SEPA (School Environmental Protection Act)
School Pesticide Reform Coalition
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Children,
Pesticides and Schools
School
Environment Protection Act of 2009
(SEPA)
Federal
Legislation Introduced To
Protect Children From Toxic Pesticides Used at Schools
Cancer
causing pesticides ... endocrine disruptors ... pesticides linked to neurological
and immune system problems ... asthma and learning disabilities. Federal
legislation, the School Environment Protection Act of 2009, was introduced
on December 1, 2009 in Congress to protect children from toxic pesticides
and pest problems with safer alternatives. The sponsors seek to end unnecessary
toxic pesticide use in the nations schools, replacing it with safe management
techniques and products.
Take Action: Help pass this landmark legislation.
See a copy of the bill summary, bill text, sample letter to Congress, list of supporters, and press release.
Protecting
Children at School
When
children attend school, it is assumed that they are going to a safe environment,
free of toxic chemicals that could harm them. New legislation seeks to
make this assumption a reality. With the introduction of the School
Environment Protection Act of 2009 (SEPA), H.R. 4159, members of
Congress and public health, school employee, children’s health and
environmental groups are saying that it is time to stop the unnecessary
use of dangerous chemicals and assist schools in the adoption of safer
strategies to prevent and manage pest problems. U.S. Representative Rush
Holt and 14 of his colleagues put the legislation forward with the foundation
of more than a decade of state and local school pest management and pesticide
use policies and on-the-ground experience from across the country.
- SEPA
requires that all public schools adopt integrated
pest management (IPM) programs that emphasize non-chemical pest
management strategies and only use defined least-toxic pesticides as
a last resort.
- Least-toxic pesticides do not include: pesticides that are carcinogens, reproductive and developmental toxicants, nervous and immune system poisons, endocrine disruptors, or have data gaps or missing information on health effects, as well as outdoor pesticides that adversely affect wildlife, have high soil mobility, or are groundwater contaminants.
- The legislation prohibits synthetic fertilizers from being used on school grounds due to their adverse impact on healthy soils, plants, and turf, and associated environmental impacts.
- The bill establishes a 12-member National School IPM Advisory Board that, with the help of a technical advisory panel, will develop school IPM standards and a list of allowable least-toxic pesticide products.
- It requires each state to develop its IPM plan as part of its existing state cooperative agreement with the U.S. EPA.
- A public health emergency provision allows the use of a pesticide, if warranted. In this case, notification of the pesticide application is required to be provided to all parents and guardians of students and school staff.
- Cleaning agents with pesticides fall under the bill’s purview.
Why Federal Legislation
Is Needed
In
a newly released report, The
Schooling of State Pesticide Laws – 2010 Update, Beyond
Pesticides finds that 21 states recommend or require schools to use IPM,
a 24 percent increase since the original report was written in 1998. While
this growth is occurring and other measures are being taken to provide
written notice prior to pesticide use (24 states, a 30 percent increase),
the majority of school children continue to be exposed to toxic pesticides
while at school. Beyond Pesticides finds that only 35 states have taken
limited action to step in and provide protective measures to address pesticide
use in, around or near their schools.
However, these laws represent a patchwork of laws that are uneven and inadequate. SEPA would provide a minimum national standard. Shouldn't all children and staff have a basic level of protection from hazardous pesticide exposure?
In addition, SEPA is necessary for the following reasons:
- A 2005 study published in the Journal of American Medical Association finds that students and school employees are being poisoned by pesticide use at schools and from drift off of neighboring farmlands; the study authors noted the lack of protection for school children and employees under federal law, pointing out that state laws provide some protection but are varied, thus leaving large gaps;
- A 1999 U.S. GAO report found that EPA is not doing enough to protect children from pesticides;
- The Poison Control Center has documented 2,300 school pesticide exposures from 1993-96;
- Although the U.S. EPA and several states recommend safer school pest management practices and pesticide use notification, and there is a fair amount of good will among school administrators, custodians, pest management professions, only 26% of schools are following those recommendations and therefore, recommendations prove to be largely ineffective (according to Are Schools Making the Grade);
- Children are among the least protected population group when it comes to pesticide exposure; and,
- There are numerous
deficiencies in the existing regulatory review of pesticides, such as:
- Reregistration is an ongoing process with outstanding and missing data;
- FIFRA and FQPA risk standards by definition allow levels of risk or harm to be set;
- Inerts are not fully evaluated;
- Active ingredients are rarely tested in combination with other ingredients;
- Pesticide ingredients can breakdown to more toxic chemicals; and,
- We have little knowledge or control of many exposure scenarios, making determination of risk and hazards more complex.
