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Outdoor Learning Group

HEALTHY SCHOOLYARDS INITIATIVE

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THE REGULATORY LANDSCAPE OF PESTICIDES

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Federal Insecticide, Rodenticide, and Fungicide Act

At the federal level, the registration, distribution, sale, and use of pesticides is governed by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) which was first enacted in 1947 and has been altered and amended throughout the years (1). While the US Environmental Protection Agency (US EPA) is the regulatory body primarily in charge of promulgation and enforcement of FIFRA, it does delegate power to state agencies and their respective agricultural and environmental programs as well (2).

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Key provisions of FIFRA (2)

  • With some exceptions for animal pharmaceuticals, a “pesticide” under FIFRA refers to “any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant.” 

  • Pesticides must be registered with the EPA prior to distribution and sale.

  • Those requesting a pesticide registration must prove that using the pesticide according to the proposed use specifications “will not generally cause unreasonable adverse effects on the environment.”

  • Establishes various categories of use for pesticides, including:

    • General use: approved for general use throughout the US

    • Restricted use: approved only for use by a licensed applicator; not available for purchase to the general public

    • Experimental use: allows manufacturers to field test pesticides; required for testing on more than 10 acres of land or more than 1 acre of water, and for all experimental biopesticides

    • State-specific use: allows for use of pesticides for “special local needs”

    • Emergency exemption: allows for unregistered pesticides use for a limited amount of time due to emergency circumstances

  • Additionally mandates specific requirements for labeling, packaging, sale, storage, and disposal of pesticides.

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What can (and can't) states do under FIFRA? (2)

States cannot:

  • Regulate the sale and use of pesticides in a way that permits any sale or use which is prohibited by FIFRA

  • Institute labeling or packaging requirements that add to or are different than the EPA’s requirements

  • Allow things specifically prohibited by FIFRA

​​

States can:

  • Institute requirements for sale and distribution within the state

  • Regulate pesticide use within the state beyond that of FIFRA, so long as it does not conflict with use requirements per the pesticide’s registration or label

  • Determine how regulations will be enforced within the state​

1. Pace University Elisabeth Haub School of Law. (2012). Research Guides: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): Overview. Pace Law Library Research Guides; Pace University. https://libraryguides.law.pace.edu/FIFRA 2. United States Environmental Protection Agency. (2019, June 12). Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal Facilities | US EPA. US EPA - Enforcement; United States Environmental Protection Agency.

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How do states further regulate pesticides for safety in schools?

Regulation beyond the provisions put forth by FIFRA are up to the state (so long as they do not conflict with FIFRA).  Here are just some of the ways that states have chosen to further regulate pesticide application to improve safety in schools:

Requirements dictating that pesticides be applied a minimum distance away from schools.

Example: Pesticides may not be applied within 300 yards of schools.

Buffer zone requirements

Requirements for notification signage with information about applications.

Example: A notification sign must be placed at the entrance of the school at the time of application, to be removed 72 hours later.

Signage requirements

Requirements dictating who needs to be notified of pesticide applications, when, and by what method of contact.

Example: Parents must be notified via phone 72 hours prior to any application to school grounds.

Notification requirements

Requirements about the timing of application and the timing of reentry to the area after the application.

Example: Applications must be made outside of school hours.  Application area must remain vacant for 24 hours.

Timing & reentry requirements

Restrictions on the type or category of pesticides based on chemical make up, method of application, or other characteristics.

Example: Neonicotinoid pesticides are not to be used on school grounds.

Category restrictions

Requirements for implementation of Integrated Pest Management control methods in lieu of pesticide use.

Example: Schools must create an IPM plan at the start of each school year to be submitted to the county commissioner.

