Jurris.COM
Article 4. Healthy Schools Act Of 2000 of California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 5. >> Article 4.
This article and Article 17 (commencing with Section 13180)
of Chapter 2 of Division 7 of the Food and Agricultural Code shall be
known and cited as the Healthy Schools Act of 2000.
The definitions set forth in this section govern the
construction of this article unless the context clearly requires
otherwise:
(a) "Antimicrobial" means those pesticides defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).
(b) "Crack and crevice treatment" means the application of small quantities of a pesticide consistent with labeling instructions in a building into openings such as those commonly found at expansion joints, between levels of construction, and between equipment and floors.
(c) "Emergency conditions" means any circumstances in which the school designee or a property owner of a property where a privately operated child day care facility is located, or the property owner's agent, deems that the immediate use of a pesticide is necessary to protect the health and safety of pupils, staff, or other persons, or the schoolsite.
(d) "Integrated pest management plan" means a written plan based on a template provided or approved by the Department of Pesticide Regulation that outlines a strategy for integrated pest management, as described in Section 13181 of the Food and Agricultural Code.
(e) "School designee" or "IPM coordinator" means a schoolsite or school district employee identified by a schoolsite or school district to carry out the requirements of this article or to ensure that the requirements of this article are carried out.
(f) "Schoolsite" means any facility used as a child day care facility, as defined in Section 1596.750 of the Health and Safety Code, or for kindergarten, elementary, or secondary school purposes. The term includes the buildings or structures, playgrounds, athletic fields, vehicles, or any other area of property visited or used by pupils. "Schoolsite" does not include any postsecondary educational facility attended by secondary pupils or private kindergarten, elementary, or secondary school facilities. For child day care facilities, the State Department of Social Services shall serve as the liaison to these facilities, as needed.
(a) "Antimicrobial" means those pesticides defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).
(b) "Crack and crevice treatment" means the application of small quantities of a pesticide consistent with labeling instructions in a building into openings such as those commonly found at expansion joints, between levels of construction, and between equipment and floors.
(c) "Emergency conditions" means any circumstances in which the school designee or a property owner of a property where a privately operated child day care facility is located, or the property owner's agent, deems that the immediate use of a pesticide is necessary to protect the health and safety of pupils, staff, or other persons, or the schoolsite.
(d) "Integrated pest management plan" means a written plan based on a template provided or approved by the Department of Pesticide Regulation that outlines a strategy for integrated pest management, as described in Section 13181 of the Food and Agricultural Code.
(e) "School designee" or "IPM coordinator" means a schoolsite or school district employee identified by a schoolsite or school district to carry out the requirements of this article or to ensure that the requirements of this article are carried out.
(f) "Schoolsite" means any facility used as a child day care facility, as defined in Section 1596.750 of the Health and Safety Code, or for kindergarten, elementary, or secondary school purposes. The term includes the buildings or structures, playgrounds, athletic fields, vehicles, or any other area of property visited or used by pupils. "Schoolsite" does not include any postsecondary educational facility attended by secondary pupils or private kindergarten, elementary, or secondary school facilities. For child day care facilities, the State Department of Social Services shall serve as the liaison to these facilities, as needed.
(a) It is the policy of the state that effective least toxic
pest management practices should be the preferred method of managing
pests at schoolsites and that the state, in order to reduce children'
s exposure to toxic pesticides, shall take the necessary steps,
pursuant to Article 17 (commencing with Section 13180) of Chapter 2
of Division 7 of the Food and Agricultural Code, to facilitate the
adoption of effective least toxic pest management practices at
schoolsites. It is the intent of the Legislature that all school
personnel involved in the application of a pesticide at a schoolsite
be trained in integrated pest management and the safe use of
pesticides in relation to the unique nature of schoolsites and
children's health.
