PRIOR PRINTER'S NO. 761 PRINTER'S NO. 1405
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 AND WAGNER, MARCH 23, 2001
SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, AS
AMENDED, OCTOBER 10, 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 advance notification of
6 pesticide application within schools, school grounds,
7 athletic fields and playgrounds.
8 AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN <--
9 ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
10 PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
11 SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
12 LAWS RELATING THERETO," PROVIDING FOR INTEGRATED PEST
13 MANAGEMENT PROGRAMS IN SCHOOLS.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <--
17 as the Public School Code of 1949, is amended by adding a
18 section to read:
19 Section 772.1. Notification of Pesticide Treatments at
20 Schools.--(a) For an indoor pesticide treatment at a school
21 building, the certified applicator or pesticide application
22 technician shall supply the pest control information sheet and a
1 pest control sign, which shall be at least eight and one-half by
2 eleven (8 1/2 by 11) inches in size, to the chief administrator
3 or building manager. The chief administrator or building manager
4 shall be responsible for all of the following:
5 (1) Posting the sign in an area of common access that
6 individuals are likely to view on a regular basis at least
7 seventy-two (72) hours before and for at least two (2) days
8 following each planned treatment.
9 (2) Providing the information sheet to every individual
10 working in the school building at least seventy-two (72) hours
11 before each planned treatment.
12 (3) Providing notice in writing to the parents or guardians
13 of the students enrolled in that school building at least
14 seventy-two (72) hours before each planned treatment. The notice
15 shall include the name, address and telephone number of the
16 applicator applying the treatment, day of treatment and the
17 pesticide utilized. The notice may be included in normal school
18 communications to parents or guardians and need not be mailed
19 separately to parents or guardians.
20 (b) For an outdoor treatment to be applied anywhere on
21 school grounds, including, but not limited to, athletic fields
22 or playgrounds, the certified applicator or technician shall
23 supply the pest control information sheet and a pest control
24 sign, which shall be at least eight and one-half by eleven (8
25 1/2 by 11) inches in size, to the chief administrator or grounds
26 manager. The pest control sign shall be posted at the field or
27 playground to be treated at least seventy-two (72) hours before
28 and for two (2) days after the planned treatment.
29 (c) School officials at a school with an athletic field or a
30 playground to be treated with a pesticide shall include the
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1 following information in any registration materials that they
2 distribute to parents or guardians of children attending the
3 school:
4 (1) The school periodically applies pesticides indoors and
5 on school grounds.
6 (2) Information on the application of pesticides is
7 available at the request of the parents or guardians.
8 (d) The secretary shall establish by regulation procedures
9 for emergency pesticide applications for which the required
10 notification in subsections (a) and (b) may be waived. The
11 regulations shall include the following:
12 (1) Emergency pesticide applications shall be allowed only
13 in the event of an immediate threat to the health and safety of
14 students and employes.
15 (2) Before any emergency application, students and employes
16 shall vacate the portion of the building or grounds to be
17 treated and shall not be allowed to return to that portion of
18 the building or grounds for at least twenty-four (24) hours
19 following the application.
20 (3) School officials shall notify by telephone any parents
21 or guardians who have requested such notification. Schools shall
22 advise parents of their right to request notification of
23 emergency pesticide use on an annual basis and shall explain
24 procedures for requesting such notification.
25 (e) Each school district and private elementary or secondary
26 school shall maintain detailed records of all chemical pest
27 control treatments for a period of at least three (3) years.
28 (f) The board of school directors of each public school
29 district and the governing boards of private schools shall, on
30 or before September 1, 2001, adopt an integrated pest management
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1 plan that incorporates the standards developed by the
2 Secretaries of Agriculture and Education.
3 (g) The Secretaries of Agriculture and Education, with the
4 assistance of the board, shall develop and adopt standards for
5 the integrated pest management plan no later than March 1, 2000.
6 The secretaries shall also prepare model integrated pest
7 management plans and sample materials for use by schools in
8 developing and adopting their integrated pest management plans.
9 The Department of Agriculture shall provide materials, training
10 and assistance to schools in developing integrated pest
11 management plans. In developing standards for the integrated
12 pest management plan, the board shall consult with a person who
13 is knowledgeable in the area of integrated pest management in
14 schools. The standards shall include the following:
15 (1) A requirement that the least toxic methods available to
16 control pests, rodents, insects and weeds be used.