Integrated pest management (IPM) requirements

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Pesticides & schools - regulations by state

State
Legislation
Provisions
Alabama
Alabama Administrative Code r 80-1-14-.07 (2013)
Prohibits aerial applications of pesticides within 400 feet of school grounds
Alaska
Alaska Administrative Code § 18-90.625 (2007)
Requires notification signage be posted 24 hours prior to applications, to remain for 24 hours; Requires universal written notification to parents 24 hours prior to applications; Prohibits children from entering areas treated with pesticides for at least 24 hours (or longer, if the label specifies)
Arizona
Arizona Revised Statutes § 15-152 (2002)
Requires oral notification to students and educators 48 hours prior to applications; Requires universal written, electronic, or telephone notification to parents 48 hours prior to applications
Arkansas
None
None
California
Healthy Schools Act of 2000, California Educational Code § 48980.3 (2000); California Food & Agricultural Code §12996 (2000); California Business & Professional Code § 8593.2 (2000); California Health & Safety Code § 1596.845 (2000)
Prohibits the use of pesticides with conditional, interim, or experimental registrations at schools or childcare facilities (including modifications of active ingredients or uses to existing pesticides) ; Requires applications of methyl bromide to occur 300 feet or more away from school grounds and buildings, to be completed 36 hours prior to the start of all schools within ¼ mile of application; Requires notification signage be posted 24 hours prior to applications, to remain for 72 hours; Requires establishment of a staff registry and requires universal written notification to registrants 72 hours prior to applications
Colorado
Colorado Pesticide Applicators Act, Colorado Code of Regulations § 1203-2:13 (2015)
Requires notification signage be posted at the time of application for applications to public turf, athletic fields, playgrounds, and other “similar recreation or common properties”
Connecticut
An Act Concerning Notice of Pesticide Applications at Schools and Day Care Centers, Pub. L. No. 99-165 (1999); An Act Concerning Pesticides at Schools and Day Care Facilities, Pub. L. No. 05-252 (2005); Connecticut General Statutes § 10-231a-d (2024)
Prohibits applications to K-8th grade school grounds Prohibits applications to 9th-12th grade school grounds during operating hours; Requires establishment of parent and staff registries and requires universal advanced notification to registrants 24 hours prior to applications
Delaware
None
None
Florida
Florida Statutes § 482.2265 (1989)
Requires notification signage to be posted at the time of application to turf and lawns
Georgia
Georgia Department of Agriculture Pesticide Use and Application Rules r. 40-21-2-.02 (1978); Georgia Compiled Rules & Regulations r. 620-3-.02 (2007); Official Code of Georgia Annotated § 8-7-1 (2024)
Prohibits applications when students are present; Prohibits reentry into areas of application for a minimum of 3 hours; Requires pesticides with no re-entry timing requirements on the label to be applied at least 10 feet from student areas; Requires outdoor applications to be made at least 20 feet from student areas; Requires notification signage for applications made to non-residential properties to be posted at the time of application, to be removed “the day after application”; Requires notification signage for indoor applications on public buildings using Restricted Use Pesticides to be posted prior to application, to remain for 24 hours “near building’s entryway or another noticeable place”; signage must include information on how to obtain the pesticide’s Safety Data Sheet (SDS); Requires notification signage to be posted at the primary points of entry to a treated area when a structural application extends 6 feet or further away from the base of a structure
Hawaii
A Bill for an Act Relating to Environmental Protection, Hawaii Administrative Rules r. 4-66-64.2 (2019)
Prohibits the use of Restricted Use Pesticides within 100 feet of school properties during normal school hours
Idaho
None
None
Illinois
Illinois Compiled Statutes § 225-235 (1977); Illinois Compiled Statutes § 415-65 (1988)
Requires notification 48 priors to applications via either an established parent registry or a universal notification made to all parents; Requires notification signage to be posted at the time of applications made to turf or ornamentals, to remain until the following day; Establishes a strict definition of Integrated Pest Management with 7 regulatory provisions; requires the Department of Health to prepare guidelines for Integrated Pest Management for schools which schools can either 1) adopt or 2) decline, with written explanation on why adoption of IPM is not economically feasible for the school
Indiana
Indiana Pesticide Law, Indiana Administrative Code § 357-1-5 (2017)
