Code of Massachusetts Regulations
333 CMR - PESTICIDE BOARD
Title 333 CMR 14.00 - Protection Of Children And Families From Harmful Pesticides
Section 14.02 - Definitions

For the purposes of 333 CMR 14.00, the definitions set forth in M.G.L. c. 132 B, § 2 and 333 CMR 2.00, 333 CMR 10.00, and 333 CMR 13.00 apply, unless otherwise provided.

Daycare Center: Any public or private facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center or preschool, or known under any other name which receives children not of common parentage who are not more than six years of age, or who are not more than 21 years of age if such children have special needs, for non-residential custody and care during part of all of the day separate from their parents. Daycare center shall not include: Any part of a public school system; any part of a private, organized education system, unless the services of such system are primarily limited to kindergarten, nursery or related preschool services; periodic religious instruction classes conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family daycare home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation.

Emergency Waiver: Notwithstanding the provisions of 333 CMR 14.10, a written single use exemption from the following provisions:

(a) That Standard Written Notification shall be provided to employees, pupils, or supervised children and their parents or guardians at least two working days before pesticides are to be sprayed, released, deposited or applied outdoors at a school, daycare center or school age child care program; or

(b) That only those pesticides allowed for use in schools, daycare centers or school age child care programs under M.G.L. c. 132B are permitted for use.

Integrated Pest Management (IPM): A comprehensive strategy of pest control whose major objective is to achieve desired levels of pest control in an environmentally responsible manner by combining multiple pest control measures to reduce the need for reliance on chemical pesticides; more specifically, a combination of pest controls which addresses conditions that support pests and may include, but not be limited to, the use of monitoring techniques to determine immediate and ongoing need for pest control, increased sanitation, physical barrier methods, the use of natural pest enemies and a judicious use of lowest risk pesticides when necessary.

Integrated Pest Management Committee: The individuals or persons who share interests or concerns related to pest control activities and whose purpose is to develop a school IPM Policy and help make pest management decisions for the school, daycare center and school age child care program. Whereas, the IPM Committee of a small daycare center may be composed of the IPM Coordinator alone, the IPM Committee for a large school, daycare center and school age child care program may include representation across the wide array of respective services and activities. It is recommended that any indoor and outdoor pest management, landscaping, or turf management contractors hired by the school be included on the IPM Committee.

Integrated Pest Management Coordinator : The individual within the school, daycare center and school age child care program who, with the authority and support of the school administration or management, is generally in charge of pest control activities for the school, daycare center, and school age child care program. This individual ensures that the IPM plan is carried out and coordinates and communicates with parties involved with custodial service, building maintenance, food service, outside vending, pest control, grounds maintenance; and other parties including students, parents, and teachers.

Integrated Pest Management Policy: The written statements that describe the overall pest management philosophy and environmental health goals for the school, daycare center and school age child care program. Such statements shall describe how the school, daycare center and school age child care program will advance existing pest control practices, improve environmental health conditions, and reduce the amount of pesticides used by the school for the purpose of protecting children and others within the school, daycare center and school age child care program.

Integrated Pest Management (IPM) Plan : A written pest management plan that covers both indoor and outdoor areas and that is implemented and adopted by each school, daycare center and school age child care program. One copy of the plan adopted by the school, daycare center or school age child care program shall be filed with the Department, and at least one additional copy shall be kept on site and made available to the public upon request pursuant to M.G.L. c. 66, § 10.

Indoor Pesticide Application: An indoor pesticide application is one where the applicator is standing inside of the facility making a pesticide application or one where the applicator is standing outside of the facility and making the pesticide application towards the interior of the building.

School: Unless the context otherwise requires, the term "School" shall mean any public or private kindergarten through 12th grade, school age child care program and daycare center.

School, Daycare Center and School Age Child Care Program Property: The indoor and outdoor areas, lands or other real properties of a school, daycare center and school age child care program shall include the following:

(a) The area on which there is a school, daycare center or school age child care program buildings;

(b) The area on which there is a school, daycare center or school age child care program managed athletic field; and

(c) The area which that has been delineated for school, daycare center or school age child care program activities through an agreement with the school, daycare center or school age child care program and local government.

School Age Child Care Program: Any public or private program or facility operated on a regular basis which provides supervised group care for children not of common parentage who are enrolled in kindergarten and are of sufficient age to enter first grade the following year, or an older child who is no more than 14 years of age, or not more than 21 years of age if such child has special needs. Such a program may operate before and after school and may also operate during school, vacation and holidays. A school age child care program shall not include: Any part of a public school system; daycare center or school age child care program system; any part of a private, organized educational system, unless the services of such system are primarily limited to a school age daycare program; periodic religious instruction classes conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family daycare home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation.

Standard Written Notification: A written notice that includes the following information relative to an application of pesticides on the outdoor property of a school, daycare center and school age child care program property:

(a) A description of the purpose of the pesticide application;

(b) The approximate dates on which the spraying, release, deposit or application of a pesticide shall commence and conclude;

(c) The specific location of the anticipated application;

(d) The name, type, and U.S. EPA Registration Number for every pesticide product to be used;

(e) A Department-approved fact sheet; and

(f) A written statement approved by the Department describing any precautions to be taken and ways to minimize pesticide exposure, especially for sensitive individuals such as children, the elderly, pregnant women and those with health problems.