17 (2) A hierarchy of treatments that schools shall use in
18 controlling pests, rodents, insects and weeds.
19 (3) A uniform pest control sign to be utilized in school
20 buildings which meets the requirements of this section.
21 (h) (1) A pesticide may be applied in a school building only
22 during periods in which students are not expected to use the
23 building for normal academic instruction or organized
24 extracurricular activities for at least twenty-four (24) hours
25 following the application.
26 (2) A pesticide may be applied on school grounds only during
27 periods in which students are not expected to use the treated
28 portion of the grounds for normal academic instruction or
29 organized extracurricular activities for at least twenty-four
30 (24) hours following the application. The secretary shall
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1 establish by regulation standards for pesticide application on
2 school grounds, including, but not limited to, the buffer areas
3 around the treated portion of the grounds in which students will
4 not be permitted for twenty-four (24) hours after application.
5 (3) If a portion of a school building having a separate
6 ventilation system which is separated from the remainder of the
7 building by smoke or fire doors is treated with a pesticide, the
8 twenty-four (24) hour waiting period established under paragraph
9 (1) shall apply only for the treated portion of the building.
10 Students shall not be present for normal academic instruction or
11 organized extracurricular activities for at least twelve (12)
12 hours in the untreated portion of the building. Access to the
13 treated portion of the building, plus a buffer zone as
14 prescribed by the secretary, shall be restricted for twenty-four
15 (24) hours. In all such applications, the school shall make
16 every effort to prevent the pesticide from migrating into the
17 untreated portion of the building, including sealing doors and
18 windows from the treated portion of the building.
19 (4) Under no circumstances shall pesticides be applied in a
20 school building or on school grounds when students are present
21 in the school building or on school grounds for normal academic
22 instruction or organized extracurricular activities, except as
23 provided in subsection (d).
24 (5) The secretary shall promulgate regulations which
25 establish procedures for pesticide applications in school
26 buildings and on school grounds of schools in which students are
27 in residence.
28 (i) (1) Disinfectant and antimicrobial products shall be
29 exempted from the notification and recordkeeping requirements of
30 subsections (a) and (e) and the restrictions on application in
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1 subsection (h).
2 (2) Application of self-contained bait packages placed in
3 areas not accessible to students shall be exempted from the
4 notification and restriction on application requirements of
5 subsections (a) and (h).
6 (j) The Commonwealth shall reimburse a school district for
7 increased costs associated with the implementation of this act
8 if the school district can demonstrate that the act has
9 increased total pest control costs for the district, after
10 adjusting for savings from reduced pesticide use. Costs for
11 building and grounds maintenance shall not be eligible for
12 reimbursement. Costs for first class mailings of notices to
13 parents shall not be eligible for reimbursement unless a
14 district can demonstrate a compelling need to use other than
15 normal school communications to notify parents in a timely
16 fashion. The secretary shall establish standards by regulation
17 which shall specify reasonable costs eligible for reimbursement,
18 a schedule for submission of reimbursement requests by school
19 districts and procedures for review and verification of
20 reimbursement requests.
21 (k) The secretary shall promulgate regulations which define
22 a perimeter treatment and adopt the definitions provided by
23 Federal law for the purpose of indoor pesticide treatment.
24 (l) The following words and phrases when used in this
25 section shall have the meanings given to them in this subsection
26 unless the context clearly indicates otherwise:
27 "Applicator" shall mean a certified applicator, private
28 applicator, commercial applicator or public applicator.
29 "Board" shall mean the State Pesticide Advisory Board of the
30 Department of Agriculture.
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1 "Certified applicator" shall mean an individual who is
2 certified under section 16.1, 17 or 17.1 of the act of March 1,
3 1974 (P.L.90, No.24), known as the "Pennsylvania Pesticide
4 Control Act of 1973," as competent to use or supervise the use
5 or application of any pesticide.
