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

    The following applications are excluded from notification:

    • anti-microbial pesticides and products
    • 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
    • nonvolatile rodenticides in tamper resistant bait stations or in areas inaccessible to children
    • silica gels and other nonvolatile ready-to-use paste, foam, and gel formulations of insecticides in areas inaccessible to children
    • nonvolatile insecticidal baits in tamper resistant bait stations or in areas inaccessible to children
    • boric acid and disodium octaborate tetrahydrate
    • a product designated by the US Environmental Protection Agency (EPA) as a biopesticide (www.epa.gov/pesticides/biopesticides/)
    • a product classified by the EPA as an exempt material under 40 CFR 152.25
    • an emergency application of a pesticide to protect against an imminent threat to human health
    • a pesticide application which occurs when the facility remains unoccupied for a continuous seventy-two hours following the application.