An Act To Ensure Safe School Grounds
Maine Legislature, Session 126, LD 0961
Committee: Education and Cultural Affairs
Sponsors: NELSON, MAZUREK, DAUGHTRY, DILL, HICKMAN, MAKER, VOLK, WELSH, GRATWICK
Amends: 20-A MRSA §6305

Legislative Document 
No. 961 
H.P. 675 
House of Representatives, March 12, 2013 
An Act To Ensure Safe School Grounds 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative NELSON of Falmouth. 
Cosponsored by Senator MAZUREK of Knox and 
Representatives: DAUGHTRY of Brunswick, DILL of Old Town, HICKMAN of Winthrop, 
MacDONALD of Boothbay, MAKER of Calais, VOLK of Scarborough, WELSH of Rockport, 
Senator: GRATWICK of Penobscot. 
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" has the same meaning as in 7 United States Code, Section 136(u). 
D.  "School" means a public elementary school, secondary school or kindergarten, or 
a nursery school that is part of a public elementary or secondary school, or a private 
elementary school, secondary school or kindergarten, or a nursery school that is part 
of a private elementary school or secondary school, approved under section 2901. 
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, Conservation and Forestry, 
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; 
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; 
C.  On an athletic field if there is a 14-day period before use of the field after 
application of the pesticides; or 
D.  On an agricultural field in accordance with the manufacturer's instructions for use 
of the pesticides for appropriate pest management. 
Sec. 2.  Adoption of rules minimizing or avoiding pesticides use on school 
grounds.  No later than January 1, 2014, the Commissioner of Education shall adopt 
rules to implement landscaping design that minimizes or avoids the necessity of the use 
of pesticides on school grounds for new construction of school facilities. 
SUMMARY 
This bill restricts the use of pesticides on school grounds. It allows their use only in 
situations that pose a health threat to a student or staff member, when the presence of 
animals or insects have been identified as a public health nuisance, on athletic fields if 
there is a 14-day waiting period after application of the pesticides or on agricultural fields 
in accordance with the manufacturer's instructions.  It requires the Commissioner of 
Education to adopt rules to implement landscaping design that minimizes or avoids the 
necessity of the use of pesticides on school grounds for new construction of school 
facilities.