(b) (1) (A) A property owner of a property where a child day care facility is located, or the property owner's agent, who personally applies any pesticides on an area listed in paragraph (2) shall provide notice to the child day care facility as described in paragraph (3) at least 120 hours before the application, unless an emergency condition, as defined in Section 17609, exists.
(B) An owner of property on which a child day care facility is located shall be subject to the requirement to provide notice pursuant to this subdivision 30 days after it has received notice from a child day care facility of its presence at the property, unless the property owner, or his or her agent, received that notice pursuant to paragraph (1) of subdivision (d) of Section 1597.40 of the Health and Safety Code before the effective date of this subdivision in which case the property owner shall be subject to the notice requirements on and after the effective date of this subdivision.
(2) This subdivision applies when a property owner or his or her agent intends to personally apply pesticides on any of the following:
(A) Inside the rented premises on which the child day care facility is located.
(B) Upon a designated child day care facility playground designated by the property owner.
(C) Upon an area designated for use by the child day care facility.
(D) Upon an area within 10 feet of the perimeter of the child day care facility.
(3) The notice required by paragraph (1) shall include the following:
(A) The product name.
(B) The manufacturer's name.
(C) The active ingredients of each pesticide.
(D) The United States Environmental Protection Agency's product registration number.
(E) The intended date of application.
(F) The areas of application listed in paragraph (2).
(G) The reason for application.
(4) A notice of pesticide application provided to a tenant pursuant to subdivision (d) of Section 13186 of the Food and Agricultural Code shall satisfy the notice requirements of this section.
(5) If the child day care facility ceases to operate on the property, the provisions of this act shall no longer apply to the property.
(b) (1) (A) A property owner of a property where a child day care facility is located, or the property owner's agent, who personally applies any pesticides on an area listed in paragraph (2) shall provide notice to the child day care facility as described in paragraph (3) at least 120 hours before the application, unless an emergency condition, as defined in Section 17609, exists.
(B) An owner of property on which a child day care facility is located shall be subject to the requirement to provide notice pursuant to this subdivision 30 days after it has received notice from a child day care facility of its presence at the property, unless the property owner, or his or her agent, received that notice pursuant to paragraph (1) of subdivision (d) of Section 1597.40 of the Health and Safety Code before the effective date of this subdivision in which case the property owner shall be subject to the notice requirements on and after the effective date of this subdivision.
(2) This subdivision applies when a property owner or his or her agent intends to personally apply pesticides on any of the following:
(A) Inside the rented premises on which the child day care facility is located.
(B) Upon a designated child day care facility playground designated by the property owner.
(C) Upon an area designated for use by the child day care facility.
(D) Upon an area within 10 feet of the perimeter of the child day care facility.
(3) The notice required by paragraph (1) shall include the following:
(A) The product name.
(B) The manufacturer's name.
(C) The active ingredients of each pesticide.
(D) The United States Environmental Protection Agency's product registration number.
(E) The intended date of application.
(F) The areas of application listed in paragraph (2).
(G) The reason for application.
(4) A notice of pesticide application provided to a tenant pursuant to subdivision (d) of Section 13186 of the Food and Agricultural Code shall satisfy the notice requirements of this section.
(5) If the child day care facility ceases to operate on the property, the provisions of this act shall no longer apply to the property.
(a) (1) The use of a pesticide on a schoolsite is
prohibited if that pesticide is granted a conditional registration,
an interim registration, or an experimental use permit by the
Department of Pesticide Regulation, or if the pesticide is subject to
an experimental registration issued by the United States
Environmental Protection Agency, and either of the following is
applicable:
(A) The pesticide contains a new active ingredient.
(B) The pesticide is for a new use. This paragraph does not apply to a conditionally registered pesticide that is approved for other uses that has fulfilled all registration requirements that relate to human health, including, but not limited to, the completion of mandatory health effect studies pursuant to the Birth Defect Prevention Act of 1984 (Art. 14 (commencing with Sec. 13121), Ch. 2, Div. 7, F. & A.C.). The requirements of this section are not intended to impose any new labeling requirements.
