Category
Chemical Hazards
Category
Chemical Hazards
State law requires districts to utilize environmentally-safe chemicals and/or to reduce chemical exposure in schools.
New Jersey Administrative Code 6A:26-12.2 Policies and procedures for school facility operation.
(a) District boards of education shall adopt written policies and procedures regarding the following:
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- Safe and sanitary operation and maintenance of school facilities and grounds according to the provisions of this chapter;
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- Supervision of pupil safety in school facilities that shall include:
- i. Safe storage and use of potentially hazardous materials on school property.
New Jersey Administrative Code 7:30-1.1 Scope.
(a) Unless otherwise provided by rule or statute, the following shall constitute the rules of the Pesticide Control Program and shall govern the manufacturing, labeling, registration, and classification of pesticides, the registration of pesticide dealers and pesticide dealer businesses, the registration of applicators of pesticides, the use of Integrated Pest Management (IPM) in schools, and the distribution, use, application, storage, handling, transportation, and disposal of pesticides in the State of New Jersey. (b) Any fee under this chapter that is subject to N.J.A.C. 7:1L shall be payable in installments in accordance with N.J.A.C. 7:1L.
New Jersey Administrative Code 7:30-1.2 Definitions.
"School integrated pest management policy" means a managed pest control policy that eliminates or mitigates economic, health, and aesthetic damage caused by pests in schools; that delivers effective pest management, reduces the volume of pesticides used to minimize the potential hazards posed by pesticides to human health and the environment in schools; that uses integrated methods, site or pest inspections, pest population monitoring, an evaluation of the need for pest control, and one or more pest control methods, including sanitation, structural repair, mechanical and biological controls, other nonchemical methods, and when nonchemical options are ineffective or unreasonable, allows the use of a pesticide, with a preference toward first considering the use of a low impact pesticide for schools.
New Jersey Administrative Code 7:30-13.1 Scope and purpose; Integrated Pest Management Policy.
(a) Integrated Pest Management (IPM) is a way to manage pest control through practical and preventive methods that eliminate or reduce damage caused by pests with a goal of reducing the reliance on pesticide use. This subchapter establishes the requirements for IPM in schools in accordance with the School Integrated Pest Management Act, N.J.S.A. 13:1F-19 et seq. A school shall outline its obligations to perform IPM by adopting an IPM Policy as described in (b) below. (b) The superintendent of a school district for each school in the district, the board of trustees of a charter school, and the principal or lead administrator of a private school shall adopt an IPM Policy that covers the following elements:
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- A description of IPM procedures to be followed at the school;
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- The local school board, board of trustees, principal or lead administrator, as appropriate, that is responsible for designating an IPM coordinator for the school;
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- Education of the school community about IPM fundamentals;
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- The establishment of recordkeeping requirements for pesticide and pest information;
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- The establishment of notification and posting requirements;
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- The establishment of re-entry requirements after a pesticide application;
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- The establishment of pesticide applicator oversight requirements;
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- Requirements for the development and implementation of an IPM Plan; and
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- The requirement for an annual evaluation of the IPM Plan.
New Jersey Administrative Code 7:30-13.2 Integrated Pest Management Plan.
(a) As a requirement of its IPM Policy, each school shall develop and implement a site-specific IPM Plan that describes how the school will manage pests through IPM methods and comply with all aspects of the IPM Policy. The site specific IPM Plan shall be maintained at the school for which it was developed. The Department shall provide a model IPM Plan for schools and make this available as part of training and compliance assistance materials.
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- For public schools, the local school board, in collaboration with the school building administrator (principal), is responsible for the development of the IPM Plan for the school.
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- For charter schools and non-public schools, the board of trustees or principal or the lead administrator is responsible for the development of the IPM Plan.
