SB461 SUB1/aca
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 461
(By Senators Tomblin, Mr. President, Love, Ross, Sharpe,
Schoonover, Anderson and Whitlow)
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[Originating in the Committee on Agriculture;
reported February 21, 1996.]
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A BILL to amend and reenact section nine-b, article five, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to further amend said article
by adding thereto a new section, designated section nine-c; to
amend and reenact section four, article sixteen-a, chapter
nineteen of said code; to amend and reenact section seventeen,
article two-b, chapter forty-nine of said code; and to further
amend said article by adding thereto a new section, designated
section eighteen, all relating to authorizing the commissioner
of agriculture to develop and distribute an integrated pest
management program for schools and day care centers;
encouraging each county board of education and licensed day care center to implement this pest management program; and
requiring notification to interested parties of pesticide
application.
Be it enacted by the Legislature of West Virginia:
That section nine-b, article five, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section nine-c;
that section four, article sixteen-a, chapter nineteen of said code
be amended and reenacted; that section seventeen, article two-b,
chapter forty-nine of said code be amended and reenacted; and that
said article be further amended by adding thereto a new section,
designated section eighteen, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-9b. Implementation of the integrated pest management
program.
By the fifteenth day of August, one thousand nine hundred
ninety-five, the board shall implement the integrated pest
management program promulgated under rules by the department of
agriculture under authority of section four, article sixteen-a,
chapter nineteen of this code.
Each county board of education is encouraged to adopt for its
schools an integrated pest management program that incorporates the
guidelines developed by the department of agriculture. County
boards of education shall ensure that the appropriate employees are
experienced, trained and/or certified in the application of
pesticides as required by article sixteen-a, chapter nineteen of
this code and the rules adopted thereunder.
§18-5-9c. Notification of pesticide applications.
At least 48 hours prior to any application of a pesticide at
a school, school administrators shall notify teachers, parents and
guardians of children attending that school that there will be an
application of a pesticide at that school. This notice shall
contain information obtained from the person applying the
pesticide, a statement that a pesticide will be applied, the
approximate location of the application, and the date of
application.
As used in this section, "pesticide" does not include
nonrestricted-use disinfectants, antimicrobials, sanitizers or
deodorizers.
CHAPTER 19. AGRICULTURE.
ARTICLE 16A. WEST VIRGINIA PESTICIDE CONTROL ACT.
§19-16A-4. Powers and duties of the commissioner.
The commissioner of agriculture has the power and duty to carry out the provisions of this article and is authorized to:
(a) Delegate to employees of the department of agriculture the
authority vested in the commissioner by virtue of the provisions of
this article;
(b) Cooperate, receive grants in aid and enter into agreements
with any other agency of the state, the United States department of
agriculture, United States environmental protection agency or any
other federal agency or any other state or agency thereof for the
purpose of carrying out the provisions of this article;
(c) Contract for research projects;
(d) Require that pesticides used in this state are adequately
tested and are safe for use under local conditions;
(e) Require that individuals who sell, store, dispose or apply
pesticides are adequately trained and observe appropriate safety
practices;
(f) Promulgate rules pursuant to chapter twenty-nine-a of this
code, including, but not limited to, the following:
(1) Licensing of businesses that sell, store, recommend for
use, mix or apply pesticides;
(2) Registration of pesticides for manufacture, distribution,
sale, storage or use in this state;
(3) Requiring reporting and recordkeeping related to licensing and registration;
(4) Establishing training, testing and standards for
certification of commercial application, public application,
registered technician and private applicator;
(5) Revoking, suspending or denying licenses, registration and
certification or certificate or permits;
(6) Creating advisory committees made up of both pesticide
industry representatives and consumers as considered necessary to
implement this article;
(7) Establishing a fee structure for licenses, registration
and certificate to defray the costs of implementing this article;
(8) Classifying or subclassifying certificate or certificates
to be issued under this article. The classification may include,
but not be limited to, agricultural, forest, ornamental, aquatic,
right-of-way, industrial, institutional, structural or