Requires day cares receiving applications to remain unoccupied for 2 hours after application Requires notification signage to be posted at the time of applications, to remain until the following day; Creates the Pest Control Advisory Board within the Pesticide Review Board; functions to encourage schools to adopt an Integrated Pest Management Policy and provide support
Iowa
None
None
Kansas
None
None
Kentucky
Kentucky Fertilizer and Pesticide Storage, and Pesticide Use and Application Act of 1996, Kentucky Revised Statutes § 217B et. seq. (1996)
Requires notification signage to be posted immediately following applications made to lawns, to remain until the following day; Requires establishment of a parent and staff registry and requires registrants to receive notification 24 hours prior to applications; Requires schools to adopt an Integrated Pest Management policy
Louisiana
Louisiana Pesticide Law, Louisiana Revised Statutes § 3-VIII-1111, 3-VIII-3384, & 3-VIII-3389 (1983); Louisiana Administrative Code § 7-XXIII-1109 (1983)
Prohibits aerial applications within 1000 feet of school grounds during normal school hours (exempts mosquito control applications); Requires schools and school grounds to remain free of students for at least 8 hours after the application of a Restricted Use Pesticide; Requires establishment of a “pesticide sensitive student registry;” for inclusion, parents must submit both a written request and medical proof of sensitivity to the school; Requires the governing authority of a school to submit an Integrated Pest Management plan annually, to include all pest control methods to be employed (including pesticide and non-pesticide methods
Maine
Maine Pesticides Control Act of 1975, Maine Revised Statutes § 22-258-A et. seq. (1975)
Prohibits aerial application within 1000 feet of a school, unless the wind is between 2-10 mph Prohibits indoor applications (exempts those to be made for public health pests, to be determined by the IPM coordinator); Requires application areas to remain empty for 24 hours; Requires notification signage to be posted at least 2 working days prior to applications, to be posted at each point of access to the treated area and in the common area of the school, to remain for at least 48 hours after applications; Requires annual notice to parents and school staff detailing all planned applications; Requires adoption of Integrated Pest Management
Maryland
Integrated Pest Management Systems in Schools and School Grounds Act, Code of Maryland Regulations § 15-05-02 (1997)
Requires universal notification to students, parents, and staff 1 week prior to indoor applications on schools of any level; Requires notification signage to be posted at the time of application, to remain for 28 hours; Requires universal notification to be made 24 hours prior to applications to elementary schools; must include statements warning of the hazards to pregnant women and infants; Requires middle and high schools to make universal notification to students and staff prior to applications; also required for use of bait stations in elementary or secondary schools; Requires middle and high schools to establish a voluntary registry of parents and staff to be notified 24 hours prior to applications; information on joining this registry must be distributed annually; For emergency applications, requires notification to students, parents, and staff to be made within 24 hours of applications; Requires the Maryland Department of Agriculture to develop uniform standards and criteria for the implementation of Integrated Pest Management; once approved by the MDA Secretary, county boards will implement the standards and criteria
Massachusetts
Massachusetts Pesticide Control Act, Massachusetts Code of Regulations § 13.05(3)h, § 333-13.07(2), § 333-13.10(3)(c) (1978)
Prohibits all applications while children are present on school property; Prohibits indoor use of pesticides (with some exemptions); Prohibits aerial crop applications within 150 feet of schools Prohibits outdoor use of pesticides that are known, likely, or probable carcinogens; Prohibits outdoor use of pesticides containing a “List 1” ingredient (inert ingredients of toxicological concern); Requires notification signage for applications made to public buildings to be posted at the time of application at all entrances and areas where applications are made, to remain until “after application” (exempts enclosed bait traps and wood preservatives); Requires notification signage for applications made to turf, public, or private non-residential properties to be posted 48 hours prior to applications, to remain for 72 hours; Requires notification signage for aerial applications made to agricultural property within 500 feet of school property, to be posted 10 hours prior to applications, to remain for 48 hours; For all applications, information on the pesticide used and its application must be made available to anyone who requests it; Schools are required to adopt an Integrated Pest Management plan
Michigan
Michigan Natural Resources and Environmental Protection Act, Michigan Administrative Code r. 285.637.11 & Pub. L. 451 (1994)