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- The IPM Plan shall contain at minimum, the following:
- i. The school's goals regarding the management of pests and the use of pesticides;
- ii. The school's site-specific needs regarding the management of pests;
- iii. A description of how each component of the school's IPM Policy will be implemented at the school; and
- iv. The name of the IPM coordinator designated by the appropriate school authority identified in accordance with N.J.A.C. 7:30-13.1(b)2.
(b) When implementing its IPM Plan, each school shall use IPM methods to determine when to control pests, including:
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- Considering the full range of pest management options, including no action at all;
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- Using non-pesticide pest management methods whenever possible; and
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- Choosing to use a pesticide based on a review of all other available options and a determination that these options are not effective or not reasonable.
- i. When it is determined that a pesticide must be used, low impact pesticides and methods are preferred and shall be considered for use first.
(c) As part of its IPM Plan, the school and the IPM coordinator shall be responsible for educating the school community, including, but not limited to, teachers, staff, students, and parents or guardians, about potential pest problems and IPM methods used to achieve pest management objectives.
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- School staff involved with implementation of the school IPM Policy and Plan shall be trained by the IPM coordinator in appropriate components of IPM as it pertains to the school environment.
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- Students, their parents or guardians, and school staff, shall be provided information and instructed by the IPM coordinator on how they can contribute to the success of IPM in their school.
(d) Annually, at the close of each school year, each school shall report on the effectiveness of its IPM Plan and make recommendations for improvements as needed.
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- For public schools, the principal shall be responsible for reporting to the local school board.
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- For non-public schools and charter schools, the lead administrator or principal shall be responsible for reporting to the governing boards.
New Jersey Administrative Code 7:30-13.3 Integrated pest management coordinator.
(a) Each local school board of a school district, each board of trustees of a charter school, and each principal or lead administrator of a private school, as appropriate, shall designate an IPM coordinator to implement the IPM Plan.
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- The IPM coordinator shall be responsible for:
- i. Implementing the IPM Policy and Plan;
- ii. Maintaining information about the school or school district's school IPM Policy and Plan, and about pesticide applications on the school property of the school or the schools within the school district;
- iii. Acting as a contact for inquiries about the school IPM Policy and Plan;
- iv. Maintaining material safety data sheets, when available, and labels for all pesticides that are used on the school property of the school or of the schools in the school district;
New Jersey Administrative Code 7:30-13.5 Annual notification.
(a) Annually, at the beginning of each school year, each local school board, each board of trustees of a charter school, or each principal or lead administrator of a private school, as appropriate, shall include a notice of the school IPM Policy of the school or school district in school calendars or other forms of universal notification.
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- The notice shall include:
- i. The IPM Policy of the school or school district;
- ii. A list of any pesticide that is in use or that has been used in the last 12 months on school property;
- iii. The name, address, and telephone number of the IPM coordinator of the school or school district;
- iv. A statement that:
- (1) The IPM coordinator maintains the product label and material safety data sheet, when available, of each pesticide that may be used on school property;
- (2) The label and data sheet is available for review by a parent, guardian, staff member, or student attending the school; and
- (3) The IPM coordinator is available to parents, guardians, staff members, and students to provide information for, and receive comments about, IPM activities and pesticide use;
- v. The time and place of any meetings that will be held to adopt the school integrated pest management policy; and
- vi. The statement: "As part of a school pest management plan, (insert school name) may use pesticides to control pests. The United States Environmental Protection Agency (EPA) and the New Jersey Department of Environmental Protection (DEP) register pesticides to determine that the use of a pesticide in accordance with instructions printed on the label does not pose an unreasonable risk to human health and the environment. Nevertheless, the EPA and DEP cannot guarantee that registered pesticides do not pose any risk to human health, thus unnecessary exposure to pesticides should be avoided. The EPA has issued the statement that where possible, persons who are potentially sensitive, such as pregnant women, infants and children, should avoid unnecessary pesticide exposure."
