Comments on Barbara Boxer scores one for the Kids!

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3/4/2000

We now need to find out if anyone in the House has been contacted to  introduce similar legislation there.
Lawrence A. Plumlee

The U.S. Senate, for the first time, is on record as supporting protection of children from school pesticide use.

The U.S. Senate unanimously approved an amendment (to the Education Savings Account bill (S.1134)) by Senator Barbara Boxer (D-CA) which requires 48-hour prior notification to all parents and guardians when their child's school uses pesticides that contain a known carcinogen, a developmental or reproductive toxin, or an acute nerve toxin. On the issue of pesticide use, the amendment directs EPA to distribute its existing IPM booklet which advises schools on pest management practices. EPA's definition of IPM is weak and allows any registered pesticide to be used.

The specifics are not as important here as the recognition that children's exposure to pesticides is a problem that needs attention. Senator Boxer recognized that the legislation to which she attached her amendment would probably never become law because it is facing a presidential veto. She, in fact, voted against the bill she amended.

As we move forward with attempts in the future to adopt a federal standard of protection, we are urging that certain elements be kept in mind. The School Environment Protection Act (SEPA) is a comprehensive approach that establishes 1) prior universal notification, 2) a clear definition of least toxic IPM, and 3) mandated EPA standard setting for ensure pesticides do not harm children.

It is important to note that IPM without a definition does not change anything. IPM is already abused and misused by the pest management industry. We need an effective and useful definition of IPM that reduces and eliminates that use of toxic pesticides in our children's schools. A severely truncated approach, without definitions for IPM will only serve to prolong the dependency of schools on pesticides that can adversely affect children, despite the availability of non-toxic alternatives. Our fear is that an abbreviated federal policy in this area, without specifics and clear direction to EPA, will not offer children and school staff the protection that they deserve. Relying on EPA to define this is obviously problematic.

There will be other opportunities to amend legislation with language similar to Senator Boxer's amendment. We will continue to pursue these opportunities and are extremely pleased that there is discussion on these issues in Congress. However, we want to ensure that the result is something meaningful that serves as a national standard to protect children, one that offers a decent level of protection for all students and school staff.

Boxer's amendment follows:

SEC. XXX. PESTICIDE APPLICATION IN SCHOOLS.

(a) In General: Each school that receives Federal funding shall--

    (1) take steps to reduce the exposure of children to pesticides on school grounds, both indoors and outdoors; and

    (2) provide parents and guardians of children that attend the school with advance notification of certain pesticide applications on school grounds in accordance with subsections (b) and (c). 

(b) EPA List of Toxic Pesticides:

    (1) In general: The Administrator of the Environmental Protection Agency shall distribute to each school that receives Federal funding the current manual of the Environmental Protection Agency that guides schools in the establishment of a least toxic pesticide policy.

    (2) List: Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall provide each school that receives Federal funding with a list of pesticides that contain a substance that the Administrator has identified as a known carcinogen, a developmental or reproductive toxin, or a category I or II acute nerve toxin.

c) Parental Notification of Toxic Pesticide Applications in Schools:

    (1) In general: On or after the date that is 18 months after the date of enactment of this Act, any school that receives Federal funding shall not apply any pesticide described in paragraph (b)(2) on school grounds, either indoors or outdoors, unless an administrative official of the school provides notice of the planned application to parents and guardians of children that attend the school not later than 48 hours before the application of the pesticide.

    (2) Notice: The notice described in paragraph (1)--

(A) shall include--

(i) a description of the intended area of application; and

(ii) the name of each pesticide to be applied; and

(B) shall indicate whether the pesticide is a known carcinogen, a developmental or reproductive toxin, or a category I or II acute nerve toxin.

    (3) Incorporation of notice: The notice described in paragraph (1) may be incorporated in any notice that is being sent to parents and guardians at the time at which the pesticide notice is required to be sent.

Beyond Pesticides/National Coalition Against the Misuse of Pesticides

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