§ 23-25-38. Pesticide applications and notification of pesticide applications at pre-schools and
child care centers.
(a) On and after July 1, 2003, no application of pesticide may be made by any person other
than a certified or licensed commercial applicator as defined in § 23-25-4 in any building or on the grounds of any pre-school, child day care center, group/family
day care home or family day care home, during regular business hours. No child enrolled
at such center or home may enter an area where pesticides have been applied until
it is safe to do so according to the provisions on the pesticide label. For purposes
of this section, eme
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§ 23-25-38. Pesticide applications and notification of pesticide applications at pre-schools and
child care centers.
(a) On and after July 1, 2003, no application of pesticide may be made by any person other
than a certified or licensed commercial applicator as defined in § 23-25-4 in any building or on the grounds of any pre-school, child day care center, group/family
day care home or family day care home, during regular business hours. No child enrolled
at such center or home may enter an area where pesticides have been applied until
it is safe to do so according to the provisions on the pesticide label. For purposes
of this section, emergency shall mean a sudden need to mitigate or eliminate a pest
which threatens the health or safety of a student or staff member. 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, insecticidal disks, or the application of a pesticide
classified by the United States Environmental Protection Agency as an exempt material
under 40 CFR part 152.25.
(b) On and after July 1, 2002, notice of any pesticide application at any such center
or home shall be given, by any means practicable, to the parents or guardians of any
child enrolled at the center or home not later than twenty-four (24) hours before
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 property;
(5) the date of the application; and (6) the name of the pre-school or child care
center owner/operator or their designee.