[Regulatory Update] Unsettled Congress Creates Uncertainty, NPMA Says

Vulnerable seats in both the U.S. Senate and U.S. House of Representatives, an upcoming Presidential election that is expected to be hotly contested, and an environmental movement that is re-gaining its footing, have the potential to create legislative and regulatory challenges for pest management professionals, said Bob Rosenberg, senior vice president, National Pest Management Association (NPMA).

“In the last seven years, we have not been terribly challenged in the legislative process,” Rosenberg said. “We had some issues where we were on offense, where we had our issues on the table. What we didn’t have was people coming after us. That changed after the 2006 election. There are people in positions of authority that have a long history of going after our industry.”

Despite significant Congressional turnover following the 2006 November election, the pest control industry has been largely unscathed. The Democrat-controlled Congress has been focused on big issues such as the war in Iraq, immigration, energy policy and budget appropriations. “Think what you will of the Democratic leadership, but they have been very disciplined and very determined,” Rosenberg said. “They have kept members in check, kept their eyes on the ball — on the bigger issues (Iraq, immigration, etc.) — and not allowed them to go off on tangents.” But Rosenberg warns that may change, and that NPMA is already seeing some “chinks in the armor,” specifically challenges with the following issues.

H.R. 2401, introduced by Rep. Joe Baca (D-Calif), legislation that would have amended the Food, Agriculture, Conservation, and Trade Act of 1990 to revise pesticide record-keeping provisions. Originally introduced as a stand-alone bill, it was later offered as an amendment to H.R. 2419, the Farm Bill Extension Act of 2007. This amendment included several other objectionable provisions and was soundly defeated on the House floor. Had this bill passed it would have resulted in extensive record-keeping requirements for pest management professionals.

Proposed school pesticide legislation similar to the School Environment Protection Act of 2005. This latest introduction, H.R.3290, was also proposed as an amendment to the Farm Bill (H.R. 2419). Ruled as germane to the Farm Bill and prevented from actually being offered on the House floor, the measure would amend the Federal Insecticide, Fungicide, and Rodenticide Act to require local educational agencies and schools to implement integrated pest management systems to minimize the use of pesticides in schools and to provide parents, guardians, and employees with notice of the use of pesticides in schools, and for other purposes.

The U.S. House of Representatives in late September approved an amendment to H.R. 2881, the Federal Aviation Reauthorization Act of 2007 requiring airlines and ticket agents to notify passengers of insecticide treatments. Specifically, the provision reads: “No air carrier, foreign air carrier, or ticket agent may sell in the United States a ticket for air transportation for a flight on which an insecticide has been applied in the aircraft within the last 60 days or on which an insecticide is planned to be used in the aircraft while passengers are on board the aircraft unless the air carrier, foreign air carrier, or ticket agent selling the ticket first informs the person purchasing the ticket of the application, or planned use of the insecticide, including the name of the insecticide.” Some members vehemently opposed the amendment, including Thomas E. Petri (R-WI), who outlined many of the same concerns of the pest control industry. “For example, notifying a passenger when buying a ticket whether an insecticide has been used on the plane in the last 60 days before the flight is a procedural nightmare for airlines. Is it really a national problem that requires such onerous regulation?” Petri asked. “How many flights would that plane have taken and in what countries? It’s just incredible.” Rosenberg said he is optimistic that this amendment will be killed in the Senate, “but these are the type of things we haven’t seen in a very, very long time. We are starting to see them crop up again.”

Looking ahead, PCOs will want to pay particular attention to the 2008 election, not only because of the Presidential election, but because of Congressional seats up for grabs. Should Democrats gain further control of both houses, they can potentially push through significant amounts of legislation, some of which could impact the pest control industry. Rosenberg encouraged PCOs to start developing relationships now and a good place to start is the upcoming NPMA Legislative Day, set for March 3-4 in Washington. “The time to start developing relationships with members is not when there is a crisis — when there is a bill on the floor tomorrow — it’s too late by then. You need to establish that relationship by the time that emergency has occurred. This Legislative Day and Legislative Days in the foreseeable future will be among the most important.”

For more information about Legislative Day visit www.npmapestworld.org/events/ or call 800/678-6722.