(b) After the beginning of each school year, each local school board, each board of trustees of a charter school, or each principal or lead administrator of a private school, as appropriate, shall provide the notice required in (a) above to:
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- Each new staff member who is employed during the school year; and
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- The parent or guardian of each new student enrolled during the school year.
New Jersey Administrative Code 7:30-13.6 Notification: other than low impact pesticide use.
(a) If a local school board, board of trustees of a charter school or principal or lead administrator of a private school, as appropriate, determines that a pesticide, other than a low impact pesticide, must be used on school property, such pesticide shall be used only in accordance with this section.
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- The provisions of this section shall apply to a school during the school year, and during holidays and the summer months, only if the school is in use by children during those periods. During those periods, notices shall be provided to all staff members and the parents or guardians of the students that are using the school in an authorized manner; and
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- The provisions of this section shall apply if any person applies a pesticide, other than a low impact pesticide, on school property, including a custodian, staff member, or commercial applicator.
(b) At least 72 hours before a pesticide, other than a low impact pesticide, is used on school property, the local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall provide to a parent or guardian of each student enrolled at the school and each staff member of the school, notice that includes:
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- The common name, trade name, and Federal Environmental Protection Agency registration number of the pesticide;
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- A description of the location of the application of the pesticide;
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- A description of the date and time of application, except that, in the case of outdoor pesticide applications, one notice shall include three dates, in chronological order, on which the outdoor pesticide applications may take place if the preceding application date is canceled;
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- A statement that The Office of Pesticide Programs of the United States Environmental Protection Agency has stated: "Where possible, persons who potentially are sensitive, such as pregnant women, infants, and children, should avoid any unnecessary pesticide exposure";
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- A description of potential adverse effects of the pesticide based on the material safety data sheet, if available, for the pesticide;
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- A description of the reasons for the application of the pesticide;
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- The name and telephone number of the IPM coordinator for the school or the school district; and
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- Any additional label instruction and precautions related to public safety.
(c) The local school board of a school district, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, may provide the notice required in (b) above by any of the methods listed at (c)1 through 5 below. This notice may be combined with any other notice provided to students, parents or guardians, and staff:
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- Written notice sent home with the student and provided to each staff member;
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- A telephone call;
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- Direct contact;
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- Written notice mailed at least one week before the application; or
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- Electronic mail.
(d) If the date of the application of the pesticide must be extended beyond the period required for notice under this section, the local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall reissue the notice required under this section for the new date of application.
(e) The local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall post signs that provide notice of the application of a pesticide, other than a low impact pesticide.
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- Signs shall be posted at least 72 hours before a pesticide is used on school property:
- i. In a prominent place that is in or adjacent to the location to be treated; and
- ii. At each entrance to the building or school ground to be treated.
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- The sign for the application of a pesticide shall:
- i. Be at least 8 1/2 inches by 11 inches; and
- ii. State the same information as that required for prior notification of the pesticide application required in (b) above.
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- Signs shall remain posted for at least 72 hours after the end of the treatment.
(f) In the case of outdoor pesticide applications, each sign shall include three dates, in chronological order, on which the outdoor pesticide application may take place if the preceding application date is canceled due to weather. A sign shall be posted after an outdoor pesticide application as required by (e) above.
(g) The Department shall develop and make available to commercial pesticide applicators a form, which a commercial pesticide applicator may request an IPM coordinator to sign prior to the application of a pesticide, other than a low impact pesticide, on school property.
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- The form shall set forth a certification by the IPM coordinator that the notice and posting requirements for the application of a pesticide, or the posting requirement, established pursuant to the School Integrated Pest Management Act and this subchapter, have been complied with.
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- Upon being presented by a commercial pesticide applicator with a form pursuant to this paragraph, the signature of the IPM coordinator shall be required as a condition for the application of the pesticide.
New Jersey Administrative Code 7:30-13.7 Notification: emergency application of a pesticide other than a low impact pesticide.
