Section 17610 Of Article 4. Healthy Schools Act Of 2000 From California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 5. >> Article 4.
17610
. (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.