“Pesticide”
means any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest.
“Pest”
means any living organism injurious to other living organisms,
except man, viruses, bacteria or other microorganisms in or on
other living organisms other than plants, which is declared to
be a pest pursuant to the Pesticide Control Act.
Procedures will include,
but are not limited to the following:
a.
No pesticide may be applied to public school property and
no pest contrail device as defined in the New Mexico Pesticide
Control Act may be used on public school property except these
pesticides and devices currently registered for legal use in the
state by the New Mexico Department of Agriculture.
b.
No pesticide may be applied to public school property except
by those persons certified in the applicable category and currently
licensed by the New Mexico Depart of Agriculture or by employees
under the direct supervision.
c.
Pesticides will only be applied in or on the outside of
school buildings when a pest is present and will not be applied
on a regular or “calendar” basis unless it is to treat
an infestation and is a part of a pest management system being
implemented to address a particular target est. A pest is considered
to be present when it is observed directly or can reasonably be
expected to be present based on finding evidence such as droppings,
body parts, or damage that is typically done by the pest. This
section of the regulation does not apply to pre-construction termite
treatments or the use of outdoor herbicides.
d.
Pesticides that are applied in a liquid, aerosolized, or
gaseous form through spraying, aerosol cans, bombs, fumigation
or injections into the ground, foundation, or plants will not
be applied on public school property when students, staff, or
visitors are present or may reasonably be expected to be present
within 6 hours of the application. In emergency cases where a
pest infestation threatened the health and/or safety of the occupants
of public school property, and which requires the immediate application
of a pesticide to remediate, students, staff, and other school
occupants will be removed from the treatment area prior to the
application. Small amounts of gel or liquid pesticides applied
to cracks and crevices or baits used to treat pest infestation
are exempt from this section.
e.
At the beginning of each year, and when new students register,
schools will develop a list of parents and guardians who wish
to be notified prior to pesticide application during the school
year. These parents/guardians will be notified in writing prior
to pesticide application. General notification of anticipated
pesticide applications will occur by posting or dissemination
of notices or oral communication or other means of communication.
In emergency cases where a pest infestation threatens the health
and/or safety of the occupants of public school property no pre-notification
is required. Immediately following the application of a pesticide
in emergency cases, signs will be posted indicating an application
was made.
f.
Written records of pesticide application will be kept fro
three (3) years at each school site and be available upon request
to parents, guardians, students, teachers, and staff.
g.
The State Department of Public Education may coordinate
technical assistance for implementation of regulation 9.13.4
h.
If any part of section 9.13.4 is found to be in conflict
with the provisions of the Pesticide
Control Act, the remainder of the regulation will remain in
full force and effect.
