FOCUS ON REGULATORY: Notification Nightmares

When you review the posting and notification laws that affect legislation and regulation for PCOs, you get a sense of how different the same industry is viewed from state to state, from county to county and even from town to town.

When viewed from a distance, the variety of these requirements makes for a dizzying patchwork of potentially costly — and by some opinions, unnecessary — compliance. The dynamic nature of these requirements means that constant change is the rule and constant vigilance is required to achieve compliance.

Much of the concern for pesticide exposure has been driven by groups advocating the “public’s right to know.” With their access to the media, groups such as Beyond Pesticides (formerly known as National Coalition Against the Misuse of Pesticides) have sought and, in the case of the national Parent Teacher Association, formed alliances to pressure legislatures into adopting posting and notification laws.

Many times, the impact of these laws on pest management business is not considered when they are adopted. A first-class stamp now costs 37 cents. What do you think the costs are for postage, printing and processing of monthly mailings to every parent in a school and the labor and associated costs (gas, insurance, vehicle depreciation, etc.) of posting and taking down signs before and after service? What about the costs of litigation and insurance for “toxic exposure” claims — possibly made more likely by the mere presence of posted signs?

States in which authority for regulating pesticide applications, including promulgating posting and notification regulations (PNRs), allow for a single statewide standard. Even in these “pre-emption” states, PNRs sometimes are applied unevenly with respect to the means of posting and/or notification, methods of applications, types of products or actual sites of the applications.

WHAT’S REQUIRED? Posting takes a multitude of forms. Some states require a simple sign on a door or building exterior; regulations can require use of a mandated form or could specify dimensions, placement or information required for signage. Notification can be an annual mailing to building occupants that spells out in general terms the types of products to be used and locations to receive treatment throughout the year; it could be a costly and time-critical mailing to building occupants, renters and, in New York and Florida, adjacent property owners within a specified radius of the application.

In Georgia, a new notification law requires that pest management professionals provide general liability insurance information to all customers who receive treatments and inspections. This same legislation increased the cost of doing business in that it raised minimum limits of liability from $50,000 per occurrence/$100,000 aggregate to $200,000 per occurrence/$500,000 aggregate.

The type of application can trigger a posting requirement. Eight states have PNRs specifically addressing lawn care applications and many states require posting for structural fumigations or pre-construction termite treatments.
Some types of product applications have been exempted from PNRs. With its low risk of exposure, many bait products have been specifically written out of these laws and regulations. The concerted efforts of pest management professionals and their associations, and their negotiations with groups advocating these laws and regulations, have resulted in moderated and reasonable PNRs for these applications in many states.

A common theme for PNR is applications in schools, day-care centers and nursing homes. New York, Texas, Maryland, Michigan Washington, Georgia, Pennsylvania, Louisiana and Rhode Island all have PNRs for schools pending or on the books. An attempt at consolidation of school pesticide laws, including a provision for reasonable and uniform PNRs, was defeated earlier this year in the U.S. Senate. The School Environment Protection Act (SEPA) required notifying parents of pest management plans three times during the school year, establishing a notification registry and posting signs 24 hours prior to and after applications. It also exempted posting for application of baits and microbials. Although supported by NPMA, SEPA failed as an amendment to the farm bill.

At least 15 states allow local regulation of pesticide applications. In these states, PCOs face layers of potentially conflicting regulation. If you’re doing business in Alaska, Arizona, California, Illinois, Maine, Maryland, Michigan, New York, Ohio, South Dakota, Tennessee, Vermont or Wyoming, know where you are when you stop your truck. Your town ordinances could vary from your county ordinance, which may not be exactly what the state requires.

FINAL THOUGHTS. What is the effect of posting and notification laws and regulations? Do such rules serve their stated purpose of providing important information to those who need it? Or, do they inflate the risk of pesticide exposure and create unwarranted “toxic” anxiety? Regardless of what the industry thinks is necessary, such regulations are to be a permanent part of pest management professionals’ operating environments.

How can you stay abreast of the constantly changing patchwork of laws and regulations? Read the trade publications. Join your local, state and national associations. Take part in parent-school organizations. Be an industry resource for your local media, city council, county government and state legislature. Only by taking part in the process can pest management professionals weave common sense into reasonable and livable posting and notification laws and regulations.

The author is vice president of marketing for LIPCA Insurance Group, Baton Rouge, La. He can be reached via e-mail at afugler@pctonline.com.