As of November 1, 2000, all pesticide applications on the indoor and outdoor property of schools, day care centers and school age child care programs shall comply with the applicable requirements of St. 2000, c. 85: An Act Protecting Children and Families from Harmful Pesticides, to be inserted in M.G.L. c. 132B, §§ 2 and 6C through 6I.

The purpose of 333 CMR 14.00 is to promote the implementation of Integrated Pest Management (IPM) Techniques and to establish those Standard, requirements and procedures necessary to minimize the risk of unreasonable adverse effects on human health and the environment regarding the use of pesticides within a school, daycare center or school age child care program facility.

Integrated Pest Management (IPM): A comprehensive strategy of pest control whose major objective is to achieve desired levels of pest control in an environmentally responsible manner by combining multiple pest control measures to reduce the need for reliance on chemical pesticides; more specifically, a combination of pest controls which addresses conditions that support pests and may include, but not be limited to, the use of monitoring techniques to determine immediate and ongoing need for pest control, increased sanitation, physical barrier methods, the use of natural pest enemies and a judicious use of lowest risk pesticides when necessary.

Integrated Pest Management Committee: The individuals or persons who share interests or concerns related to pest control activities and whose purpose is to develop a school IPM Policy and help make pest management decisions for the school, daycare center and school age child care program. Whereas, the IPM Committee of a small daycare center may be composed of the IPM Coordinator alone, the IPM Committee for a large school, daycare center and school age child care program may include representation across the wide array of respective services and activities. It is recommended that any indoor and outdoor pest management, landscaping, or turf management contractors hired by the school be included on the IPM Committee.

Integrated Pest Management Coordinator: The individual within the school, daycare center and school age child care program who, with the authority and support of the school administration or management, is generally in charge of pest control activities for the school, daycare center, and school age child care program. This individual ensures that the IPM plan is carried out and coordinates and communicates with parties involved with custodial service, building maintenance, food service, outside vending, pest control, grounds maintenance; and other parties including students, parents, and teachers.

Integrated Pest Management Policy: The written statements that describe the overall pest management philosophy and environmental health goals for the school, daycare center and school age child care program. Such statements shall describe how the school, daycare center and school age child care program will advance existing pest control practices, improve environmental health conditions, and reduce the amount of pesticides used by the school for the purpose of protecting children and others within the school, daycare center and school age child care program.

Integrated Pest Management (IPM) Plan: A written pest management plan that covers both indoor and outdoor areas and that is implemented and adopted by each school, daycare center and school age child care program. One copy of the plan adopted by the school, daycare center or school age child care program shall be filed with the Department, and at least one additional copy shall be kept on site and made available to the public upon request pursuant to M.G.L. c. 66, § 10.

Indoor Pesticide Application: An indoor pesticide application is one where the applicator is standing inside of the facility making a pesticide application or one where the applicator is standing outside of the facility and making the pesticide application towards the interior of the building. [...] Standard Written Notification: A written notice that includes the following information relative to an application of pesticides on the outdoor property of a school, daycare center and school age child care program property:

(a) A description of the purpose of the pesticide application; (b) The approximate dates on which the spraying, release, deposit or application of a pesticide shall commence and conclude; (c) The specific location of the anticipated application; (d) The name, type, and U.S. EPA Registration Number for every pesticide product to be used; (e) A Department-approved fact sheet; and (f) A written statement approved by the Department describing any precautions to be taken and ways to minimize pesticide exposure, especially for sensitive individuals such as children, the elderly, pregnant women and those with health problems.

(1) No person shall use a pesticide on the indoor or outdoor property of a School unless an Integrated Pest Management (IPM) Plan has been written and maintained in accord with 333 CMR 14.05 through 14.06 was submitted to the Department. (2) No person shall use a pesticide unless licensed or certified by the Department. (3) Pesticides shall not be applied to School property unless presence of a pest is documented or there is biological evidence of the presence of a pest. (4) Pesticides permitted for use on the indoor property of a School are limited to the following: (a) Anti-microbial pesticides. (b) Rodenticides placed in tamper resistant bait stations or placed in areas inaccessible to children and the general public. (c) Ready to use dust, powder or gel formulations of insecticide applied in areas inaccessible to children and the general public. (d) Insecticidal baits placed in tamper resistant bait stations or in areas inaccessible to children and the general public. (e) Termiticides used only in the presence of an active termite infestation and when non-chemical pesticide alternatives have been determined to be ineffective. (5) Pesticides permitted for use on the outdoor property of a School are limited to the following: (a) Pesticides used in accordance with the facilities outdoor Integrated Pest Management Plan. (b) Pesticides other than those classified as known, likely or probable human carcinogens by the United States Protection Agency, or equivalently categorized by the Department. (c) Pesticide products that do no contain inert ingredients categorized as List 1: Inerts of Toxicological Concern or any equivalent categorization by the United States Environmental Protection Agency. (6) Standard Written Notification for rodenticide and insecticide baits shall be issued as the following: (a) The Standard Written Notification shall be issued for the first application, informing the employees, pupils or supervised children and their parents or guardians that a rodenticide or insecticide application program has begun. (b) In the event that a rodenticide or insecticide program is a continuing year round program, the notice shall be sent annually on the anniversary of the commencement of the program.

