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BILL AS INTRODUCED 2007-2008

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S.135

Introduced by Senator Lyons of Chittenden District and Senator Racine of Chittenden District

Referred to Committee on

Date:

Subject:  Health; pesticides; day care and school facilities

Statement of purpose:  This bill proposes to limit the use of pesticides in day care and school facilities and to require notification when pesticides are used in designated areas around day care and school facilities.

AN ACT RELATING TO PESTICIDE USE IN AND AROUND DAY CARE AND SCHOOL FACILITIES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  18 V.S.A. chapter 39 is added to read:

CHAPTER 39.  PESTICIDES

§ 1781.  Pesticide use in and around school or day care facilities

(a)  For the purposes of this section:

(1)  “Day care” shall have the same meaning as “child care provider” in 33 V.S.A § 3511(2).

(2)  “School” means any public or independent preschool, kindergarten, elementary school, middle school, or high school.

(3)  “Pesticide” shall have the same meaning as “economic poison” in

10 V.S.A. § 911(5).  For the purposes of this section, “pesticide” shall not include traps or baits that contain pesticides confined in child-resistant casing.

(b)  The use of all pesticides shall be prohibited inside and on the grounds of day care and school facilities except in cases of threats to human health or safety.  When a threat to human health or safety requires the use of pesticides in day care or school facilities, the day care or school facility, staff, and parents of pupils shall be notified in writing at least 24 hours in advance of the pesticide use, and signs shall be placed throughout the day care or school facility for at least 72 hours following the use of the pesticides.  The signs shall state that pesticides have been used inside or on the grounds of the day care or school facility.

(c)  The commissioner of health, in consultation with local health officials, shall adopt rules that:

(1)  Designate zones around day care and school facilities where the use of pesticides creates a potential of drift into day care and school facilities.

(2)  Require the posting of signs when pesticides are used in designated spray zones.

(3)  Require written notice to day care and school facilities, staff, and parents of pupils at least 72 hours before pesticides are used on designated spray zones.

(d)  The rules required by this section shall be adopted no later than July 1, 2008.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us