February 2004 News

PEST CONTROL INDUSTRY MONITORS CLEAN WATER ACT/FIFRA CONFLICT

WASHINGTON, D.C. — An issue that the pest management industry is keeping tabs on this year is the conflict between the Clean Water Act (CWA) and the Federal Insecticide Fungicide and Rodenticide Act (FIFRA).

The dispute stems from a March 2001 court case titled Headwater Inc. v. Talent. In this case, the U.S. Ninth Circuit Court of Appeals ruled that FIFRA was irrelevant in a situation where an Oregon irrigation district was applying an aquatic herbicide to clear weeds from its canals. The court said that the statute of standing is the CWA and the court required the district to obtain a National Pollution Discharge Elimination System (NPDES) permit prior to continuing the herbicide application. NPDES permits are obtained through EPA or the authorized state agency (the agency with primary authority on water issues).

During the past two years, the U.S. Ninth Circuit Court of Appeals has broadened this theory to cover applications of pesticides to, near or above bodies of water.

Similar cases have been decided in the east but the outcomes were more favorable to industry. For example, the U.S. District Court for the Southern New York District issued a ruling in November 2002, saying that Congress did not intend for CWA to conflict with FIFRA.

In late December 2003, the Second Circuit Court of Appeals ruled that an environmental group’s suit against New York City for failing to obtain a NPDES permit prior to applying pesticides aimed at controlling mosquitoes that might be spreading West Nile virus could proceed.

Although this ruling does not directly affirm that NPDES permits must be obtained prior to applying pesticides to, near or above bodies of water, the decision is troubling for the pest management industry.

Essentially, environmental activist groups pushed for the CWA in courts is because it allows for more citizen suits than FIFRA.

The position of the National Pest Management Association (NPMA) and others is that pest management professionals already have a statute for applying pesticides — FIFRA. Pest management professionals are concerned about the NPDES permit requirement associated with the Clean Water Act.

"This may be costly because pest management professionals may need a lawyer to help fill out the application and then they may be directed by the water quality agency about certain things they have to do," said Gene Harrington, manager of government affairs, NPMA.

"Our argument is that you’ve already got a law that addresses the registration and use of pesticides and that is FIFRA. Injecting another federal statute that is not really applicable or intended to be applicable is confusing, costly and burdensome," he added.

EPA requested comment last summer on a draft policy statement on whether pesticide applicators would be required to obtain NPDES permits. Essentially the policy said that applicators applying pesticides according to label directions would not be required to obtain a permit. Since this EPA policy guidance and statement is in conflict with recent court decisions, Congressional intervention may be needed.

In other legislation news, class action reform litigation will once again be a hot topic in Congress in 2004. H.R. 1115, S. 274 and S. 1751 are bills that would move large, multi-state class-action lawsuits to federal court to prevent "venue shopping" by trial lawyers looking for more sympathetic state courts.

Small businesses often are named as defendants in multi-state class-action lawsuits not because of any wrongdoing, but as a way for attorneys to pick a favorable state court to hear the case.

"We’re in favor of good, common sense class-action liability reform," Harrington said. "This type of legislation is more fair to businesses and it ensures that justice is actually being served."

In August 2003, the U.S. House of Representatives passed H.R. 1115, the Class Action Fairness Act, but the bill later stalled in the Senate. However, after months of negotiation, it appears a compromise is near and the legislation has a chance of winning approval this Congress, Harrington says.

PURDUE

PEST CONTROL CONFERENCE

DRAWS CROWDS

WEST LAFAYETTE, IND. — The 68th Purdue Pest Control Conference, held Jan. 5-9 at Purdue University, featured a variety of pest control experts and drew hundreds of attendees from throughout the Midwest, as well as from around the world.

This year’s Purdue Pest Control Conference was dedicated to Roland L. Rhodes of Rhodes Chemical Co., Kansas City, Kan. Rhodes and his wife Winona founded Rhodes Chemical Co. in their home in 1962. At the time, Roland had experience working in an insecticide formulating company and knew several manufacturers’ sales representatives. The business grew and in 1966 moved out of the home and to a building with two employees. Today, the well-known distributor is a member of national, state and local trade associations; Responsible Industry for a Sound Environment; and the United Producers, Formulators and Distributors Association. In addition, the firm was a charter member of Speckoz.

Dr. Austin Frishman kicked off this year’s conference with a session titled "No Bull — Just Facts: What Makes IPM Work The Frishman Way." Frishman has attended 39 Purdue conferences; he’s spoken at 38. Dr. Karen Vail of the University of Tennessee discussed small ants.

Other speakers included Orkin Pest Control’s Paul Hardy, Varment Guard Environmental Services’ Gerry Wegner, Terminix Interna-tional’s Stoy Hedges, Purdue’s Fred Whitford, and more.

NPMA UPDATES NPCA-1 INSPECTION FORM

DUNN LORING, VA. — NPMA will soon meet with the U.S. Department of Housing and Urban Development to discuss changing the NPCA-1 form, the Wood-Destroying Insect Inspection Information Form. This form, which has been used for the last 10 years in 38 states, is mandated by HUD and the U.S. Department of Veterans Affairs for use with government-guaranteed loans. States that have their own form should also be interested in this, as some mortgage companies require the use of the NPCA-1 in addition to the state form, NPMA says.

