HOUSE AMENDED
PRIOR PRINTER'S NOS. 761, 1405 PRINTER'S NO. 1787
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, WAGNER AND C. WILLIAMS, MARCH 23, 2001
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 13, 2002
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 pest
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 Pest Management Programs.--(a) <--
13 The following apply to pesticide applicators:
14 (1) For a pesticide treatment at a school building, the
15 certified applicator or pesticide application technician shall
16 supply the pest control information sheet and a pest control
17 sign, which must be at least eight and one-half by eleven (8 1/2
18 by 11) inches in size, to the chief administrator or building
1 manager.
2 (2) For a pesticide treatment on school grounds, including
3 athletic fields and playgrounds, the certified applicator or
4 pesticide application technician shall supply the pest control
5 information sheet and a pest control sign, which must be at
6 least eight and one-half by eleven (8 1/2 by 11) inches in size,
7 to the chief administrator or grounds manager.
8 (b) Responsibilities of schools are as follows:
9 (1) Each public school district shall, by July 1, 2002,
10 SECTION 772.1 INTEGRATED PEST MANAGEMENT PROGRAMS.--(A) <--
11 EACH PUBLIC SCHOOL DISTRICT SHALL, BY JULY 1, 2002, adopt an
12 integrated pest management plan in accordance with the
13 integrated pest management policies established by the
14 department on the effective date of this section, until
15 regulations are promulgated by the department.
16 (2) Except as provided in clause (4), notification of <--
17 pesticide treatments shall be as follows:
18 (i) For a pesticide treatment at a school building, the
19 school shall be responsible for all of the following:
20 (A) Posting the pest control sign received under subsection
21 (a)(1) in an area of common access where individuals are likely
22 to view the sign on a regular basis at least seventy-two (72)
23 hours before and for at least two (2) days following each
24 planned treatment.
25 (B) Providing the pest control information sheet received
26 under subsection (a)(1) to every individual working in the
27 school building at least seventy-two (72) hours before each
28 planned treatment.
29 (C) Providing notice, including the name, address and
30 telephone number of the applicator providing the treatment, day
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1 of treatment and pesticide to be utilized, to the parents or
2 guardians of students enrolled in the school at least seventy-
3 two hours before each planned treatment as follows:
4 (1) Notice to all parents or guardians utilizing normal
5 school communications procedures; or
6 (2) Notice to a list of interested parents or guardians who,
7 at the beginning of each school year, or upon the child's
8 enrollment, requested notification of individual application of
9 pesticides. The school shall provide procedures or materials for
10 such requests to parents and guardians of students. Notification
11 of each pesticide application shall be provided using first
12 class mail or other means deemed appropriate by the school to
13 each parent or guardian requesting notification.
14 (ii) For a pesticide treatment on school grounds, the school
15 shall be responsible for all of the following:
16 (A) Posting the pest control sign received under subsection
17 (a)(2) at the place to be treated at least seventy-two (72)
18 hours before and for two (2) days after the planned treatment.
19 (B) Providing the pest control information sheet received
20 under subsection (a)(2) to every individual working in the
21 school building at least seventy-two (72) hours before each
22 planned treatment.
23 (C) Providing notice, including the name, address and
24 telephone number of the applicator providing the treatment, day
25 of treatment and pesticide to be utilized, to the parents or
26 guardians of students enrolled in the school at least seventy-
27 two hours before each planned treatment as follows:
28 (1) Notice to all parents or guardians utilizing normal
29 school communications procedures; or
30 (2) Notice to a list of interested parents or guardians who,
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1 at the beginning of each school year, or upon the child's
2 enrollment, requested notification of individual application of
3 pesticides. The school shall provide procedures or materials for
4 such requests to parents and guardians of students. Notification
5 of each pesticide application shall be provided using first
6 class mail or other means deemed appropriate by the school to
7 each parent or guardian requesting notification.
8 (iii) Notwithstanding any other provision of this section,
9 where pests pose an immediate threat to the health and safety of
10 students or employes, the school may authorize an emergency
11 pesticide application. In the case of an emergency pesticide
12 application, the school shall notify by telephone any parent or
13 guardian who has requested such notification. School officials
14 shall annually advise parents of their right to request
15 notification of emergency pesticide use and shall explain
16 procedures for requesting such notification.
17 (3) Except as provided in clause (4), each school shall
18 maintain detailed records of all chemical pest control
19 treatments for a period of at least three (3) years.
20 (4) The notice and recordkeeping requirements in clauses (2)
21 and (3) and subsection (c) do not apply to the application of:
22 (i) disinfectant and antimicrobial products;
23 (ii) self-containerized baits placed in areas not accessible
24 to students and gel type baits placed in cracks, crevices or
25 voids; or
26 (iii) swimming pool maintenance chemicals in the care and
27 maintenance of a swimming pool.