(2) The use of a pesticide on a schoolsite is prohibited if the Department of Pesticide Regulation cancels or suspends registration, or requires phase out of use, of that pesticide.
(b) Vendors or manufacturers of pesticides that are prohibited for use on a schoolsite pursuant to subdivision (a) are prohibited from furnishing those pesticides to school districts or schoolsites either by sale or by gift.
(c) This section does not apply to public health pesticides or antimicrobial pesticides registered pursuant to Section 12836 of the Food and Agricultural Code.
(A) The pesticide contains a new active ingredient.
(B) The pesticide is for a new use. This paragraph does not apply to a conditionally registered pesticide that is approved for other uses that has fulfilled all registration requirements that relate to human health, including, but not limited to, the completion of mandatory health effect studies pursuant to the Birth Defect Prevention Act of 1984 (Art. 14 (commencing with Sec. 13121), Ch. 2, Div. 7, F. & A.C.). The requirements of this section are not intended to impose any new labeling requirements.
(2) The use of a pesticide on a schoolsite is prohibited if the Department of Pesticide Regulation cancels or suspends registration, or requires phase out of use, of that pesticide.
(b) Vendors or manufacturers of pesticides that are prohibited for use on a schoolsite pursuant to subdivision (a) are prohibited from furnishing those pesticides to school districts or schoolsites either by sale or by gift.
(c) This section does not apply to public health pesticides or antimicrobial pesticides registered pursuant to Section 12836 of the Food and Agricultural Code.
Sections 17611 and 17612 shall not apply to a pesticide
product deployed in the form of a self-contained bait or trap, to gel
or paste deployed as a crack and crevice treatment, to any pesticide
exempted from regulation by the United States Environmental
Protection Agency pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 136 et seq.), or to antimicrobial
pesticides, including sanitizers and disinfectants.
(a) Each schoolsite shall maintain records of all pesticide
use at the schoolsite for a period of four years, and shall make this
information available to the public, upon request, pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code). A schoolsite
may meet the requirements of this section by retaining a copy of the
warning sign posted for each application required pursuant to Section
17612, and recording on that copy the amount of the pesticide used.
(b) (1) If a schoolsite chooses to use a pesticide not included within Section 17610.5, at the end of each calendar year, or more often at the discretion of a school designee, the school designee shall submit to the Director of Pesticide Regulation a copy of the records of all pesticide use at the schoolsite for the calendar year. The records submitted to the Director of Pesticide Regulation shall be submitted using a form prepared by the Department of Pesticide Regulation similar to that prepared pursuant to subdivision (b) of Section 13186 of the Food and Agricultural Code, and shall include all of the following:
(A) The name of a school designee for the schoolsite.
(B) The name and address of the schoolsite, or the department code or licensed child day care facility number indicating if the site is an elementary or secondary school facility, or a child day care facility.
(C) The product name, manufacturer's name, the United States Environmental Protection Agency's product registration number, and the amount used, including the unit of measurement.
(D) The date, time, and location of application.
(2) The report submitted pursuant to paragraph (1) shall not include pesticide use reported pursuant to subdivision (c) of Section 13186 of the Food and Agricultural Code.
(b) (1) If a schoolsite chooses to use a pesticide not included within Section 17610.5, at the end of each calendar year, or more often at the discretion of a school designee, the school designee shall submit to the Director of Pesticide Regulation a copy of the records of all pesticide use at the schoolsite for the calendar year. The records submitted to the Director of Pesticide Regulation shall be submitted using a form prepared by the Department of Pesticide Regulation similar to that prepared pursuant to subdivision (b) of Section 13186 of the Food and Agricultural Code, and shall include all of the following:
(A) The name of a school designee for the schoolsite.
(B) The name and address of the schoolsite, or the department code or licensed child day care facility number indicating if the site is an elementary or secondary school facility, or a child day care facility.
