SECTIONS 13180-13188 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 13180-13188

13180. This article, Article 4 (commencing with Section 17608) of
Chapter 5 of Part 10.5 of the Education Code, and Article 2
(commencing with Section 105500) of Chapter 7 of Division 103 of the
Health and Safety Code, shall be known and may be cited as the
Healthy Schools Act of 2000.

13181. Notwithstanding any other provision of law, for purposes of
this article, "integrated pest management" means a pest management
strategy that focuses on long-term prevention or suppression of pest
problems through a combination of techniques such as monitoring for
pest presence and establishing treatment threshold levels, using
nonchemical practices to make the habitat less conducive to pest
development, improving sanitation, and employing mechanical and
physical controls. Pesticides that pose the least possible hazard and
are effective in a manner that minimizes risks to people, property,
and the environment, are used only after careful monitoring indicates
they are needed according to preestablished guidelines and treatment
thresholds. This definition shall apply only to integrated pest
management at school facilities and child day care facilities.

13182. It is the policy of the state that effective least toxic
pest management practices should be the preferred method of managing
pests at schoolsites and that the state, in order to reduce children'
s exposure to toxic pesticides, shall take the necessary steps,
pursuant to this article, to facilitate the adoption of effective
least toxic pest management practices at schoolsites. It is the
intent of the Legislature to encourage appropriate training to be
provided to school personnel involved in the application of pesticide
at a schoolsite.

13183. (a) The Department of Pesticide Regulation shall promote and
facilitate the voluntary adoption of integrated pest management
programs for schoolsites, excluding privately-operated child day care
facilities, as defined in Section 1596.750 of the Health and Safety
Code, that voluntarily choose to do so. For these schoolsites, the
department shall do all of the following:
(1) Establish an integrated pest management program for
schoolsites consistent with Section 13181. In establishing the
program, the department shall:
(A) Develop criteria for identifying least-hazardous pest control
practices and encourage their adoption as part of an integrated pest
management program at each schoolsite.
(B) Develop a model program guidebook that prescribes essential
program elements for schoolsites that have adopted a least-hazardous
integrated pest management program. At a minimum, this guidebook
shall include guidance on all of the following:
(i) Adopting an IPM policy.
(ii) Selecting and training an IPM coordinator.
(iii) Identifying and monitoring pest populations and damage.
(iv) Establishing a community-based school district advisory
committee.
(v) Developing a pest management plan for making least-hazardous
pest control choices.
(vi) Contracting for integrated pest management services.
(vii) Training and licensing opportunities.
(viii) Establishing a community-based right-to-know standard for
notification and posting of pesticide applications.
(xi) Recordkeeping and program review.
(2) Make the model program guidebook available to schoolsites and
establish a process for systematically updating the guidebook and
supporting documentation.
(b) The department shall promote and facilitate the voluntary
adoption of integrated pest management programs at child day care
facilities, as defined in Section 1596.750 of the Health and Safety
Code, through the following:
(1) Modifying the department's existing integrated pest management
program for schoolsites as described in subdivision (a) of Section
13183 for the child day care setting.
(2) Creating or modifying existing educational and informational
materials on integrated pest management for the child day care
setting.
(3) Making the materials available to child day care facilities
and establishing a process for systematically updating them.

13184. (a) In implementing Section 13183, the department shall
establish and maintain an Internet website as a comprehensive
directory of resources describing and promoting least-hazardous
practices at schoolsites. The website shall also make available an
electronic copy of the model program guidebook, its updates, and
supporting documentation. The department shall also establish and
maintain on its website an easily identified link that provides the
public with all appropriate information regarding the public health
and environmental impacts of pesticide active ingredients and ways to
reduce the use of pesticides at school facilities.
(b) It is the intent of the Legislature that the state assist
school districts to ensure that compliance with Section 17612 of the
Education Code is simple and inexpensive. The department shall
include in its website Internet-based links that allow schools to
properly identify and list the active ingredients of pesticide
products they expect to be applied during the upcoming year. Use of
these links by schools is not mandatory but shall be made available
to all schools at no cost. The department shall ensure that adequate
resources are available to respond to inquiries from school
facilities or districts regarding the use of integrated pest
management practices.

13185. (a) The department shall establish an integrated pest
management training program in order to facilitate the adoption of a
model IPM program and least-hazardous pest control practices by
schoolsites. In establishing the IPM training program, the department
shall do all of the following:
(1) Adopt a "train-the-trainer" approach, whenever feasible, to
rapidly and broadly disseminate program information.
(2) Develop curricula and promote ongoing training efforts in
cooperation with the University of California and the California
State University.
(3) Prioritize outreach on a regional basis first and then to
school districts. For outreach to child day care facilities, the
department shall participate in existing trainings that provide
opportunities for disseminating program information broadly on a
regional basis.
(b) Nothing in this article shall preclude a schoolsite from
adopting stricter pesticide use policies.

13186. (a) The Legislature finds and declares that the Department
of Pesticide Regulation, pursuant to Section 12979 of the Food and
Agricultural Code and Sections 6624 and 6627 of Title 3 of the
California Code of Regulations, requires persons engaged for hire in
the business of pest control to maintain records of pesticide use and
report a summary of that pesticide use to the county agricultural
commissioner or director. The Legislature further finds and declares
that it is in the interest of the state, in implementing a school
integrated pest management program pursuant to this article, to
collect specified information on the use of pesticides at
schoolsites.
(b) The Department of Pesticide Regulation shall prepare a school
pesticide use form to be used by licensed and certified pest control
operators when they apply any pesticides at a schoolsite. The form
shall include, for each application at a schoolsite, the name and
address of the schoolsite, date and location of application,
pesticide product name, and the quantity of pesticide used. Nothing
in this section shall change any existing applicable pesticide use
reporting requirements.
(c) Persons who are required to submit pesticide use records to
the county agricultural commissioner or director shall complete and
submit to the director the school pesticide use forms established
pursuant to this section. The forms shall be submitted annually and
may be submitted more often at the discretion of the pest control
operator maintaining the forms. Child day care facilities, excluding
family day care homes, as defined in Section 1596.78 of the Health
and Safety Code, which are subject to the Healthy Schools Act of
2000, shall inform contractors hired to apply pesticides at the
schoolsite that the facility must comply with the Healthy Schools Act
of 2000.
(d) Any person who is hired to apply pesticides at a child day
care facility, excluding family day care homes, as defined in Section
1596.78 of the Health and Safety Code, shall provide that facility's
school designee with all of the following information at least 120
hours in advance of any pesticide application, except in the case of
an emergency condition, as defined in Section 17609 of the Education
Code:
(1) The pesticide product name.
(2) The pesticide manufacturer's name.
(3) The United States Environmental Protection Agency's product
registration number.
(4) The active ingredient or ingredients in the pesticide product.
(5) The areas of application.
(6) The intended date of application.
(7) The reason for the pesticide application.
(e) If a person hired to apply pesticides contracts directly with
the property owner or his or her agent rather than directly with the
child day care facility, excluding family day care homes, as defined
in Section 1596.78 of the Health and Safety Code, the property owner
or his or her agent must notify the contractor that a child day care
facility is being operated on the property at which the pesticides
are to be applied to enable the contractor to comply with subdivision
(d).

13187. Section 13186 shall not apply to any agency signatory to a
cooperative agreement with the State Department of Health Services
pursuant to Section 116180 of the Health and Safety Code.

13188. The Director of Pesticide Regulation may adopt regulations
to implement this article.