Revision: Dec. 14, 2015, midnight
\t \t\tHB 1312 - AS INTRODUCED
2016 SESSION
\t16-2353
\t08/04
HOUSE BILL\t1312
AN ACT\tlimiting the use of pesticides on school grounds and municipal playgrounds.
SPONSORS:\tRep. Bixby, Straf. 17; Rep. Suzanne Smith, Graf. 8; Rep. Sherman, Rock. 24; Rep. Bartlett, Merr. 19
COMMITTEE:\tEnvironment and Agriculture
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ANALYSIS
\tThis bill limits the use of pesticides on school grounds and municipal playgrounds.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2353
\t08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tlimiting the use of pesticides on school grounds and municipal playgrounds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subdivision; Pesticide Application at Schools and Municipal Playgrounds. Amend RSA 430 by inserting after section 57 the following new subdivision:
Pesticide Application at Schools and Municipal Playgrounds
\t430:58 Pesticide Application at Schools and Municipal Playgrounds.
\t\tI. In this section:
\t\t\t(a) "Pesticide'' means:
\t\t\t\t(1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and
\t\t\t\t(2) Any chemical or biological agent, or substance or mixture of substances of such agents, intended to control a pest or for use as a plant regulator, defoliant, or desiccant.
\t\t\t\t(3) Pesticide shall not include:
\t\t\t\t\t(A) The application of anti-microbial pesticides and anti-microbial products as defined by the Federal Insecticide, Fungicide, and Rodenticide Act in 7 U.S.C. section 136 (mm) and 136 (q)(1)(H);
\t\t\t\t\t(B) The use of an aerosol product 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;
\t\t\t\t\t(C) The use of non-volatile insect or rodent bait in a tamper resistant container;
\t\t\t\t\t(D) The application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 C.F.R. part 152.25;
\t\t\t\t\t(E) The use of boric acid and disodium octaborate tetrahydrate; or
\t\t\t\t\t(F) The use of horticultural soap or oils that do not contain synthetic pesticides or synergists.
\t\t\t(b) "School'' means any public or private elementary, secondary, or secondary vocational-technical school in New Hampshire. It shall not include home schools under RSA 193-A.
\t\tII. No school shall apply pesticide to any playgrounds, turf, athletic, or playing fields and no municipality shall apply pesticide to any municipal playground, except that an emergency application of a pesticide may be made as determined by the commissioner of the department of agriculture, markets and foods, in consultation with the school board or local governing body, whichever is appropriate, and the pesticide control board.
\t2 Effective Date. This act shall take effect 60 days after its passage.