(C) The product name, manufacturer's name, the United States Environmental Protection Agency's product registration number, and the amount used, including the unit of measurement.
(D) The date, time, and location of application.
(2) The report submitted pursuant to paragraph (1) shall not include pesticide use reported pursuant to subdivision (c) of Section 13186 of the Food and Agricultural Code.
(a) The school designee may develop and post on the
Internet Web site of the schoolsite, or, if the schoolsite does not
maintain an Internet Web site, the school district, an integrated
pest management plan for the schoolsite or the school district. If
neither the schoolsite nor the school district maintains an Internet
Web site, the school designee may include the integrated pest
management plan with the annual notification sent to staff and
parents or guardians of pupils enrolled at the schoolsite pursuant to
Section 17612. The integrated pest management plan shall include the
name of the school designee or IPM coordinator, include the
pesticides expected to be applied at the schoolsite by schoolsite or
school district employees and hired pest control applicators, and
include a date when the plan shall be reviewed and, if necessary,
updated.
(b) If a schoolsite chooses to use a pesticide not included within Section 17610.5, the school designee shall post on the Internet Web site of the schoolsite, or, if the schoolsite does not maintain an Internet Web site, the school district, an integrated pest management plan for the schoolsite or the school district. If neither the schoolsite nor the school district maintains an Internet Web site, the school designee shall include the integrated pest management plan with the annual notification sent to staff and parents or guardians of pupils enrolled at the schoolsite pursuant to Section 17612. The integrated pest management plan shall include the name of the school designee or IPM coordinator, include the pesticides applied at the schoolsite by schoolsite or school district employees and hired pest control applicators, and include a date when the plan shall be reviewed and, if necessary, updated.
(c) Nothing in this section shall limit or otherwise change the requirements of Section 17612.
(b) If a schoolsite chooses to use a pesticide not included within Section 17610.5, the school designee shall post on the Internet Web site of the schoolsite, or, if the schoolsite does not maintain an Internet Web site, the school district, an integrated pest management plan for the schoolsite or the school district. If neither the schoolsite nor the school district maintains an Internet Web site, the school designee shall include the integrated pest management plan with the annual notification sent to staff and parents or guardians of pupils enrolled at the schoolsite pursuant to Section 17612. The integrated pest management plan shall include the name of the school designee or IPM coordinator, include the pesticides applied at the schoolsite by schoolsite or school district employees and hired pest control applicators, and include a date when the plan shall be reviewed and, if necessary, updated.
(c) Nothing in this section shall limit or otherwise change the requirements of Section 17612.
(a) The school designee shall annually provide to all staff
and parents or guardians of pupils enrolled at a schoolsite a written
notification of the name of all pesticide products expected to be
applied at the schoolsite during the upcoming year. The notification
shall identify the active ingredient or ingredients in each pesticide
product. The notice shall also contain the Internet address used to
access information on pesticides and pesticide use reduction
developed by the Department of Pesticide Regulation pursuant to
Section 13184 of the Food and Agricultural Code, the Internet address
where the schoolsite integrated pest management plan may be found if
the schoolsite has posted the plan, and may contain other
information deemed necessary by the school designee. The notice shall
also inform staff and parents and guardians of pupils enrolled at a
schoolsite that they may view a copy of the integrated pest
management plan in the schoolsite office. No other written
notification of pesticide applications shall be required by this act
except as follows:
(1) In the written notification provided pursuant to this subdivision, the school designee shall provide the opportunity for recipients to register with the schoolsite if they wish to receive notification of individual pesticide applications at the schoolsite. Persons who register for notification shall be notified of individual pesticide applications at least 72 hours before the application. The notice shall include the product name, the active ingredient or ingredients in the product, and the intended date of application.
(2) If a pesticide product not included in the annual notification is subsequently intended for use at the schoolsite, the school designee shall, consistent with this subdivision and at least 72 hours before application, provide written notification of its intended use.
