HB1042.html

20-2-585.
This part shall be known and may be cited as the 'Georgia School Pesticide Act.'

20-2-586.
As used in this part, the term:
(1) 'Crack and crevice treatment' means the application of small quantities of a pesticide in a building into openings such as those commonly found at expansion joints, between levels of construction, and between equipment and floors.
(2) 'Integrated pest management program' means a managed pest control system that:
(A) Eliminates or mitigates economic, health, and esthetic damage caused by pests;
(B) Uses:
(i) Integrated methods;
(ii) Site or pest inspections;
(iii) Pest population monitoring;
(iv) An evaluation of the need for pest control; and
(v) One or more pest control methods, including sanitation, structural repair, mechanical and biological controls, other nonchemical methods, and, if nontoxic options are ineffective and have been exhausted, least toxic pesticides;
(C) Minimizes:
(i) The use of pesticides; and
(ii) The risk to human health and the environment associated with pesticide applications; and
(D) Provides notice, not less than once a year, of the use or intended use of pesticides in the school or on school grounds.
(3) 'Least toxic pesticides list' means the list of least toxic pesticides established in accordance with Code Section 20-2-589. Such list shall include, but not be limited to, boric acid and disodium octoborate tetrahydrate; silica gels; diatomaceous earth; nonvolatile insect and rodent baits in tamper resistant containers or for crack and crevice treatment only; microbe based insecticides; botanical insecticides, not including synthetic pyrethroids, without toxic synergists; biological, living control agents; and materials for which the inert ingredients are nontoxic and disclosed. The list shall not include a pesticide that is determined to be an acutely or moderately toxic pesticide, carcinogen, mutagen, teratogen, reproductive toxin, developmental neurotoxin, endocrine disrupter, or immune system toxin.
(4) 'Local school system' means a local board of education or charter school.
(5) 'Pesticide' means any substance or mixture of substances, including herbicides and bait stations, intended for preventing, destroying, repelling, or mitigating any pest; use as a plant regulator, defoliant, or desiccant; or use as a spray adjuvant such as a wetting agent or adhesive. The term does not include antimicrobial agents such as disinfectants or deodorizers used for cleaning products.
(6) 'School' means any public kindergarten, elementary school, or secondary school within a local school system.
(7) 'School grounds' means the area outside of the school buildings controlled, managed, or owned by the local school system, including lawns, playgrounds, sports fields, and any other property or facilities controlled, managed, or owned by a local school system.
(8) 'Staff member' means an employee of a local school system, including an administrator, teacher, and other person who is regularly employed by a local school system, but does not include an employee hired by a local school system or the state to apply a pesticide or a person assisting in the application of a pesticide.

20-2-587.
Each local school system shall:
(1) Develop and implement in all of its schools an integrated pest management program for school buildings and for school grounds approved by the Department of Agriculture, pursuant to Code Section 20-2-589;
(2) Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including serving as a contact for inquiries about the integrated pest management program and maintaining the product label or material safety data sheet of each pesticide used in the school system and the historical records of pesticide applications, as required in paragraph (5) of this Code section;
(3) Provide written notice at the beginning of the school year and upon enrollment or employment, if after the beginning of the school year, to the parents and guardians of all students and to staff members. The notice shall include:
(A) A statement that explains the school system´s integrated pest management program and lists any pesticide or bait station that may be used in a school building or on school grounds as part of the integrated pest management program;
(B) The name, address, and telephone number of the contact person or persons designated as required by paragraph (2) of this Code section;
(C) A statement that the contact person maintains the product label or material safety data sheet of each pesticide that may be used by the school in buildings or on school grounds and that such labels and data sheets are available for review; and
(D) Instructions for including a parent, guardian, or staff member on a pesticide notification list under paragraph (4) of this Code section;
(4)(A) Develop, at the beginning of each school year, a school pesticide notification list for each school, containing the name of each parent, guardian, or staff member who has requested in writing to be on the pesticide notification list. The school pesticide notification list at each school shall be kept current and shall allow the adding of names upon written request by a parent, guardian, or staff member.
(B) Except as otherwise provided for in subparagraph (C) of this paragraph, notify all individuals on the school pesticide notification list at least 24 hours prior to a pesticide application in a school building or on school grounds. Such notification shall include:
(i) The common name of the pesticide to be applied;
(ii) The location of the application;
(iii) The planned date and time of application; and
(iv) A statement of the United States Environmental Protection Agency´s warning that pregnant women should reduce or eliminate exposure to all pesticides.
(C) In the event of an emergency pesticide application pursuant to subsection (b) of Code Section 20-2-588, notify all individuals on the school pesticide notification list within 24 hours following such application. Such notification shall include:
(i) The common name of the pesticide applied;
(ii) The location of the application;
(iii) The date and time of application; and
(iv) The reason for the emergency application.
(D) Provide notification under this paragraph by either a written notice sent home with the student or provided to the staff member, a telephone call, direct contact, or a written notice that is mailed at least three days prior to the application, except for notification provided pursuant to subparagraph (C) of this paragraph; and
(5) Maintain a written or electronic historical record of all pesticide applications made at each school for a period of not less than seven years and make such record available for public inspection upon request.

20-2-588.
(a) Except as provided for in subsection (b) of this Code section, pesticides may not be applied within a school building or on school grounds where students are present for normal academic instruction or organized extracurricular activities or within seven hours prior to normal academic instruction or organized extracurricular activities.
(b) A local school system may authorize an emergency pesticide application where pests pose an immediate threat to the health and safety of students or staff. In the case of an emergency pesticide application, the school shall provide notification to those individuals on the school pesticide notification list in accordance with subparagraph (D) of paragraph (4) of Code Section 20-2-587.

20-2-589.
The Department of Agriculture is authorized and directed, in cooperation with the State Board of Education, to promulgate rules and regulations to establish the following:
(1) Uniform standards and criteria for implementing integrated pest management programs in school buildings and on school grounds;
(2) A least toxic pesticides list which shall include procedures under which individuals may petition the Department of Agriculture for the purpose of evaluating substances for inclusion on the least toxic pesticides list and shall include a provision for periodic review of the list; and
(3) Requirements and procedures for approving a local school system´s integrated pest management program."