Current through Register 1536, December 6, 2024
Section 14.03 - Exemptions(1) Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR Part 152.25 in the Federal Insecticide Fungicide Rodenticide Act are exempt from all of 333 CMR 14.00.(2) Child care facilities licensed by the Massachusetts Office of Early Education and Child Care with the designation of Family Child Care Services, Family Child Care Plus Services, or Large Family Child Care Services shall be exempt from the provisions of 333 CMR 14.00.(3) State-aided and approved vocational-technical or agricultural schools claiming exemption from the Act as per M.G.L. c. 132B, § 6J shall be exempt only if the pesticide application is a documented function of a training program. Such state-aided and approved vocational-technical or agricultural schools shall maintain records demonstrating the pesticide application is a function of a supervised training curriculum.(4) Mosquito control larvicides that are classified as category IV pesticides by the United States Environmental Protection Agency, as applied by mosquito control projects and districts under M.G.L. c. 252 or other state law, are exempt from the Standard Written Notification requirements.(5) Mosquito control larvicides applied to catch basins or storm drains, as applied by mosquito control projects and districts under M.G.L. c. 252 or other state law, are exempt from the Integrated Pest Management Plan requirements set forth in 333 CMR 14.04(5).(6) Standard Written Notification is not required when classes or activities are not taking place at the school property for five or more consecutive days after the application takes place, provided that the pest management professional or his or her employer obtain a written statement from the school operator stating so. This statement shall be included in the pesticide application record for that application and in the school Integrated Pest Management (IPM) Plan.Amended by Mass Register Issue 1532, eff. 10/11/2024.