(a) A pesticide, other than a low impact pesticide, may be applied on school property in response to an emergency, without complying with the requirements of N.J.A.C. 7:30-13.6, provided the requirements of (b) below are met.
(b) Within 24 hours after the application of a pesticide pursuant to this section, or on the morning of the next school day, whichever is earlier, the local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall provide to each parent or guardian of a student enrolled at the school, and staff member of the school, notice of the application of the pesticide for emergency pest control that includes:
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- The information required for a notice under N.J.A.C. 7:30-13.6;
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- A description of the problem and the factors that qualified the problem as an emergency that threatened the health or safety of a student or staff member; and
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- If necessary, a description of the steps that will be taken in the future to avoid emergency application of a pesticide pursuant to this section.
(c) When a pesticide is applied pursuant to this section, the local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall post a sign warning of the pesticide application at the time of the application of the pesticide, in accordance with the provisions N.J.A.C. 7:30-13.6(e).
(d) The local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, may provide the notice required by (b) above by:
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- Written notice sent home with the student and provided to the staff members;
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- A telephone call;
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- Direct contact; or
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- Electronic mail.
(e) If there is an application of a pesticide pursuant to this section, the local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall modify the IPM Plan of the school or school district if necessary, to minimize the future emergency applications of pesticides under this section.
New Jersey Administrative Code 7:30-13.8 Other than low impact pesticide applications: prohibitions.
(a) A pesticide, other than a low impact pesticide, shall not be applied on school property where students are expected to be present for academic instruction or for organized extra-curricular activities prior to the time prescribed for re-entry to the application site by the United State Environmental Protection Agency on the pesticide label, except that if no specific numerical re-entry time is prescribed on a pesticide label, such a pesticide, other than a low impact pesticide, shall not be applied on school property where students are expected to be present for academic instruction or for organized extra-curricular activities within seven hours of the application.
(b) A pesticide, other than a low impact pesticide, shall not be applied in a school building when students are present, unless in accordance with (a) above, and (b)1 and 2 below:
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- Students may not be present in an untreated portion of a school building unless the area being treated with a pesticide, other than a low impact pesticide, is served by a separate ventilation system and is separated from the untreated area by smoke or fire doors; and
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- Residential areas for students not used by school children during normal school hours may be treated during normal school hours, provided that the notification requirements of N.J.A.C. 7:30-9.12(b) have been carried out.
(c) A low impact pesticide may be applied in areas of a school building where students will not contact treated areas until sufficient time is allowed for the substance to dry or settle, or after the period of time prescribed for re-entry or for ventilation requirements on the pesticide label has elapsed.
(d) This section shall not apply when pesticides are applied on school property for student instructional purposes or by public health officials during the normal course of their duties, such as inspections of food service locations.
(e) A commercial pesticide applicator shall not be liable to any person for damages resulting from the application of a pesticide at a school if the damages are solely due to the failure of the local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, to provide the notice required prior to the application of a pesticide pursuant to the School Integrated Pest Management Act, and this subchapter at N.J.A.C. 7:30-13.5, 13.6 and 13.7.
New Jersey Statutes 13:1F-20 Findings, declarations relative to the “School Integrated Pest Management Act”.
The Legislature finds and declares that in 1992, the National Parent Teacher Association passed a resolution calling for the reduced use of pesticides in schools and calling on policy makers to consider all possible alternatives before using any pesticides; that the National Education Association and many national public interest organizations have announced support for reducing or eliminating pesticide use in schools; that the State, as well as 87 local government entities throughout the State, have adopted integrated pest management policies for their buildings and grounds; that childhood cancer is continuing to increase at the alarming rate of one percent per year; that the overall incidence of childhood cancer increased 10 percent between 1974 and 1991, making cancer the leading cause of childhood death from disease; and that approximately 4,800,000 children in the United States under the age of 18 have asthma, the most common chronic illness in children, and the incidence of asthma is on the rise.
