Pesticides in Schools Regulation
People not able to attend the public hearings, or wishing to supplement their comments at the hearing, can submit written comment up until 4 p.m. July 17, 2002. Comments can be submitted by mail, e-mail or fax:
Board of Pesticides Control
28 State House Station
Augusta, ME 04333
Fax: (207) 287 7548
Board of Pesticide Control News - June 2002
Background For Testimony
School Pesticides IPM Rule Up For Public Comment
Posted 5 May 2002 on www.mofga.org, updated 8 June 2002
Section 1. Definitions
- Integrated Pest Management. For the purposes of this regulation, Integrated Pest Management (IPM) means the selection, integration and implementation of pest damage prevention and control based on predicted socioeconomic and ecological consequences, including: (1) understanding the system in which the pest exists; (2) establishing dynamic economic or aesthetic injury thresholds and determining whether the organism or organism complex warrants control; (3) monitoring pests and natural enemies; (4) when needed, selecting the appropriate system of cultural, mechanical, genetic, including resistant cultivars, biological or chemical prevention techniques or controls for desired suppression; and (5) systematically evaluating the pest management approaches utilized.
- School. For the purposes of this regulation, School means any public or private elementary or secondary school, kindergarten or nursery school that is part of an elementary or secondary school or a tribally funded school.
- School Building. For the purposes of this regulation, School Building means any structure used or occupied by students or staff of any elementary or secondary school.
- School Grounds. For the purposes of this regulation, School Grounds means:
- land associated with a school building including playgrounds, athletic fields and agricultural fields used by students or staff of an elementary or secondary school, and
- any other outdoor area used by students or staff that is under the control of an elementary or secondary school.
- Integrated Pest Management Coordinator. The lead person in a school system or school who is knowledgeable about pest management plans and is designated by each school to implement the school pest management plan.
Section 2. Adoption of Integrated Pest Management Policy
All public school districts and all private schools serving grades K-12, or any subgroup thereof, in the State of Maine shall adopt and implement a written policy for the application of Integrated Pest Management techniques in school buildings and outdoors on school grounds. The policy shall be maintained and updated annually by the school's Integrated Pest Management Coordinator and at least one copy shall be kept on site in every school and made available to the public upon request.
Section 3. Exemptions
- The following pesticide uses are exempt from the requirements of Section 4 and 5 of this Chapter:
- application of ready-to-use general use pesticides by hand or with non-powered equipment to control or repel stinging or biting insects when there is an urgent need to mitigate or eliminate a pest that threatens the health or safety of a student, staff member or other occupant,
- application of general use antimicrobial products by hand or with non-powered equipment to interior or exterior surfaces and furnishings during the course of routine cleaning procedures, and
- application of paints, stains or wood preservatives that are classified as general use pesticides.
- The following pesticide uses are exempt from the requirements of Section 4 of this Chapter:
- non-volatile sprays directed into cracks, crevices or wall voids,
- non-volatile baits, gels, pastes and granular materials placed in areas inaccessible to students,
- indoor or outdoor applications performed when school is not in session and will not be in session until the re-entry or restricted entry interval specified on the pesticide label has elapsed, and
- indoor application of a pesticide with no re-entry or restricted entry interval specified on its label but entry to the treated area is restricted for at least 24 hours.
Section 4. Notification
- Within the first two weeks of every school year, notice shall be given to all school staff and parents or legal guardians of students in schools serving grades K-12, or any subgroup thereof, advising the parents or guardians and staff that a school integrated pest management policy exists and where it may be reviewed, that pesticides may periodically be applied in school buildings and on school grounds and that applications will be noticed in accordance with Sections 4(B-D) hereof. This notice shall also state that a report of prior pesticide applications and information about the pesticides used and a copy of the Pesticides in Schools regulation (CMR 01-026 Chapter ??) are available for review.
- Notices given as required by Section 4C shall state as a minimum (a) the trade name and EPA Registration number of the pesticide to be applied, (b) the approximate date and time of the application, (c) the location of the application, (d) the reasons for the application, and (e) the name and phone number of the person to whom further inquiry regarding the application may be made. These notices must be sent to all school staff and parents or legal guardians of students at least five days prior to the planned application.
The group did not come to consensus on additional notification provisions. The following options were discussed and it was decided to offer each option in this draft. Four of twelve members supported option 1. while the other eight supported option 2. Support for option 3 was not determined.
- Option 1- Notice shall be given to all parents or legal guardians of students and school staff using a school serving grades K-12, or any subgroup thereof whenever pesticide applications not exempted by Section 3 are performed inside a school building or on the school grounds, or
Option 2 - Persons wishing notification of each application performed inside a school building or on school grounds may make a written request to be put on a registry list to receive notice whenever pesticide applications not exempted by Section 3 are performed, or
Option 3 - Schools shall elect to do either Option 1 or Option 2.
- Whenever pesticide applications not exempted by Section 3 are performed, a sign shall be posted at each point of access to the treated area and in a common area of the facility at least two working days prior to the application and for at least forty-eight hours following the application. The sign shall be at least 8.5 inches wide by 11 inches tall for indoor applications and at least 4 inches wide by 5 inches high for outdoor applications and shall state (a) the trade name and EPA Registration number(s) of the pesticide(s) to be applied, (b) the approximate date and time of the application, (c) the location of the application, (d) the reason(s) for the application, and (e) the name and phone number of the person to whom further inquiry regarding the application may be made.
Section 5. Integrated Pest Management Techniques
- All pest management activities should be conducted using appropriate elements of integrated pest management as described in the latest Cooperative Extension or Department of Agriculture training manuals for pest management in and/or on school property. In all cases, the application should be conducted in a manner to minimize human risk to the maximum extent practicable using currently available technology.
- Prior to any pesticide application, schools shall do the following:
- monitor for pest presence or conditions conducive to a pest outbreak,
- identify the pest specifically,
- determine that the pest population exceeds acceptable safety, economic or aesthetic threshold levels established in the IPM plan, and
- utilize non-pesticide control measures that have been demonstrated to be effective and affordable.
- When a pesticide application is deemed necessary, the licensed applicator must take into account the toxicity of recommended products and choose lowest risk products based on the signal word on the pesticide label, the material safety data sheet, other toxicology data and any other label language indicating special problems such as toxicity to wildlife or likelihood of contaminating surface or ground water.
- Pesticide applications must not be conducted when people are in the immediate area to be treated. Applications should be planned to occur on weekends or vacations to allow maximum time for sprays to dry and vapors to dissipate.
- Indoor pesticide use must be limited to placement of baits and wall void or crack and crevice treatments unless the pest threatens the health and safety of persons in the buildings as determined by the school's integrated pest management coordinator.
- Outdoor applications must be conducted in accordance with all other applicable Board regulations designed for minimizing pesticide drift and posting of treated sites. Spot treatments should be considered in lieu of broadcast applications.
- The IPM Coordinator must maintain records for a period of two years of all pesticide applications performed along with the labels and material safety data sheets for all products used in or on school property.
Section 6. Transitions
The provisions set forth in this rule shall become enforceable one year following the effective date of this rule.