An Act To Protect Children's Health and Promote Safe Schools and Child Care Centers by Limiting the Use of Pesticides
Maine Legislature, Session 125, LD 0837
Committee: Health and Human Services
Sponsors: NELSON, ALFOND, DOW, MORRISON, O'BRIEN, RICHARDSON, STRANG BURGESS, WAGNER, WOODBURY
Amends: 20-A MRSA §6305, 22 MRSA §8302-A

Legislative Document 
No. 837 
H.P. 634 
House of Representatives, March 3, 2011 
An Act To Protect Children's Health and Promote Safe Schools and 
Child Care Centers by Limiting the Use of Pesticides 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative NELSON of Falmouth. 
Cosponsored by Senator ALFOND of Cumberland and 
Representatives: DOW of Waldoboro, MORRISON of South Portland, O'BRIEN of 
Lincolnville, RICHARDSON of Carmel, RICHARDSON of Warren, STRANG BURGESS of 
Cumberland, WAGNER of Lewiston, Senator: WOODBURY of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6305 is enacted to read: 
§6305.  Use of pesticides in schools and on school grounds 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, 7 United 
States Code, Section 135 et seq. 
B.  "Lawn care pesticide" means a pesticide registered by the United States 
Environmental Protection Agency and labeled pursuant to FIFRA for use on lawn, 
garden and ornamental sites or areas. 
C.  "Pesticide" means a fungicide, insecticide or herbicide as those terms are defined 
in Title 22, section 1471-C.  "Pesticide" does not include substances or mixtures of 
substances intended for use as a sanitizer, disinfectant or antimicrobial agent. 
D.  "School" means any public or private elementary school, secondary school or 
kindergarten or a nursery school that is part of an elementary or secondary school. 
E.  "School grounds" means land associated with a school building, including 
playgrounds, athletic fields, lawns, agricultural and recreational fields, walkways, 
fence lines and any other outdoor area used by students or staff, including property 
owned by a municipality or private entity that is regularly used for school activities. 
2.  Pesticides applications in school buildings.  The application of pesticides in 
school buildings must comply with Title 7, chapter 103, subchapter 2-A, Title 22, chapter 
258-A and rules adopted by the Department of Agriculture, Food and Rural Resources, 
Board of Pesticides Control under those chapters. 
3.  Allowed uses of pesticides on school grounds.  Pesticides, including lawn care 
pesticides, may be used on school grounds only: 
A.  To control, repel or eliminate stinging or biting insects when there is an urgent 
threat to the health or safety of a student or staff member; or 
B.  In response to the presence of  animals or insects, including mosquitoes and ticks, 
identified as a public health nuisance by the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention or a local public health 
officer. 
Sec. 2.  22 MRSA §8302-A, sub-§1, ¶H, as enacted by PL 1997, c. 494, §10 and 
affected by §15, is amended to read: 
H.  The administration of medication; and 
Sec. 3.  22 MRSA §8302-A, sub-§1, ¶I, as enacted by PL 1997, c. 494, §10 and 
affected by §15, is amended to read: 
I.  Licensing procedures.; and 
Sec. 4.  22 MRSA §8302-A, sub-§1, ¶J is enacted to read: 
J.  Use of pesticides. 
Sec. 5.  Adoption of rules restricting pesticides use on the grounds of child 
care facilities and nursery schools.  No later than January 1, 2012, the 
Commissioner of Health and Human Services shall adopt rules to restrict the use of 
pesticides on the grounds of child care facilities and nursery schools licensed under the 
Maine Revised Statutes, Title 22, chapters 1673 and 1675, respectively.  Rules adopted 
under Title 22, section 8302-A must be consistent with the restrictions on pesticides use 
on school grounds provided in Title 20-A, section 6305. 
SUMMARY 
This bill requires that the use of pesticides on school grounds is restricted to 
situations that pose a health threat to a student or staff member and when the presence of 
animals or insects have been identified as a public health nuisance.  It requires the 
Commissioner of Health and Human Services to adopt rules to provide similar 
restrictions on the use of pesticides on the grounds of child care facilities and nursery 
schools.