Pesticide Application Requirements at Schools and Day Cares

This guidance is to help schools and day cares comply with the laws on pesticide applications in buildings and on surrounding grounds. It covers use of pesticides such as insecticides, herbicides, fungicides, rodenticides and others as defined in Environmental Conservation Law §33-0101.35.

Pesticides are:

• Any substance(s) intended for preventing, destroying, repelling, or mitigating any pest.

• Any substance(s) intended for use as a plant regulator, defoliant or desiccant.

This guidance was developed with the NYS Department of Environmental Conservation (DEC), the NYS Department of Education (SED) and the NYS Office of Children and Family Services (OCFS). 

School and Day Care Pesticide Application Requirements

Application	Is 48-Hour Notification Required?	Is an Emergency Determination Required?	Does the Pesticide Application Need to be Reported to NYS DOH?
Indoor	Yes, except for exempt pesticide applications.	No.	No, if the application occurs after 48-hour notification.
Indoor – emergency applications	No, but a good faith effort should be made to provide notification.	No.	Yes, if the application occurred before 48-hour notification. An Emergency Pesticide Application Notification Exemption Reporting Form must be submitted within 3 business days of the application.
Outdoors – turf, playgrounds, and fields	Most pesticides are prohibited on school and day care turf, playgrounds and fields.
Outdoors– emergency determinations for turf, playgrounds and fields	Yes.	Yes, seek an emergency determination from an authorized entity before proceeding.	Yes, if the application occurred before 48-hour notification. An Emergency Pesticide Application Notification Exemption Reporting Form must be submitted within 3 business days of the application.

Neighbor Notification Law – Schools and Day Cares

Schools

Neighbor Notification Law requirements cover the use of pesticides at any school instructional or educational building and on surrounding grounds including playgrounds and athletic fields. These requirements are enforced by SED.

Schools must:

• Send written notice to all individuals on a maintained pesticide notification registry at least 48 hours before applying a non-exempt pesticide.
• Provide staff, parents, and guardians with a written summary three times during the school year of pesticides applied.
• Maintain this registry of parents, guardians, and staff who wish to receive 48-hour advance written notice of a pesticide application at the school.
• At the beginning of each school year:
• Provide a written notice to all parents, guardians, and staff that pesticide applications may take place at the school.
• Share instructions for parents, guardians, and staff to sign up with the school for 48-hour advance notification of pesticide applications.
• Identify the name of the school contact for further information.

Day Cares

Licensed and registered day cares must provide notification at least 48-hours before applying pesticides to their grounds and buildings. These requirements are enforced by OCFS.

Pesticide notification must:

• Be posted in a common area at the day care.
• Be visible to everyone dropping off or picking up children.
• Notification must contain:
• The date and location of the application (including two rain dates for outdoor applications).
• The product name and EPA registration number.
• A warning statement.
• A phone number for the day care representative.
• A phone number for product information, either DOH's Bureau of Toxic Substance Assessment at (518) 402-7800; btsa@health.ny.gov or your local health department.

• Antimicrobial products as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in 7 US Code §136 (mm) and 136q(h)(2)
• Aerosol products with a directed spray, in containers of 18-fluid ounces or less used to protect individuals from an imminent threat from stinging and biting insects, including venomous spiders, bees, wasps and hornets. Fogger product or aerosol product that discharges to a wide area are not exempt.
• Nonvolatile rodenticides in tamper resistant bait stations or in areas inaccessible to children
• Silica gels and other nonvolatile ready-to-use, paste, foam or gel formulations of insecticides in areas inaccessible to children
• Nonvolatile insecticidal baits in tamper resistant bait stations or in areas inaccessible to children
• Pesticides classified as “exempt” from registration by the US EPA under 40 CFR Part 152.25
• Products containing boric acid or disodium octaborate tetrahydrate
• Pesticides, including biopesticides, which the EPA has determined satisfies its reduced risk criteria
• Any pesticide application where the school or day care facility has been unoccupied for a continuous 72-hour period following the application.

