ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 2471
(By Mr. Speaker, Mr. Chambers, and Delegate Manuel)
(Originating in the Committee on Education)
[February 28, 1995]
A BILL to amend article two, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section thirty-two;
to amend article five of said chapter by adding thereto a new
section, designated section nine-b; to amend article sixteen-
a, chapter nineteen of said code by adding thereto a new
section, designated section twenty-one-a; and to amend article
two-b, chapter forty-nine of said code by adding thereto a new
section, designated section seventeen, all relating to
maintaining pesticide material safety data sheets at the
county boards of education and the school; making it unlawful
to spray pesticides in schools when students and school
personnel are present; and maintaining material safety data
sheets in day care centers.
Be it enacted by the Legislature of West Virginia:
That article two, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
further amended by adding thereto a new section, designated section
thirty-two; to amend article five of said chapter by adding thereto
a new section, designated section nine-b; to amend article sixteen-
a, chapter nineteen of said code by adding thereto a new section,
designated section twenty-one-a; and to amend article two-b,
chapter forty-nine of said code by adding thereto a new section,
designated section seventeen, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-32. Pesticide information sheets.
The board shall, on or before the first day of July, one
thousand nine-hundred ninety-five, direct each county board of
education to maintain a list of all pesticides, as defined by
section nineteen, article sixteen-a, chapter twenty-one-a, which
are applied to buildings or grounds of school under their control.
This list shall include material safety data sheets for each
pesticide.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-9b. Pesticide information sheets.
(a) The board shall, on or before the first day of July, one
thousand nine-hundred ninety-five, maintain a list of all
pesticides, as defined by section nineteen, article sixteen-a, chapter twenty-one-a, which are applied to the buildings or grounds
of a school under their control. This list shall include material
safety data sheets for each pesticide. Upon request the list shall
be made available to school personnel and to parents or legal
guardians of the students attending the school.
(b) The board shall direct each school to maintain a list of
the pesticides which are applied to a building or grounds of the
school. The list shall include material safety data sheets for
each pesticide. A copy of the list shall be provided to the county
board. An updated list shall be provided to the county board when
the list is modified. Upon request the list shall be made available
to school personnel and to parents or legal guardians of the
students attending the school.
CHAPTER 19. AGRICULTURE.
ARTICLE 16A.WEST VIRGINIA PESTICIDE CONTROL ACT.
§19-16A-21a. Violation prohibiting the spraying of pesticides in
schools when students and school personnel are present.
It shall be unlawful for any person to apply or to direct or
permit another person to apply pesticides to the building or
surrounding grounds of any school or day care center except in
accordance with the provisions of this section.
(1) "Pesticide" shall be defined in accordance with section
three of this article: Provided, That for the purposes of this
section only "pesticides" shall not include antiseptics, soaps, germicides, or nonrestricted use disinfectants, sanitizers, or
deodorizers regulated by the federal insecticide, fungicide and
rodenticide act but includes other pesticides regulated under the
federal insecticide, fungicide, and rodenticide act.
(2) Pesticides may be applied to a school building or on school
grounds during period in which students and school personnel are
not expected to be present during the application or for at a
minimum of twelve hours after the completion of the application:
Provided, That pesticides may be applied to a localized area of
infestation when students or school personnel are present if the
infestation causes an imminent threat of bodily harm.
(3) Pesticides shall only be applied when monitoring indicates
that pest infestations are present.
(4) Pesticide applicators shall use the least hazardous method
available to control pests in school buildings or on school
grounds.
(5) Prior to the day of application pesticide applicators shall
provide the school or day care center with an appropriate material
safety data sheet for each pesticide which will be applied. If any
information on the material safety data sheet changes subsequent to
the application the pesticide applicator shall provide the school
or day care center with an updated material safety data sheet
reflecting all changes.
CHAPTER 49. CHILD WELFARE.
ARTICLE 2B. DUTIES OF COMMISSION OF HUMAN SERVICES FOR CHILD
WELFARE.
§49-2B-17. Pesticide information sheets.
(a) The Commissioner shall, on or before the first day of July,
one thousand nine-hundred ninety-five, maintain a list of all
pesticides, as defined by section nineteen, article sixteen-a,
chapter twenty-one-a, which are applied to a day care center under
the commissioner's control. This list shall include material safety
data sheets for each pesticide.
(b) The Commissioner shall direct each day care center to
maintain a list of the pesticides which are applied to the building
or grounds of the day care center. This list shall include
material safety data sheets for each pesticide. Upon request the
list shall be made available to employees and parents or legal
guardian of the children attending the day care center.