Arizona Laws 3-3606. Pesticide applications at schools and child care facilities; advance notification; exemptions
A. Only a certified applicator may apply pesticides at a school or child care facility.
Terms Used In Arizona Laws 3-3606
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Certified applicator: means an individual who is licensed by the division to provide pest management services in accordance with this chapter. See Arizona Laws 3-3601
- Child care facility: means a facility that is regulated pursuant to Title 36, Chapter 7. See Arizona Laws 3-3601
- Pesticide: means any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating insects, fungi, bacteria, microbes, weeds, rodents, predatory animals or any form of plant or animal life that is, or that the director may declare to be, a pest and that may infest or be detrimental to vegetation, humans, animals or households or be present in any environment. See Arizona Laws 3-3601
- School: means any public or nonpublic institution, other than a child's home, that is established for the purpose of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve and that qualifies as a school pursuant to section 15-802. See Arizona Laws 3-3601
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. A business licensee or certified applicator shall notify a school or a child care facility at least seventy-two hours in advance of any pesticide application in order to permit the school to comply with section 15-152 and the child care facility to comply with section 36-898. The seventy-two-hour advance notice shall include:
1. The scheduled date and time the application is to occur.
2. The location and area of the application and the brand name of the pesticide or pesticides to be applied.
3. The name, address, phone number and contact person of the business licensee or certified applicator.
4. A statement that further information, the product label or the safety data sheet is available by contacting the business licensee or certified applicator.
C. The following pesticide applications are exempt from the notification requirement prescribed by subsection B of this section:
1. Nonresidual pesticide applications performed or contracted by public health agencies for adult vector control, provided that oral notification is attempted at least seventy-two hours before the application, when possible, to the school office or child care facility office with a statement of the pest problem, treatment procedure, area to be treated and approximate time of the application.
2. Emergency applications of a pesticide that has a toxicity category of III or IV pursuant to 40 C.F.R. § 156.62 to control harmful pests that pose an immediate threat to the public health. Under the circumstances described in this paragraph or paragraph 1 of this subsection, the business licensee or certified applicator shall do all of the following:
(a) Notify the school office or child care facility office before the application with a statement of the pest problem, treatment procedure, area to be treated and approximate time of application.
(b) Immediately after the application has been completed, notify the school office or the child care facility office of the name of the pesticide applied, the formulation, the strength and dosage and the date and time of application and provide the pesticide label.
(c) Post the treated area immediately after the application. The posting shall be at least eight and one-half inches by eleven inches and shall include the name of the pesticide, the registration number issued by the United States environmental protection agency, the date and time of application and the name and telephone number of the business licensee and certified applicator. A copy of the posting shall also be placed at the main entrance to the school or child care facility. The posting and the copy of the posting shall remain in place for at least forty-eight hours after the application.
3. Disinfectants or swimming pool chemicals.
4. Block, gel or paste-type bait that is a toxicity category III or IV formulation of insecticide pursuant to 40 C.F.R. § 156.62 and that is either of the following:
(a) Secured in an enclosed, tamper-resistant bait station and placed in an area that is inaccessible to children.
(b) Applied to a crack or crevice that is inaccessible to children.
5. Block-type bait that is a toxicity level III or IV formulation of rodenticide pursuant to 40 C.F.R. § 156.62 and that is secured in an enclosed, tamper-resistant bait station placed in an area that is inaccessible to children.
6. Personal repellants.
7. Nonrestricted use sanitizers and deodorizers.