An Act To Limit the Use of Pesticides on School Grounds
Maine Legislature, Session 128, LD 0174
Committee: Agriculture, Conservation and Forestry
Sponsors: DAUGHTRY, DEVIN, HICKMAN, O'NEIL, RYKERSON, TEPLER, CARSON, MILLETT
Amends: 20-A MRSA §6307

Legislative Document
No. 174
H.P. 130
House of Representatives, January 24, 2017
An Act To Limit the Use of Pesticides on School Grounds
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DAUGHTRY of Brunswick.
Cosponsored by Representatives: DEVIN of Newcastle, HICKMAN of Winthrop, 
McCREIGHT of Harpswell, O'NEIL of Saco, RYKERSON of Kittery, TEPLER of Topsham, 
Senators: CARSON of Cumberland, MILLETT of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6307 is enacted to read: 
§6307.  Use of pesticides in school buildings and on school grounds 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Lawn care pesticide" means a pesticide registered by the United States 
Environmental Protection Agency and labeled pursuant to the Federal Insecticide, 
Fungicide, and Rodenticide Act, 7 United States Code, Section 136 et seq. for use on 
lawn, garden and ornamental sites or areas. 
B.  "Pesticide" has the same meaning as in 7 United States Code, Section 136(u). 
C.  "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. 
D.  "School grounds" means land associated with a school building, including 
playgrounds, 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.  "School 
grounds" does not include athletic fields. 
2.  Pesticide 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; or 
C.  On an agricultural field in accordance with the manufacturer's instructions for use 
of the pesticides for appropriate pest management. 
Pesticides may be used on school athletic fields when determined necessary by the school 
for the health and safety of the field and students.  A school shall consider all options for 
reducing pesticide use on athletic fields, including reduced application amounts and the 
development of plans that phase out pesticide use or use alternatives to pesticides. 
4.  Adoption of rules minimizing or avoiding pesticide use on school grounds.  
The commissioner 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.  Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  Rulemaking.  The Commissioner of Education shall adopt rules required 
pursuant to the Maine Revised Statutes, Title 20-A, section 6307, subsection 4 no later 
than January 1, 2018. 
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, in response to the 
presence of animals or insects identified as a public health nuisance or on agricultural 
fields in accordance with the manufacturer's instructions.  It permits their use on athletic 
fields when determined necessary by the school for the health and safety of the field and 
students.  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.