2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8316 - Notice of Pesticide Application at School or Day Care Center.

324.8316 Notice of pesticide application at school or day care center.
Sec. 8316.
(1) Beginning 1 year after the effective date of the amendatory act that added this subsection, a person shall not apply a pesticide in a school or day care center unless the school or day care center has an integrated pest management program in place for the building.
(2) The primary administrator of a school or day care center or his or her designee shall annually notify the parents or guardians of children attending that school or cared for at that day care center that the parents or guardians will receive advance notice of the application of a pesticide, other than a bait or gel formulation, at the school or day care center. The primary administrator of a school or his or her designee shall give the annual notification not more than 30 days after the beginning of the school year, and the primary administrator of a day care center or his or her designee shall give the annual notification in September.
(3) An annual notification under subsection (2) shall satisfy all of the following requirements:
(a) Be in writing.
(b) Specify 2 methods by which advance notice of the application of a pesticide will be given at least 48 hours before the application. The first method shall be by posting at the entrances to the school or day care center. Subject to subdivision (c), the second method shall be 1 of the following:
(i) Posting in a public, common area of the school or day care center, other than an entrance.
(ii) E-mail.
(iii) A telephone call by which direct contact is made with a parent or guardian of a student of the school or a child under the care of the day care center or a message is recorded on an answering machine.
(iv) Providing students of the school or children under the care of the day care center with a written notice to be delivered to their parents or guardians.
(v) Posting on the school's or day care center's website.
(c) State that, in addition to notice under subdivision (b), parents or guardians are entitled to receive the notice by first-class United States mail postmarked at least 3 days before the application, if they so request, and the manner in which such a request shall be made.
(d) For a school, inform parents and guardians that they may review the school's integrated pest management program, if any, and records on any pesticide applications.
(e) For a school, provide the name, telephone number, and, if applicable, e-mail address of the person at the school building responsible for pesticide application procedures.
(4) An advance notice of application of a pesticide, other than a bait or gel formulation, shall contain all of the following information:
(a) A statement that a pesticide is expected to be applied.
(b) The target pest or pests.
(c) The approximate location of the application.
(d) The date of the application.
(e) The name, telephone number, and, if available, e-mail address of a contact person at the school or day care center responsible for maintaining records with specific information on pest infestation and actual pesticide application as required by rules.
(f) A toll-free telephone number for a national pesticide information center recognized by the department and a telephone number for pesticide information from the department.
(5) Before applying a pesticide, other than a bait or gel formulation, a school or day care center shall provide advance notice to parents and guardians consistent with subsections (3)(b) to (e) and (4). However, in an emergency, a school or day care center may apply a pesticide without providing advance notice to parents or guardians. Promptly after the emergency pesticide application, the school or day care center shall give parents or guardians notice of the emergency pesticide application that otherwise meets the requirements of subsection (3)(b) and (c). The notice shall contain a statement that a pesticide was applied and shall meet the requirements of subsection (4)(b) to (f).
(6) Liquid spray or aerosol insecticide applications shall not be made in a room of a school building or day care center building unless the room will be unoccupied by students or children for not less than 4 hours after the application or unless the product label requires a longer reentry period. The building manager shall be notified of the reentry restrictions by the applicator.
(7) The department shall do both of the following:
(a) Within 1 year after the effective date of the amendatory act that added this subsection, develop a model integrated pest management policy for schools, in consultation with the department of education and the pesticide advisory committee created in section 8326, and make the policy available to all school districts, intermediate school districts, public school academies, and private schools.
(b) Encourage local and intermediate school boards and boards of directors of public school academies to do both of the following:
(i) Adopt and follow the model integrated pest management policy developed under subdivision (a).
(ii) Require appropriate staff to obtain periodic updates and training on integrated pest management from experts on the subject.
(8) Subsections (1) to (7) do not apply to sanitizers, germicides, disinfectants, or antimicrobial agents.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 24, Imd. Eff. Mar. 10, 2004
Popular Name:
Act 451
Popular Name:
NREPA