6 "Commercial applicator" shall mean a certified applicator,
7 whether or not he is a private applicator with respect to some
8 uses, who uses or supervises the use of any pesticide on the
9 property or premises of another or on easements granted under
10 State law, or any applicator who uses or supervises the use of
11 any restricted-use pesticide on property owned or rented by him
12 or his employer, when not for purposes of producing an
13 agricultural product. The secretary may by regulation deem
14 certain types of applicators using any pesticide on their own
15 property or that of their employer as commercial applicators.
16 "Department" shall mean the Department of Agriculture of the
17 Commonwealth.
18 "Indoor pesticide treatment" shall mean a pesticide treatment
19 that includes an outside perimeter treatment of the building if
20 the primary purpose of the treatment is to treat the inside of
21 the building.
22 "Insect" shall mean any of the numerous small invertebrate
23 animals generally having a more or less obviously segmented
24 body, for the most part belonging to the class Insecta,
25 comprising six-legged, usually winged forms, as, for example,
26 beetles, bugs, bees and flies, and to other allied classes of
27 arthropods whose members are wingless and usually have more than
28 six legs, as, for example, spiders, mites, ticks, centipedes and
29 wood lice.
30 "Integrated pest management plan" shall mean a decision-
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1 making process which includes inspection and pest
2 identification, monitoring of pest and beneficial insect
3 populations and recordkeeping of same, injury-level assessment
4 to determine when treatment is needed, treatment selection and
5 application with pest prevention methods, such as habitat
6 modification and sanitation measures, and nontoxic controls
7 being the primary selections, and evaluation of results.
8 "Nematode" shall mean an invertebrate animal of the phylum
9 Nemathelminthes and class Nematoda, that is, unsegmented round
10 worms with elongated, fusiform or sac-like bodies covered with
11 cuticle and inhabiting soil, water, plants or plant parts. The
12 term includes nemas and eelworms.
13 "Outdoor pesticide treatment" shall mean an outdoor pesticide
14 treatment that is applied anywhere on the school grounds,
15 including, but not limited to, athletic fields or playgrounds.
16 "Person" shall mean an individual, partnership, association,
17 corporation or any organized group of persons, whether
18 incorporated or not.
19 "Pest" shall mean an insect, rodent, nematode, fungus, weed
20 or other form of terrestrial or aquatic plant or animal life or
21 virus, bacteria or other micro-organism, except viruses,
22 bacteria or other micro-organisms on or in living man or other
23 living animals, declared to be a pest under section 25(c)(1) of
24 the Federal Insecticide, Fungicide, and Rodenticide Act (61
25 Stat. 163, 7 U.S.C. § 136 et seq.).
26 "Pest control information sheet" shall mean a document which
27 contains the date of treatment, the name, address and telephone
28 number of the applicator, the pesticide utilized and any other
29 information that is required by the Secretary of Agriculture.
30 "Pesticide" shall mean a substance or mixture of substances
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1 intended for preventing, destroying, repelling or mitigating a
2 pest and a substance or mixture of substances intended for use
3 as a plant regulator, defoliant or desiccant.
4 "Pesticide application technician" shall mean an individual
5 employed by a commercial applicator or governmental agency who,
6 having met the competency requirements as set forth in the act
7 of March 1, 1974 (P.L.90, No.24), known as the "Pennsylvania
8 Pesticide Control Act of 1973," is registered by the Secretary
9 of Agriculture to apply pesticides under the direct supervision
10 of a certified applicator.
11 "Private applicator" shall mean a certified applicator who
12 uses or supervises the use of a pesticide which is classified
13 for restricted use for purposes of producing an agricultural
14 commodity on property owned or rented by the applicator or the
15 applicator's employer or, if applied without compensation other
16 than trading of personal services between producers of
17 agricultural commodities, on the property of another person.
18 "Public applicator" shall mean a certified applicator who
19 applies pesticides as an employe of the Commonwealth or its
20 instrumentalities or a local agency.
21 "School" shall mean a public or private elementary or
22 secondary school wherein a resident of this Commonwealth may
23 fulfill the compulsory school attendance requirements and which
24 meets the applicable requirements of Title IV of the Civil
25 Rights Act of 1964 (Public Law 88-352, 78 Stat. 241). The term
26 also includes a kindergarten program operated by a school.