health-related pest control;
(9) Restricting or prohibiting the sale or use and disposal of
any pesticide, pesticide container or residue which is extremely
hazardous;
(10) Coordinating and supporting pesticide monitoring
programs;
(11) Developing a program for registration of persons with health sensitivity to pesticide drift;
(12) Establishing guidelines and requirements, as deemed
necessary, for licenses, certificate holders and permittees for the
identification of pests and their methods of inspection of property
to determine the presence of pests;
(13) Establishing procedures for reporting spills, accidents
or incidents; and
(14) Such other rules necessary or convenient to carry out the
purpose of this article;
(g) Design and conduct an appropriate educational program on
the use of pesticides and the necessity for care when applying the
same; and
(h) Only after consultation with the state board of education,
division of human services for child welfare, representatives from
the environmental community, and representatives of school and day
care employees, by the first day of July, one thousand nine hundred
ninety-five, promulgate emergency rules, pursuant to article three,
chapter twenty-nine-a of this code, establishing an integrated pest
management program. The emergency and legislative rules for the
program established in this subsection shall include, but are not
limited to, the following:
(1) The use of least hazardous materials;
(2) That pesticides shall only be applied when monitoring
indicates that pest infestations are present;
(3) That students and school and day care employees, except
school, board of education or day care employees that are certified
applicators, shall not be present during application and provide
for appropriate reentry times, except that pesticides may be
applied to a localized area of infestation when students or school
and day care employees are present if the infestation causes an
imminent threat of bodily harm;
(4) A definition of pesticides; and
(5) A system for prior notification to parents and school and
day care employees.
(h) Develop a model integrated pest management program for
schools and day care centers and distribute the program to county
boards of education and licensed day care centers on or before the
fifteenth day of August, one thousand nine hundred ninety-six. The
commissioner may consult with and obtain advice from
representatives of the sanitation employees of the county boards of
education, local improvement councils, the pest control operators
association of West Virginia, the commissioner of health and human
services for child welfare, state board of education and university
of West Virginia extension service. The department's program shall provide guidance to county boards of education and day care centers
on management of pests and describe various pest control methods,
including, but not limited to, the following:
(1) Explaining chemical, cultural and mechanical pest control
methods;
(2) Defining pest management roles for school and day care
center staff, school and day care center custodial and janitorial
employees, pest control operators and others;
(3) Developing model contracts for schools and day care
centers contracting for pest control services;
(4) Ensuring that county boards of education and licensed day
care centers are informed of the training and/or certification
requirements for individuals making pesticide applications as
required by this article and chapter and rules adopted thereunder;
and
(5) Ensuring that no liquid insecticide applications may be
made while students or teachers are in the immediate treatment
area.
CHAPTER 49. CHILD WELFARE.
ARTICLE 2B. DUTIES OF COMMISSIONER OF HUMAN SERVICES FOR CHILD
WELFARE.
§49-2B-17. Implementation of the integrated pest management
program.
By the fifteenth day of August, one thousand nine hundred
ninety-five, the commissioner shall implement the integrated pest
management program promulgated under rules by the department of
agriculture under authority of section four, article sixteen-a,
chapter nineteen of this code.
Day care centers are encouraged to adopt an integrated pest
management program that incorporates the guidelines developed by
the department of agriculture. Day care centers shall ensure that
the appropriate day care center employees are experienced, trained
and/or certified in the application of pesticides as required in
article sixteen-a, chapter nineteen of this code and the rules
adopted thereunder.
§49-2B-18. Notification of pesticide application.
At least 48 hours prior to any application of a pesticide at
a day care center, day care center administrators shall notify
teachers, parents and guardians of children attending that day care
center that there will be an application of a pesticide at that day
care center. This notice shall contain information obtained from
the person applying the pesticide, a statement that a pesticide
will be applied, the approximate location of the application, and
the date of application.
As used in this section, "pesticide" does not include
nonrestricted-use disinfectants, antimicrobials, sanitizers or deodorizers."