The Legislature further finds and declares that children are more susceptible to hazardous impacts from pesticides than are adults; that numerous scientific studies have linked both cancer and asthma to pesticide exposure; that the United States Environmental Protection Agency has recommended the use of an integrated pest management system by local educational agencies, which emphasizes nonchemical ways of reducing pests, such as sanitation and maintenance; that integrated pest management is an effective and environmentally sensitive approach to pest management that relies on common sense practices; that integrated pest management programs use current, comprehensive information on the life cycles of pests and their interaction with the environment, and that this information, in combination with available pest control methods is used to manage pest damage with the least hazard to people, property and the environment and by economical means; and that integrated pest management programs take advantage of all pest management options possibly including, but not limited to, the judicious use of pesticides; that a notification process should be established for schools under which each student, parent, guardian, staff member, and teacher shall be notified of a pesticide application; that parents and guardians have a right to know that there is an integrated pest management system in their children’s schools; that an integrated pest management system provides long-term health and economic benefits; and that parents and guardians should have a right to be notified in advance of any use of a pesticide in their children’s schools.
The Legislature therefore determines that it is in the public interest of all of the people of New Jersey that the schools in this State establish an integrated pest management policy.
New Jersey Statutes 13:1F-21 Definitions relative to the “School Integrated Pest Management Act”.
“School integrated pest management policy” means a managed pest control policy that eliminates or mitigates economic, health, and aesthetic damage caused by pests in schools; that delivers effective pest management, reduces the volume of pesticides used to minimize the potential hazards posed by pesticides to human health and the environment in schools; that uses integrated methods, site or pest inspections, pest population monitoring, an evaluation of the need for pest control, and one or more pest control methods, including sanitation, structural repair, mechanical and biological controls, other nonchemical methods, and when nonchemical options are ineffective or unreasonable, allows the use of a pesticide, with a preference toward first considering the use of a low impact pesticide for schools.
New Jersey Statutes 13:1F-22 Development of model school integrated pest management policy.
4.a. No later than 12 months after the effective date of this act, the commissioner, in consultation with the Commissioner of Education, the New Jersey School Boards Association, and the New Jersey Cooperative Extension of Rutgers, The State University shall develop a model school integrated pest management policy that is based upon recommended integrated pest management plans for schools disseminated by the United States Environmental Protection Agency and that conforms to the rules adopted by the department pursuant to the “Pesticide Control Act of 1971,” P.L. 1971, c. 176 (C.13:1F-1 et seq.).
b. No later than 18 months after the effective date of this act, the superintendent of the school district, for each school in the district, the board of trustees of a charter school, and the principal or chief administrator of a private school, shall adopt and implement a school integrated pest management policy for the school property consistent with the model policy developed pursuant to subsection a. of this section and that complies with the provisions of this act.
New Jersey Statutes 13:1F-23 Designation of integrated pest management coordinator.
a. Each local school board of a school district, each board of trustees of a charter school, and each principal or chief administrator of a private school, as appropriate, shall designate an integrated pest management coordinator to carry out the school integrated pest management policy required pursuant to section 4 of this act. b. The integrated pest management coordinator for a school or school district shall:
- (1) maintain information about the school or school district’s school integrated pest management policy and about pesticide applications on the school property of the school or the schools within the school district;
- (2) act as a contact for inquiries about the school integrated pest management policy; and
- (3) maintain material safety data sheets, when available, and labels for all pesticides that are used on the school property of the school or of the schools in the school district.