27 "Secretary" shall mean the Secretary of Agriculture of the
28 Commonwealth.
29 Section 2. This act shall take effect in 60 days.
30 SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN <--
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1 AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING A
2 SECTION TO READ:
3 SECTION 772.1. INTEGRATED PEST MANAGEMENT PROGRAMS.--(A)
4 THE FOLLOWING APPLY TO PESTICIDE APPLICATORS:
5 (1) FOR A PESTICIDE TREATMENT AT A SCHOOL BUILDING, THE
6 CERTIFIED APPLICATOR OR PESTICIDE APPLICATION TECHNICIAN SHALL
7 SUPPLY THE PEST CONTROL INFORMATION SHEET AND A PEST CONTROL
8 SIGN, WHICH MUST BE AT LEAST EIGHT AND ONE-HALF BY ELEVEN (8 1/2
9 BY 11) INCHES IN SIZE, TO THE CHIEF ADMINISTRATOR OR BUILDING
10 MANAGER.
11 (2) FOR A PESTICIDE TREATMENT ON SCHOOL GROUNDS, INCLUDING
12 ATHLETIC FIELDS AND PLAYGROUNDS, THE CERTIFIED APPLICATOR OR
13 PESTICIDE APPLICATION TECHNICIAN SHALL SUPPLY THE PEST CONTROL
14 INFORMATION SHEET AND A PEST CONTROL SIGN, WHICH MUST BE AT
15 LEAST EIGHT AND ONE-HALF BY ELEVEN (8 1/2 BY 11) INCHES IN SIZE,
16 TO THE CHIEF ADMINISTRATOR OR GROUNDS MANAGER.
17 (B) RESPONSIBILITIES OF SCHOOLS ARE AS FOLLOWS:
18 (1) EACH PUBLIC SCHOOL DISTRICT SHALL, BY JULY 1, 2002,
19 ADOPT AN INTEGRATED PEST MANAGEMENT PLAN IN ACCORDANCE WITH THE
20 INTEGRATED PEST MANAGEMENT POLICIES ESTABLISHED BY THE
21 DEPARTMENT ON THE EFFECTIVE DATE OF THIS SECTION, UNTIL
22 REGULATIONS ARE PROMULGATED BY THE DEPARTMENT.
23 (2) EXCEPT AS PROVIDED IN CLAUSE (4), NOTIFICATION OF
24 PESTICIDE TREATMENTS SHALL BE AS FOLLOWS:
25 (I) FOR A PESTICIDE TREATMENT AT A SCHOOL BUILDING, THE
26 SCHOOL SHALL BE RESPONSIBLE FOR ALL OF THE FOLLOWING:
27 (A) POSTING THE PEST CONTROL SIGN RECEIVED UNDER SUBSECTION
28 (A)(1) IN AN AREA OF COMMON ACCESS WHERE INDIVIDUALS ARE LIKELY
29 TO VIEW THE SIGN ON A REGULAR BASIS AT LEAST SEVENTY-TWO (72)
30 HOURS BEFORE AND FOR AT LEAST TWO (2) DAYS FOLLOWING EACH
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1 PLANNED TREATMENT.
