School Pesticide Neighbor Notification Law Reminder
The School Pesticide Neighbor Notification Law requires and outlines an annual notification process for all faculty, staff, and persons in parental relation in public and nonpublic elementary and secondary schools. The law covers all instructional and administrative buildings and grounds, including playgrounds, athletic fields, and bus garages. The following questions and answers address issues related to the School Pesticide Neighbor Notification process.
When did the law become effective?
- The law became effective on July 1, 2001.
Who must comply with the new Pesticide Neighbor Notification Law?
- The law applies to all public and nonpublic schools and BOCES.
What is a pesticide?
- Part 325.1 of New York State Department of Environmental Conservation (DEC) regulation defines pesticides as: any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans or other animals, which DEC shall declare to be a pest. The DEC definition of pesticides includes products classified as insecticides, rodenticides, fungicides, and herbicides.
What types of school facilities does the law effect?
- The law covers all instructional and administrative buildings and grounds. This includes all playgrounds, athletic fields, and bus garages.
Who is responsible for ensuring compliance with the law?
- At the local level, each school district and nonpublic school must designate an employee of the school to act as the school pesticide representative. This person is the school contact for any pesticide application questions or issues.
- At the State level, the Education Department is charged with ensuring compliance.
Are there penalties associated with non-compliance?
- Yes. The State Education Department may withhold district state aid monies if it is proven that the school district or nonpublic school has failed to adopt the provisions specified in the law. Schools will be provided thirty days notice of this withholding during which time they may present evidence of extenuating circumstances related to their alleged non-compliance.
Are all pesticide applications covered under this law?
- No. The following applications are excluded from notification:
- anti-microbial pesticides and products
- aerosol products with a directed spray in containers of 18 fluid ounces or less when used to protect individuals from an imminent threat from stinging and biting insects, including venomous spiders, bees, wasps, and hornets
- nonvolatile rodenticides in tamper resistant bait stations or in areas inaccessible to children
- silica gels and other nonvolatile ready-to-use paste, foam, and gel formulations of insecticides in areas inaccessible to children
- nonvolatile insecticidal baits in tamper resistant bait stations or in areas inaccessible to children
- boric acid and disodium octaborate tetrahydrate
- a product designated by the US Environmental Protection Agency (EPA) as a biopesticide (www.epa.gov/pesticides/biopesticides/)
- a product classified by the EPA as an exempt material under 40 CFR 152.25
- an emergency application of a pesticide to protect against an imminent threat to human health
- a pesticide application which occurs when the facility remains unoccupied for a continuous seventy-two hours following the application.
Notification Guidance
The School Pesticide Neighbor Notification Law and Commissioner's Regulation 155.24 cites specific parties who must be notified, as well as the times and circumstances related to the notification process. Likewise, Commissioner's Regulation 155.24 requires a notification process during the summer school period. The following describes these processes.
School Year Notification Requirements
Beginning of Each School Year
A written notice must be provided to all students, persons in parental relation, and staff at the beginning of each school year with a statement that pesticide applications may take place during the upcoming school year. This notice must include the name of the school representative to contact for further information. The basics of the school IPM program should also be explained at this time. The notice must offer individuals an opportunity to register to receive a written notification at least forty-eight hours prior to pesticide applications, including instructions on how to register with the school to be on the notification list. Individuals may request that their name be added to the registry at any point during the school year.
This notification may be provided in any of the following methods on or before the end of the first week of school:
- a written notice provided directly to students and staff
- a written notice delivered in a receptacle designated for specific students and staff
- a notice mailed to the student's or staff's home address
- a notice in a school newsletter
If a student enrolls or if a person commences employment after the beginning of the school year, the notification must be provided within one week of enrollment or start of employment.
Forty-Eight Hour Registry Notification Protocol
Not less than forty-eight hours prior to a pesticide application, individuals on the forty-eight hour registry must be provided with written notification containing the following information:
- the specific date and location of the application (outdoor applications may include an alternate date due to potential weather conditions)
- the name of the product, including the EPA pesticide registration number
- the name and phone number of the school representative to contact for information
The forty-eight hour written notification must also include the following statement:
This notice is to inform you of a pending pesticide application to a school facility. You may wish to discuss with the designated school representative what precautions are being taken to protect your child from exposure to these pesticides. Further information about the product(s) being applied, including any warnings that appear on the label of the pesticide(s) that are pertinent to the protection of humans, animals, or the environment, can be obtained by calling the National Pesticide Telecommunications Network Information Line at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Information Line at 1-800-458-1158.
The written notification may be provided in any of the following methods:
- a notice provided directly to persons on the registry
- a notice delivered in a receptacle designated for persons on the registry
- a notice mailed to the home address of persons on the registry
- a notice sent electronically to persons on the registry
- a notice sent by FAX to persons on the registry
The notification must also be posted in a public location within the relevant facility.
