AN
ACT Relating to posting and notification of pesticide applications at schools;
amending RCW 17.21.020 and 17.21.410; adding a new section to chapter 17.21
RCW; adding a new section to chapter 28A.320 RCW; adding a new section to
chapter 74.15 RCW; creating a new section; and providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
17.21.020 and 1994 c 283 s 1 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Agricultural commodity" means any plant or part of a plant, or
animal, or animal product, produced by a person (including farmers, ranchers,
vineyardists, plant propagators, Christmas tree growers, aquaculturists,
floriculturists, orchardists, foresters, or other comparable persons) primarily
for sale, consumption, propagation, or other use by people or animals.
(2)
"Agricultural land" means land on which an agricultural commodity is
produced or land that is in a government-recognized conservation reserve
program. This definition does not apply to private gardens where agricultural
commodities are produced for personal consumption.
(3)
"Antimicrobial pesticide" means a pesticide that is used for the
control of microbial pests, including but not limited to viruses, bacteria,
algae, and protozoa, and is intended for use as a disinfectant or sanitizer.
(4)
"Apparatus" means any type of ground, water, or aerial equipment,
device, or contrivance using motorized, mechanical, or pressurized power and
used to apply any pesticide on land and anything that may be growing,
habitating, or stored on or in such land, but shall not include any pressurized
handsized household device used to apply any pesticide, or any equipment,
device, or contrivance of which the person who is applying the pesticide is the
source of power or energy in making such pesticide application, or any other
small equipment, device, or contrivance that is transported in a piece of
equipment licensed under this chapter as an apparatus.
(((4)))
(5) "Arthropod" means any invertebrate animal that belongs to
the phylum arthropoda, which in addition to insects, includes allied classes
whose members are wingless and usually have more than six legs; for example,
spiders, mites, ticks, centipedes, and isopod crustaceans.
(((5)))
(6) "Certified applicator" means any individual who is
licensed as a commercial pesticide applicator, commercial pesticide operator,
public operator, private-commercial applicator, demonstration and research
applicator, or certified private applicator, or any other individual who is
certified by the director to use or supervise the use of any pesticide which is
classified by the EPA or the director as a restricted use pesticide.
(((6)))
(7) "Commercial pesticide applicator" means any person who
engages in the business of applying pesticides to the land of another.
(((7)))
(8) "Commercial pesticide operator" means any employee of a
commercial pesticide applicator who uses or supervises the use of any pesticide
and who is required to be licensed under provisions of this chapter.
(((8)))
(9) "Defoliant" means any substance or mixture of substances
intended to cause the leaves or foliage to drop from a plant with or without
causing abscission.
(((9)))
(10) "Department" means the Washington state department of
agriculture.
(((10)))
(11) "Desiccant" means any substance or mixture of substances
intended to artificially accelerate the drying of plant tissues.
(((11)))
(12) "Device" means any instrument or contrivance intended to
trap, destroy, control, repel, or mitigate pests, but not including equipment
used for the application of pesticides when sold separately from the pesticides.
(((12)))
(13) "Direct supervision" by certified private applicators
shall mean that the designated restricted use pesticide shall be applied for
purposes of producing any agricultural commodity on land owned or rented by the
applicator or the applicator's employer, by a competent person acting under the
instructions and control of a certified private applicator who is available if
and when needed, even though such certified private applicator is not
physically present at the time and place the pesticide is applied. The
certified private applicator shall have direct management responsibility and
familiarity of the pesticide, manner of application, pest, and land to which
the pesticide is being applied. Direct supervision by all other certified applicators
means direct on-the-job supervision and shall require that the certified
applicator be physically present at the application site and that the person
making the application be in voice and visual contact with the certified
applicator at all times during the application. Direct supervision of an
aerial apparatus means the pilot of the aircraft must be appropriately
certified.
(((13)))
(14) "Director" means the director of the department or a duly
authorized representative.
(((14)))
(15) "Engage in business" means any application of pesticides
by any person upon lands or crops of another.
(((15)))
(16) "EPA" means the United States environmental protection
agency.