2 (B) PROVIDING THE PEST CONTROL INFORMATION SHEET RECEIVED
3 UNDER SUBSECTION (A)(1) TO EVERY INDIVIDUAL WORKING IN THE
4 SCHOOL BUILDING AT LEAST SEVENTY-TWO (72) HOURS BEFORE EACH
5 PLANNED TREATMENT.
6 (C) PROVIDING NOTICE, INCLUDING THE NAME, ADDRESS AND
7 TELEPHONE NUMBER OF THE APPLICATOR PROVIDING THE TREATMENT, DAY
8 OF TREATMENT AND PESTICIDE TO BE UTILIZED, TO THE PARENTS OR
9 GUARDIANS OF STUDENTS ENROLLED IN THE SCHOOL AT LEAST SEVENTY-
10 TWO HOURS BEFORE EACH PLANNED TREATMENT AS FOLLOWS:
11 (1) NOTICE TO ALL PARENTS OR GUARDIANS UTILIZING NORMAL
12 SCHOOL COMMUNICATIONS PROCEDURES; OR
13 (2) NOTICE TO A LIST OF INTERESTED PARENTS OR GUARDIANS WHO,
14 AT THE BEGINNING OF EACH SCHOOL YEAR, OR UPON THE CHILD'S
15 ENROLLMENT, REQUESTED NOTIFICATION OF INDIVIDUAL APPLICATION OF
16 PESTICIDES. THE SCHOOL SHALL PROVIDE PROCEDURES OR MATERIALS FOR
17 SUCH REQUESTS TO PARENTS AND GUARDIANS OF STUDENTS. NOTIFICATION
18 OF EACH PESTICIDE APPLICATION SHALL BE PROVIDED USING FIRST
19 CLASS MAIL OR OTHER MEANS DEEMED APPROPRIATE BY THE SCHOOL TO
20 EACH PARENT OR GUARDIAN REQUESTING NOTIFICATION.
21 (II) FOR A PESTICIDE TREATMENT ON SCHOOL GROUNDS, THE SCHOOL
22 SHALL BE RESPONSIBLE FOR ALL OF THE FOLLOWING:
23 (A) POSTING THE PEST CONTROL SIGN RECEIVED UNDER SUBSECTION
24 (A)(2) AT THE PLACE TO BE TREATED AT LEAST SEVENTY-TWO (72)
25 HOURS BEFORE AND FOR TWO (2) DAYS AFTER THE PLANNED TREATMENT.
26 (B) PROVIDING THE PEST CONTROL INFORMATION SHEET RECEIVED
27 UNDER SUBSECTION (A)(2) 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 (III) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
16 WHERE PESTS POSE AN IMMEDIATE THREAT TO THE HEALTH AND SAFETY OF
17 STUDENTS OR EMPLOYES, THE SCHOOL MAY AUTHORIZE AN EMERGENCY
18 PESTICIDE APPLICATION. IN THE CASE OF AN EMERGENCY PESTICIDE
19 APPLICATION, THE SCHOOL SHALL NOTIFY BY TELEPHONE ANY PARENT OR
20 GUARDIAN WHO HAS REQUESTED SUCH NOTIFICATION. SCHOOL OFFICIALS
21 SHALL ANNUALLY ADVISE PARENTS OF THEIR RIGHT TO REQUEST
22 NOTIFICATION OF EMERGENCY PESTICIDE USE AND SHALL EXPLAIN
23 PROCEDURES FOR REQUESTING SUCH NOTIFICATION.
24 (3) EXCEPT AS PROVIDED IN CLAUSE (4), EACH SCHOOL SHALL
25 MAINTAIN DETAILED RECORDS OF ALL CHEMICAL PEST CONTROL
26 TREATMENTS FOR A PERIOD OF AT LEAST THREE (3) YEARS.
27 (4) THE NOTICE AND RECORDKEEPING REQUIREMENTS IN CLAUSES (2)
28 AND (3) AND SUBSECTION (C) DO NOT APPLY TO THE APPLICATION OF:
29 (I) DISINFECTANT AND ANTIMICROBIAL PRODUCTS;
30 (II) SELF-CONTAINERIZED BAITS PLACED IN AREAS NOT ACCESSIBLE
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1 TO STUDENTS AND GEL TYPE BAITS PLACED IN CRACKS, CREVICES OR
2 VOIDS; OR
3 (III) SWIMMING POOL MAINTENANCE CHEMICALS IN THE CARE AND
4 MAINTENANCE OF A SWIMMING POOL.
5 (C) THE FOLLOWING PROHIBITIONS SHALL APPLY:
