It's The Law

An Act Protecting Children and their Families from Harmful Pesticides

Summary of the Massachusetts State Law Governing All Public and Private Schools, Day Care Centers and School-Age Child Care Programs

Pesticides are classified by the U.S. Environmental Protection Agency (EPA), as any chemical designed to kill, repel, or mitigate a pest. Pesticides commonly found in schools include herbicides, insecticides, fungicides, rodenticides, termiticides and anti-microbials.

Goals:

• Prevent unnecessary exposure of children to chemical pesticides.

• Promote safer alternatives to pesticides.

• Ensure notification concerning pesticide use.                                                     

Everywhere:

• All pesticides, including ant baits, can only be applied by a licensed applicator.

• All schools must have both an indoor and an outdoor integrated pest management (IPM) plan to help prevent pest problems from occurring. The IPM plan must be filed with the Massachusetts Department of Food & Agriculture (DFA) as well as, maintained on site and made available to the public upon request.

• Records of all pesticide use must be kept for five (5) years on site and available to the public.

Indoors:  The only pesticides that may be used indoors are:

·         Anti-microbial pesticides (e.g. dilute bleach);

·         Insecticidal baits or rodenticides placed in tamper resistant bait stations or placed in areas inaccessible to children and the general public;

·         Ready-to-use dust, powder or gel formulations of insecticide applied in areas inaccessible to children and the general public;

·         Termiticides used only in the presence of an active termite infestation and when non-chemical pesticide alternatives have been determined to be ineffective; and

·         Materials exempt from EPA pesticide registration, (e.g. cedar blocks, mint oil).

Outdoors:

·         Prohibited pesticides are those considered known, likely or probable carcinogens and those containing inert ingredients of toxicological concern.

·         No pesticide can be applied when children are within 150 feet of application (either indoors or outdoors), or are expected to enter for an eight-hour period.

·         No pesticide can be used outdoors for purely aesthetic reasons; exceptions may only be made with prior written approval of the town’s governing official(s), (e.g. selectmen).

• Prior to any outdoor pesticide application, all parents, children and staff must receive standard written notification at least two (2) working days in advance; the notification must be posted in a common area of the facility at least two working days before the outdoor application is to commence and at least 72 hours after the application. Treated areas will be posted with clear and conspicuous warning signs along the perimeter.

• For a pesticide to be used, it must be included in the school’s outdoor IPM plan.

Emergency Waiver:

The Board of Health may grant a one-time emergency waiver if 1) the pest situation poses an immediate threat to human health, AND 2) no viable alternatives to the use of chemical pesticides exist.

Notes:

Each school is responsible for complying with this Act. Non-compliance can incur $1000 fines.

For more detailed information, see www.state.ma.us/dfa/cpa, or call DFA at 617-626-1781.