(((16)))
(17) "EPA restricted use pesticide" means any pesticide
classified for restricted use by the administrator, EPA.
(((17)))
(18) "FIFRA" means the federal insecticide, fungicide and
rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
(((18)))
(19) "Fumigant" means any pesticide product or combination of
products that is a vapor or gas or forms a vapor or gas on application and
whose method of pesticidal action is through the gaseous state.
(((19)))
(20) "Fungi" means all nonchlorophyll-bearing thallophytes
(all nonchlorophyll-bearing plants of lower order than mosses and liverworts);
for example, rusts, smuts, mildews, molds, and yeasts, except those on or in a
living person or other animals.
(((20)))
(21) "Fungicide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any fungi.
(((21)))
(22) "Herbicide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any weed or other higher
plant.
(((22)))
(23) "Immediate service call" means a landscape application to
satisfy an emergency customer request for service, or a treatment to control a
pest to landscape plants.
(((23)))
(24) "Insect" means any small invertebrate animal, in any life
stage, whose adult form is segmented and which generally belongs to the class
insecta, comprised of six-legged, usually winged forms, as, for example,
beetles, bugs, bees, and flies. The term insect shall also apply to other
allied classes of arthropods whose members are wingless and usually have more
than six legs, for example, spiders, mites, ticks, centipedes, and isopod
crustaceans.
(((24)))
(25) "Insecticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any insect.
(((25)))
(26) "Land" means all land and water areas, including airspace
and all plants, animals, structures, buildings, devices, and contrivances,
appurtenant to or situated on, fixed or mobile, including any used for
transportation.
(((26)))
(27) "Landscape application" means an application ((by a
certified applicator)) of any EPA registered pesticide to any exterior
landscape ((plants found)) area around residential property,
commercial properties such as apartments or shopping centers, parks, golf
courses, schools including nursery schools and licensed day cares, or
cemeteries or similar areas. This definition shall not apply to: (a)
Applications made by certified private applicators; (b) mosquito abatement,
gypsy moth eradication, or similar wide-area pest control programs sponsored by
governmental entities; and (c) commercial pesticide applicators making
structural applications.
(((27)))
(28) "Nematocide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate nematodes.
(((28)))
(29) "Nematode" means any invertebrate animal of the phylum
nemathelminthes and class nematoda, that is, unsegmented round worms with
elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting
soil, water, plants or plant parts. Nematodes may also be called nemas or
eelworms.
(((29)))
(30) "Person" means any individual, partnership, association,
corporation, or organized group of persons whether or not incorporated.
(((30)))
(31) "Pest" means, but is not limited to, any insect, rodent,
nematode, snail, slug, weed, and any form of plant or animal life or virus,
except virus, bacteria, or other microorganisms on or in a living person or
other animal or in or on processed food or beverages or pharmaceuticals, which
is normally considered to be a pest, or which the director may declare to be a
pest.
(((31)))
(32) "Pesticide" means, but is not limited to:
(a)
Any substance or mixture of substances intended to prevent, destroy, control,
repel, or mitigate any pest;
(b)
Any substance or mixture of substances intended to be used as a plant
regulator, defoliant or desiccant; and
(c)
Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder,
adhesive, emulsifying agent, deflocculating agent, water modifier, or similar
agent with or without toxic properties of its own intended to be used with any
pesticide as an aid to the application or effect thereof, and sold in a package
or container separate from that of the pesticide with which it is to be used.
(((32)))
(33) "Pesticide advisory board" means the pesticide advisory
board as provided for in this chapter.
(((33)))
(34) "Plant regulator" means any substance or mixture of
substances intended through physiological action, to accelerate or retard the
rate of growth or maturation, or to otherwise alter the behavior of ornamental
or crop plants or their produce, but shall not include substances insofar as
they are intended to be used as plant nutrients, trace elements, nutritional
chemicals, plant inoculants, or soil amendments.
(((34)))
(35) "Private applicator" means a certified applicator who
uses or is in direct supervision of the use of any pesticide classified by the
EPA or the director as a restricted use pesticide, for the purposes of
producing any agricultural commodity and for any associated noncrop application
on land owned or rented by the applicator or the applicator's employer or if
applied without compensation other than trading of personal services between
producers of agricultural commodities on the land of another person.
