Citations Affected:
IC 15-3-3.7.
Synopsis: School pest control policy. Requires the governing body of
a public school or nonpublic school to adopt and implement policies
and procedures designed to effectively control pests and minimize
potential exposure of children to pesticides in school buildings.
Authorizes the state chemist to adopt rules for public and private
schools and licensed day care centers concerning the use of pesticides.
Effective: July 1, 2001.
January 9, 2001, read first time and referred to Committee on Education.
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
meaning set forth in
IC 20-10.1-1-3.
Sec. 5. As used in this chapter, "parent":
(1) has the meaning set forth in
IC 29-3-1-11
; and
(2) includes a guardian (as defined in
IC 29-3-1-6
).
Sec. 6. (a) As used in this chapter, "pesticide" has the meaning
set forth in
IC 15-3-3.5-2
(23).
(b) The term excludes:
(1) an antimicrobial agent used in normal cleaning activities,
including:
(A) a disinfectant;
(B) a germicide;
(C) a bactericide;
(D) a sanitizing agent;
(E) a water purifier; and
(F) a swimming pool chemical;
(2) personal insect repellant when self-applied;
(3) an ectoparasite control product administered by a:
(A) qualified health professional to a human; or
(B) veterinarian to an animal; and
(4) a:
(A) gel bait; or
(B) manufactured enclosed insecticide;
to which students do not have access.
Sec. 7. As used in this chapter, "public school" has the meaning
set forth in
IC 20-10.1-1-2.
Sec. 8. As used in this chapter, "staff member" means an
employee of a facility. The term includes administrators, teachers,
and other support personnel.
Sec. 9. (a) The governing body of a facility shall adopt and
implement policies and procedures for the facility designed to:
(1) effectively control pests; and
(2) minimize potential exposure of children to pesticides.
(b) The policies and procedures adopted under subsection (a)
must ensure the following:
(1) That pesticides are used only by:
(A) a certified applicator; or
(B) an individual operating under the supervision of a
certified applicator trained to properly use pesticides
under the policies, procedures, and rules adopted under
this chapter.
(2) That pesticides are not used in areas:
(A) when children are present; or
use to contact the facility for more information.
(13) That pesticides owned by the facility are kept in their
original container in a locked area that is:
(A) clearly marked as containing:
(i) pesticides; or
(ii) hazardous materials; and
(B) separated from rooms used:
(i) by children; or
(ii) for consumption or storage of food.
(14) That restricted use pesticides are not stored at a facility.
Sec. 10. The state chemist:
(1) shall administer this chapter; and
(2) may enforce compliance by applying for a temporary or
permanent injunction, as provided in
IC 15-3-3-15
(c), of:
(A) this chapter; or
(B) a rule adopted under section 11 of this chapter.
Sec. 11. (a) The state chemist may adopt rules under
IC 4-22-2
that prescribe policies and procedures concerning the use of
pesticides in:
(1) facilities; and
(2) day care centers licensed under IC 12-17.2.
(b) Rules adopted under subsection (a) must be:
(1) designed to effectively control pests; and
(2) designed to minimize potential exposure of children to
pesticides.
(c) If the United States Environmental Protection Agency adopts
rules providing information regarding the hazards or composition
of inert ingredients in pesticides, the state chemist shall revise its
rules adopted under subsection (a) to require advance notice to
parents, students, and staff regarding the inert ingredients and the
active ingredients in pesticides to be used in facilities.