Prohibits outdoor ornamental and turf applications of liquid spray pesticides within 100 feet of an occupied room, building, or outdoor area during school hours; Requires area of application to remain unoccupied by students for at least 4 hours after liquid spray or aerosol insecticide applications; Requires school district administrator to establish prior notification registry for parents; must provide written information to parents regarding how to be included on registry at the beginning of the school year or when a new student enrolls, or in September for day care centers; notification must be made 24 hours prior to applications via mail or telephone (or other universal message notification system if outside of the school season); For applicators using broadcast, failure, or space applications of Restricted Use Pesticides in or on school buildings, requires notification signage to be posted immediately after applications at the primary point of entry to the building, to remain for 48 hours; For applicators using broadcast, failure, or space applications of Restricted Use Pesticides on turf or ornamentals, requires notification signage to be posted immediately after applications at the primary point of entry to the area, to remain for 24 hours
Minnesota
Janet B. Johnson Parents’ Right-to-Know Act of 2000, Minnesota Statutes § 121A.30 (2000)
Requires universal notification of all expected applications to be made the beginning of the school year to students, parents, and staff; must include a summary of the school policy, a list of pesticides expected to be used, and must state “that long term health effects on children from the application of such pesticides or the class of chemicals to which they belong to may not be fully understood; must also include information on how parents can sign up for a notification registry to be notified “at a reasonable time before application” (exempts emergency applications)
Mississippi
Mississippi Asthma and Anaphylaxis Child Safety Act § 1-11(j) (2014)
Requires each public school district to implement an Integrated Pest Management program (including procedural guidelines for pesticide applications, education of building occupants, and inspection and monitoring of pesticide applications; may limit the frequency, duration, and volume of applications on school grounds)
Missouri
None
None
Montana
Montana Model School Integrated Pest and Pesticide Safety Program Act, Montana Code Annotated § 80-8-4 et. seq. (1971)
Requires notification signage to be posted for applications to any building used for educational or institutional purposes, to be posted at the time of application at the entrance of each building or room, to remain “until the application is dry or the reentry interval has expired;” sign must include information regarding application, including how to obtain a copy of the Safety Data Sheet (SDS) and label for the product (exempts baits, pastes, and gels) Directs the Department of Agriculture to establish a model Integrated Pest Management program that is encouraged to be adopted by schools
Nebraska
None
None
Nevada
None
None
New Hampshire
New Hampshire Pesticide Control Board, New Hampshire Code of Administrative Rules §506.07 and 508.01 (2022)
Prohibits aerial applications while children are commuting to and from school or when there is outdoor activity ; Prohibits aerial applications to sensitive areas, including day care centers, school buildings/property, playgrounds/athletic fields, or any other property of the school “where exposure to pesticides may have an adverse effect on human health, wildlife, and the environment;” buffer zone distance from these sites for aerial applications is subject to the application permit; Requires notification signage to be posted for commercial applications to turf areas at the time of application, to remain for 24 hours
New Jersey
Pesticide Control Act of 1971, New Jersey Administrative Code § 7:30 (1971); School Integrated Pest Management Act, New Jersey Administrative Code § 7:30 (2002)
Prohibits drift of pesticide applications to a non-target site; Prohibits applications to school properties during the regular school hours (with exemptions); after normal school hours, applications can be made in areas where students will not contact treated areas until sufficient time is allowed for the pesticide to dry or settle or to meet label reentry/ventilation requirements; Prohibits aerial applications within 300 feet of school property while people are present; Prohibits applications within 250 feet of school property with equipment operating at greater than 60 psi unless proper notification is given; Prohibits areawide applications within 2 miles of K-8 schools & within 2.5 miles of 9-12 schools, or when students are commuting; Requires notification signage to be posted for indoor applications at the central bulletin board to include contact & timing info, for 60 days after the last treatment ; Requires notification signage to be posted the start of application for applications to grounds, to remain for 72 hours at the main entry points to the area; to include contact information; Requires the applicator or to provide the following information if requested: prior notification of the specific date of application or copy of label of pesticide(s) used; Requires all schools to adopt an Integrated Pest Management policy