(((35)))
(36) "Private-commercial applicator" means a certified
applicator who uses or supervises the use of any pesticide classified by the
EPA or the director as a restricted use pesticide for purposes other than the
production of any agricultural commodity on lands owned or rented by the
applicator or the applicator's employer.
(((36)))
(37) "Residential property" includes property less than one
acre in size zoned as residential by a city, town, or county, but does not
include property zoned as agricultural or agricultural homesites.
(((37)))
(38) "Restricted use pesticide" means any pesticide or device
which, when used as directed or in accordance with a widespread and commonly
recognized practice, the director determines, subsequent to a hearing, requires
additional restrictions for that use to prevent unreasonable adverse effects on
the environment including people, lands, beneficial insects, animals, crops,
and wildlife, other than pests.
(((38)))
(39) "Rodenticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate rodents, or any
other vertebrate animal which the director may declare by rule to be a pest.
(((39)))
(40) "School facility" means any facility used for licensed day
care center purposes or for the purposes of a public kindergarten or public
elementary or secondary school. School facility includes the buildings or
structures, playgrounds, landscape areas, athletic fields, school vehicles, or
any other area of school property.
(41)
"Snails or slugs" include all harmful mollusks.
(((40)))
(42) "Unreasonable adverse effects on the environment" means
any unreasonable risk to people or the environment taking into account the
economic, social, and environmental costs and benefits of the use of any
pesticide, or as otherwise determined by the director.
(((41))) (43) "Weed" means any plant which
grows where it is not wanted.
Sec.
2. RCW
17.21.410 and 1994 c 283 s 33 are each amended to read as follows:
(1)
A certified applicator making a landscape application to:
(a)
Residential property shall at the time of the application place a marker at the
usual point of entry to the property. If the application is made to an
isolated spot that is not a substantial portion of the property, the applicator
shall only be required to place a marker at the application site. If the
application is in a fenced or otherwise isolated backyard, no marker is
required.
(b)
Commercial properties such as apartments or shopping centers shall at the time
of application place a marker in a conspicuous location at or near each site
being treated.
(c)
A golf course shall at the time of the application place a marker at the first
tee and tenth tee or post the information in a conspicuous location such as on
a central message board.
(d)
A school, nursery school, or licensed day care shall at the time of the
application place a marker at each primary point of entry to the school
grounds. A school employee making an application to a school facility shall
comply with the posting requirements in section 3 of this act.
(e)
A park, cemetery, rest stop, or similar property as may be defined in rule
shall at the time of the application place a marker at each primary point of
entry.
(2)
An individual making a landscape application to a school grounds, nursery
school, or licensed day care, and not otherwise covered by subsection (1) of
this section, shall ((be required to comply with the posting requirements in
subsection (1)(d) of this section)) at the time of the application place
a marker at each primary point of entry to the school grounds.
(3)
The marker shall be a minimum of four inches by five inches. It shall have the
words: "THIS LANDSCAPE HAS BEEN TREATED BY" as the headline and
"FOR MORE INFORMATION PLEASE CALL" as the footer. Larger size
requirements for markers may be established in rule for specific applications.
The company name and service mark ((with the applicator's telephone number
where information can be obtained)) shall be included between the headline
and the footer on ((the marker. The letters and service marks)) a
marker placed by a commercial applicator. The applicator's telephone number
where information can be obtained about the application shall be included in
the footer of the marker. Markers shall be printed in colors contrasting
to the background.
(4)
The property owner or tenant shall remove the marker according to the schedule
established in rule. A ((commercial)) certified applicator or
individual who complies with this section is not liable for the removal of
markers by unauthorized persons or removal outside the designated removal time.
(5)
A certified applicator or individual who complies with this section
cannot be held liable for personal property damage or bodily injury resulting
from markers that are placed as required.
NEW
SECTION. Sec. 3. A
new section is added to chapter 17.21 RCW to read as follows:
(1)
As used in this section, "school" means a licensed day care center or
a public kindergarten or a public elementary or secondary school.
