BILL REQ. #:  S-4209.1 

Read first time 01/16/2006.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to protecting public health in the application of pesticides near schools, nursing homes, child care centers, and other facilities with vulnerable populations; and adding a new section to chapter 43.20 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 43.20 RCW to read as follows:
     (1) No later than May 1, 2007, the state board of health shall adopt rules requiring any person applying a pesticide with the signal words "Danger/Poison" to notify adjacent schools, hospitals, nursing homes, or state-licensed child or adult day care centers at least two facility business days before the start of applications.
     (2) The rules shall specify the manner of notification, which shall include fascimile or electronic mail. The rules shall specify a single facility manager or other personnel to whom the notification must be directed. The applicator or other responsible person managing the application site shall provide the notification. The rules shall allow agreements between facilities and managers of application sites for the methods of providing the required notification.
     (3) The rules shall specify:
     (a) Information required to be in the notification, including without limitation, the product name, active ingredient, federal environmental protection agency pesticide registration number, type of pesticide being applied, the intended date and time of the application;
     (b) Web site address where more information on the pesticide may be obtained from the national pesticide information center; and
     (c) The contact name and telephone number of the applicator or responsible person.
     (4) The rules shall require notification if:
     (a) The application method is by aircraft, airblast sprayer, fumigation, or overhead chemigation;
     (b) The application site is contiguous with the property boundary of the school, hospital, nursing home, or state-licensed day care center; and
     (c) The application site is within one-half mile of the property boundary of the facility.
     (5) If the school, school grounds, or day care will not be in use the day of the application and for at least two consecutive days after the application, notification is not required.
     (6) The board may integrate these rules or portions of these rules with facility-specific rules that it is developing concurrently or has already adopted.