Massachusetts - Chemical Hazards: Prohibitions
Massachusetts General Laws ch 132B.6E Integrated pest management plans
(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.
333 Code of Massachusetts Regulations 14.08 Requirements of Schools, Daycare Centers or School Age Child Care Programs
(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.
Source: Commonwealth of Massachusetts
Massachusetts General Laws ch 132B.6C Pesticides use at schools, chil care centers or school age child care programs; standard written notification
(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.