Allowable Herbicides for Schools & Day Care Centers

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Author: Jenny Kao-Kniffin jtk57@cornell.edu, Horticulture Section, School of Integrative Plant Science, Cornell University
Revised: August 2020

Under NYS Law Chapter 85, Laws of 2010 (Child Safe Playing Fields Act), all schools and day care centers must comply with restrictions on pesticide use. The law restricts use of pesticides to products containing active ingredients listed as exempt under 25(b) of the Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA). The pesticides must also include inert ingredients that are eligible under 4a of the 25(b) FIFRA exemption. Pesticides containing any active or inert ingredients not listed under the exemption and eligibility criteria of 25(b) FIFRA must receive one-time emergency application approval from appropriate channels.

The post-emergence herbicides that qualify under the EPA exemption of 25(b) FIFRA work primarily as defoliants that knock down the leaf and stem tissues of plants in contact with the herbicide. For perennials, roots and rhizomes are generally able to regrow in several weeks, requiring two to three applications in a season.

The only pre-emergent herbicide with EPA exemption status is corn gluten meal (CGM). CGM must be applied in early spring before weed seeds emerge. In the spring, CGM should be applied before soil temperatures reach several days of 53-55 degrees F—the same temperature that triggers flowering of forsythia shrubs. Be aware that adding the recommended rate of 20 lbs/1,000 sq ft of CGM will result in a substantial nitrogen addition of 2 lbs/1,000 sq ft. CGM is 10% nitrogen by weight.

Allowable herbicides (Do not need emergency application approval)

Ecosmart Weed & Grass Killer
Company: EcoSMART
Target:  Non-selective
Active Ingredient(s):  2-Phenethyl Propionate, eugenol
EPA reg number:  25b, EPA exempt
MSDS

BURNOUT II Weed & Grass Killer
Company:  St. Gabriel Organics
Target:  Non-selective
Active Ingredient(s):  Citric acid & clove oil
EPA reg number: 25b, EPA exempt
MSDS

Weed Zap
Company:  JH Biotech Inc.
Target:  Non-selective
Active Ingredient(s):  Cinnamon oil, clove oil
EPA reg number: 25b, EPA exempt
MSDS | Label

Phydura
Company: Soil Tech Corporation
Target:  Non-selective
Active Ingredient(s):  Citric acid (20%), Clove oil (15%), Malic acid (10%)
EPA reg number: 25b, EPA exempt
Label

 Corn gluten meal
Company:  Several, such as Bradfield Organics, Espoma Organic, and Soil Tech Corp (Dynaweed)
Target:  Non-selective, pre-emergent
Active Ingredient(s):  Corn gluten meal
EPA reg number: 25b, EPA exempt
Notes: also provides N fertilization; must be applied at rate of 20 lbs/1,000 sq ft in early spring before weed seeds emerge

A.D.I.O.S.
Company: Herbanature
Target: Non-selective
Active Ingredient(s):  Sodium chloride
EPA reg number: 25b, EPA exempt
Notes: All ‘other’ ingredients are listed under the 25b EPA exempt 4a inert list
MSDS | Label

What is an EPA 25(b) FIFRA exempt pesticide?

Pesticides containing active and inert ingredients that are considered exempted from 25(b) FIFRA are not subject to federal registration requirements because their ingredients are considered by the EPA to be demonstrably safe for the intended use. To qualify for use under the NYS Chapter 85, Laws of 2010, a pesticide must contain active ingredients listed as exempt under 25(b) FIFRA and inert ingredients listed as eligible under 4a “Inert Ingredients of Minimal Concern.” All inerts listed under the pesticide label must be eligible under the exemption. See the EPA list of eligible 4a inerts at this site.

Disclaimer: Please read pesticide labels prior to use. The information contained here is not a substitute for a pesticide label. Trade names used herein are for convenience only; no endorsement of products is intended, nor is criticism of unnamed products implied. Laws and labels change.  It is your responsibility to use pesticides legally.

Compliance under the Child Safe Playing Fields Act:

Why are some organic herbicides and all reduced risk herbicides prohibited?

Organic herbicides, including those registered under the Organic Materials Review Institute (OMRI), are intended for use in certified organic production, handling, and processing, while reduced risk herbicides are conventional herbicides that were determined by the EPA to pose less risk to human health and the environment than existing conventional alternatives. Many organic herbicides and all reduced risk herbicides are prohibited under the NYS Child Safe Playing Fields Act because at least one active ingredient or inert ingredient is not listed as exempt under FIFRA 25(b). Refer back to page four of this document for more details on which pesticides are prohibited under the law and require emergency application approval.

The following list of organic or reduced risk herbicides require “emergency application approval” from the school board, county or state Department of Health, or NYS Department of Environmental Conservation. Details of the approval process can be found at the DEC website.  Approval of a one-time emergency application of a pesticide not determined as EPA exempt under 25(b) FIFRA is determined by the following:

1. All public schools seek approval from their local school board.
2. All private schools and day care centers receive approval from the county health department (DOH), State DOH district office, or the state DOH’s Bureau of Toxic Substance Assessment.
3. Non-public schools and day care centers on environment-related determinations are approved by the DEC.

More information: Pesticide Use at Schools and Day Care Centers

Most of the organic and reduced risk herbicides listed below are non-selective, and will defoliate all vegetation in contact with the product. However, herbicides containing the active ingredient iron HEDTA are selective against broadleaf weeds.

Weed Pharm
Company: Pharm Solutions, Inc.
Target:  Non-selective
Active Ingredient(s): Acetic acid (20%)
EPA reg number: 81936-1-81935
Label 

Avenger Weed Killer
Company: Cutting Edge Formulations
Target:  Non-selective
Active Ingredient(s): Citrus oil (d-limonene)
EPA reg number: 82052-2
Label

Ortho Elementals Lawn Weed Killer
Company: The Ortho Group
Target:  Selective (targets broadleaf weeds)
Active Ingredient(s): Iron HEDTA
EPA reg number: 67702-27-239

Fiesta Turf Weed Killer
Company: Neudorff
Target:  Selective (targets broadleaf weeds)
Active Ingredient(s): Iron HEDTA
EPA reg number: 67702-26-87865
Label

Scythe
Company:  Dow AgroSciences
Target:  Non-selective
Active Ingredient(s):  Pelargonic acid, nonanoic
EPA reg number: 53219-7
Label

Safer® Brand Fast Acting Weed & Grass Killer
Company: Woodstream Corporation
Target:  Non-selective
Active Ingredient(s): Potassium Salts of Fatty Acids
EPA reg number: N/A
Label

Weed & Grass Killer
Company:  Earth’s Ally
Target:  Non-selective
Active Ingredient(s):  Sodium chloride
EPA reg number: 25b, EPA exempt
Label