Pesticide Law Impacts Schools

June 01, 2001

In August of 2000, Governor George Pataki signed the New York State Neighbor Notification Law. One of the new law’s requirements is for schools in New York State to establish a pesticide notification procedure to provide information on pesticide applications at school facilities. This requirement becomes effective July 1, 2001. The law amends, among others, the Education Law.

Pursuant to the new law, schools are required to provide written notification of pesticide applications at any school facility to staff, parents and guardians. The law sets out certain requirements for school districts to follow. An easy to follow outline of the most important requirements of the new law is set forth below.

1. Schools must provide written notification to all staff, parents and guardians at the beginning of each school year. If a child enrolls after the beginning of the school year, notification must be provided within one week of such enrollment. The notification must contain the following information:

• a statement that pesticide products may be used periodically throughout the school year;

• a statement that schools are required to maintain lists of staff, parents and guardians who wish to receive 48 hour prior written notification of pesticide applications, and instructions on how to register to be on such a list; and

• the name of a school representative and contact number to obtain further information.

2. Schools are required to provide 48 hours written notification to those on its lists, and that notification must include, at a minimum, the following:

• the specific date and location of the application of a pesticide at a facility, and in case of outdoor applications, the notice must provide a specific date, and may include two alternative dates in case the application cannot be made due to weather conditions;

• the product name and pesticide registration number assigned by the United States Environmental Protection Agency;

• the following statements: “This notice is to inform you of a pending pesticide application to a school facility. You may wish to discuss with the designated school representative what precautions are being taken to protect your child from exposure to these pesticides. Further information about the product(s) being applied, including any warnings that appear on the label of the pesticide(s) that are pertinent to the protection of humans, animals or the environment, can be obtained by calling the National Pesticide Telecommunications Network information phone number 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Info line at 1-800-458-1158”; and

• the name of a school representative and contact number for additional information.

3. Within ten days of the end of the school year and within two school days of the end of winter recess and spring recess, schools must provide written notification to all staff, parents and guardians listing the date, location and product used for each application which required prior notification and each emergency application during the period of time since the previous notice. Additional information must be incorporated into this notification similar to that provided in the written notification at the beginning of each school year (see list above).

For more information regarding the required notices, exempt pesticides, circumstances under which applications require no prior notification, and emergency applications of pesticides, contact Miriam E. Villani at 516-227-0607.

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