH PARENT OR GUARDIAN REQUESTING NOTIFICATION.
28 (iii) Notwithstanding any other provision of this section,
29 if WHERE pests pose an immediate threat to the health and safety <--
30 of students or employes, the school may authorize an emergency
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1 pesticide application. In the case of an emergency pesticide
2 application, the school shall notify by telephone any parent or
3 guardian who has requested such notification. School officials
4 shall annually advise parents of their right to request
5 notification of emergency pesticide use and shall explain
6 procedures for requesting such notification.
7 (3) Except as provided in clause (4), each school shall
8 maintain detailed records of all chemical pest control
9 treatments for a period of at least three (3) years.
10 (4) Clauses THE NOTICE AND RECORDKEEPING REQUIREMENTS IN <--
11 CLAUSES (2) and (3) and subsection (c) do not apply to the
12 application of:
13 (i) disinfectant and antimicrobial products;
14 (ii) self-contained bait packages placed in areas not <--
15 accessible to students; or
16 (II) SELF-CONTAINERIZED BAITS PLACED IN AREAS NOT ACCESSIBLE <--
17 TO STUDENTS AND GEL TYPE BAITS PLACED IN CRACKS, CREVICES OR
18 VOIDS; OR
19 (iii) swimming pool maintenance chemicals in the care and
20 maintenance of a swimming pool.
21 (c) The following prohibitions shall apply:
22 (1) Except as provided in clause (2), pesticides may not be
23 applied to an area in the school building while students are <--
24 present for normal academic instruction or organized
25 extracurricular activities, or on school grounds while students
26 are in the immediate vicinity for normal academic instruction or
27 organized extracurricular activities. WITHIN A SCHOOL BUILDING <--
28 WHERE STUDENTS ARE EXPECTED TO BE PRESENT FOR NORMAL ACADEMIC
29 INSTRUCTION OR ORGANIZED EXTRACURRICULAR ACTIVITIES WITHIN SEVEN
30 (7) HOURS FOLLOWING THE APPLICATION, OR ON SCHOOL GROUNDS WHERE
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1 STUDENTS WILL BE IN THE IMMEDIATE VICINITY FOR NORMAL ACADEMIC
2 INSTRUCTION OR ORGANIZED EXTRACURRICULAR ACTIVITIES WITHIN SEVEN
3 (7) HOURS FOLLOWING THE APPLICATION. THE APPLICATOR SHALL ALSO
4 COMPLY WITH RE-ENTRY TIME RESTRICTIONS CONTAINED ON THE
5 PESTICIDE LABEL.
6 (2) Students may not be present in an untreated portion of
7 the school building unless the area being treated has a separate
8 ventilation system and is separated from the untreated portion
9 by smoke or fire doors, or is a separate building.
10 (d) The department shall do all of the following:
11 (1) Establish guidelines to promote the efficient and <--
12 uniform adoption and administration of integrated pest
13 management plans.
14 (2) (1) Maintain a hypersensitivity registry to assist in <--
15 the notification of students and employes who are especially
16 sensitive to pesticides.
17 (3) (2) Designate an integrated pest management coordinator <--
18 within the department to assist schools in the adoption and
19 administration of integrated pest management plans.
20 (4) (3) Prepare a standard structural integrated pest <--
21 management agreement and distribute the standard agreement to
22 schools.
23 (5) (4) Provide other materials and assistance to school <--
24 districts to aid schools and school districts in developing
25 integrated pest management plans.
26 (6) (5) Promulgate regulations, consistent with its policies <--
27 in effect on the date of this section, to assist schools in
28 implementing their responsibilities under this section.
29 (e) The following words and phrases when used in this
30 section shall have the meanings given to them in this subsection
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1 unless the context clearly indicates otherwise:
2 "Applicator." A certified applicator, commercial applicator
3 or public applicator.
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 may by regulation deem certain types of
17 applicators using any pesticide on their own property or that of
18 their employer as commercial applicators.
19 "Department." The Department of Agriculture of the
20 Commonwealth.
21 "Insect." Any of the numerous small invertebrate animals
22 generally having a more or less obviously segmented body, for
23 the most part belonging to the class Insecta, comprising six-
24 legged, usually winged forms, as, for example, beetles, bugs,
25 bees and flies, and to other allied classes of arthropods whose
26 members are wingless and usually have more than six (6) legs,
27 as, for example, spiders, mites, ticks, centipedes and wood
28 lice.
29 "Integrated pest management plan." A plan which establishes
30 a sustainable approach to managing pests by combining
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1 biological, cultural, physical and chemical tools in a way which
2 minimizes economic, health and environmental risks.
3 "Nematode." An invertebrate animal of the phylum
4 Nemathelminthes and class Nematoda, that is, unsegmented round
5 worms with elongated, fusiform or sac-like bodies covered with
6 cuticle and inhabiting soil, water, plants or plant parts. The
7 term includes nemas and eelworms.
8 "Person." An individual, partnership, association,
9 corporation or any organized group of persons, whether
10 incorporated or not.
11 "Pest." An insect, rodent, nematode, fungus, weed or other
12 form of terrestrial or aquatic plant or animal life or virus,
13 bacteria or other micro-organism, except viruses, bacteria or
14 other micro-organisms on or in living man or other living
15 animals, declared to be a pest under section 25(c)(1) of the
16 Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.
17 163, 7 U.S.C. § 136w).
18 "Pest control information sheet." A document which contains
19 the date of treatment, the name, address and telephone number of
20 the applicator, the pesticide utilized and any other information
21 that is required by the Secretary of Agriculture.
22 "Pesticide." A substance or mixture of substances intended
23 for preventing, destroying, repelling or mitigating a pest and a
24 substance or mixture of substances intended for use as a plant
25 regulator, defoliant or desiccant.
26 "Pesticide application technician." An individual employed
27 by a commercial applicator or governmental agency who, having
28 met the competency requirements as set forth in the act of March
29 1, 1974 (P.L.90, No.24), known as the "Pennsylvania Pesticide
30 Control Act of 1973," is registered by the Secretary of
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1 Agriculture to apply pesticides under the direct supervision of
2 a certified applicator.
3 "Public applicator." A certified applicator who applies
4 pesticides as an employe of the Commonwealth or its
5 instrumentalities or a local agency.
6 "School." A school district, an intermediate unit or an area
7 vocational-technical school or any of these entities acting
8 jointly.
9 "Secretary." The Secretary of Agriculture of the
10 Commonwealth.
11 Section 2. This act shall take effect in 60 days.
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