There are numerous benefits to such legislation. SEPA would:
- Halt students and staff from unknowingly being exposed to the unnecessary use of hazardous pesticides;
- Force school administrators to know about their schools' pest management practices;
- Require schools to move to safer, more effective pest management;
- Allow parents, school nurses, and staff to find out what is being applied and take any necessary precautions;
- Help the dissemination of existing manuals, guides, etc. on implementing safer practices;
- Decrease the cost schools would spend on pest management;
- Allow states and localities the authority to adopt standards regarding implementation of the law as they see fit;
- Lead to a healthier school environments; and,
- Ensure longevity of safer school pest management programs.
Children's Special
Vulnerability to Pesticides
The vulnerability of infants and children to the harmful effects of pesticides
has attracted national attention over the years. EPA and the National
Academy of Sciences, among others, have voiced concerns about the danger
that pesticides pose to children, even at low levels. Children face higher
risks than adults from pesticide exposure due to their small size, tendency
to place their hands close to their face, engaging in activities on or
near the ground, greater intake of air and food relative to body weight,
developing organ systems, and other unique characteristics.
School is a place where children need a healthy body and a clear head in order to learn. Numerous scientific studies find that pesticides typically used in schools are linked to chronic health effects such as cancer, asthma, neurological and immune system diseases, reproductive problems, and developmental and learning disabilities. IPM in schools has proven to be an effective and economical method of pest management that can prevent pest problems and eliminate the use of hazardous pesticides in school buildings and on school grounds.
Adverse health effects, such as nausea, dizziness, respiratory problems, headaches, rashes, and mental disorientation, may appear even when a pesticide is applied according to label directions. Pesticide exposure can adversely affect a child's neurological, respiratory, immune, and endocrine system and have been shown to cause or exacerbate asthma symptoms. Studies show that children living in households where pesticides are used suffer elevated rates of leukemia, brain cancer, and soft tissue sarcoma. Because most of the symptoms of pesticide exposure, from respiratory distress to difficulty in concentration, are common in school children and may also have other causes, pesticide-related illnesses often go unrecognized and unreported.
Previous Efforts
to Pass SEPA
SEPA was first introduced in November 1999 in both the U.S. Senate and
House; and has been reintroduced every Congressional session since. The
bill language is based on state school pest management laws. It also mirrored
the structure of the Organic Foods Production Act of 1990, which
established a national committee to oversee the program as well as established
a list of pesticides allowed for use within the program. A form of SEPA
has passed the U.S. Senate twice since and, together with other legislation,
indicates broad support for a national mandate to stop hazardous pesticide
use in schools.
Show Your Support For The School Environment Protection Act (SEPA)
- Contact your U.S.
Senators and U.S Representative to request that he/she support SEPA.
(See sample letter.) (See http://www.senate.gov
and http://www.house.gov/writerep/
for their contact information. Email Beyond
Pesticides and we'll also send follow-up information.)
- Sign your organization
up as a supporter of SEPA by emailing Beyond
Pesticides your Name and Organization contact information. (See
a list
of current SEPA supporters.)
- Pass this information to your mayor, city council, local PTA and civic associations to see if they will endorse SEPA. (Email Beyond Pesticides, and we'll also send follow-up information. Please be sure to include all the necessary contact information.)
Additional Resources
- The 40 Most Commonly Used Pesticides in Schools
- Children and Pesticides Don't Mix
- Asthma, Children and Pesticides
- 10 Myths About Pesticides in Schools
- Schools Save Money with Integrated Pest Management
- Safer Schools: Achieving a Healthy Learning Environment Through Integrated Pest Management
- Select Studies on Pesticides and Children's Health
- Latest News on Children/Schools and Pesticides
For more information
contact Kagan Owens at 202-543-5450 x16 or kowens@beyondpesticides.org.