Every IPM plan shall contain an indoor and outdoor component. These components shall be submitted to the Department and shall include the following information: (a) Name, address, and telephone number of School. (b) Name and contact information of the School IPM Coordinator. (c) Name and contact information of the School IPM Committee. (d) Description of the School IPM Policy. (e) Identification of the School pest problem(s) and a description of the conditions contributing to or causing the problem. (f) Description of the communication and training program for School staff regarding IPM. (g) A list of pesticides to be used which shall include:

1. Product Name;
2. EPA Registration Number; and
3. Common Name of Active Ingredient(s). (h) List of non-pesticide control techniques and preventive methods to be used. (i) Location in the School where the IPM plans and records are maintained and available for viewing. (j) Statement identifying the proposed IPM plan annual review date.

A hard copy of the IPM plan shall be maintained on site at the School. In addition to the requirements of 333 CMR 14.05, the following shall be maintained with a hard copy of the IPM plan: (a) Labels of the pesticide products that may be used or are being used at the School. Product labels shall be reviewed by the School annually to ensure that such products are permitted for use as outlined in 333 CMR 14.04(4) through (5). (b) Copies of all pesticide application records. (c) A pest sighting log sheet or book shall be maintained indicating the presence of a pest problem or the expected presence of a pest problem. (d) IPM Plans shall be updated and resubmitted when changes occur. Plans shall be reviewed on an annual basis and changes noted within the plan. (e) Material Safety Data Sheets shall be made available to any person upon reasonable request and such Material Safety Data Sheet shall be provided in a format acceptable to the person making the request.

(1) Every school shall develop an IPM Plan in accord with 333 CMR  14.05 and 14.06. The plan shall be submitted to the Department and maintained on site.

(2) Every school shall maintain the plan and retain the plan at each site for five years. Schools shall make the plan available to any person upon a reasonable request.

(3) If a school administrator determines that a human health emergency warrants the use of a pesticide not otherwise allowed under this chapter, or warrants its use sooner than two days after providing the required Standard Written Notification, such official may apply for a single-use Emergency Waiver as per 333 CMR 14.10.

(4) No pesticides shall be applied for purely aesthetic purposes on the outdoor grounds of any school unless a determination is made in writing on an annual basis from an authorized official within the municipality, city, town or the Department approved equivalent. The approval shall include at least the following information:

• (a) Date of approval;

• (b) Reason for application; and

• (c) Name of official and title.

(5) Standard Written Notification shall be issued to parents and employees no less than two working days and no more than seven working days prior to any pesticide application made to outdoor school property or to the inside of a school for a termiticide treatment.

• (a) Standard Written Notification shall be issued for every outside pesticide application.

• (b) In the case of a situation where the pesticide application cannot be made on the proposed date, the application may take place during the following 72 hours without issuing a new Standard Written Notification. (6) Standard Written Notification shall be issued to parents and employees using one of the following methods:

• (a) Email providing all the components of Standard Written Notification as defined and provided that the school has a permission letter from the parents and employees from the current school year, stating that they would like to be notified via email.

• (b) Website which provides all the components of Standard Written Notification as defined and provided that the school used a notification system, such as but not limited to Reverse 911 or Connect Ed, phone call or one page letter to initially notify that a pesticide application will take place and that directs them to the website or an alternative place to receive the complete notification.

• (c) Hard copy, providing all the components of Standard Written Notification asdefined. (7) If a school administrator is aware of any scheduled use of outside property by youth groups, he or she shall inform the organizers of any such group regarding the proposed pesticide application.

(8) If a pesticide application is to take place outdoors while students are present for school sponsored activities, the School shall take effective measures to keep students off the treated area(s) for at least eight hours.

