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The important time sensitive information contained in this document affects the following parties:
- Pest management professionals who handle pest management in schools
- School Administrators
- Daycare Center Operators
- School-Age Child Care Program Operators
- Anyone involved in rights of way maintenance
Recent legislation (An Act Protecting Children And Families From Harmful Pesticides-Chapter 85 of the Acts of 2000) that amends the Massachusetts Pesticide Control Act (Chapter 132B of the M.G.L.) takes effect on November 1, 2000.
This new legislation primarily addresses the use of pesticides in schools, day care centers, and school-age childcare programs. Other sections of the legislation include but are not limited to notification and posting requirements, pesticide use along rights-of-way, applicator competency evaluation, generic integrated pest management plans etc. Ultimately, the new legislation intent is to encourage the use of integrated pest management (IPM) and minimize pesticide exposure especially to children and employees.
The Department of Agricultural Resources-Pesticide Bureau is responsible for the implementation of this new legislation. Therefore, this USER GUIDE is intended to provide interim guidance and interpretation to those individuals who will most likely be affected such as Pesticide Management Professionals, School Administrators and Personnel, Day Care Operators, School-Age Child Care Programs, and other interested parties.
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Those persons who perform, contract, and/or administratively oversee pest management services for schools, day care centers, and school-aged child care programs play significant roles in the implementation of these new changes. Also, the new changes include others such as utility companies and state agencies.
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For Public and Private schools, Day Care Centers, and School-Age Child care Programs
Definitions:
School property
- Property on which there are school buildings
- Property on which there is school managed athletic fields
- Property that is primarily used for school managed activities regardless of who maintains the property.
Standard Written Notification Form (available from the Pesticide Bureau web page)
- approximate dates when the application shall commence and conclude;
- specific location of the application;
- product name, type and EPA Registration number of the pesticide;
- a Massachusetts Pesticide Bureau Fact Sheet;
- a description of the purpose of the application and
- a Massachusetts Pesticide Bureau approved statement-describing ways to minimize exposure and precautions to be taken.
Note: It is recommended that the Pest Management Professional obtain the Standard Written Notification Form (see above), complete it, and provide this ready-to-copy form to the school, day care center, and/or school age child care program BUT the school, day care center, and/or school age child care program is responsible for providing the information to employees, pupils, parents etc.
The standard written notification does not need to be sent out if a pesticide application is going to be made on school property during a period when classes or other activities will not be scheduled for at least five (5) consecutive days after the date of the application. Again, the pest management professional must make every effort to ascertain the status of the property for the five-day period. Pest Management professionals would be prudent to request in writing a statement from the school, day care center, and/or school-age child care program regarding the status.
It behooves the school, day care center, and/or school-age child care program to follow the notification law all the time for the indoor use, and the applicator should strongly insist that they do so. Larval mosquito control and anti-microbial pesticides are exempt from this notification.
Finally, a copy of this new legislation is available on our web page www.massdfa.org/cpa/cpa.htm
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As of November, 1 2000:
- you cannot apply pesticides indoors while children are on the property, except for anti-microbial pesticides such as bleach; rodenticides placed in tamper resistant baits; insecticide baits; ready-to-use dusts, gels, or powder formulations; termiticides in the presence of an active termite infection and only when non-chemical alternatives have been determined to be ineffective; and certain pesticides exempted under section 25B such as mint oil and baking soda.
- it is strongly recommended that the pesticide management professional provide the school, day care center, and/or school-age child care program with a standard written notification for indoor applications of pesticides except in the cases of anti-microbial pesticides such as bleach; rodenticides placed in tamper resistant baits; insecticidal baits; ready-to-use dusts, gels, or powder formulations; and certain pesticides exempted under section 25B such as mint oil and baking soda.
- it is strongly recommended that pest management professionals should complete and provide information for the standard written notification form to schools, day care centers, and school-age child care programs. Thereafter, the schools, day care centers, and school-age childcare programs must notify parent, staff, and students at least two (2) working days before the indoor application is to commence. application.
- school, day care center, and/or school-age childcare program must maintain written or electronic records of all pesticide use for 5 years.
- the only pesticides you can use indoors will be anti-microbial pesticides such as bleach; rodenticides placed in tamper resistant baits; insecticidal baits; ready-to-use dusts, gels, or powder formulations; termiticides in the presence of an active termite infection and only when non-chemical alternatives have been determined to be ineffective; and certain pesticides exempted under section 25B such as mint oil and cedar oil.
