2005 California Education Code Sections 17608-17613 Article 4. Healthy Schools Act of 2000

17608.  This article, Article 17 (commencing with Section 13180) of
Chapter 2 of Division 7 of the Food and Agricultural Code, and
Article 2 (commencing with Section 105500) of Chapter 76 of Division
103 of the Health and Safety Code, shall be known and cited as the
Healthy Schools Act of 2000.
17609.  The definitions set forth in this section govern the
construction of this article unless the context clearly requires
otherwise:
   (a) "Antimicrobial" means those pesticides defined by the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).
   (b) "Crack and crevice treatment" means the application of small
quantities of a pesticide consistent with labeling instructions in a
building into openings such as those commonly found at expansion
joints, between levels of construction and between equipment and
floors.
   (c) "Emergency conditions" means any circumstances in which the
school district designee deems that the immediate use of a pesticide
is necessary to protect the health and safety of pupils, staff, or
other persons, or the schoolsite.
   (d) "School district designee" means the individual identified by
the school district to carry out the requirements of this article at
the schoolsite.
   (e) " Schoolsite" means any facility used for public day care,
kindergarten, elementary, or secondary school purposes.  The term
includes the buildings or structures, playgrounds, athletic fields,
school vehicles, or any other area of school property visited or used
by pupils.  "Schoolsite" does not include any postsecondary
educational facility attended by secondary pupils or private day care
or school facilities.
17610.  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 Article 17 (commencing with Section 13180) of Chapter 2
of Division 7 of the Food and Agricultural Code, 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.
17610.1.  (a) (1) The use of a pesticide on a schoolsite is
prohibited if that pesticide is granted a conditional registration,
an interim registration, or an experimental use permit by the
Department of Pesticide Regulation, or if the pesticide is subject to
an experimental registration issued by the United States
Environmental Protection Agency, and either of the following is
applicable:
   (A) The pesticide contains a new active ingredient.
   (B) The pesticide is for a new use. This paragraph does not apply
to a conditionally registered pesticide that is approved for other
uses that has fulfilled all registration requirements that relate to
human health, including, but not limited to, the completion of
mandatory health effect studies pursuant to the Birth Defect
Prevention Act of 1984 (Art. 14 (commencing with Sec. 13121), Ch. 2,
Div. 7, F.& A.C.). The requirements of this section are not intended
to impose any new labeling requirements.
   (2) The use of a pesticide on a schoolsite is prohibited if the
Department of Pesticide Regulation cancels or suspends registration,
or requires phase out of use, of that pesticide.
   (b) Vendors or manufacturers of pesticides that are prohibited for
use on a schoolsite pursuant to subdivision (a) are prohibited from
furnishing those pesticides to school districts either by sale or by
gift.
   (c) This section does not apply to public health pesticides or
antimicrobial pesticides registered pursuant to Section 12836 of the
Food and Agricultural Code.
17610.5.  Sections 17611 and 17612 shall 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, to any pesticide
exempted from regulation by the United States Environmental
Protection Agency pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec.  136 et seq.), or to antimicrobial
pesticides, including sanitizers and disinfectants.
17611.  Each schoolsite shall maintain records of all pesticide use
at the schoolsite for a period of four years, and shall make this
information available to the public, upon request, pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).  A schoolsite
may meet the requirements of this section by retaining a copy of the
warning sign posted for each application required pursuant to
Section 17612, and recording on that copy the amount of the pesticide
used.
17612.  (a) The school district designee shall annually provide to
all staff and parents or guardians of pupils enrolled at a schoolsite
a written notification of the name of all pesticide products
expected to be applied at the school facility during the upcoming
year.  The notification shall identify the active ingredient or
ingredients in each pesticide product.   The notice shall also
contain the Internet address used to access information on pesticides
and pesticide use reduction developed by the Department of Pesticide
Regulation pursuant to Section 13184 of the Food and Agricultural
Code and may contain other information deemed necessary by the school
district designee.  No other written notification of pesticide
applications shall be required by this act except as follows:
   (1) In the written notification provided pursuant to this
subdivision, the school district designee shall provide the
opportunity for recipients to register with the school district if
they wish to receive notification of individual pesticide
applications at the school facility.  Persons who register for such
notification shall be notified of individual pesticide applications
at least 72 hours prior to the application.  The notice shall include
the product name, the active ingredient or ingredients in the
product, and the intended date of application.
   (2) If a pesticide product not included in the annual notification
is subsequently intended for use at the schoolsite, the school
district designee shall, consistent with this subdivision and at
least 72 hours prior to application, provide written notification of
its intended use.
   (b) The school designee shall make every effort to meet the
requirements of this section in the least costly manner.  Annual
notification to parents and guardians shall be provided pursuant to
Section 48980.3.  Any other notification shall, to the extent
feasible and consistent with the act adding this article, be included
as part of any other written communication provided to individual
parents or guardians.  Nothing in this section shall require the
school district designee to issue the notice through first-class
mail, unless he or she determines that no other method is feasible.
   (c) Pest control measures taken during an emergency condition as
defined in Section 17609 shall not be subject to the requirements of
paragraphs (1) and (2) of subdivision (a).  However, the school
district designee shall make every effort to provide the required
notification for an application of a pesticide under emergency
conditions.
   (d) The school district designee shall post each area of the
schoolsite where pesticides will be applied with a warning sign.  The
warning sign shall prominently display the term "Warning/Pesticide
Treated Area" and shall include the product name, manufacturer's
name, the United States Environmental Protection Agency's product
registration number, intended date and areas of application, and
reason for the pesticide application.  The warning sign shall be
visible to all persons entering the treated area and shall be posted
24 hours prior to the application and remain posted until 72 hours
after the application.  In case of a pest control emergency, the
warning sign shall be posted immediately upon application and shall
remain posted until 72 hours after the application.
   (e) Subdivisions (a) and (d) shall not apply to schools operated
by the California Youth Authority.  The school administrator of a
school operated by the California 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.
   (f) This section and Section 17611 shall not apply to activities
undertaken at a school by participants in the state program of
agricultural vocational education, pursuant to Article 7 (commencing
with Section 52450) of Chapter 9 of Part 28, if the activities are
necessary to meet the curriculum requirements prescribed in Section
52454.  Nothing in this subdivision relieves schools participating in
the state program of agricultural vocational education of any duties
pursuant to this section for activities that are not directly
related to the curriculum requirements of Section 52454.
17613.  Section 17612 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.