6 (1) EXCEPT AS PROVIDED IN CLAUSE (2), PESTICIDES MAY NOT BE
7 APPLIED WITHIN A SCHOOL BUILDING WHERE STUDENTS ARE EXPECTED TO
8 BE PRESENT FOR NORMAL ACADEMIC INSTRUCTION OR ORGANIZED
9 EXTRACURRICULAR ACTIVITIES WITHIN SEVEN HOURS FOLLOWING THE
10 APPLICATION, OR ON THE SCHOOL OR ON SCHOOL GROUNDS WHERE
11 STUDENTS WILL BE IN THE IMMEDIATE VICINITY FOR NORMAL ACADEMIC
12 INSTRUCTION OR ORGANIZED EXTRACURRICULAR ACTIVITIES WITHIN SEVEN
13 HOURS FOLLOWING THE APPLICATION. THE APPLICATOR SHALL ALSO
14 COMPLY WITH RE-ENTRY TIME RESTRICTIONS CONTAINED ON THE
15 PESTICIDE LABEL.
16 (2) STUDENTS MAY NOT BE PRESENT IN AN UNTREATED PORTION OF
17 THE SCHOOL BUILDING UNLESS THE AREA BEING TREATED HAS A SEPARATE
18 VENTILATION SYSTEM AND IS SEPARATED FROM THE UNTREATED PORTION
19 BY SMOKE OR FIRE DOORS, OR IS A SEPARATE BUILDING.
20 (D) THE DEPARTMENT SHALL DO ALL OF THE FOLLOWING:
21 (1) MAINTAIN A HYPERSENSITIVITY REGISTRY TO ASSIST IN THE
22 NOTIFICATION OF STUDENTS AND EMPLOYES WHO ARE ESPECIALLY
23 SENSITIVE TO PESTICIDES.
24 (2) DESIGNATE AN INTEGRATED PEST MANAGEMENT COORDINATOR
25 WITHIN THE DEPARTMENT TO ASSIST SCHOOLS IN THE ADOPTION AND
26 ADMINISTRATION OF INTEGRATED PEST MANAGEMENT PLANS.
27 (3) PREPARE A STANDARD STRUCTURAL INTEGRATED PEST MANAGEMENT
28 AGREEMENT AND DISTRIBUTE THE STANDARD AGREEMENT TO SCHOOLS.
29 (4) PROVIDE OTHER MATERIALS AND ASSISTANCE TO SCHOOL
30 DISTRICTS TO AID SCHOOLS AND SCHOOL DISTRICTS IN DEVELOPING
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1 INTEGRATED PEST MANAGEMENT PLANS.