New Mexico
New Mexico Pesticide Control Act, New Mexico Administrative Code § 6.29.1.9.O.6(b) (2009)
Prohibits all applications to licensed childcare centers while children are present on the property Prohibits the use of certain pesticides when areas are occupied; requires application areas to be empty for at least 6 hours after application Requires notification signage for emergency applications; Requires schools to establish a parent notification registry; Requires childcare centers to provide universal notification of application to parents and staff 48 hours prior to application; Requires schools to develop procedures for the implementation of pest management with consideration for reducing the possible impact of pesticide use on human health and the environment
New York
New York Environmental Conservation Law, Consolidated Laws of New York § 33-09 & 33-10 (1972); Uniform Code of Public School Building Inspections, Safety Rating and Monitoring, Official Compilation of Codes, Rules and Regulations of the State of New York § 8-155.4 (1999)
Requires notification signage to be posted for outdoor applications, to remain for 24 hours Requires notification signage for applications to daycare centers or daycare center grounds to be posted 48 hours prior to applications; Requires schools to provide written notification of all planned applications to parents and staff at the beginning of the school year or within one week of student enrollment; parents and staff may sign up to be placed on a registry to receive notification 48 hours prior to applications Information about all applications must be made available to anyone upon request Requires boards of education to establish comprehensive maintenance plans for public buildings, to include provisions for a “least toxic” approach to Integrated Pest Management and procedures and guidelines to contribute to acceptable indoor air quality
North Carolina
North Carolina Pesticide Board, North Carolina Administrative Code § 2-9L-.1005 (2020)
Prohibits aerial application within 300 feet of schools when occupied Requires schools to establish a parent registry for which registrants will receive 72 hour prior written notification of applications; Requires local boards of education to adopt policies that address the use of pesticides in schools and to include Integrated Pest Management in policies
North Dakota
None
None
Ohio
Ohio Administrative Code r. 901:5-11-09 (2013)
Requires notification signage for applications made to public lawns (including schoolyards), to remain for 24 hours and to include direction for how to get more information on applications; Requires schools to establish parent registry to provide notification of applications “as soon as possible”
Oklahoma
None
None
Oregon
Oregon State Pesticide Control Act, Oregon Revised Statutes § 633 (1973); Oregon Administrative Code § 340-109-0010 (2003); Oregon School Integrated Pest Management Act, Oregon Revised Statutes § 634.700 - § 634.750 (2012)
Prohibits applications for aesthetic/cosmetic purposes or on routine, preventative bases ; Prohibits use of EPA toxic category I and II pesticides; Requires notification signage to be posted 24 hours prior to applications, to remain for 72 hours; Requires schools to establish a parent and staff registry, to receive universal written notification of applications 24 hours in advance; Requires applications to be “low-impact” ; Requires schools to implement Integrated Pest Management practices
Pennsylvania
Acts 35 & 36 of 2002, Pennsylvania Statutes § 7-772.1 & § 7-772.2 (2002)
Prohibits applications while students are present ; Requires application areas to be vacant for 7 hours following application; Requires notification signage to be posted 72 hours prior to applications, to remain for 48 hours; Requires universal notification to parents and school staff 72 hours prior to application; allows for choice between universal notification vs parent registry; Requires schools to implement Integrated Pest Management practices
Rhode Island
Rhode Island Pesticide Control Act, Rhode Island General Laws § 23-25-37 & § 23-25-38 (1976)
Prohibits applications in schools or on school grounds during regular school hours or planned school activities (exempts emergency applications); Requires notification signage to be posted at the time of application for applications made to school grounds, playgrounds, or athletic fields, to remain for 72 hours (school is the party responsible for posting, must include names of pesticides applied); Requires schools to establish a registry of persons requesting prior notification, notification to be made 24 hours prior to applications by any means practicable); Requires the Department of Environmental Management and Health to develop regulation to restrict the use of hazardous pesticides in schools, preschools, and child care centers in the state for promotion of Integrated Pest Management; should address emergency application procedures
