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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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