If a pesticide application is needed to protect against an imminent threat to human health and the application occurs before a 48-hour notification can be issued, the school or day care must notify DOH using the Emergency Pesticide Application Notification Exemption Reporting Form within three business days of the application.  DOH reviews this form to ensure that the circumstances warranted an emergency pesticide application.  The school or day care facility should always make a good faith effort to provide the written notification required by the Neighbor Notification Law.

Pesticide Applications to Outdoor Playgrounds and Fields at Schools and Day Care Facilities

Child Safe Playing Fields Act, Chapter 85

Pesticides are prohibited on school or day care playgrounds, turf, athletic, and playing fields (including the surrounding fence lines) with the following exemptions:

• Antimicrobial products
• Aerosol sprays in 18-ounce (or smaller) cans
• Non‐volatile insect and rodent baits in tamper resistant containers 
• Products containing boric acid or disodium octaborate tetrahydrate
• Horticultural oils and soaps that do not contain synthetic pesticides or synergists
• Pesticides classified as “exempt” from registration by the US EPA under 40 CFR Part 152.25

• A onetime application of a non-exempt, prohibited pesticide may be applied to address a public health or environmental emergency.
• Schools and day cares must seek a determination from an authorized entity for a pesticide application of a prohibited, non-exempt pesticide.
• The school or day care must make a good faith effort to provide the 48-hour notification and the application must be performed by a DEC-certified pesticide applicator.

Entity	Authorized to Make Emergency Determination	Issue that Can Be Addressed
County or State Health Department	Yes	Public health/compliance issues at private schools and day care cares
DEC	Yes	Environmental/compliance at private schools and day cares
Public School Boards	Yes	Public health and environmental compliance issues at public schools
OCFS	No	Consultation and advice for day cares
SED	No	Consultation and advice for public and private schools

A request to use a prohibited, non-exempt pesticide should be reserved for an imminent public health threat, that happens unexpectedly, or needs immediate action. Use of a prohibited, non-exempt pesticide is warranted when its use would significantly reduce the threat to the safety and health of children and adults present. Some examples include:

• An unusual infestation (not the routine presence) of a vector population (e.g., ticks) that may carry human pathogens.
• Situations that may arise in the future, but that have not yet been identified or are not currently problems in New York State (e.g., establishment of fire ant colonies).

These situations generally would not warrant the use of a prohibited, non-exempt pesticide:

• Issues that can be managed using alternative pest management methods (even if it takes time to learn and fully practice pesticide alternatives).
• Routine or repetitive pest problems or a normal population of insects or plants. Pest problems occur on an expected seasonal basis, and they do not usually rise to the level of a public health or environmental threat that constitutes an emergency.
• Pesticide applications for aesthetic (non-emergency) reasons such as the presence or growth of any undesired species.
• Treatment of pests or plants that impact the quality of turf on sports playing fields.  Bare patches and ruts are not considered a public health threat that constitutes an emergency, even for the students playing on them.

More Information

• DOH's Bureau of Toxic Substance Assessment at (518) 402-7800; btsa@health.ny.gov or your local health department for health information and advice.
• DEC at (518) 402-8768 for information on invasive species and outdoor pesticide applications. Please see this additional guidance.
• DEC Regional Office for compliance with pesticide regulations.
• Schools can get information and advice from SED’s Office of Facilities Planning at (518) 474-3906.
• Day cares should contact OCFS’s Division of Child Care at (518) 474-9454 or your OCFS Regional Office.
• New York State Pesticide Laws:
  • Neighbor Notification Law (schools and day cares):
    • For text of the law, see ENV §33-1004
    • For schools, see EDN §409-h
    • For day cares, see SOS §390-c
  • Chapter 85 (schools and day cares) – applicable sections:
    • For schools, see EDN §409-k
    • For day cares, see SOS §390-g (which also includes DOH responsibilities)
    • For DEC’s requirements, see ENV §33-0303.7

Resources for Managing Grounds Without Pesticides

• DEC – Green Lawn and Garden Tips
• EPA – Lawn and Garden
• Cornell University – Lawn Care without Pesticides or contact your local extension office