South Carolina
None
None
South Dakota
None
None
Tennessee
None
None
Texas
Texas Structural Pest Control Act, Texas Structural Pest Control Board Regulations § 595.8, § 595.11 (1993)
Classifies pesticides by EPA toxicity categories based on precautions and reentry times; Requires specific vacancy windows for respective categories, none of which can be applied indoors while students are present: -Green: some may be used outdoors while students are present, others require a 12 hour vacancy window -Yellow: 12 hour vacancy window -Red: 12 hour vacancy window Requires buffer zones for outdoor applications for respective categories: -Green: 10 feet away during applications -Yellow: 10 feet away for 12 hours after applications -Red: 50 feet away for 12 hours after applications Requires schools to post notification signage at the time of application at least 48 hours prior to applications, to remain through the pesticide’s reentry interval; “Consumer Information Sheet” for applications must be made available to any employee working in the building upon request; Requires schools to inform parents in writing that pesticides are periodically applied indoors and on perimeters, and that parents can sign up for a voluntary registry to be notified of the timing and nature of applications in advance; Requires school districts to adopt Integrated Pest Management policies and to designate an IPM coordinator who will be responsible for taking IPM training courses
Utah
Sanitation and Safety of Schools, Utah Administrative Code r. 392-200 (1998)
Requires public and private schools to have a written Integrated Pest Management plan and to adopt IPM practices and principles; to include a policy statement, implementation and education, pest identification, and monitoring, reporting, and control practices, an approved list of pesticides to be used, procedures for use, applicator requirements, and a policy for notifying parents, students, and staff
Vermont
Vermont Rule for Control of Pesticides, Code of Vermont Regulations § 20-031-012 (1991)
Requires notification signage to be posted at the start of applications to turf and ornamentals on “public non-residential properties,” to be posted in main visitor areas and main employee entrances, to remain for 24 hours; must have information regarding applications available upon request; Requires early childhood program licensing programs to instruct that pesticides be used only when other pest prevention and control methods fail
Virginia
None
None
Washington
Washington Pesticide Application Act, Revised Codes of Washington § 17.21.415 (1961)
Requires notification signage to be posted at the time of applications to school grounds, nursery schools, or day care centers, to remain for 24 hours, to include applicator contact information; Requires prior notification be given to parents and staff 48 hours prior to applications via either universal notification or a registry
West Virginia
Integrated Pest Management Program in Schools and Day Care Centers/Facilities, West Virginia Code of State rules, § 61-12J et. seq. (2010)
Prohibits applications to day care centers and schools while students or employees are present (exempts “applications to a localized area of infestation if the infestation causes an imminent threat of bodily harm”); Requires notification signage to be posted for crack and crevice, spot, broadcast, or space applications to daycares, to be posted 24 hours in advance of applications in the area where parents sign their child in and out; Requires administrators to notify parents or guardians of their right to be informed when level 3 or level 4 pesticides are applied, notification to be given at the beginning of each school year or at the time of enrollment; Requires vacancy windows for certain applications based on deferred levels of toxicity and application methods -Level 3 pesticides: 4 hour vacancy window -Level 4 pesticides: 8 hour vacancy window; Requires automatic 24 hour advanced notification be given to employees and students of day care centers prior to applications of level 3 or level 4 pesticides; Requires schools and daycares to establish Integrated Pest Management plans, to be filed with the Commissioner
Wisconsin
Wisconsin Administrative Code, § 29.56 et. seq. (1998)
Requires notification signage to be posted indoors and outdoors at the time of applications to turf or ornamentals on public or commercial facilities, parks, workplaces, recreational areas, and public lands, to remain for 72 hours; information regarding applications must be available upon request
Wyoming
Wyoming Environmental Pesticides Control Act, Wyoming Statutes § 35-7-360:364 (2001)
Requires notification signage to be posted 12 hours prior to applications, to remain for 72 hours Requires universal notification to parents and staff prior to applications

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