N.J. Admin. Code § 7:30-13.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-13.6 - Notification: other than low impact pesticide use

(a) If a local school board, board of trustees of a charter school or principal or lead administrator of a private school, as appropriate, determines that a pesticide, other than a low impact pesticide, must be used on school property, such pesticide shall be used only in accordance with this section.

1. The provisions of this section shall apply to a school during the school year, and during holidays and the summer months, only if the school is in use by children during those periods. During those periods, notices shall be provided to all staff members and the parents or guardians of the students that are using the school in an authorized manner; and

2. The provisions of this section shall apply if any person applies a pesticide, other than a low impact pesticide, on school property, including a custodian, staff member, or commercial applicator.

(b) At least 72 hours before a pesticide, other than a low impact pesticide, is used on school property, the local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall provide to a parent or guardian of each student enrolled at the school and each staff member of the school, notice that includes:

1. The common name, trade name, and Federal Environmental Protection Agency registration number of the pesticide;

2. A description of the location of the application of the pesticide;

3. A description of the date and time of application, except that, in the case of outdoor pesticide applications, one notice shall include three dates, in chronological order, on which the outdoor pesticide applications may take place if the preceding application date is canceled;

4. A statement that The Office of Pesticide Programs of the United States Environmental Protection Agency has stated: "Where possible, persons who potentially are sensitive, such as pregnant women, infants, and children, should avoid any unnecessary pesticide exposure";

5. A description of potential adverse effects of the pesticide based on the material safety data sheet, if available, for the pesticide;

6. A description of the reasons for the application of the pesticide;

7. The name and telephone number of the IPM coordinator for the school or the school district; and

8. Any additional label instruction and precautions related to public safety.

(c) The local school board of a school district, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, may provide the notice required in (b) above by any of the methods listed at (c)1 through 5 below. This notice may be combined with any other notice provided to students, parents or guardians, and staff:

1. Written notice sent home with the student and provided to each staff member;

2. A telephone call;

3. Direct contact;

4. Written notice mailed at least one week before the application; or

5. Electronic mail.

(d) If the date of the application of the pesticide must be extended beyond the period required for notice under this section, the local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall reissue the notice required under this section for the new date of application.

(e) The local school board, the board of trustees of a charter school, or the principal or lead administrator of a private school, as appropriate, shall post signs that provide notice of the application of a pesticide, other than a low impact pesticide.

1. Signs shall be posted at least 72 hours before a pesticide is used on school property:

i. In a prominent place that is in or adjacent to the location to be treated; and

ii. At each entrance to the building or school ground to be treated.

2. The sign for the application of a pesticide shall:

i. Be at least 8 1/2 inches by 11 inches; and

ii. State the same information as that required for prior notification of the pesticide application required in (b) above.

3. Signs shall remain posted for at least 72 hours after the end of the treatment.

(f) In the case of outdoor pesticide applications, each sign shall include three dates, in chronological order, on which the outdoor pesticide application may take place if the preceding application date is canceled due to weather. A sign shall be posted after an outdoor pesticide application as required by (e) above.

(g) The Department shall develop and make available to commercial pesticide applicators a form, which a commercial pesticide applicator may request an IPM coordinator to sign prior to the application of a pesticide, other than a low impact pesticide, on school property.

1. The form shall set forth a certification by the IPM coordinator that the notice and posting requirements for the application of a pesticide, or the posting requirement, established pursuant to the School Integrated Pest Management Act and this subchapter, have been complied with.

2. Upon being presented by a commercial pesticide applicator with a form pursuant to this paragraph, the signature of the IPM coordinator shall be required as a condition for the application of the pesticide.

N.J. Admin. Code § 7:30-13.6