New
York
STATE
SCHOOL PESTICIDE LAW
I. Restricted
Spray Zones Around School Property
Overview
Pesticides
move off the target site when they are sprayed, whether inside or outside.
When sprayed outside pesticides drift on to nearby property resulting
in off target residues. Buffer zones can eliminate exposure from spray
drift on to school property. As a result, states require buffer zones
around schools. In order to adequately protect against drift, buffer
zones should, at a minimum, be established in a 2 mile radius around
the school’s property. Aerial applications should have a larger
buffer zone, at least 3 miles encircling the school. Buffer zones should
be in effect at all times of the day. It is especially important for
spray restrictions to be in place during commuting times and while students
and employees are on school grounds.
State
Information
New
York does
not have any statewide requirements regarding restricted spray zones
around school property.
II. Posting
Notification Signs for Indoor Pesticide Applications
Overview
States
use different approaches in providing school pesticide use information
to parents, students and staff. Some forms include the posting of notification
signs and/or the distribution of notices directly to the affected population.
Posted notification signs warn those in the school when and where pesticides
have been or are being applied. This is a vehicle for basic right-to-know
if the posting occurs in an area where it is easily seen by parents,
students and staff. It is important to post signs for indoor pesticide
applications because of the extensive period of time students and school
employees spend at school. Signs posted prior to commencement of the
pesticide application, not after, are more protective. The prior notification
system effectively enables people to take precautionary action. Because
of the residues left behind after an application, signs should remain
posted for at least 72 hours. It takes time for pesticides to start
breaking down and some pesticide residues can least for weeks. Signs
should also be posted at all main entrances of the building and the
specific area sprayed, on the main bulletin board, and, for more comprehensive
notification, in the school newspaper or on the daily announcements.
Posted signs should state when and where a pesticide is applied, the
name of the pesticide applied and how to get further information, such
as a copy of the material safety data sheet (MSDS) and the product(s)
label.
State
Information
New
York does not have any statewide posting requirements for indoor pesticide
applications.
III. Posting
Notification Signs for Outdoor Pesticide Applications
Overview
For a wider range
of protection, states should require posting pesticide notification signs
for outdoor pesticide applications as well. Students who play sports or
people continually on the lawns represent a high risk when applications
occur on school property. Dermal exposure can occur when a football player
gets tackled, a soccer player slides to make a block or a student sits
on the grass to eat lunch or watch a game. Inhalation exposure can occur
when a player breathes in kicked up dust and dirt and pesticide residues.
Even spectators at a game or passersby face inhalation exposure to pesticides
that volatilize or vaporize off the treated area.
State Information
New York Environmental
Conservation Law, sections 33-09 and 33-10, require certified and commercial
lawn applicators to post signs for applications made to lawns and all
other outdoor applications. Signs are to remain posted for 24 hours. Information
regarding the application is available upon request. In addition, indoor
and outdoor pesticide use for daycare centers must post signs for 48 hours
prior to application.
IV. Prior
Written Notification
Overview
Written notification
of pesticide use is a good way to make sure that all parents, children
and staff are aware and warned of pesticide use in the schools. Limited
notification-based registries is a less effective means of notifying people
and does not qualify as true right-to-know because of its limited scope.
Requiring that individuals place themselves on registries, sometimes only
with a doctor’s letter, afford only those who already know about
toxic exposure the opportunity to be informed about pesticide use in the
school. Prior notification should be 72 hours in advance to make sure
the information has been received, to get further information regarding
the pesticide and to make arrangements to avoid the exposure, if necessary.
Notification should include the name of the pesticide(s), a summary of
the adverse health effects listed on the Material Safety Data Sheet (MSDS)
and label, the day and time, and area of the application and how to obtain
a copy of the MSDS and label.
State Information
The school shall provide
written notification to all staff and persons in parental relation at
the beginning of each school year. Provided however, that if a child enrolls
after the beginning of the school year, notification shall be provided
within one week of such enrollment. Parents and staff can sign up to be
placed on a registry to receive 48 hour advanced notice of any pesticide
applications.
V. Prohibitions
on Use
Overview
Limiting
when and what pesticides are applied in and around schools is important
to the reduction of pesticide exposure. Pesticides should never be applied
when students or employees are in the area or may be in the area within
24 hours of the application. In reality, certain types of pesticides,
such as carcinogens, endocrine disrupters, reproductive toxins, developmental
toxins, neurotoxins, persistent compounds and substances, bioaccumulative
compounds and substances, toxicity category 1 acutely toxic pesticides
and ground water contaminants should not be used around children.
State
Information
New York
does not have any state laws restricting school pesticide use.
Overview
A good integrated
pest management (IPM) program can eliminate the unnecessary application
of synthetic, volatile pesticides in schools. The main elements of a good
IPM program include: 1) monitoring to establish whether there is a pest
problem, 2) identifying the causes of the pest problem, 3) addressing
the cause by changing conditions to prevent problems, 4) utilizing pest
suppression techniques, if necessary, that are based on mechanical and
biological controls and 5) only after nontoxic alternatives have been
tried and exhausted, use the least toxic pesticide. An IPM policy should
include a written policy guide and a prohibited and acceptable materials
list. Material that could be considered after using other methods include
boric acid and disodium octoborate tetrahydrate, silica gels, diatomaceous
earth, insect growth regulators, insect and rodent baits in tamper resistant
containers or for crack and crevice placement only, microbe-based insecticides,
botanical insecticides (not including synthetic pyrethriods) without toxic
synergists, and biological (living) control agents.
State Information
The state of New York
recommends schools implement an Integrated Pest Management Program (IPM).
