Summary of State Bait Exemptions From School Pesticide Use
Notification Requirements as of February 4, 2004
States Exempting Baits from Notification Requirement (of 20 states)
Alaska, California, Connecticut, Illinois, Kentucky, Maine, Maryland,
Massachusetts, Minnesota, New Jersey, New Mexico, New York, Pennsylvania,
Rhode Island, West Virginia, Washington, Wyoming
Indiana and Virginia exempt baits from their non-binding policies. Montana
exempts baits, gels and pastes from its public building-posting requirement
Statutory Language
Alaska:
“Applications of silica gels and other ready to use pastes,
foams, or gels that will be used in areas inaccessible to
children”; “Applications or rodenticides in tamper resistant
bait stations or in areas inaccessible to children”
Arizona:
No exemption
California:
“Pesticide products deployed in the form of a self contained
bait or trap, to gel or paste deployed as a crack or crevice
treatment”
Connecticut:
“Pesticide baits”
Illinois:
“Insecticide baits and rodenticide baits”
Indiana:
“Manufactured enclosed paste or gel bait insecticides where
students do not have access to the bait” (Non binding
notification policy developed by Indiana Pesticide Review
Board)
Kentucky:
“Manufactured paste or gel bait insecticides placed in areas
where humans do not have reasonable access to the bait”
Maine:
“Non-volatile baits, gels, pastes and granular materials
placed in areas inaccessible to students”
Maryland:
“Any bait”
Massachusetts:
“Rodenticides placed in tamper resistant bait stations or
placed in areas inaccessible to children”; “Insecticidal baits
placed in tamper resistant bait stations or placed in areas
inaccessible to children” (Two of pesticides to be permitted
to be used in schools)
Michigan:
No bait exemption
Minnesota:
Pesticides classified by the U.S. EPA as Category IV
pesticides are exempt from notification requirements. This
includes pesticides with the signal word “Caution” on the
label; most, if not, all baits have the signal word “Caution” on
their labeling.
Montana:
“Pest bait, paste or gel, or other pesticide that is designated
by the (Montana) Department (of Agriculture) …. for retail
sale” are exempt from posting requirement. (No notification
requirement)
New Jersey:
“Any gel, paste, bait….. silica gels”
New Mexico:
“Small amounts of gel or liquid pesticides applied to cracks
or crevices or baits”
New York:
“Non volatile insecticidal baits in tamper resistant bait
stations or in areas inaccessible to children”: “Non volatile
rodenticides in tamper resistant bait stations or in areas
inaccessible to children”
Pennsylvania:
“Self-containerized baits placed in areas not accessible to
students and gel type baits placed in cracks, crevices or
voids”
Rhode Island:
“Insecticidal gels, non volatile insect or rodent bait in a
tamper resistant container”
Texas:
No bait exemption
Virginia:
“Pesticide gels, baits, or pastes” are exempt from the
Virginia Board of Pesticide Control’s non-binding school
pesticide use notification and posting policy.
West Virginia:
“Baits in tamper resistant containers or for crack and crevice
or void placements only”
Washington:
“Placement of insect or rodent baits that are not accessible
to children”
Wyoming:
“Insect and rodent bait stations of the type available for
home use”
Bob,
Of the 20 states that have a school notification requirement, 17 exempt baits to
some degree. The only states that do not exempt baits – Arizona, Michigan, and
Texas – adopted their notification requirements in the early 1990s.
Arizona passed its law in 1993, Michigan passed its school IPM law in 1989 and
its notification registry law in 1993, and Texas passed its school use law in 1991.
Arizona, Michigan and Texas passed their requirements just as baits were
becoming widely embraced and used and lawmakers were probably not yet
familiar with this technology. Since Arizona and Michigan passed their school
notification laws in 1993, every state that has since adopted a school notification
law or rule exempts baits in some manner.
I think this makes for a compelling argument. If you have any questions, give me
a call in the morning at 1-800-678-6722, ext. 130.
Good luck!!!
Take care,
Gene