Assigned to HEALTH & NRRA AS
ENACTED
ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1350
pesticides; child care facilities; notification
Purpose
Appropriates $100,000 and two FTE positions in FY 2006-2007 to the Structural Pest Control Commission (SPCC) from the Structural Pest Control Commission Fund for requirements for pesticide applications at child care facilities. Applies to child care facilities the same requirements regarding notification of pesticide applications that currently apply to schools. Expands the list of pesticide applications that are exempt from notification requirements and modifies the conditions on the exemptions. Requires the Department of Health Services (DHS) to develop policies and procedures regarding notification of pesticide applications at child care facilities.
Background
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 specified information. In addition, the EPA has established toxicity categories, which classify the toxicity of pesticides based on their eye irritation, skin irritation and the dosage that would be fatal through either 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 that are made at schools to be performed by individuals who are licensed as applicators by the SPCC. The SPCC regulates the commercial pest control industry, licenses commercial pest control businesses in Arizona and the pesticide applicators and inspectors employed by these companies and also enforces federal and state laws governing pesticide use and storage.
The application of pesticides at schools is subject to certain statutory requirements. Licensees are required to provide 72-hour notice of an application with information about when the application is scheduled, the 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. S.B. 1350 modifies these conditions, expands the list of exemptions to include certain other toxicity category III and IV pesticides and limits the emergency application exemption to category III and IV pesticides only. The bill also applies the same notification requirements that currently apply to pesticide applications at schools to pesticide applications at child care facilities that are regulated by DHS.
The governing board of each school district is required to develop policies regarding notice to children and parents about school pesticide applications. S.B. 1350 applies these same requirements to DHS regarding pesticide applications at child care facilities, but does not require oral notification of children and personnel.
DHS reports that implementing the provisions of the bill would not require additional funding for the department. Therefore, there is no anticipated fiscal impact to the state General Fund as a result of this legislation. The bill appropriates $100,000 in FY 2006-2007 to the SPCC from the Structural Pest Control Commission Fund, which receives revenue from licensing fees.
Provisions
Pesticide Application
1. Requires SPCC licensees to notify child care facilities before any pesticide application in the same manner as currently required for school notification.
2. Requires oral notification of certain 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.
3. Expands the types of pesticide applications that are exempt from notification requirements to include:
a) disinfectants or swimming pool chemicals.
b) 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.
c) rodenticide that is block bait, toxicity level III or IV and is in a tamper-resistant container and inaccessible to children.
d) personal repellants.
e) any pesticide that is exempt from regulation by the EPA pursuant to federal law.
4. Limits the emergency pesticide applications that are exempt from notification requirements to those with toxicity levels of III and IV.
5. Applies the same conditions to nonresidual pesticide applications performed by public health agencies that currently apply to emergency pesticide applications in order for those applications to be exempt from notification requirements.
6. Requires the posting of an area treated with pesticides to be a specified size and contain the pesticide’s EPA registration number in order for the application to be exempt from notification requirements.
7. 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.
8. Appropriates $100,000 in FY 2006-2007 to the SPCC from the Structural Pest Control Commission Fund for the purposes of the bill.
9. Defines “child care facility” as a facility regulated by DHS.
10. Becomes effective on January 2, 2007.
Department of Health Services Oversight
11. Requires the Director, in consultation with specified groups, to develop a policy to provide parents, guardians, children and personnel with at least 48 hours’ notice before pesticides are applied on child care facility properties.
12. Requires the policy to include procedures for:
a) written notification of parents and guardians.
b) the posting of signs to identify application areas.
c) requiring pest control applicators to provide information to facilities.
13. Requires the policy to include the same exemptions that apply to pesticide application notification requirements.
14. Stipulates that licensees are not required to maintain records of the exempt pesticides.
15. Requires facilities to maintain written records of notifications for at least three years after application.
16. Allows facilities to delegate the responsibility for notification requirements to the pest control applicator.
17. Defines “child care,” “department,” “licensee” and “pesticides.”
18. Becomes effective on the general effective date.
Amendments Adopted by Health Committee
1. Removes the requirement that the DHS policy include procedures for notification about both previous and anticipated pesticide use at child care facilities and oral notification of children and personnel.
2. Exempts certain pesticide applications from being included in the DHS policy and from recordkeeping requirements.
3. Makes clarifying changes.
Amendments Adopted by NRRA
1. Removes the requirement that the DHS policy include procedures for notification about both previous and anticipated pesticide use at child care facilities and oral notification of children and personnel.
2. Exempts certain pesticide applications from being included in the DHS policy and from recordkeeping requirements.
3. Makes clarifying changes.
4. Appropriates funding to the SPCC.
Amendments Adopted by the House of Representatives
1. Adds pesticides exempt from regulation by the EPA to the list of pesticides exempt from notification requirements.
2. Delays the effective date of the SPCC provisions until January 2, 2007.
Senate Action House Action
HEALTH 2/13/06 DPA 5-0-2 ENV 3/29/06 DPA 7-0-0-2
NRRA 2/15/06 DPA 7-0-0 APPROP(B) 4/4/06 DPA 9-4-0-2
3rd Read 3/14/06 28-1-0 3rd Read 5/23/06 41-12-7
Signed by the Governor 6/1/06
Chapter 311
Prepared by Senate Research
June 6, 2006
BKL/ac