(b) The school designee shall make every effort to meet the requirements of this section in the least costly manner. Annual notification by a school district to parents and guardians shall be provided pursuant to Section 48980.3. Any other notification shall, to the extent feasible and consistent with the act adding this article, be included as part of any other written communication provided to individual parents or guardians. This section shall not require the school designee to issue the notice through first-class mail, unless he or she determines that no other method is feasible.
(c) Pest control measures taken during an emergency condition as defined in Section 17609 shall not be subject to the requirements of paragraphs (1) and (2) of subdivision (a). However, the school designee or property owner shall make every effort to provide the required notification for an application of a pesticide under emergency conditions.
(d) The school designee shall post each area of the schoolsite where pesticides will be applied with a warning sign. The warning sign shall prominently display the term "Warning/Pesticide Treated Area" and shall include the product name, manufacturer's name, the United States Environmental Protection Agency's product registration number, intended date and areas of application, and reason for the pesticide application. The warning sign shall be visible to all persons entering the treated area and shall be posted 24 hours before the application and remain posted until 72 hours after the application. In case of a pest control emergency, the warning sign shall be posted immediately upon application and shall remain posted until 72 hours after the application.
(e) Subdivisions (a) and (d) shall not apply to schools operated by the Division of Juvenile Justice. The school administrator of a school operated by the Division of Juvenile Justice shall notify the chief medical officer of that facility at least 72 hours before the application of pesticides. The chief medical officer shall take any steps necessary to protect the health of pupils in that facility.
(f) This section and Section 17611 shall not apply to activities undertaken at a school by participants in the state program of agricultural vocational education, pursuant to Article 7 (commencing with Section 52450) of Chapter 9 of Part 28 of Division 4 of Title 2, if the activities are necessary to meet the curriculum requirements prescribed in Section 52454. This subdivision does not relieve schools participating in the state program of agricultural vocational education of any duties pursuant to this section for activities that are not directly related to the curriculum requirements of Section 52454.
(g) Sections 17610 to 17614, inclusive, shall not apply to family day care homes or property owners of family day care homes, as defined in Section 1596.78 of the Health and Safety Code, or their agents who personally apply any pesticides.
(h) If pesticide is applied by a property owner or his or her agent, or by a pest control operator, failure to provide notice pursuant to subdivision (b) of Section 17610 or subdivision (d) of Section 13186 of the Food and Agricultural Code shall relieve a privately operated child day care facility from the requirements of this section.
(1) In the written notification provided pursuant to this subdivision, the school designee shall provide the opportunity for recipients to register with the schoolsite if they wish to receive notification of individual pesticide applications at the schoolsite. Persons who register for notification shall be notified of individual pesticide applications at least 72 hours before the application. The notice shall include the product name, the active ingredient or ingredients in the product, and the intended date of application.
(2) If a pesticide product not included in the annual notification is subsequently intended for use at the schoolsite, the school designee shall, consistent with this subdivision and at least 72 hours before application, provide written notification of its intended use.
(b) The school designee shall make every effort to meet the requirements of this section in the least costly manner. Annual notification by a school district to parents and guardians shall be provided pursuant to Section 48980.3. Any other notification shall, to the extent feasible and consistent with the act adding this article, be included as part of any other written communication provided to individual parents or guardians. This section shall not require the school designee to issue the notice through first-class mail, unless he or she determines that no other method is feasible.
(c) Pest control measures taken during an emergency condition as defined in Section 17609 shall not be subject to the requirements of paragraphs (1) and (2) of subdivision (a). However, the school designee or property owner shall make every effort to provide the required notification for an application of a pesticide under emergency conditions.
