Notice of Pesticide Applications in Daycare Centers

The legislation enacted in 2000 added the following notification requirements, Social Services Law § 390-c, applicable to daycare centers:

  • At least 48 hours prior to a pesticide application, a notice must be posted in a common area that is conspicuously visible to persons dropping off or picking up children.
  • The notice must include the date and location of the application and, in the case of outdoor applications, two rain dates; the name and EPA registration number of the product being applied; a statement encouraging parents to discuss with a facility representative the precautions being taken to protect children from exposure; telephone numbers of pesticide information lines to obtain more information about the pesticides being applied; and the name and number of the facility representative.
  • The prior notice requirements do not apply to:
    • applications of anti-microbial products (disinfectants), biopesticides or substances exempt from federal pesticide regulation;
    • use of pesticides in aerosol cans for personal protection;
    • use of nonvolatile rodent and insect baits in tamper-resistant containers or areas inaccessible to children;
    • use of silica gels and other nonvolatile ready-to-use paste foam or gel insecticides in areas inaccessible to children;
    • use of boric acid and related compounds;
    • emergency applications to protect against an imminent threat to human health (which must be immediately reported to the Commissioner of the New York State Department of Health); and
    • applications after which the facility will be unoccupied for at least 72 hours.