28 (c) The following prohibitions shall apply:
29 (1) Except as provided in clause (2), pesticides may not be
30 applied within a school building where students are expected to
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1 be present for normal academic instruction or organized
2 extracurricular activities within seven hours following the
3 application, or on the school or on school grounds where
4 students will be in the immediate vicinity for normal academic
5 instruction or organized extracurricular activities within seven
6 hours following the application. The applicator shall also
7 comply with re-entry time restrictions contained on the
8 pesticide label.
9 (2) Students may not be present in an untreated portion of
10 the school building unless the area being treated has a separate
11 ventilation system and is separated from the untreated portion
12 by smoke or fire doors, or is a separate building.
13 (d) (B) The department shall do all of the following: <--
14 (1) Maintain a Hypersensitivity Registry to assist in the
15 notification of students and employes who are especially
16 sensitive to pesticides.
17 (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 (3) Prepare a standard structural integrated pest management
21 agreement and distribute the standard agreement to schools.
22 (4) Provide other materials and assistance to school
23 districts to aid schools and school districts in developing
24 integrated pest management plans.
25 (5) Promulgate regulations, consistent with its policies in
26 effect on the date of this section, to assist schools in
27 implementing their responsibilities under this section.
28 (e) (C) The following words and phrases when used in this <--
29 section shall have the meanings given to them in this subsection
30 unless the context clearly indicates otherwise:
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1 "Applicator." A certified applicator, commercial applicator <--
2 or public applicator.
3 "Certified applicator." An individual who is certified under
4 section 16.1, 17 or 17.1 of the act of March 1, 1974 (P.L.90,
5 No.24), known as the "Pennsylvania Pesticide Control Act of
6 1973," as competent to use or supervise the use or application
7 of any pesticide.
8 "Commercial applicator." A certified applicator, whether or
9 not he is a private applicator with respect to some uses, who
10 uses or supervises the use of any pesticide on the property or
11 premises of another or on easements granted under State law, or
12 any applicator who uses or supervises the use of any restricted-
13 use pesticide on property owned or rented by him or his
14 employer, when not for purposes of producing an agricultural
15 product. The Secretary of Agriculture may by regulation deem
16 certain types of applicators using any pesticide on their own
17 property or that of their employer as commercial applicators.
18 "Department." The Department of Agriculture of the
19 Commonwealth.
20 "Insect." Any of the numerous small invertebrate animals <--
21 generally having a more or less obviously segmented body, for
22 the most part belonging to the class Insecta, comprising six-
23 legged, usually winged forms, as, for example, beetles, bugs,
24 bees and flies, and to other allied classes of arthropods whose
25 members are wingless and usually have more than six (6) legs,
26 as, for example, spiders, mites, ticks, centipedes and wood
27 lice.
28 "Integrated pest management plan." A plan which establishes
29 a sustainable approach to managing pests by combining
30 biological, cultural, physical and chemical tools in a way which
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1 minimizes economic, health and environmental risks.
2 "Nematode." An invertebrate animal of the phylum <--
3 Nemathelminthes and class Nematoda, that is, unsegmented round
4 worms with elongated, fusiform or sac-like bodies covered with
5 cuticle and inhabiting soil, water, plants or plant parts. The
6 term includes nemas and eelworms.
7 "Person." An individual, partnership, association,
8 corporation or any organized group of persons, whether
9 incorporated or not.
10 "Pest." An insect, rodent, nematode, fungus, weed or other
11 form of terrestrial or aquatic plant or animal life or virus,
12 bacteria or other micro-organism, except viruses, bacteria or
13 other micro-organisms on or in living man or other living
14 animals, declared to be a pest under section 25(c)(1) of the
15 Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat.
16 163, 7 U.S.C. § 136w).
17 "Pest control information sheet." A document which contains <--
18 the date of treatment, the name, address and telephone number of
19 the applicator, the pesticide utilized and any other information
20 that is required by the Secretary of Agriculture.
21 "Pesticide." A substance or mixture of substances intended
22 for preventing, destroying, repelling or mitigating a pest and a
23 substance or mixture of substances intended for use as a plant
24 regulator, defoliant or desiccant.
25 "Pesticide application technician." An individual employed <--
26 by a commercial applicator or governmental agency who, having
27 met the competency requirements as set forth in the act of March
28 1, 1974 (P.L.90, No.24), known as the "Pennsylvania Pesticide
29 Control Act of 1973," is registered by the Secretary of
30 Agriculture to apply pesticides under the direct supervision of
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1 a certified applicator.
2 "Public applicator." A certified applicator who applies
3 pesticides as an employe of the Commonwealth or its
4 instrumentalities or a local agency.
5 "School." A school district, an intermediate unit, an area
6 vocational-technical school or any of these entities acting
7 jointly.
8 Section 2. This act shall take effect in 60 days.
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