New Jersey Statutes 13:1F-24 Maintenance of records of pesticide application; notices of policy.
a. The local school board of a school district, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall request from the pesticide applicator and shall maintain records of pesticide applications used on school property at each school or for each school in the school district for three years after the application, and for five years after the application of a pesticide designed to control termites, and on request, shall make the data available to the public for review. b. Annually, each local school board, each board of trustees of a charter school, or each principal or chief administrator of a private school, as appropriate, shall include a notice of the school integrated pest management policy of the school or school district in school calendars or other forms of universal notification. c. The notice shall include:
- (1) the school integrated pest management policy of the school or school district;
- (2) a list of any pesticide that is in use or that has been used in the last 12 months on school property;
- (3) the name, address, and telephone number of the integrated pest management coordinator of the school or school district;
- (4) a statement that: (a) the integrated pest management coordinator maintains the product label and material safety data sheet, when available, of each pesticide that may be used on school property; (b) the label and data sheet is available for review by a parent, guardian, staff member, or student attending the school; and (c) the integrated pest management coordinator is available to parents, guardians, and staff members for information and comment;
- (5) the time and place of any meetings that will be held to adopt the school integrated pest management policy; and
- (6) the following statement: “As part of a school pest management plan, (insert school name) may use pesticides to control pests. The United States Environmental Protection Agency (EPA) and the New Jersey Department of Environmental Protection (DEP) register pesticides to determine that the use of a pesticide in accordance with instructions printed on the label does not pose an unreasonable risk to human health and the environment. Nevertheless, the EPA and DEP cannot guarantee that registered pesticides do not pose any risk to human health, thus unnecessary exposure to pesticides should be avoided. The EPA has issued the statement that where possible, persons who are potentially sensitive, such as pregnant women, infants and children, should avoid unnecessary pesticide exposure.” d. After the beginning of each school year, each local school board, each board of trustees of a charter school, or each principal or chief administrator of a private school, as appropriate, shall provide the notice required pursuant to subsection b. of this section to: (1) each new staff member who is employed during the school year; and (2) the parent or guardian of each new student enrolled during the school year.
New Jersey Statutes 13:1F-25 Permitted use of certain pesticides; notice.
7.a. If a local school board, board of trustees of a charter school or principal or chief administrator of a private school, as appropriate, determines that a pesticide, other than a low impact pesticide, must be used on school property, a pesticide may be used only in accordance with this section.
b. At least 72 hours before a pesticide, other than a low impact pesticide, is used on school property, the local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall provide to a parent or guardian of each student enrolled at the school and each staff member of the school, notice that includes:
- (1) the common name, trade name, and federal Environmental Protection Agency registration number of the pesticide;
- (2) a description of the location of the application of the pesticide;
- (3) a description of the date and time of application, except that, in the case of outdoor pesticide applications, one notice shall include three dates, in chronological order, on which the outdoor pesticide applications may take place if the preceding date is canceled;
- (4) a statement that The Office of Pesticide Programs of the United States Environmental Protection Agency has stated: “Where possible, persons who potentially are sensitive, such as pregnant women, infants, and children, should avoid any unnecessary pesticide exposure”;
- (5) a description of potential adverse effects of the pesticide based on the material safety data sheet, if available, for the pesticide;
- (6) a description of the reasons for the application of the pesticide;
- (7) the name and telephone number of the integrated pest management coordinator for the school or the school district; and
- (8) any additional label instruction and precautions related to public safety.
c. The local school board of a school district, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, may provide the notice required by subsection b. of this section by:
- (1) written notice sent home with the student and provided to each staff member;
- (2) a telephone call;
- (3) direct contact;
- (4) written notice mailed at least one week before the application; or
- (5) electronic mail.
d. If the date of the application of the pesticide must be extended beyond the period required for notice under this section, the local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall reissue the notice required under this section for the new date of application.
