Pesticide Laws for NYS Schools and Daycares: Part 1
As an herbal medicine and foraging instructor, I have partnered with numerous school districts in Western New York to offer wild edible and medicinal plant classes. Many schoolchildren and continuing education participants have explored school property edges with me, plucking self-heal and linden flowers to nibble.
I've heard mixed information about pesticide application regulations at schools and daycares. I'll share my findings on what's currently on the books in New York State.
This is the first article in a series on school and daycare pesticide use. This article showcases the excellent policy on outdoor pesticide use in New York, plus top-notch guidance on alternative ways to manage pests (besides herbicides).
The second article explores areas where New York's laws have room for growth, using recommendations offered by Beyond Pesticides.
I hope to offer a third article, sharing data from local schools about how this law has changed their practices, and how often "emergency" exceptions to these rules are permitted. With the pandemic and the start of the school year imminent, this hasn't been a great time to get an email reply or returned call from school groundskeepers and administration offices. I'll offer article number three when I'm able to gather enough info.
If you live outside of New York, Beyond Pesticides offer a summary of school pesticide laws in different states. I'd suggest following up with your own research to make sure this information is up-to-date.
Image: Two friends rest on their hike near a patch of wild ramps (Allium tricoccum). I use cultivated alliums like garlic, onions, chives, shallots and leeks rather than harvesting this slow-growing, at-risk plant.
2010 Amendments to School & Daycare Laws
In 2010, changes were made to the State Education Law (Section 409-k) and the Social Services Law (Section 390-g) stating that "no school or day care center" can apply pesticides to playgrounds, athletic fields, or turf. This law applies to
public school districts (including the New York City (NYC) Department of Education), non-public schools, boards of cooperative education (BOCES), and child and Head Start day care centers. The law also applies to a school or day care center located at a college or university. The law does not apply to family day care centers, group family day care centers, school-age child care programs, day care centers in the five boroughs of NYC (NYS Department of Conservation (NYS DEC) 2010).
“Pesticide” here includes insecticides, fungicides, herbicides, rodenticides, and more. These terms are defined in Section 33-0101.35 of this New York State environmental conservation law.
This document offers DEC Guidance on this law, including instructions for viewing the law in its entirety (page 10). See page 11 for information about another 2010 law restricting the use of fertilizers containing phosphorus, with the intention of improving water quality.
Exceptions
The 2010 pesticide law does not apply to indoor pesticide use. It also does not apply to outdoor applications to buildings or other structures, like sheds and garages (NYS DEC 2010).
Under the new law, “pesticide” does not include six types of pesticide products, which can be applied on playgrounds, turf, and athletic or playing fields at schools and day care centers (NYS DEC 2010). Several of them are approved for organic food production:
Antimicrobial sprays, liquids, and concentrated powders, which may include active ingredients such as bleach. This does not include fungicides used on turf and plants for the purpose of controlling plant diseases. There are a small number of antimicrobial products approved for use on artificial turf.
Pesticide sprays in 18-ounce cans (or smaller). These can only be used when protecting individuals from an immediate threat from a biting or stinging insect. Not intended for long-term pest control.
Non-volatile rodent and insect bait in childproof containers. Not allowed are "baits packaged as pellets, granules, treated grain, or any other loose form that can lead to potential exposure to children, non-target organisms and the environment or gel baits in syringes that are applied when squeezed" (NYS DEC 2010).
Products containing boric acid or disodium octaborate tetrahydrate. These products may be used to control ants, wood-boring insects, and silverfish, for example. These substances are permitted in organic agriculture (Hollyer et al). According to a Materials Safety Data Sheet, "Disodium Octaborate Tetrahydrate is not flammable, combustible, or explosive, and it presents no unusual hazard if involved in a fire. Disodium Octaborate Tetrahydrate presents little or no hazard (to humans) and has low acute oral and even lower dermal toxicity." It decomposes to "natural borate" in the environment (Home Depot).
Horticultural soaps and oils that do not contain synthetic pesticides or synergists. Active ingredients are limited to "paraffinic oil, mineral oil, petroleum oil, citrus oil, or combinations of salts of fatty acids." Approved for certified organic production. They may be used to manage plant pests, including aphids and spider mites.