COPY
OF STATE SCHOOL PESTICIDE LAW
New
York Neighbor Notification Law
LOCAL SCHOOL PESTICIDE PROGRAMS
Baldwin Union
Free School District
Date Passed: March
2001
IPM: The districts program states least toxic pesticides will be used
only when "absolutely necessary." The program also gives examples
of IPM strategies for indoor and outdoor sites.
Notification: See state law above.
Prohibitions on Use: The school district shall eliminate routine spraying/fogging,
eliminate fogging and spraying for head lice and remove all pesticide
sprays from school buildings.
Other: The Director if Facilities and Operations shall maintain detailed
records of any pesticide application. This includes Material Safety Data
Sheets. The school districts has also established an IPM Committee.
Contact: Michael Sheehan, Facilities Director. Phone: (516) 377-9312.
Baldwin Union Free School District, Office of Facilities and Operations,
960 Hastings Street, Baldwin, NY 11510
Ballston
Spa School District
Date Passed: Unknown.
IPM: The district's policy states least-toxic pesticides shall
be used only as a last resort and only when other "progressive"
responses have shown to be unavailable, infeasible or ineffective. It
is the desire and intent of the school district to eliminate the use of
pesticides through the use of "non-toxic agents."
Notification: See state law above.
Prohibitions on Use: Pesticides used for purely aesthetic purposes,
routine scheduled pesticide applications and applications by fogging are
prohibited.
Contact: Facilities and Operations Coordinator Edwin Martin. Phone:
(518) 884-7195 ext. 315
Ballston Soa School District, 70 Malta Avenue, Ballston Spa, NY 12020.
Fax: (518) 884-7101
Fulton City
School District
Date Passed: August
1994
IPM: The districts program states least toxic pesticides will be used
only when "absolutely necessary." The program also gives examples
of IPM strategies for indoor and outdoor sites.
Notification: See state law above. In addition, residents of
the community will be notified annually in writting of the district's
IPM policy.
Prohibitions on Use: The school district shall eliminate routine spraying/fogging,
eliminate fogging and spraying for head lice and remove all pesticide
sprays from school buildings.
Other: The Director if Facilities and Transportation shall maintain
detailed records of any pesticide application. This includes Material
Safety Data Sheets.
Contact: Director of Facilities and Transportation. Phone: (315) 593-5514
Fulton School District, Administrative Services, Room 118, 167 South Fourth
Street, Fulton, NY 13069
Great Neck
Public Schools
Date Passed: June
1994
IPM: The school district shall employ a pest management company to
run its IPM program, whereas teh company shall first use alternative methods
of pest control before chemical sprays. Also, pest control work shall
be performed before or after school hours
Notification: See state law above.
Prohibitions on Use: No pesticides or pesticide application equipment
shall be stored on school property.
Other: The school's principal shall have a copy of all pesticide product
labels and Material Safety Data Sheets for all pesticides that are used,
prior to their application.
Contact: Building and Grounds Office, Phone: (516) 773-1439
Greenwich
Central School District
Date Passed: March
1999
IPM: The districts program requires the "coordinated use of physical,
biological and cultural controls and least-toxic pest control products
and techniques to prevent unaccaptable levels of pest damage by the most
economical means with the least possible hazard to people, property and
the environment."
Notification: See state law above.
Prohibitions on Use: The district shall eliminate all routine pesticide
spraying and fogging, the use of organophosphates and carbamate pesticides
and the use of any chemical pesticide for purely aesthetic purposes.
Other: The program establishes an IPM committee.
New
York City Schools
IPM Resources:
NYC Board
of Education Pest Control Material List
Glueboard
Monitors
Response Procedure
for Rats
Date Passed: Since 1985 the NYC School system has been implementing IPM practices,
which has lead to an offical IPM policy. By school opening 1993, NYC schools
had formally banned any liquid/aerosol pesticide treatments in classrooms.
By school opening 2001, all classes of insecticide concentrates and pyrethrins
were eliminated in all areas of the schools. NYC Schools have been involved
in the EPA's Pesticide Environmental Stewardship Program (PESP) since
1998.
IPM: The district's program states pesticides should be used as
a last resort. However, when pesticides are needed, the program lists
pest specific pesticides that shall be used.
Notification: See state law above.
Prohibitions on Use: The use of Cyfluthrin, pyrethins, carbamates
and organophosphates are prohibited.
Other: To check on the progress of NYC Schools IPM implementation
visit the EPA's
PESP web site.
Contact: Dan Dickerson, 46-36 Vernon Blvd. Ste 1, Long Island
City, NY 111 01. Phone: (718) 729-6100,
Email: ddickerson@nycboe.net
Other Schools with
IPM/Notification Policies:
Buffalo
Chappaqua Schools
Freeport Schools
Hewlit-Woodmere Central Schools
Homer Central Schools
Locust Valley
Nassau County
Oswego City Schools
Pine Ridge/Rondout Valley Central Schools
Roosevelt Central Schools
Susqueanna School
Syracuse
CONTACTS
FOR LOCAL ORGANIZATIONS
NYCAP (New York
Coalition for Alternatives to Pesticides)
353 Hamilton
Street
Albany, NY 12210
Phone: (518) 426-8246
Fax: (518) 426-3052
Email: nycap@crisny.org
http://www.cehn.org/cehn/resourceguide/nycap.html
Healthy Schools
Network, Inc.
Claire L. Barnett, MBA
773 Madison Avenue
Albany, NY 12208
Phone: (518) 462-0632
www.healthyschools.org
Environmental Advocates
353 Hamilton Street
Albany, NY 12210
Phone: (518) 462-5526
Fax: (518) 427-0381
www.envadvocates.org
For more contacts
for local organizations, visit our Links
to Local Organizations.
For more information
contact
Beyond Pesticides, 701 E Street, S.E., Suite 200, Washington, DC,
20003, info@beyondpesticides.org