(d) The school designee shall post each area of the schoolsite where pesticides will be applied with a warning sign. The warning sign shall prominently display the term "Warning/Pesticide Treated Area" and shall include the product name, manufacturer's name, the United States Environmental Protection Agency's product registration number, intended date and areas of application, and reason for the pesticide application. The warning sign shall be visible to all persons entering the treated area and shall be posted 24 hours before the application and remain posted until 72 hours after the application. In case of a pest control emergency, the warning sign shall be posted immediately upon application and shall remain posted until 72 hours after the application.
(e) Subdivisions (a) and (d) shall not apply to schools operated by the Division of Juvenile Justice. The school administrator of a school operated by the Division of Juvenile Justice shall notify the chief medical officer of that facility at least 72 hours before the application of pesticides. The chief medical officer shall take any steps necessary to protect the health of pupils in that facility.
(f) This section and Section 17611 shall not apply to activities undertaken at a school by participants in the state program of agricultural vocational education, pursuant to Article 7 (commencing with Section 52450) of Chapter 9 of Part 28 of Division 4 of Title 2, if the activities are necessary to meet the curriculum requirements prescribed in Section 52454. This subdivision does not relieve schools participating in the state program of agricultural vocational education of any duties pursuant to this section for activities that are not directly related to the curriculum requirements of Section 52454.
(g) Sections 17610 to 17614, inclusive, shall not apply to family day care homes or property owners of family day care homes, as defined in Section 1596.78 of the Health and Safety Code, or their agents who personally apply any pesticides.
(h) If pesticide is applied by a property owner or his or her agent, or by a pest control operator, failure to provide notice pursuant to subdivision (b) of Section 17610 or subdivision (d) of Section 13186 of the Food and Agricultural Code shall relieve a privately operated child day care facility from the requirements of this section.
Section 17612 shall not apply to any agency signatory to a
cooperative agreement with the State Department of Health Services
pursuant to Section 116180 of the Health and Safety Code.
(a) Commencing July 1, 2016, and except as provided in
subdivision (b), the school designee, and any person, including, but
not necessarily limited to, a schoolsite or school district employee,
who, in the course of his or her work, intends to apply a pesticide
at a schoolsite subject to this article, shall annually complete a
training course provided by the Department of Pesticide Regulation or
an agent authorized by the Department of Pesticide Regulation. The
training course shall include integrated pest management and the safe
use of pesticides in relation to the unique nature of schoolsites
and children's health.
(b) (1) Commencing July 1, 2016, any person hired to apply a pesticide at a schoolsite subject to this article shall complete at least a one-hour training course in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children's health before applying pesticides at a schoolsite subject to this article and during each subsequent licensing period in which the person applies a pesticide at a schoolsite subject to this article. The training course may be applied to his or her professional continuing education requirement required by the Structural Pest Control Board or the Department of Pesticide Regulation.
(2) The training course required by paragraph (1) shall be developed by the Department of Pesticide Regulation and may also be developed by a provider approved by the Structural Pest Control Board if the training course has been approved by the Department of Pesticide Regulation.
(3) The Department of Pesticide Regulation shall ensure that the training course it develops or approves pursuant to paragraph (2) meets the requirements for continuing education credit required by the Structural Pest Control Board and the Department of Pesticide Regulation.
(b) (1) Commencing July 1, 2016, any person hired to apply a pesticide at a schoolsite subject to this article shall complete at least a one-hour training course in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children's health before applying pesticides at a schoolsite subject to this article and during each subsequent licensing period in which the person applies a pesticide at a schoolsite subject to this article. The training course may be applied to his or her professional continuing education requirement required by the Structural Pest Control Board or the Department of Pesticide Regulation.
(2) The training course required by paragraph (1) shall be developed by the Department of Pesticide Regulation and may also be developed by a provider approved by the Structural Pest Control Board if the training course has been approved by the Department of Pesticide Regulation.
(3) The Department of Pesticide Regulation shall ensure that the training course it develops or approves pursuant to paragraph (2) meets the requirements for continuing education credit required by the Structural Pest Control Board and the Department of Pesticide Regulation.