Pesticides classified as exempt by the US Environmental Protection Agency (EPA). Also known as Minimum Risk Pesticides or 25(b) exempt pesticides. Because they contain ingredients the EPA considers to pose little to no risk, these products do not need to be registered with the EPA. Examples include corn gluten meal for weed management; dried blood to repel rabbits; soybean oil to manage mites, aphids, scale, and other insects; and a number of other plant-based oils. Check out the list of EPA-exempt products on page 8 of this document.
Image: flowering yellow goldenrod (Solidago sp.) and visiting beetles look out on a green field.
What counts as an "emergency," and who makes the call?
Exceptions to these rules may be allowed in the cases of an "emergency" (NYS DEC 2010). An event is be considered an emergency if it has a significant effect on the ecosystem, such as out-of-control invasive species, or if it causes a public health threat. The DEC, county health department, and/or the NYS Dept of Health will make decisions for emergency requests made by non-public schools and day care centers. For public schools, the school board makes the decision. "A school board, as it deliberates, may consult those agencies with relevant questions (as well as the in‐house expertise of its grounds managers)" (NYS DEC 2010).
If the pest issue recurs the same or subsequent growing season, the school or daycare is required to submit a new exemption request every time.
The following situations are not considered an emergency:
When the problem can be managed with alternative methods or permitted products, "even when it takes time to learn and fully practice pesticide alternatives."
Pest problems that occur on a seasonal or recurring basis. Since these situations don't usually create a public health or notable environmental threat, recurrence alone doesn't constitute an emergency.
When the problem is purely aesthetic--like administrators not liking the look of dandelions in the lawn. Kudos, New York! (NYS DEC 2010).
When a pesticide is applied in an emergency situation, the same pesticide/herbicide applicator requirements apply as in other landscaping settings. The DEC requires that anyone applying pesticides or herbicides to public property must be a Certified Commercial Applicator, or working under one who has trained them. See page 12 of this document for more on those requirements.
Image: quarts of juicy strawberries adorn a Dunkirk Farmers Market market table.
Supporting the Use of Pesticide Alternatives
As I mentioned above, when a pest problem can be managed with alternative pest management practices or permitted products, it is not considered an emergency. The 2010 law requires the DEC and Department of Health offer guidance regarding alternatives to pesticides, assisting schools and daycares in complying with the new rules which also maintaining healthy, vibrant spaces. This guidance comes, in part, in the form of Integrated Pest Management (IPM) practices.
Pages 3-5 of this DEC guidance document summarize how a school might proactively avoid pest issues or resolve them with the least negative impact. This section of the document excites me the most! Schools and daycares are advised to:
Examine the whole outdoor system. Observe the site. Get a big-picture understanding of maintenance needs and what steps should be taken to support its heath.
Take note of areas and site characteristics that are prone to pest issues due to less desirable conditions--heavy foot traffic, poor drainage, etc. These areas may require more proactive and preventative care and maintenance.
Maintain soil health, which supports healthy plant life. Tend to the pH, appropriate amendments like compost, moisture, etc.
Select the right plants for the conditions! The document offers resources for selecting plants that are likely to thrive in the light, moisture, and soil conditions present.
Choose maintenance practices that support the health of turf, like letting the grass get longer to support healthy root growth, and making sure lawnmower blades are sharp to minimize damage to the grass and thus disease risk.
These practices are used in the Integrated Pest Management approach to land care. Learn a bit more about IPM in this A Nourishing Harvest article: "Policy on Pesticide Reduction: New York State Parks."
To ask questions or to report a possible violation of these rules, visit section E of this DEC guidance document.
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Sources:
Hollyer, James, Fred Brooks et al. "The Allowed* Use of Commercial Fertilizers, Pesticides, and Synthetic Substances on U.S. Farms Under the USDA National Organic Program." College of Tropical Agriculture and Human Resources, University of Hawai'i at Manoa. Food Safety and Technology, December 2013. FST-56. www.ctahr.hawaii.edu/oc/freepubs/pdf/FST-56.pdf
Home Depot. Board Defense Material Safety Data Sheet. Effective Date: January 1, 2002. https://images.homedepot-static.com/catalog/pdfImages/c9/c9db6a3b-6e23-4343-8358-1d1e5017fd3e.pdf
New York State Department of Environment and Conservation (NYS DEC). "Guidance on Chapter 85, Laws of 2010. Summary of Pesticide Prohibition Requirements and Pesticide Alternatives Regarding Schools and Day Care Centers in New York State." Dec 22, 2010. https://www.dec.ny.gov/docs/materials_minerals_pdf/guidancech85.pdf