(2)
A school shall provide written notification annually or upon enrollment to
parents or guardians of students and employees describing the school's pest
control policies and methods, including the posting and notification
requirements of this section.
(3)
A school shall establish a notification system that, as a minimum, notifies
interested parents or guardians of students and employees at least forty-eight
hours before a pesticide application to a school facility. The notification
system shall include posting of the notification in a prominent place in the
main office of the school.
(4)
All notifications to parents, guardians, and employees shall include the
heading "Notice: Pesticide Application" and, at a minimum, shall
state:
(a)
The product name of the pesticide to be applied;
(b)
The intended date and time of application;
(c)
The location to which the pesticide is to be applied;
(d)
The pest to be controlled; and
(e)
The name and phone number of a contact person at the school.
(5)
A school facility application must be made within forty‑eight hours
following the intended date and time stated in the notification or the
notification process shall be repeated.
(6)
A school shall, at the time of application, post notification signs for all
pesticide applications made to school facilities unless the application is
otherwise required to be posted by a certified applicator under the provisions
of RCW 17.21.410(1)(d).
(a)
Notification signs for applications made to school grounds by school employees
shall be placed at the location of the application and at each primary point of
entry to the school grounds. The signs shall be a minimum of four inches by
five inches and shall include the words: "THIS LANDSCAPE HAS BEEN
RECENTLY SPRAYED OR TREATED WITH PESTICIDES BY YOUR SCHOOL" as the
headline and "FOR MORE INFORMATION PLEASE CALL" as the footer. The
footer shall provide the name and telephone number of a contact person at the
school.
(b)
Notification signs for applications made to school facilities other than school
grounds shall be posted at the location of the application. The signs shall be
a minimum of eight and one‑half by eleven inches and shall include the
heading "Notice: Pesticide Application" and, at a minimum, shall
state:
(i)
The product name of the pesticide applied;
(ii)
The date and time of application;
(iii)
The location to which the pesticide was applied;
(iv)
The pest to be controlled; and
(v)
The name and phone number of a contact person at the school.
(c)
Notification signs shall be printed in colors contrasting to the background.
(d)
Notification signs shall remain in place for at least twenty‑four hours
from the time the application is completed. In the event the pesticide label
requires a restricted entry interval greater than twenty‑four hours, the
notification sign shall remain in place consistent with the restricted entry
interval time as required by the label.
(7)
A school facility application does not include the application of antimicrobial
pesticides or the placement of insect or rodent baits that are not accessible
to children.
(8)
The prenotification requirements of this section do not apply if the school
facility application is made when the school is not occupied by students for at
least two consecutive days after the application.
(9)
The prenotification requirements of this section do not apply to any emergency
school facility application for control of any pest that poses an immediate
human health or safety threat, such as an application to control stinging
insects. When an emergency school facility application is made, notification
consistent with the school's notification system shall occur as soon as
possible after the application. The notification shall include information
consistent with subsection (6)(b) of this section.
(10)
A school shall make the records of all pesticide applications to school
facilities required under this chapter, including an annual summary of the
records, readily accessible to interested persons.
(11)
A school is not liable for the removal of signs by unauthorized persons. A
school that complies with this section may not be held liable for personal
property damage or bodily injury resulting from signs that are placed as
required.
NEW
SECTION. Sec. 4. A
new section is added to chapter 28A.320 RCW to read as follows:
Schools
as defined in section 3 of this act shall provide notice of pesticide use to
parents or guardians of students and employees pursuant to chapter 17.21 RCW.
NEW
SECTION. Sec. 5. A
new section is added to chapter 74.15 RCW to read as follows:
Licensed
day care centers shall provide notice of pesticide use to parents or guardians
of students and employees pursuant to chapter 17.21 RCW.
NEW
SECTION. Sec. 6.
Except for section 7 of this act, this act takes effect July 1, 2002.
*NEW
SECTION. Sec. 7.
If specific funding for the purposes of this
act, referencing this act by bill or chapter number, is not provided by June
30, 2001, in the omnibus appropriations act, this act is null and void.
*Sec. 7 was vetoed. See message at end of chapter.
