§ 23-25-38. Pesticide applications and notification of pesticide applications at pre-schools and child care centers.
(a) On and after July 1, 2003, no application of pesticide may be made by any person other than a certified or licensed commercial applicator as defined in § 23-25-4 in any building or on the grounds of any pre-school, child day care center, group/family day care home or family day care home, during regular business hours. No child enrolled at such center or home may enter an area where pesticides have been applied until it is safe to do so according to the provisions on the pesticide label. For purposes of this section, emergency shall mean a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member. This section shall not apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobal agents, insecticidal gels, non-volatile insect or rodent bait in a tamper resistant container, insect repellants, insecticidal disks, or the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR part 152.25.
(b) On and after July 1, 2002, notice of any pesticide application at any such center or home shall be given, by any means practicable, to the parents or guardians of any child enrolled at the center or home not later than twenty-four (24) hours before the application. The notice shall include: (1) the common or trade name and the name of the active ingredient; (2) the EPA registration number as listed on the pesticide label; (3) the target pest; (4) the exact location of the application on the property; (5) the date of the application; and (6) the name of the pre-school or child care center owner/operator or their designee.
History of Section.P.L. 2001, ch. 293, § 1; P.L. 2002, ch. 418, § 1.
Structure Rhode Island General Laws
Chapter 23-25 - Pesticide Control
Section 23-25-1. - Short title.
Section 23-25-2. - Enforcing official.
Section 23-25-3. - Declaration of purpose.
Section 23-25-4. - Definitions. [Effective until January 1, 2024.]
Section 23-25-5. - Misbranded.
Section 23-25-6. - Registration.
Section 23-25-6.1. - Registration fee — Surcharge.
Section 23-25-7. - Experimental use permits.
Section 23-25-8. - Refusal to register — Cancellation — Suspension — Legal recourse.
Section 23-25-10. - Applicator categories for certification — Standards.
Section 23-25-11. - Prohibitions for applicators.
Section 23-25-12. - Licenses for commercial applicators — Rules and regulations.
Section 23-25-13. - Certification of commercial applicators — Renewal — Regulations.
Section 23-25-14. - Certification of private applicators — Renewal — Regulations.
Section 23-25-16. - Monitoring of environment.
Section 23-25-19. - Storing and disposal of pesticides and pesticide containers.
Section 23-25-20. - Enforcement.
Section 23-25-21. - “Stop sale, use, or removal” order.
Section 23-25-22. - Judicial action after “stop sale, use, or removal” order.
Section 23-25-24. - Cooperation with other agencies.
Section 23-25-25. - Publication of information.
Section 23-25-26. - Reports of pesticide accidents or incidents.
Section 23-25-27. - Subpoenas.
Section 23-25-28. - Penalties.
Section 23-25-29. - Protection of trade secrets and other information.
Section 23-25-30. - Delegation of director’s duties.
Section 23-25-31. - Reciprocal agreements.
Section 23-25-32. - Budget — Receipt and disposition of funds.
Section 23-25-33. - Severability.
Section 23-25-34. - Prior liability.
Section 23-25-35. - Repeal of inconsistent acts.
Section 23-25-36. - Protective clothing and equipment.
Section 23-25-37. - Pesticide applications and notification of pesticide applications at schools.
Section 23-25-39. - Report on lawn care pesticide use.
Section 23-25-40. - Neonicotinoids restricted. [Effective January 1, 2024.]