(1) Prior to making any pesticide applications to the property of a school, the pesticide applicator shall check the IPM plan of the School to ensure that any pesticide application made, shall be consistent with the provisions of the plan. (2) The pesticide applicator shall not apply a pesticide to the outdoor property of a school while students are present unless students are at least 150 feet away from the application area; (3) The pesticide applicator shall determine if a school is located in a building or on a property to which he or she intends to apply pesticides. (4) Prior to making a pesticide application for purely aesthetic purposes on the outdoor grounds of a school, the pesticide applicator or his/her employer shall obtain a copy of the written consent form from the School as indicated in 333 CMR 14.08(4). (5) Prior to making an outdoor pesticide application the pesticide applicator or his/her employer shall furnish the Standard Written Notification to the School administration in a timely manner, so as to allow the School administration time to issue the Standard Written Notification in accordance with 333 CMR 14.08(5). (6) Prior to making a pesticide application the pesticide applicator or his/her employer shall obtain a copy of the complete signed and dated Standard Written Notification that was sent by the School administration. (7) Prior to commencing each outdoor application, the pesticide applicator shall post signs approved by the Department. Said signs must be posted at conspicuous points of access to the treated property.

(a) Pesticides shall not be sprayed, released, deposited or applied indoors while children are on the property of a school, child care center or school age child care program, except for those pesticides listed in section 6F. (b) Pesticides shall not be sprayed, released, deposited or applied on the outdoor property of a school, child care center or school age child care program while children are located in, on, or adjacent to the area of the pesticide application. (c)(1) Whenever pesticides are to be sprayed, released, deposited or applied outdoors at a school, child care center or school age child care program, the school administration, child care center operator or school age child care program operator shall ensure that employees, pupils or supervised children and their parents or guardians receive standard written notification, as defined in section 2, at least two working days before pesticides are sprayed, released, deposited or applied, provided that such spraying, release, deposit or application of pesticides shall not commence prior to the approximate dates set forth on the standard written notification, and shall not conclude more than 72 hours after such approximate dates.

• (2) Such notification policy shall apply at all times except during periods when classes are not scheduled for at least five consecutive days after the spraying, release, deposit or application or when child care or school age child care facilities are not scheduled to be open for at least five consecutive days after the spraying, release, deposit or application.
• (3) Information to be included in the standard written notification shall be provided to the school administration, child care center operator, or school age child care program operator by the certified commercial applicator, certified private applicator, or licensed applicator, or the contractor, employers or employees responsible for carrying out the pesticide spraying, release, deposit or application. Larval mosquito control applications using pesticides classified as category four pesticides by the United States Environmental Protection Agency, as applied by mosquito control projects under chapter 252, are exempt from the notification requirements of this section. This section shall not apply to any use of an anti–microbial pesticide as defined in section 2.

Each school administration, child care center operator, or school age child care program operator shall ensure that standard written notification is posted in a common area of its facility at least two working days before the outdoor spraying, release, deposit or application of a pesticide and for at least 72 hours following the spraying, release, deposit or application. Treated areas will be posted with clear and conspicuous warning signs along the perimeter in accordance with regulations to be promulgated by the department governing indoor and outdoor spraying, release, deposit or application of pesticides at schools, child care centers and school age child care programs. Larval mosquito control applications using pesticides classified as category four pesticides by the United States Environmental Protection Agency, as applied by mosquito control projects under chapter 252, are exempt from the notification requirements of this section. This section shall not apply to any use of an anti–microbial pesticide as defined in section 2.

(a) On or before November 1, 2001, each school, child care center and school age child care program in the commonwealth shall adopt and implement, in accordance with any regulations promulgated by the department pursuant to this chapter, an integrated pest management plan. The plan shall cover both indoor and outdoor areas. The department shall produce a generic integrated pest management plan that may be adopted by any school, child care center or school age child care program. One copy of the plan adopted by the school, child care center or school age child care program shall be filed with the department, and at least one additional copy shall be kept on site and made available to the public upon request pursuant to section 10 of chapter 66. Every agency of the commonwealth shall develop and implement integrated pest management plans and procedures for all buildings and grounds owned or managed by the commonwealth. (b) No person shall spray, release, deposit or apply or supervise the spraying, release, deposit or application of any pesticide in, on, or around structures or grounds of a school, child care center or school age child care program unless that person is a certified commercial applicator, certified private applicator, licensed applicator, permitted catch basin applicator, or is under the supervision of a certified commercial applicator, certified private applicator or licensed applicator.