32-2307

32-2307. Notification of pesticide
applications to schools and child care facilities; exemptions;
definitions

A. A business licensee or licensed applicator shall notify a school or a child care
facility at least seventy-two hours in advance of any pesticide application in order to
permit the school to comply with section 15-152 and the child care facility to comply
with section 36-898. The seventy-two hour advance notice shall include the date and time
the application is to occur. The seventy-two hour advance notice shall also include the
brand name, concentration, rate of application, pesticide label and material safety data
sheet and any use restrictions required by the pesticide label. Only an individual
holding an applicator license may make pesticide applications at schools and child care
facilities.

B. Immediately prior to application of a pesticide a business licensee or licensed
applicator shall provide the school or child care facility with a written preapplication
notification containing the following information:

1. The brand name, concentration and rate of application and any use restrictions
required by the label of the herbicide or specific pesticide.

2. The area or areas where the pesticide is to be applied.

3. The date and time the application is to occur.

4. The pesticide label and the material safety data sheet.

C. The pesticide label and material safety data sheet may be used in place of the
information required pursuant to subsections A and B of this section if all of the
information required by those subsections is already contained on the label or material
safety data sheet.

D. The following pesticide applications are exempt from the notification
requirement prescribed in subsections A and B of this section:

1. Nonresidual pesticide applications performed or contracted by public health
agencies for adult vector control, provided that oral notification is attempted at least
seventy-two hours before the application, when possible, to the school office or child
care facility office with a statement of the pest problem, treatment procedure, area to
be treated and approximate time of the application.

2. Emergency applications of a pesticide that has a toxicity category of III or IV
pursuant to 40 Code of Federal Regulations section 156.62 to control harmful pests that
pose an immediate threat to the public health. Under the circumstances described in this
paragraph or paragraph 1 of this subsection, the business licensee or licensed applicator
shall do all of the following:

(a) Notify the school office or child care facility office before the application
with a statement of the pest problem, treatment procedure, area to be treated and
approximate time of application.

(b) Immediately after the application has been completed, notify the school office
or the child care facility office of the name of the pesticide applied, the formulation,
the strength and dosage and the date and time of application and provide the pesticide
label.

(c) Post the treated area immediately after the application. The posting shall be
at least eight and one-half inches by eleven inches and shall include the name of the
pesticide, the registration number issued by the United States environmental protection
agency, the date and time of application and the name and telephone number of the
business licensee and licensed applicator. A copy of the posting shall also be placed at
the main entrance to the school or child care facility. The posting and the copy of the
posting shall remain in place for at least forty-eight hours after the application.

3. Disinfectants or swimming pool chemicals.

4. Block, gel or paste-type bait that is a toxicity category III or IV formulation
of insecticide pursuant to 40 Code of Federal Regulations section 156.62 and that is
either of the following:

(a) Secured in an enclosed, tamper-resistant bait station and placed in an area
that is inaccessible to children.

(b) Applied to a crack or crevice inaccessible to children.

5. Block-type bait that is a toxicity level III or IV formulation of rodenticide
pursuant to 40 Code of Federal Regulations section 156.62 and that is secured in an
enclosed, tamper-resistant bait station placed in an area inaccessible to children.

6. Personal repellants.

7. Any pesticide exempt from regulation by the United States environmental
protection agency pursuant to the federal insecticide, fungicide and rodenticide act (7
United States Code section 136w).

E. The provisions of this chapter shall regulate and determine all requirements
regarding licenses, fees, testing, education, and all other requirements regarding the
business of pest control for persons licensed pursuant to this chapter.

F. For the purposes of this section:

1. "Child care facility" means a facility regulated pursuant to title 36, chapter
7.1.

2. "Pesticides" does not include nonrestricted use disinfectants, sanitizers or
deodorizers.

3. "School" means an educational institution that provides instruction in
prekindergarten programs, kindergarten programs or any of grades one through twelve.