Text to be removed highlighted in red.
1 New Subdivision; Pesticide Use and Notification Where Children Play. Amend RSA 430 by inserting after section 57 the following new subdivision:
Pesticide Use and Notification Where Children Play
430:58 Definitions. In this subdivision:
I. "Community playground" means an outdoor area provided for children to play on, such as any outdoor area that contains any swing set, slide, climbing structure, playset, or device or object upon which children play, which is owned or controlled by the state of New Hampshire or any county, city, or town in the state.
II. "Emergency pesticide application" means a situation where reasonable alternative methods to lawn and landscape pesticide use have been exhausted, and an application of a lawn and landscape pesticide is necessary based on an imminent threat to public health.
III. "Imminent threat to public health" means an unpredictable outbreak of a poisonous, stinging, or biting insect, such as ticks or mosquitoes, or poisonous or stinging plant, such as poison ivy, that threatens public health.
IV. "Lawn and landscape pesticide" means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the Federal Insecticide Fungicide and Rodenticide Act for use in lawn, garden, and ornamental sites and is applied for the purpose of controlling lawn, garden, or ornamental pests. Lawn and landscape pesticide shall not include:
(a) A microbial pesticide or biochemical pesticide that is registered with the United States Environmental Protection Agency;
(b) A horticultural soap or oil that is registered with the United States Environmental Protection Agency and does not contain any synthetic pesticide or synergist;
(c) A pesticide classified by the United States Environmental Protection Agency as an exempt material pursuant to 40 C.F.R. 152.25, as amended; or
(d) A pesticide including no active ingredients other than those published in the National List at 7 C.F.R. 205.601, as amended.
430:59 Emergency Pesticide Application; Notice Required.
I. No individual shall apply a lawn and landscape pesticide to the grounds of community playground, except in the case of an emergency pesticide application, which is to be determined by county, city, or town board of health, or for a municipality not having a board of health, the governing body of the municipality shall select a designated health official.
II. All emergency pesticide applications are to be conducted by a commercial applicator as defined in RSA 430:29, or if not practicable, a certified applicator as defined in 40 C.F.R. 171.2(a)(8).
III. For a community playground, prior to an emergency pesticide application, at least 48 hours public notice shall be provided to residents through reasonable means, including but not limited to the Internet website of the local government, except that if such notice is not practicable, notification shall be given within 24 hours after an emergency pesticide application. A copy of each notice of an emergency pesticide application shall be maintained by the local government for a period of 5 years. Such notice shall include:
(a) The name of the active ingredient of the pesticide being applied.
(b) The brand name of the product and copy of the product label.
(c) The target pest.
(d) The location of the application.
(e) The date of application.
2 Effective Date. This act shall take effect 180 days after its passage.
Text to be added highlighted in green.
1 New Subdivision; Pesticide Use and Notification Where Children Play. Amend RSA 430 by inserting after section 57 the following new subdivision:
Pesticide Use and Notification Where Children Play
430:58 Definitions. In this subdivision:
I. "Community playground" means an outdoor area provided for children to play on, such as any outdoor area that contains any swing set, slide, climbing structure, playset, or device or object upon which children play, which is owned or controlled by the state of New Hampshire or any county, city, or town in the state.
II. "Emergency pesticide application" means a situation where reasonable alternative methods to lawn and landscape pesticide use have been exhausted, and an application of a lawn and landscape pesticide is necessary based on an imminent threat to public health.
III. "Imminent threat to public health" means an unpredictable outbreak of a poisonous, stinging, or biting insect, such as ticks or mosquitoes, or poisonous or stinging plant, such as poison ivy, that threatens public health.
IV. "Lawn and landscape pesticide" means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the Federal Insecticide Fungicide and Rodenticide Act for use in lawn, garden, and ornamental sites and is applied for the purpose of controlling lawn, garden, or ornamental pests. Lawn and landscape pesticide shall not include:
(a) A microbial pesticide or biochemical pesticide that is registered with the United States Environmental Protection Agency;
(b) A horticultural soap or oil that is registered with the United States Environmental Protection Agency and does not contain any synthetic pesticide or synergist;
(c) A pesticide classified by the United States Environmental Protection Agency as an exempt material pursuant to 40 C.F.R. 152.25, as amended; or
(d) A pesticide including no active ingredients other than those published in the National List at 7 C.F.R. 205.601, as amended.
430:59 Emergency Pesticide Application; Notice Required.
I. No individual shall apply a lawn and landscape pesticide to the grounds of community playground, except in the case of an emergency pesticide application, which is to be determined by county, city, or town board of health, or for a municipality not having a board of health, the governing body of the municipality shall select a designated health official.
II. All emergency pesticide applications are to be conducted by a commercial applicator as defined in RSA 430:29, or if not practicable, a certified applicator as defined in 40 C.F.R. 171.2(a)(8).
III. For a community playground, prior to an emergency pesticide application, at least 48 hours public notice shall be provided to residents through reasonable means, including but not limited to the Internet website of the local government, except that if such notice is not practicable, notification shall be given within 24 hours after an emergency pesticide application. A copy of each notice of an emergency pesticide application shall be maintained by the local government for a period of 5 years. Such notice shall include:
(a) The name of the active ingredient of the pesticide being applied.
(b) The brand name of the product and copy of the product label.
(c) The target pest.
(d) The location of the application.
(e) The date of application.
2 Effective Date. This act shall take effect 180 days after its passage.