Pesticide Application on Schools

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Education Code
17610.  (a) It is the policy of the state that effective least toxic
pest management practices should be the preferred method of managing
pests at schoolsites and that the state, in order to reduce children'
s exposure to toxic pesticides, shall take the necessary steps,
pursuant to Article 17 (commencing with Section 13180) of Chapter 2
of Division 7 of the Food and Agricultural Code, to facilitate the
adoption of effective least toxic pest management practices at
schoolsites. It is the intent of the Legislature to encourage
appropriate training to be provided to school personnel involved in
the application of a pesticide at a schoolsite.
   (b) (1) A property owner of a property where a child day care
facility is located, or the property owner's agent, who personally
applies any pesticides on any area listed in paragraph (2) shall
provide notice to the child day care facility as described in
paragraph (3) at least 120 hours before the application, unless an
emergency condition, as defined in Section 17609, exists.
   An owner of property on which a child day care facility is located
shall be subject to the requirement to provide notice pursuant to
this subdivision 30 days after it has received notice from a child
day care facility of its presence at the property, unless the
property owner, or his or her agent received that notice pursuant to
paragraph (1) of subdivision (d) of Section 1597.40 of the Health and
Safety Code prior to the effective date of this subdivision in which
case the property owner will be subject to the notice requirements
on and after the effective date of this subdivision.
   (2) This subdivision applies when a property owner or his or her
agent intend to personally apply pesticides on any of the following:
   (A) Inside the rented premises on which child day care facility is
located.
   (B) Upon a designated child day care facility playground
designated by the property owner.
   (C) Upon an area designated for use by the child day care
facility.
   (D) Upon an area within 10 feet of the perimeter of the child day
care facility.
   (3) The notice required by paragraph (1) shall include the
following:
   (A) The product name.
   (B) The manufacturer's name.
   (C) The active ingredients of each pesticide.
   (D) The United States Environmental Protection Agency's product
registration number.
   (E) The intended date of application.
   (F) Those areas of application listed in paragraph (2).
   (G) The reason for application.
   (4) A notice of pesticide application provided to a tenant
pursuant to subdivision (d) of Section 13186 of the Food and
Agricultural Code shall satisfy the notice requirements of this
section.
   (5) If the child day care facility ceases to operate on the
property, the provisions of this act shall no longer apply to the
property.

17610.1.  (a) (1) The use of a pesticide on a schoolsite is
prohibited if that pesticide is granted a conditional registration,
an interim registration, or an experimental use permit by the
Department of Pesticide Regulation, or if the pesticide is subject to
an experimental registration issued by the United States
Environmental Protection Agency, and either of the following is
applicable:
   (A) The pesticide contains a new active ingredient.
   (B) The pesticide is for a new use. This paragraph does not apply
to a conditionally registered pesticide that is approved for other
uses that has fulfilled all registration requirements that relate to
human health, including, but not limited to, the completion of
mandatory health effect studies pursuant to the Birth Defect
Prevention Act of 1984 (Art. 14 (commencing with Sec. 13121), Ch. 2,
Div. 7, F. & A.C.). The requirements of this section are not intended
to impose any new labeling requirements.
   (2) The use of a pesticide on a schoolsite is prohibited if the
Department of Pesticide Regulation cancels or suspends registration,
or requires phase out of use, of that pesticide.
   (b) Vendors or manufacturers of pesticides that are prohibited for
use on a schoolsite pursuant to subdivision (a) are prohibited from
furnishing those pesticides to school districts or schoolsites either
by sale or by gift.
   (c) This section does not apply to public health pesticides or
antimicrobial pesticides registered pursuant to Section 12836 of the
Food and Agricultural Code.

17610.5.  Sections 17611 and 17612 shall not apply to a pesticide
product deployed in the form of a self-contained bait or trap, to gel
or paste deployed as a crack and crevice treatment, to any pesticide
exempted from regulation by the United States Environmental
Protection Agency pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 136 et seq.), or to antimicrobial
pesticides, including sanitizers and disinfectants.

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