New Jersey Statutes 13:1F-26 Posting of sign prior to use of certain pesticides.
a. At least 72 hours before a pesticide, other than a low impact pesticide, is used on school property, the local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall post a sign that provides notice of the application of the pesticide (1) in a prominent place that is in or adjacent to the location to be treated; and (2) at each entrance to the building or school ground to be treated. b. A sign required pursuant to subsection a. of this section for the application of a pesticide shall (1) remain posted for at least 72 hours after the end of the treatment; (2) be at least 8 ½ inches by 11 inches; and (3) state the same information as that required for prior notification of the pesticide application pursuant to section 7 of this act. c. In the case of outdoor pesticide applications, each sign shall include three dates, in chronological order, on which the outdoor pesticide application may take place if the preceding date is canceled due to weather. A sign shall be posted after an outdoor pesticide application in accordance with subsection b. of this section. d. The requirement imposed pursuant to this section shall be in addition to any requirements imposed pursuant to the “Pesticide Control Act of 1971,” P.L. 1971, c. 176 (C.13:1F-1 et seq.), and any rules or regulations adopted pursuant thereto.
New Jersey Statutes 13:1F-28 Emergency use of certain pesticides.
a. A pesticide, other than a low impact pesticide, may be applied on school property in response to an emergency, without complying with the provisions of sections 7 and 8 of this act [§§ 13:1F-25 and 13:1F-26], provided the requirements of subsection b. of this section are met. b. Within 24 hours after the application of a pesticide pursuant to this section, or on the morning of the next school day, whichever is earlier, the local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall provide to each parent or guardian of a student enrolled at the school, and staff member of the school, notice of the application of the pesticide for emergency pest control that includes: * (1) the information required for a notice under section 7 of this act; (2) a description of the problem and the factors that qualified the problem as an emergency that threatened the health or safety of a student or staff member; and (3) if necessary, a description of the steps that will be taken in the future to avoid emergency application of a pesticide pursuant to this section. c. The local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, may provide the notice required by subsection b. of this section by: (1) written notice sent home with the student and provided to the staff member; (2) a telephone call; (3) direct contact; or (4) electronic mail. d. When a pesticide is applied pursuant to this section, the local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall post a sign warning of the pesticide application at the time of the application of the pesticide, in accordance with the provisions of section 8 of this act. e. If there is an application of a pesticide pursuant to this section, the local school board, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall modify the school integrated pest management policy of the school or school district if necessary, to minimize the future emergency applications of pesticides under this section.
New Jersey Statutes 13:1F-29 Prohibited use of certain pesticides.
a. A pesticide, other than a low impact pesticide, shall not be applied on school property where students are expected to be present for academic instruction or for organized extra-curricular activities prior to the time prescribed for re-entry to the application site by the United State Environmental Protection Agency on the pesticide label, except that if no specific numerical re-entry time is prescribed on a pesticide label, such a pesticide, other than a low impact pesticide, shall not be applied on school property where students are expected to be present for academic instruction or for organized extra-curricular activities within seven hours of the application. b. A pesticide, other than a low impact pesticide, shall not be applied in a school building when students are present. Students may not be present in an untreated portion of a school building unless the area being treated with a pesticide, other than a low impact pesticide, is served by a separate ventilation system and is separated from the untreated area by smoke or fire doors. c. A low impact pesticide may be applied in areas of a school building where students will not contact treated areas until sufficient time is allowed for the substance to dry or settle, or after the period of time prescribed for re-entry or for ventilation requirements on the pesticide label has elapsed. d. This section shall not apply when pesticides are applied on school property for student instructional purposes or by public health officials during the normal course of their duties.
New Jersey Statutes 34:5A-10.2 Use of hazardous substance prohibited when children are expected to be present; exceptions.
a. No person shall use or allow the use of any hazardous substance in or on any building or grounds used as a public school, a private school, or child care center at any time when children are expected to be present in the building. The provisions of this subsection shall not apply when an emergency condition, as deemed by the Board of Education or the chief school administrator in the case of any public school, or the person having responsibility for the operation of any private school or child care center, necessitates the use of a hazardous substance when children are present. b. Any person who uses or stores, or causes or allows the use or storage of any hazardous substance in or on any building or grounds used as a public school, a private school, or child care center shall ensure that the use or storage of that hazardous substance is in compliance with the regulations adopted by the Department of Health pursuant to section 5 of P.L.1997, c.364 (C.34:5A-10.5).
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