§ 23-25-38 - Pesticide applications and notification of pesticide applications at pre-schools and child care centers.
SECTION 23-25-38
§ 23-25-38 Pesticide applications andnotification of pesticide applications at pre-schools and child care centers.– (a) On and after July 1, 2003, no application of pesticide may be made by anyperson other than a certified or licensed commercial applicator as defined in§ 23-25-4 in any building or on the grounds of any pre-school, child daycare center, group amily day care home or family day care home, during regularbusiness hours. No child enrolled at such center or home may enter an areawhere pesticides have been applied until it is safe to do so according to theprovisions on the pesticide label. For purposes of this section, emergencyshall mean a sudden need to mitigate or eliminate a pest which threatens thehealth or safety of a student or staff member. This section shall not apply tothe use of germicides, disinfectants, sanitizers, deodorizers, antimicrobalagents, insecticidal gels, non-volatile insect or rodent bait in a tamperresistant container, insect repellants, insecticidal disks, or the applicationof a pesticide classified by the United States Environmental Protection Agencyas an exempt material under 40 CFR part 152.25.
(b) On and after July 1, 2002, notice of any pesticideapplication at any such center or home shall be given, by any meanspracticable, to the parents or guardians of any child enrolled at the center orhome not later than twenty-four (24) hours before the application. The noticeshall include: (1) the common or trade name and the name of the activeingredient; (2) the EPA registration number as listed on the pesticide label;(3) the target pest; (4) the exact location of the application on the property;(5) the date of the application; and (6) the name of the pre-school or childcare center owner/operator or their designee.