2 (5) PROMULGATE REGULATIONS, CONSISTENT WITH ITS POLICIES IN
3 EFFECT ON THE DATE OF THIS SECTION, TO ASSIST SCHOOLS IN
4 IMPLEMENTING THEIR RESPONSIBILITIES UNDER THIS SECTION.
5 (E) THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS
6 SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION
7 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
8 "APPLICATOR." A CERTIFIED APPLICATOR, COMMERCIAL APPLICATOR
9 OR PUBLIC APPLICATOR.
10 "CERTIFIED APPLICATOR." AN INDIVIDUAL WHO IS CERTIFIED UNDER
11 SECTION 16.1, 17 OR 17.1 OF THE ACT OF MARCH 1, 1974 (P.L.90,
12 NO.24), KNOWN AS THE "PENNSYLVANIA PESTICIDE CONTROL ACT OF
13 1973," AS COMPETENT TO USE OR SUPERVISE THE USE OR APPLICATION
14 OF ANY PESTICIDE.
15 "COMMERCIAL APPLICATOR." A CERTIFIED APPLICATOR, WHETHER OR
16 NOT HE IS A PRIVATE APPLICATOR WITH RESPECT TO SOME USES, WHO
17 USES OR SUPERVISES THE USE OF ANY PESTICIDE ON THE PROPERTY OR
18 PREMISES OF ANOTHER OR ON EASEMENTS GRANTED UNDER STATE LAW, OR
19 ANY APPLICATOR WHO USES OR SUPERVISES THE USE OF ANY RESTRICTED-
20 USE PESTICIDE ON PROPERTY OWNED OR RENTED BY HIM OR HIS
21 EMPLOYER, WHEN NOT FOR PURPOSES OF PRODUCING AN AGRICULTURAL
22 PRODUCT. THE SECRETARY OF AGRICULTURE MAY BY REGULATION DEEM
23 CERTAIN TYPES OF APPLICATORS USING ANY PESTICIDE ON THEIR OWN
24 PROPERTY OR THAT OF THEIR EMPLOYER AS COMMERCIAL APPLICATORS.
25 "DEPARTMENT." THE DEPARTMENT OF AGRICULTURE OF THE
26 COMMONWEALTH.
27 "INSECT." ANY OF THE NUMEROUS SMALL INVERTEBRATE ANIMALS
28 GENERALLY HAVING A MORE OR LESS OBVIOUSLY SEGMENTED BODY, FOR
29 THE MOST PART BELONGING TO THE CLASS INSECTA, COMPRISING SIX-
30 LEGGED, USUALLY WINGED FORMS, AS, FOR EXAMPLE, BEETLES, BUGS,
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1 BEES AND FLIES, AND TO OTHER ALLIED CLASSES OF ARTHROPODS WHOSE
2 MEMBERS ARE WINGLESS AND USUALLY HAVE MORE THAN SIX (6) LEGS,
3 AS, FOR EXAMPLE, SPIDERS, MITES, TICKS, CENTIPEDES AND WOOD
4 LICE.
5 "INTEGRATED PEST MANAGEMENT PLAN." A PLAN WHICH ESTABLISHES
6 A SUSTAINABLE APPROACH TO MANAGING PESTS BY COMBINING
7 BIOLOGICAL, CULTURAL, PHYSICAL AND CHEMICAL TOOLS IN A WAY WHICH
8 MINIMIZES ECONOMIC, HEALTH AND ENVIRONMENTAL RISKS.
9 "NEMATODE." AN INVERTEBRATE ANIMAL OF THE PHYLUM
10 NEMATHELMINTHES AND CLASS NEMATODA, THAT IS, UNSEGMENTED ROUND
11 WORMS WITH ELONGATED, FUSIFORM OR SAC-LIKE BODIES COVERED WITH
12 CUTICLE AND INHABITING SOIL, WATER, PLANTS OR PLANT PARTS. THE
13 TERM INCLUDES NEMAS AND EELWORMS.
14 "PERSON." AN INDIVIDUAL, PARTNERSHIP, ASSOCIATION,
15 CORPORATION OR ANY ORGANIZED GROUP OF PERSONS, WHETHER
16 INCORPORATED OR NOT.
17 "PEST." AN INSECT, RODENT, NEMATODE, FUNGUS, WEED OR OTHER
18 FORM OF TERRESTRIAL OR AQUATIC PLANT OR ANIMAL LIFE OR VIRUS,
19 BACTERIA OR OTHER MICRO-ORGANISM, EXCEPT VIRUSES, BACTERIA OR
20 OTHER MICRO-ORGANISMS ON OR IN LIVING MAN OR OTHER LIVING
21 ANIMALS, DECLARED TO BE A PEST UNDER SECTION 25(C)(1) OF THE
22 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (61 STAT.
23 163, 7 U.S.C. § 136W).
24 "PEST CONTROL INFORMATION SHEET." A DOCUMENT WHICH CONTAINS
25 THE DATE OF TREATMENT, THE NAME, ADDRESS AND TELEPHONE NUMBER OF
26 THE APPLICATOR, THE PESTICIDE UTILIZED AND ANY OTHER INFORMATION
27 THAT IS REQUIRED BY THE SECRETARY OF AGRICULTURE.
28 "PESTICIDE." A SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
29 FOR PREVENTING, DESTROYING, REPELLING OR MITIGATING A PEST AND A
30 SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT
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1 REGULATOR, DEFOLIANT OR DESICCANT.
2 "PESTICIDE APPLICATION TECHNICIAN." AN INDIVIDUAL EMPLOYED
3 BY A COMMERCIAL APPLICATOR OR GOVERNMENTAL AGENCY WHO, HAVING
4 MET THE COMPETENCY REQUIREMENTS AS SET FORTH IN THE ACT OF MARCH
5 1, 1974 (P.L.90, NO.24), KNOWN AS THE "PENNSYLVANIA PESTICIDE
6 CONTROL ACT OF 1973," IS REGISTERED BY THE SECRETARY OF
7 AGRICULTURE TO APPLY PESTICIDES UNDER THE DIRECT SUPERVISION OF
8 A CERTIFIED APPLICATOR.
9 "PUBLIC APPLICATOR." A CERTIFIED APPLICATOR WHO APPLIES
10 PESTICIDES AS AN EMPLOYE OF THE COMMONWEALTH OR ITS
11 INSTRUMENTALITIES OR A LOCAL AGENCY.
12 "SCHOOL." A SCHOOL DISTRICT, AN INTERMEDIATE UNIT, AN AREA
13 VOCATIONAL-TECHNICAL SCHOOL OR ANY OF THESE ENTITIES ACTING
14 JOINTLY.
15 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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