§ 23-25-37. Pesticide applications and notification of pesticide applications at schools.
(a) The department of environmental management and the department of health shall develop
regulations as follows: (1) to restrict the use of hazardous pesticides in schools,
pre-schools and child care centers in Rhode Island; (2) for the promotion and implementation
of integrated pest management (IPM) as defined in § 23-25.2-2; (3) to cover situations where an emergency application of pesticide must be conducted
to eliminate an immediate threat to human health, and establish reporting requirements
for these emergency applications.
(b) On and after July 1, 2001, no person other than a licensed or certified commercial
applicator as defined in § 23-25-4, shall apply pesticide within any building or on the grounds of any school. This
section shall not apply in the case of an emergency application of pesticide to eliminate
an immediate threat to human health, where it is impractical to obtain the services
of any such applicator; provided the emergency application does not involve a restricted
use or state limited use pesticide. For purposes of this section, "emergency� means
a sudden need to mitigate or eliminate a pest which threatens the health or safety
of a student or staff member.
(c)(1) On and after July 1, 2002, at the beginning of each school year, each local school
authority shall provide the staff of each school and the parents or guardians of each
child enrolled in each school with a written statement of the committee's policy on
pesticide application on school property and a description of any pesticide applications
made at the school during the previous school year.
(2) The statement and description shall be provided to the parents or guardians of any
child who transfers to a school during the school year. The statement shall: (i) indicate
that the staff, parents, or guardians may 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 to any person who registers for notice under this section.
(d) On and after July 1, 2002, parents or guardians of children in any school and school
staff may register for prior notice of pesticide application at their school. Each
school shall maintain a registry of persons requesting the notice. Prior to providing
for any application of pesticide within any building or on the grounds of any school,
the local school authority shall provide for the distribution of notice to parents
and guardians who have registered for prior notice under this section, such that the
notice is received no later than twenty-four (24) hours prior to the application.
Notice shall be given by any means practicable to school staff who have registered
for the notice. Notice under this subsection shall include: (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) the target 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.
(e) On and after July 1, 2003, no application of pesticide may be made in any building
or on the grounds of any school during regular school hours or during planned activities
at any school. No child shall enter an area where the application has been made until
it is safe to do so according to the provisions on the pesticide label. This section
shall not apply to the use of germicides, disinfectants, sanitizers, deodorizers,
antimicrobal agents, insecticidal gels, non-volatile insect or rodent bait in a tamper
resistant container, insect repellants or the application of a pesticide classified
by the United States Environmental Protection Agency as an exempt material under 40 CFR 152.25.
(f) On and after July 1, 2002, a local school authority may make an emergency application
of pesticide without prior notice under this section in the event of an immediate
threat to human health, provided the board provides for notice, by any means practicable,
on or before the day that the application is to take place, to any person who has
requested prior notice under this section.
(g) On and after July 1, 2002, notice of any pesticide application at a school shall be
given, by any means practicable, to the parents or guardians of any child enrolled
at the school and to the staff of the school not later than one week after the application.
The notice shall include: (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)
the target 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 the record of
each pesticide application at a school shall be maintained at the school for a period
of five (5) years.
(h) Not later than July 1, 2002, the department of environmental management and the department
of health shall jointly establish a task force which shall specifically address methods
to promote public education and professional training about pesticides, their potential
health effects and IPM least toxic alternatives, and for evaluation and analysis of
current pest control practices at school and child care facilities.