01- 026 C.M.R. ch. 27, § 3

Current through 2024-51, December 18, 2024

Section 026-27-3 - Exemptions

A. The following pesticide uses are exempt from the requirements of Sections 4 and 5 of this rule:

1 application of ready-to-use general use pesticides by hand or with non-powered equipment to control or repel stinging or biting insects when there is an urgent need to mitigate or eliminate a pest that threatens the health or safety of a student, staff member or visitor,

2 application of general use antimicrobial products by hand or with non-powered equipment to interior or exterior surfaces and furnishings during the course of routine cleaning procedures, and

3 application of paints, stains or wood preservatives that are classified as general use pesticides.

B. The following pesticide uses are exempt from the requirements of Section 4 of this rule:

1 pesticides injected into cracks, crevices or wall voids,

2 bait blocks, gels, pastes, granular and pelletized materials placed in areas inaccessible to students,

3 indoor application of a pesticide with no re-entry or restricted entry interval specified on its label but entry to the treated area is restricted for at least 24 hours.

C. When the Maine Center for Disease Control has identified arbovirus positive animals (including mosquitoes and ticks) in the area, powered applications for mosquito control are exempt from Section 4B(1) and 5B. Applicators should post the treated area as soon as practical, in a manner consistent with Section 4B(2).

D. School education facilities utilized for agricultural or horticultural education, and not normally used by the general school population, such as, but not limited to, greenhouses, nursery plots or agricultural fields, are exempt from the application limitations contained in Section 5E and notification provisions contained in Section 4B(1) provided that parents, staff and students are informed about the potential for pesticide applications in such areas. The posting requirements contained in Section 4B(2) must be complied with. In addition, students entering treated areas must be trained as agricultural workers, as defined by the federal Worker Protection Standard.

01- 026 C.M.R. ch. 27, § 3