New York State Education Law Section 409-H, effective July 1, 2001, requires all public and non-public elementary and secondary schools to provide written notice to all persons in the parental relation, faculty, and staff regarding the potential use of pesticides periodically throughout the school year.

The Monroe #1 BOCES is required to maintain a list of persons in the parental relation, faculty, and staff who wish to receive 48-hour written notification of certain pesticide applications. 

What is not subject to prior notification requirements

The following pesticide applications are not subject to prior notification requirements:

• Anti-microbial products;
  
  
• Nonvolatile rodenticides in tamper resistant bait stations in areas inaccessible to children;
  
  
• Nonvolatile insecticidal baits in tamper resistant bait stations in areas inaccessible to children;
  
  
• Silica gels and other nonvolatile ready to use pastes, foams, or gels areas inaccessible to children;
  
  
• Boric acid and Disodium Octaborate Terahydrate;
  
  
• The application of EPA designated biopesticides;
  
  
• The application of EPA designated exempt material under 40CFR152.25;
  
  
• The use of aerosol products with a directed spray in containers of 18 fluid ounces or less when used to protect individuals from an imminent threat from stinging and biting insects including venomous spiders, bees, wasps, and hornets.

Additionally, no notification is required if a school remains unoccupied for a continuous 72-hours following an application.

Emergency application

In the event of an emergency application necessary to protect against an imminent threat to human health, a good faith effort will be made to supply written notification to those on the 48-hour prior notification list.