[Problems & Solutions] Answers to Your Toughest Pest Questions

Q. I have found many home improvement companies and contractors applying products that are either registered EPA pesticides, or non-registered material containing insecticide. In many cases, I have found that the customer has been told that the non-registered products will control insects. The price is usually cheaper — much cheaper — than my bid. Is this legal? What can I do to notify my state lead agency?

A. Legality of pricing is not an issue that can be addressed here. However, the application issue has always been a problem, if it is considered one at all. It is truly frustrating to bid on a control plan and have the job go to someone who is unlicensed, untrained and using claims that the products vaguely support.

Let’s start with the simple context that any material or chemical formulation that claims to control “pests” should be registered for that purpose — even products that contain small amounts of insecticide, but do not make the claim on the label. Take, for example, some insulation products now on the market. One sold mostly to PCOs contains 11 percent boric acid; another sold in local hardware and box stores also contains a similar amount of boric acid. The former product claims — and has data to support — that it controls insects; the latter does not.

Obviously, unlicensed “applicators” of the latter product should not be able to claim that their insulation controls insects. This would be a violation on both federal and state levels. According to most state regulations, a company for hire must be licensed as a pest control company if it claims a product will control insects. But regulators seem apathetic when it comes to enforcing these rules.

In order to get regulatory action in your case, you would need to notify the state lead agency and, here is the key, offer “proof” that the product is being used for something it is not registered for. What type of proof  is needed? Most likely a customer would have to complain and offer up the contract that says insect control is part of the deal.

However, I believe that if PCOs would start complaining to the regulators on a regular basis with documentation in hand, maybe the regulators would take steps to stop the inappropriate use. This could be done by writing a letter to the “applicator” and notifying the product manufacturers that they need to be registered. Whatever EPA could do is beyond my comprehension.

At present there is a movement within EPA to do two things: 1) Strengthen training and certification standards; and 2) reevaluate the registration process for such products as disinfectants and microbials. The latter impacts another area that has become popular: mold control. Last year I wrote about the use of non-registered products to control mold. Some of these products use a warranty to claim 20-plus years of control. As I read definitions in the current federal regulations, these are pesticides because mold would be considered a pest.

The review process at EPA is, shall we say, slow. The agency has been working on this for some time and NPMA is involved in the process. I read occasional updates on that topic in the industry magazines, and in online newsletters. If you don’t like the process, let EPA know. Hey, it worked in Congress recently; maybe we could get a reaction as to where we stand on these issues.

The author is president of George Rambo Consulting Services, Seneca, S.C. Questions can be faxed to him at 864/654-2447.

Bed Bug Legal Status

Q. I have seen some stories on bed bug lawsuits and claims against major hotel chains in the media. Have you heard of any results?

A. I have been involved in discussions with attorneys on a few cases. Many of these cases have been either settled, or still are a few years away from coming to court. In short, unless the information is made public (like the press follows up), there is not any information forthcoming. I have heard of a case where the plaintiffs received a pretty nice settlement and one where they did not. In any event, there is a real concern about these insects, because every time someone claims to have been bitten, they want someone to blame.

I recommend attending the upcoming PCT Bed Bug Seminar, scheduled for Sept. 18, in Las Vegas. Attendees will get an earful of the latest information and, most importantly, strategies on dealing with bed bugs from Dr. Mike Potter and Rick Cooper.

Because of the very nature of these insects we in the industry have been retooling, if you will, to contain them. I believe the books have to be rewritten on these bugs. Our literature is full of information from people who have never seen these insects before in their careers, including me. I read Harry Katz’s letter to the editor [Harry Katz Update, PCT May 2007] and found, as always, Harry’s recall on point!

The products he used in the 1950s — diatomaceous earth and other desiccants — we are using today and many applicators have turned to them as part of a preventative program. Now, we cannot use them exactly the same way Harry did (dusting under sheets on beds), or at least I would not try that, but they are still viable products. And, there are other products and manufacturers have been scrambling to get more of them relabeled or registered.

When we treated for bed bugs in the past, we had a much different environment within the treatment area. And even today, it seems that where we find the heaviest infestations, the situations are reminiscent of what we read about in the old literature.

Bed bugs are persistent, very small and it takes a lot of experience to inspect and handle these infestations properly. Some companies are gaining these perspectives, and others have become very specialized in their treatments, including the use of canines to sniff out the bugs and check on treatment success. Some PCOs choose to not get involved. But until we understand more about the way bed bugs travel and transfer between locations, we will be relying on inspection and the conditions we face in treatment arenas to rule our approach in treatment regimens.