Oregon School Pesticide Use and IPM program:
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part
of the body thereof subject to consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as introduced.
Requires school district to send annual notice of planned pesticide application at school
site. Allows person to request notice prior to actual application of pesticide at school site.
Requires posting of pesticide application area within school site. Prohibits application of
certain pesticides at school site within eight hours prior to times students are expected to
be present.
A BILL FOR AN ACT
Relating to pesticides.
Be It Enacted by the People of the State of Oregon:
SECTION 1. As used in sections 1 to 5 of this 2001 Act:
(1) 'Crack and crevice treatment' means the application of small quantities of pesticide
in a manner consistent with labeling instructions into openings in a building that are
commonly found at expansion joints, between levels of construction and between
equipment and floors.
(2) 'Emergency conditions' means circumstances in which the school district designee
determines that the immediate use of a pesticide is necessary to protect the school site or
the health and safety of pupils, staff or other persons.
(3) 'Pesticide' has the meaning given that term in ORS 634.006.
(4) 'School district designee' means the individual identified by the school district to
carry out the requirements of sections 1 to 5 of this 2001 Act at the school site.
(5) 'School site' means a facility used for public pre-kindergarten, kindergarten or grades
1 through 12 education. ' School site' includes the buildings or structures, playgrounds,
athletic fields, school vehicles and other areas of school property visited or used by
pupils. 'School site' does not include any private school facility or post-secondary
educational facility attended by secondary pupils.
SECTION 2.
(1) The Legislative Assembly finds and declares that it is the policy of this state that the
least toxic effective pest management method is the preferred method of
managing pests at school sites and that this state, in order to reduce the exposure of
children to toxic pesticides, must take the necessary actions to facilitate the adoption of
the least toxic effective pest management methods at school sites.
(2) It is the intent of the Legislative Assembly to encourage appropriate training of
school personnel involved in the application of pesticide at a school site.
SECTION 3.
Sections 4 and 5 of this 2001 Act do 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 or to any pesticide exempted from regulation pursuant to ORS chapter 634.
SECTION 4.
A school site shall maintain records of all pesticide use at the school site for four years,
and make the records available to the public upon request. A school site may comply with
this section by retaining a copy of the warning sign posted for each application as
provided in section 5 (4) of this 2001 Act and recording on the copy the amount of the
pesticide used.
SECTION 5.
(1) The school district designee shall annually provide to staff and parents or guardians
of pupils enrolled at a school site a written notification of the name of all pesticide
products expected to be applied at the school site during the upcoming year. The
notification must identify the active ingredient or ingredients in each pesticide product.
Other written notification of pesticide applications is not required by
sections 1 to 5 of this 2001 Act except as follows:
(a) The written notification provided pursuant to this section shall include a notice that a
person may register with the school district to receive notification of individual pesticide
applications at the school site. The school district shall notify registered persons of
individual pesticide applications at least 72 hours prior to the application. The notice
must include the product name, the active ingredient or ingredients in the product
and the intended date of application.
(b) If a pesticide product not included in the annual notification is subsequently intended
for use at the school site, the school district designee shall provide written notification
of the intended use of the pesticide at least 72 hours prior to the application. The notice
must include the product name, the active ingredient or ingredients in the product and the
intended date of application.
(2) The school district designee may include the notice required by subsection (1) of this
section with other written communication provided to individual parents or guardians. A
school district designee may cause the notice to be delivered by any means the designee
determines to be feasible.
(3) Pest control measures taken during an emergency condition are not subject to the
requirements of subsection (1) of this section, but the school district designee must give
the required notification for an application of a pesticide under emergency
conditions to the extent notification is practicable.
(4) The school district designee shall post warning signs in each area of the school site
where pesticides will be applied. The warning sign must prominently display the phrase '
Warning/Pesticide Treated Area' and include the product name, manufacturer's name,
product registration number issued by the United States Environmental Protection
Agency, intended date and areas of pesticide application and reason for the pesticide
application. The warning sign must be visible to persons entering the application area, be
posted 24 hours prior to the application and remain posted until 72 hours after the
application. If an emergency condition occurs, the warning sign must be posted
immediately upon application of the pesticide and remain posted until 72 hours after the
application.
(5) Subsections (1) and (4) of this section do not apply to schools operated by the
Oregon Youth Authority. The administrator of a school operated by the Oregon Youth
Authority shall notify the chief medical officer of that facility at least 72 hours
prior to application of pesticides. The chief medical officer shall take any steps necessary
to protect the health of pupils in that facility.
(6) This section and section 4 of this 2001 Act do not apply to activities undertaken at a
professional technical school giving instruction in agricultural subjects pursuant to ORS
344.130 if the activities are part of the school curriculum. This subsection does not
relieve professional technical schools of duties pursuant to this section for activities that
are not directly related to the curriculum.
SECTION 6.
A school district may apply or permit the application of a pesticide that is listed by the
State Department of Agriculture as a highly toxic or restricted-use pesticide pursuant to
ORS chapter 634 only during periods that students are not expected to be present for
normal academic instruction or organized extracurricular activities within eight hours
after the application.