Emergency Pesticide Application Protocol
If an emergency pesticide application is necessary to protect against an imminent threat to human health, a good faith effort must be made to supply the written notification to individuals on the forty-eight hour registry, prior to the actual application.
A notification must also be provided to the State Department of Health with the following information:
- the name of the person making the pesticide application
- the pesticide business registration number or certified applicator number of the person making the application
- the date and location of the application
- the name of the product, including the EPA pesticide registration number
- the reason for the pesticide application
Pesticide Application Summary Reports
All staff and persons in parental relation must be provided with a written summary of pesticide applications three times each school year at the following intervals:
- within ten days of the end of the school year
- within two school days of the end of winter recess
- within two school days of the end of spring recess
The written summary must include the following information for the period covered since the previous written summary report:
- the date and location of pesticide applications
- the names of the products used
- a reminder that schools must offer individuals an opportunity to register to receive a written notification forty-eight hours prior to pesticide applications, including instructions on how to register with the school to be on the notification list
- information on how to obtain further information about the products were applied, including any warnings that appear on the label of the pesticide(s) that are pertinent to the protection of humans, animals, or the environment
- the name and phone number of the school representative to contact for additional information.
Question: If a school does not use any pesticide products in buildings or grounds, other than those cited as exempt under Education Law 409-H, is the school still required to provide follow-up written notifications to all persons in parental relation and staff at the following intervals: within ten days of the end of the school year; and within two days of the end of winter recess, spring recess, and summer school?
Answer: No, however if an emergency application is necessary to protect against an imminent threat to human health, the school must make a good faith effort to notify all persons in parental relation and staff in writing prior to the emergency application. If the product used falls under those classified as exempt under Education Law 409-H, the notification is not required. Schools must still provide the initial written notification to all persons in parental relation and staff at the beginning of the school year or summer school session informing them of the name and phone number of the school pesticide representative to contact for further information on the school's pest management policies and procedures.
Summer School Notification Requirements
Beginning of Summer School
A written notice must be provided to students, persons in parental relation, and staff enrolled, employed, or involved in summer school at the beginning of the summer school session with a statement that pesticide applications may take place during summer school, including the name of a school representative to contact for further information.
The notice must offer individuals an opportunity to register to receive a written notification at least forty-eight hours prior to pesticide applications, including instructions on how to register with the school to be on the notification list. Individuals may request that their name be added to the registry at any point during the summer school session.
This notification may be provided in any of the following methods on or before the end of the fi first week of the summer school session:
- a written notice provided directly to students and staff
- a written notice delivered in a receptacle designated for specific students and staff
- a notice mailed to the student's or staff's home address
- a notice in a school newsletter
If a student enrolls or if a person commences employment after the beginning of the summer school session, the notification must be provided within one week of their enrollment or start of employment.
Summer School Forty-Eight Hour Registry Notification Protocol
Not less than forty-eight hours prior to a pesticide application, individuals on the summer school forty-eight hour registry must be provided with written notification with the following information:
- the specific date and location of the application (outdoor applications may include an alternate date due to potential weather conditions)
- the name of the product, including the EPA pesticide registration number
- the name and phone number of a school representative to contact for information
The forty-eight hour written notification must also include the following statement:
This notice is to inform you of a pending pesticide application to a school facility. You may wish to discuss with the designated school representative what precautions are being taken to protect your child from exposure to these pesticides. Further information about the product(s) being applied, including any warnings that appear on the label of the pesticide(s) that are pertinent to the protection of humans, animals, or the environment, can be obtained by calling the National Pesticide Telecommunications Network Information Line at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Information Line at 1-800-458-1158.
This written notification may be provided in any of the following methods:
- a notice provided directly to persons on the registry
- a notice delivered in a receptacle designated for persons on the registry
- a notice mailed to the home address of persons on the registry
- a notice sent electronically persons on the registry
- a notice sent by FAX to persons on the registry
The notification must also be posted in a public location within the relevant facility.
Summer School Emergency Pesticide Application Protocol
If an emergency pesticide application is necessary during summer school to protect against an imminent threat to human health, a good faith effort must be made to supply the written notification to individuals on the forty-eight hour registry prior to the actual application.
A notification must also be provided to the State Department of Health with the following information:
- the name of the person making the pesticide application
- the pesticide business registration number or certified applicator number of the person making the application
- the date and location of the application
- the name of the product, including the EPA pesticide registration number
- the reason for the pesticide application
Summer School Pesticide Application Summary Report
All staff and persons in parental relation enrolled, employed, or involved in summer school must be provided with a written summary of pesticide applications within two days of the end of summer school.
The summary must include the following information for the summer school period:
- the date and location of pesticide applications
- the names of the products used
- a reminder that schools must offer individuals an opportunity to register to receive a written notification forty-eight hours prior to pesticide applications, including instructions on how to register with the school to be on the notification list
- information on how to obtain further information about the products were applied, including any warnings that appear on the label of the pesticide(s) that are pertinent to the protection of humans, animals, or the environment
- the name and phone number of a school representative to contact for additional information.