71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3675
House Bill 3402
Sponsored by Representative KAFOURY; Representatives KRIEGER,
NOLAN, T SMITH, V WALKER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires school district to send annual notice of planned
pesticide application at school site. Allows person to request
notice prior to actual application of pesticide at school site.
Requires posting of pesticide application area within school
site. Prohibits application of certain pesticides at school site
within eight hours prior to times students are expected to be
present.
A BILL FOR AN ACT
Relating to pesticides.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2001 Act:
(1) 'Crack and crevice treatment' means the application of
small quantities of pesticide in a manner consistent with
labeling instructions into openings in a building that are
commonly found at expansion joints, between levels of
construction and between equipment and floors.
(2) 'Emergency conditions' means circumstances in which the
school district designee determines that the immediate use of a
pesticide is necessary to protect the school site or the health
and safety of pupils, staff or other persons.
(3) 'Pesticide' has the meaning given that term in ORS 634.006.
(4) 'School district designee' means the individual identified
by the school district to carry out the requirements of sections
1 to 5 of this 2001 Act at the school site.
(5) 'School site' means a facility used for public
prekindergarten, kindergarten or grades 1 through 12 education.
' School site' includes the buildings or structures, playgrounds,
athletic fields, school vehicles and other areas of school
property visited or used by pupils. 'School site' does not
include any private school facility or post-secondary educational
facility attended by secondary pupils. + }
SECTION 2. { + (1) The Legislative Assembly finds and declares
that it is the policy of this state that the least toxic
effective pest management method is the preferred method of
managing pests at school sites and that this state, in order to
reduce the exposure of children to toxic pesticides, must take
the necessary actions to facilitate the adoption of the least
toxic effective pest management methods at school sites.
(2) It is the intent of the Legislative Assembly to encourage
appropriate training of school personnel involved in the
application of pesticide at a school site. + }
SECTION 3. { + Sections 4 and 5 of this 2001 Act do not apply
to a pesticide product deployed in the form of a self-contained
bait or trap, to gel or paste deployed as a crack and crevice
treatment or to any pesticide exempted from regulation pursuant
to ORS chapter 634. + }
SECTION 4. { + A school site shall maintain records of all
pesticide use at the school site for four years, and make the
records available to the public upon request. A school site may
comply with this section by retaining a copy of the warning sign
posted for each application as provided in section 5 (4) of this
2001 Act and recording on the copy the amount of the pesticide
used. + }
SECTION 5. { + (1) The school district designee shall annually
provide to staff and parents or guardians of pupils enrolled at a
school site a written notification of the name of all pesticide
products expected to be applied at the school site during the
upcoming year. The notification must identify the active
ingredient or ingredients in each pesticide product. Other
written notification of pesticide applications is not required by
sections 1 to 5 of this 2001 Act except as follows:
(a) The written notification provided pursuant to this section
shall include a notice that a person may register with the school
district to receive notification of individual pesticide
applications at the school site. The school district shall notify
registered persons of individual pesticide applications at least
72 hours prior to the application. The notice must include the
product name, the active ingredient or ingredients in the product
and the intended date of application.
(b) If a pesticide product not included in the annual
notification is subsequently intended for use at the school site,
the school district designee shall provide written notification
of the intended use of the pesticide at least 72 hours prior to
the application. The notice must include the product name, the
active ingredient or ingredients in the product and the intended
date of application.
(2) The school district designee may include the notice
required by subsection (1) of this section with other written
communication provided to individual parents or guardians. A
school district designee may cause the notice to be delivered by
any means the designee determines to be feasible.
(3) Pest control measures taken during an emergency condition
are not subject to the requirements of subsection (1) of this
section, but the school district designee must give the required
notification for an application of a pesticide under emergency
conditions to the extent notification is practicable.
(4) The school district designee shall post warning signs in
each area of the school site where pesticides will be applied.
The warning sign must prominently display the phrase '
Warning/Pesticide Treated Area' and include the product name,
manufacturer's name, product registration number issued by the
United States Environmental Protection Agency, intended date and
areas of pesticide application and reason for the pesticide
application. The warning sign must be visible to persons entering
the application area, be posted 24 hours prior to the application
and remain posted until 72 hours after the application. If an
emergency condition occurs, the warning sign must be posted
immediately upon application of the pesticide and remain posted
until 72 hours after the application.
(5) Subsections (1) and (4) of this section do not apply to
schools operated by the Oregon Youth Authority. The administrator
of a school operated by the Oregon Youth Authority shall notify
the chief medical officer of that facility at least 72 hours
prior to application of pesticides. The chief medical officer
shall take any steps necessary to protect the health of pupils in
that facility.
(6) This section and section 4 of this 2001 Act do not apply to
activities undertaken at a professional technical school giving
instruction in agricultural subjects pursuant to ORS 344.130 if
the activities are part of the school curriculum. This subsection
does not relieve professional technical schools of duties
pursuant to this section for activities that are not directly
related to the curriculum. + }
SECTION 6. { + A school district may apply or permit the
application of a pesticide that is listed by the State Department
of Agriculture as a highly toxic or restricted-use pesticide
pursuant to ORS chapter 634 only during periods that students are
not expected to be present for normal academic instruction or
organized extracurricular activities within eight hours after the
application. + }
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