Note: Emergency exemptions (see emergency provisions section below)
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As of November, 1 2000:
- the pest management professional cannot use pesticides on outdoor property while children are located in, on, or adjacent to the area of pesticide application.
- the pest management professional you cannot use any pesticides on school property within 150 feet of where children are located, either inside or outside or are reasonably expected to enter within an eight hour period of time.
- the school, day care center, and/or school-age child care program must provide a standard written notification to parents, staff, and students at least 2 days before pesticide use, post standard written notification in conspicuous common areas at least two (2) days prior to pesticide use and leave posted for at least 72 hours, and insure that the perimeter of location of pesticide use is posted.
- the pest management professional must complete and provide information for the standard written notification to schools, day care centers, and school-age childcare programs. The school, day care center, and school-age child care program is responsible for making and insuring the notification and posting requirements are satisfied. Note: You can not use pesticides later than 72 hours after the approximate date. The Pest Management Professional must assure themselves that the school, day care center, and school-age child care program sent out the written notice, that treated areas were posted with clear and conspicuous warning signs along the perimeter, and at a minimum, check to be sure there are no children within 150 feet at the time of application.
- school, day care center, and/or school-age childcare program must maintain written or electronic records of all pesticide use for 5 years
- the pest management professional must post along the entire perimeter of the area to be treated at schools, day care centers, and/or school-age child care programs. The posting must be clear and conspicuous. Until specific posting standards are developed, the warning signs for turf application currently required is acceptable.
- you cannot use any pesticides for purely aesthetic reasons on the property of schools, day care centers, and school age childcare programs unless the city or town provides written permission for their use.
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As of November 1, 2000, the Board of Health or the Department of Agricultural Resources-Pesticide Bureau must approve situations that a school, day care center, and/or school-age childcare program deem an emergency. Each situation must be considered individually, no blanket approval will be given. The two criteria of whether the pest situation poses an immediate threat to human health or whether no viable alternatives to the use of chemical pesticides exist will be used. Further, in such an emergency situation, the school official or operator of a day care center or school-age child care program shall also ensure that standard written notification is provided to employees, pupils or supervised children and their parents or guardians immediately prior to or, if necessary, immediately following the emergency spraying, release, deposit or application.
Note: The Pest Management Professional should obtain a copy of the notice as soon as possible following the application and retain a copy as a part of the official pesticide application records. The school administration must ensure that there is a conspicuous posting near the area to be treated, and around the perimeter.
In such an emergency situation, the school official or operator of a day care center or school-age child care program shall also ensure that standard written notification is provided to employees, pupils or supervised children and their parents or guardians immediately prior to or, if necessary, immediately following the emergency spraying, release, deposit or application.
Pest Management Professionals should obtain a copy of the notice as soon as possible following the application and retain a copy as a part of the official pesticide application records. If the applicator can not determine that both the written notice was sent, and the required posting was made, they must not make the application. While Pest Management Professionals do not issue the written notice, they do furnish information to the school. If the school has no signs to be posted, the Pest Management Professional should be prepared with signs, develop policies that eliminate or reduce the use of pesticides for vegetation management along roadways.
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As of November 1, 2000, state agencies must furnish the employees using pesticides using pesticides, or who may be present during pesticide use personal protective equipment (PPE) and clothing as required by state and federal law and the directions on: labels, MDSS and supportive data. Label directions will be the criteria for what personal protective equipment must be furnished. The applicators, their employees or the utility companies must furnish the PPE information to any state authority/agency who may have employees accompanying a crew applying the ROW pesticides and post them prior to the application.
For more information or to keep informed go to the Massachusetts Pesticide Bureau web site.
If you have any questions, email School.IPM-Plans@state.ma.us. Important: Questions pertaining to regulatory interpretation of this new legislation should be addressed only by the Department of Agricultural Resources-Pesticide Bureau at 617-626-1781.
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As of November, 1 2000:
- notice must be given, by registered mail, regarding ROW applications to community officials (mayor, city manager, and chair of board of selectmen, conservation commission) 21 days before application and the publishing in a general circulation newspaper at least 48 hours prior to application. The application can not start sooner than 10 days before, and must conclude no later than 10 days after the approximate date.
- the notice to the city or town shall consist of the method and location of the pesticide use, the approximate dates beginning and ending of the pesticide use, the type of pesticide to be used, copy of the label and labeling of the pesticide, EPA Reg #, a department approved fact sheet, name, address, license number of the applicator.
- agencies and authorities of the Commonwealth must develop policies that eliminate or reduce the use of pesticides for vegetation management along roadways.
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