SB1350 - 472R - House Bill Summary

House of Representatives

SB 1350

pesticides; child care facilities; notification

Sponsor: Senator Allen

DPA	Committee on Environment
DPA	Committee on Appropriations (B)
DPA	Caucus and COW
X	As Transmitted to the Governor

SB 1350 requires the Department of Health Services (DHS) to develop policies and procedures regarding notification of pesticide applications at child care facilities, expands the list of pesticide applications that are exempt from notification requirements and modifies the conditions on the exemptions.

History

Pesticides

Federal law provides the basis for regulation, sale, distribution and use of pesticides in the United States. The U.S. Environmental Protection Agency (EPA) reviews and registers pesticides for specified uses and regulates pesticide use through labeling and packaging.

A pesticide receives an EPA registration number and is required to be labeled with specific information. In addition, the EPA has established toxicity categories, which classify the toxicity of pesticides based on eye irritation, skin irritation and the dosage that would be fatal through oral ingestion, skin contact or inhalation. Toxicity category I is the most toxic and category IV is the least toxic. Pesticides must be labeled with their toxicity category.

Current law requires all pesticide applications made at schools to be performed by licensed applicators of the Structural Pest Control Commission (SPCC). The SPCC regulates the commercial pest control industry and licenses commercial pest control businesses in Arizona, pesticide applicators and inspectors employed by these companies. The SPCC also enforces federal and state laws governing pesticide use and storage.

Pesticide Application at Schools

The application of pesticides at schools is subject to certain statutory requirements. Licensees are required to provide a 72-hour notice of an application with information about when the application is scheduled, pesticide name, concentration, label and safety data and the application rate. Certain pesticide applications, including nonresidual pesticide applications performed by public health agencies and emergency applications, are exempt from the notification requirements, subject to specified conditions. The governing board of each school district is required to develop policies regarding notice to children and parents about school pesticide applications.

Provisions

Pesticide applications at Child Care Facilities

· Places child care facilities in the pesticide notification to schools statute.

· Requires a licensee or licensed applicator to notify a child care facility at least 72-hours before any pesticide application so the facility can comply with the notification of pesticide application requirements.

· States that only licensed applicators may make pesticide application at child care facilities.

· Adds child care facilities to the procedures outlined in statute requiring the applicators to provide child care facilities with a written preapplication notification containing specified information.

Exemptions

· Limits emergency pesticide applications that are exempt from notification requirements to those with toxicity levels of III and IV.

· Requires verbal notification of nonresidual pesticide applications performed by public health agencies to be attempted at least 72-hours before the application in order to be exempt from notification requirements and applies the same conditions that currently apply to emergency pesticide applications.

· Expands the types of pesticide applications that are exempt from notification requirements to include:

1. Disinfectants or swimming pool chemicals.

2. Block, gel or paste baits that are toxicity category III or IV that are inaccessible to children and are applied in a crack or crevice or in a tamper-resistant container.

3. Rodenticide that is block bait, toxicity level III or IV and is in a tamper-resistant container and inaccessible to children.

4. Personal repellants.

5. EPA exempt pesticides pursuant to the United States Code.

· Requires the posting of an area treated with pesticides to be at least 8 ½ inches by 11 inches and contain the pesticide’s EPA registration number in order for the application to be exempt from notification requirements.

· Requires a copy of the posting to be placed at the main entrance of the school or facility and requires the posting and the copy to remain in place for 48 hours.

· Defines child care facility as a facility regulated by DHS.

DHS Oversight

· Requires DHS, in consultation with specified groups, to develop and adopt a policy to provide parents, guardians, children and personnel with at least 48-hours notice before pesticides are applied on child care facility properties.

· Requires the policy to include notification procedures for:

1. Written notification to parents, guardians or authorized individuals of parents or guardians.

2. The child care facility to post signs to identify application areas.

3. Procedures requiring pesticide applicators to provide detailed information to facilities.

· Requires the policy to include the same exemptions that apply to exempt pesticide application notification requirements.

· Requires facilities to maintain written records of pesticide application notifications for at least three years after application.

· Allows facilities to delegate the responsibility for filling out and posting notices required by the DHS policy to pesticide applicators.

· Ensures that facilities do not have to maintain records regarding exempt pesticides.

· Defines child care, department, licensee, pesticides and qualifying party.

Other Provisions

· Appropriates $100,000 and two FTE positions in FY06-06 to the SPCC from the SPCC Fund for the purposes of this act.

· Delays the changes to the notification of pesticide applications at schools and child care facilities until January 1, 2007.

· Makes technical and conforming changes.

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· Forty-seventh Legislature