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Audit finds schools ignoring pesticide protection law

By KAREN TESTA
Associated Press Writer
Herald-Tribune (Southwest Florida) www.heraldtribune.com
Article published May 24, 2004

BOSTON -More than 80 percent of schools and child care centers failed to comply with a state law governing pesticide use, and the state agency in charge of oversight has failed to enforce the law, according to an audit released Monday.

The Children's Protection Act of 2000 requires schools and child care centers to submit plans detailing the pest problem at their facilities, the pesticides they propose to apply and who will apply them, even if they aren't using pesticides at the time.

But State Auditor Joseph DeNucci's office reviewed the records of the Pesticide Bureau and found that more than 70 percent of the state's 2,546 private and public schools and more than 90 percent of the 3,242 child care centers have not filed a plan on pesticide use.

The law also requires schools to notify parents and employees at least two days before any pesticides are applied.

"There is no assurance that the children, staff and the public are being properly protected from unnecessary exposure to pesticides," DeNucci said.

The audit blamed some of the failure to comply on a lack of oversight. The audit found the budget of the Pesticide Bureau, part of the Department of Agricultural Resources, has been slashed by 35.4 percent since the law took effect, leaving the bureau with only four field inspectors to monitor more than 8,000 licensed pesticide dealers and applicators.

Still, DeNucci said the Pesticide Bureau should be making more frequent and detailed inspections of pesticide dealers to ensure restricted-use materials are being properly controlled. Since the law was enacted, only nine fines have been issued to schools and applicators for various infractions, the audit found.

Agricultural Resources Commissioner Doug Gillespie said since the audit was conducted, more facilities have submitted their paperwork: now 49 percent of schools and 80 percent of day care centers are in violation.

"We have tried to put the limited resources to gaining compliance, doing outreach, rather than being punitive," he said. The agency has done four mailings and enhanced its Web site to facilitate the paperwork. The site lists each facility to show if it is in compliance.

Gillespie also said the audit failed to note the agency has little or no ability to inspect or review Internet or out-of-state pesticide sales. He urged the passage of new regulations as well as additional staff and resources.

He also stressed that noncompliance with paperwork doesn't necessarily indicate any violations of safety regulations in use of pesticides.

DeNucci recommended the Department of Agricultural Resources conduct a study to determine what the Pesticide Bureau would need for staffing and resources to properly enforce the law.

"I'm shocked that this bill, which was supposed to safeguard children in schools and day care centers, hasn't been enforced," said Sen. Susan Fargo, D-Lincoln, chief sponsor of the legislation. She urged people to contact boards of health to try to compel investigations of compliance from a local level.

The state Department of Education has no direct responsibility for ensuring schools comply. Spokeswoman Heidi Perlman said officials had not yet seen the audit.

"Generally, if these numbers are true, it's certainly disconcerting to think so many are not following the guidelines," she said.

Gillespie acknowledged his agency must do more to get the best bang for its buck.

"This may be a blessing in disguise to have some publicity drawn to this issue," he said.


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Related Pages:

IPM Standards for Schools:  A Program for Reducing Pest and Pesticide Risks in Schools and Other Sensitive Environments

Introduction and information to calculating a score on the IPM Institute's IPM Standards for Schools

Links and resources for school IPM including curricula ideas, pesticide risk information, IPM planning and other resources

Headlines on School IPM

Bibliography for school buildings including pest-specific links and resources

Bibliography for school landscapes and grounds

IPM for School Landscapes & Grounds

IPM Standards for School Buildings

Articles:

"Texas School District Recognized for Excellence in Pest Control"

"LAUSD Parents Gain Right to Know of Toxic Exposure"

"Questions About School IPM Now Answered Online"

"State Program Helps Schools Tackle Pesticide Issues"

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