A Call To Action Concerning Over-The-Counter Sales

Most concentrates and some ready-to-use formulations used by the industry have statements such as “For Professional Use Only” or “For Use by Commercial Applicators” printed on their labels. Remember, the only use of products regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) by the U.S. EPA are restricted-use pesticides, which can be purchased only by certified applicators and applied by them or under their direct supervision. So why are these phrases used on other product labels?

The truth of the matter is that unless these words refer to a restricted-use pesticide, of which very few are used by commercial pest management companies; this language is not enforceable under FIFRA. However, a few states have enacted legislation that enforces this language, thereby limiting the sale to certified private and commercial applicators.

From the manufacturer’s and formula-tor’s point of view, these phrases may be attempts to limit liability and place more of the burden on the distributor and retailer. Or perhaps it is a marketing tactic that encourages consumers to believe that they are getting the “good stuff,” since it is “for professional use only.” Another possible explanation is that this wording may merely discourage the retail sale of these products to consumers. There is no rational explanation for this practice, and why the EPA and state regulatory agencies condone it escapes me.

This discussion is not limited to only those products with this type of wording, but includes all over-the-counter pesticide products sold in a concentrated form. There is a wide array of pesticide products containing very high concentrations of active ingredients being sold for use by untrained consumers. Regardless of the facts or the reasons why these empty words are used on product labels, there is one fundamental issue: pesticide concentrates should never be sold to consumers.

States are continually increasing the training and certification requirements for commercial applicators, yet they permit untrained consumers to purchase and apply the same products used by commercial applicators. In addition, these products are applied not only in private residences but also in commercial properties by property managers, custodians and other untrained individuals. Putting these products into the hands of untrained consumers creates an undue risk of human exposure to pesticides and environmental contamination. What assurances are there that these products will be applied according to their labels and be properly stored and disposed of? Most instances of acute pesticide poisoning result when children come across improperly stored products. With regard to disposal, it is likely consumers often use the simplest method: pouring it down the drain.

Manufacturers who may have concerns about a loss of revenue if sales of concentrates to consumers is halted should realize that the consequence of this action is a reduction in the amount of active ingredient sold, but not necessarily a reduction in sales revenue. Smaller quantities of pesticides or diluted products can be sold for a higher price to offset the cost of manufacturing, packaging and handling them. In addition, selling smaller quantities of pesticides would allow manufacturers to reduce their liability by reducing the risks associated with major spills during transportation, storage and display of large volumes of concentrates.

The intent of limiting the sale of these products is not to deprive the consumer of the right to do their own pest control, but simply to structure the purchase of the product to the amount needed for the job. There is no need to sell concentrates to consumers in pint, quart or gallon quantities. And with the formulation technologies available today, small quantities of active ingredients can be easily packaged for dilution. Many products are already commercially formulated for small unit dosages and there is no reason these same products cannot be pre-mixed or sold in pre-measured amounts to consumers.

Most of the legislative issues for which the National Pest Control Association has lobbied over the years, such as relief on transportation requirements and termiticide labeling, have been self-serving. There is nothing wrong with pursuing issues that benefit our industry directly, however, isn’t it about time we lobby for something that will benefit society as a whole? This issue will also allow us to stand shoulder to shoulder with environmentalists in the quest to prevent the abuse of pesticides.

As I see it, there are two ways to approach this issue: either consumers become certified as commercial applicators, or the legislature enacts an amendment to FIFRA that limits the sale and use of pesticide concentrates only to certified applicators, i.e., the professionals. This is certainly an issue that should be pursued during NPCA’s upcoming 1998 Legislative Day. Based on past successes, if our legislative gurus at NPCA put their heart and soul into it, there is nothing they can’t accomplish.

Dr. Richard Kramer can be reached at 301/570-7138.