Several years ago, HUD began streamlining all forms. NPMA has a window of time to revise the form and submit it to HUD. The NPMA draft form, known as NPMA-33, will be sent to HUD for discussion after final approval by the NPMA board. It is possible that the NPCA-1 will be replaced by NPMA-33 this spring.

According to NPMA, the proposed form clarifies many points, such as the old "indeterminable" category of activity, and removes treatment information, which should be a separate service ticket. It also adds a new category of recommendations for a structure, permitting the inspector to recommend treatment. It also clarifies the mold issue and redefines the scope of the inspection.

Pest management professionals with questions about this process should contact NPMA Technical Director Greg Baumann via e-mail at gbaumann@pestworld.org.

BAYER ES DISCONTINUES OUTPOST TERMITE BAITS

MONTVALE, N.J. — Bayer Environmental Science announced that effective immediately, the company discontinued selling the Outpost Termite Baiting system. The decision was made as part of a new strategy by Bayer ES to concentrate efforts on its flagship product Premise, as well as Maxforce, Suspend, DeltaGard and Tempo.

According to Pete Farno, director of marketing for Bayer Environmental Science’s Pest Management business, "We believe that bait systems are a strong option for PMPs, especially when coupled with Premise. However, Premise is more effective as a stand-alone treatment. Bayer will continue to research and offer new technologies to support our customers."

Bayer ES will continue to supply technical and regulatory support for as long as needed. Bayer is working with its sales force, distributors, pest management professionals and homeowners to ensure a seamless transition, the company says. For more information call 800/331-2867 or visit www.bayerprocentral.com.

CBS AIRS ‘CONSUMER ALERT’ SEGMENT ON PEST CONTROL

DUNN LORING, VA. — Angering many in the professional pest management industry, the CBS Evening News with Dan Rather broadcast a story on Dec. 12, 2003, in its "Consumer Alert" segment, called "Getting rid of termites — why many companies don’t deliver what they promise."

Cindy Mannes, director of public affairs for the National Pest Management Association (NPMA) had the opportunity to comment on the positive aspects of the pest control industry business but her comments were not used for that piece. There was a follow-up story that ran Jan. 2 on the CBS Early Show but just a few comments from Mannes were used.

NPMA prepared a series of questions and answers for pest management professionals to refer to in the aftermath of such press. The information can be viewed at www.pctonline.com/npmaquestions.

FRED CLUTE SCHOLARSHIPS TO BE AWARDED AT FIVE UNIVERSITIES

KANSAS CITY, KAN. — Five $500 scholarships established in the name of Fred Clute will be awarded for the 2004 fall semester at five universities: the Universities of Illinois, Missouri, Nebraska; Iowa State University; and Kansas State University. One student from each of these universities studying entomology with an emphasis in pest management will be awarded a $500 scholarship.

Rhodes Chemical Company established the endowment scholarship fund last year in the name of Clute, a 37-year employee with Rhodes, who passed away in 2002. During his tenure at Rhodes, Clute spent most of his time educating, training, providing customer service and support, problem-solving and assisting others.

Roland Rhodes, president of Rhodes Chemical Co., said he hopes to increase the fund’s size in order to generate an annual $1,000 scholarship. Contributions can be sent to the following institutions (all contributions to an endowment scholarship fund are tax-deductible):

• UIF/Fred Clute Memorial Award Fund, University of Illinois Foundation, Harker Hall MC-386, 1305 West Green St., Urbana, IL 61801

• Fred Clute Memorial Scholarship in Entomology, University of Missouri, Attn: Gail Martin, 306 Reynolds Alumni Center, Columbia. MO 65211

• Fred Clute Memorial Entomology Fund, Iowa State University Foundation, Attn: O. Richard Bundy III, College of Agriculture, 310 Curtis Hall, Ames, IA 50014

• Fred Clute Endowed Scholarship in Entomology, Kansas State University Foundation, Attn: Vaughan Studer, 2323 Anderson Ave. Suite 500, Manhattan, KS 66502

• Fred Clute Memorial Scholarship Fund, University of Nebraska Foundation, P.O. Box 82555, Lincoln, NE 68501

DELAWARE ASSOCIATION ANNOUNCES ANNUAL SHORT COURSE

NEWARK, DEL. — The Delaware Pest Control Association will host its 45th annual Pest Control Short Course to be held at the University of Delaware Feb. 18-19. Featured speakers include Brian Forschler, Barbara Thorne, Bobby Corrigan, Jeff Lloyd, Richard Kammerling, and more. For information, call 302/436-8140.

STUDY: HOMEOWNERS PERCEIVE ‘need’ FOR PROFESSIONAL SERVICES

DUNN LORING, VA. — A nationally representative study found that almost half of all United States homeowners believe there is an increased need for professional pest control services. This survey, sponsored by the National Pest Management Association, went on to point out that only one in four American households budgets for professional pest control services.

According to NPMA Public Affairs Director Cindy Mannes, Americans currently using pest control services are starting to recognize their increased importance; however, that need has not yet translated into their annual budget planning. "Homeowners are becoming more aware than ever before of the threats posed by disease-transmitting and property-damaging pests. It is extremely important that they begin to budget ahead and plan for professional pest control services to counteract these threats," she said.

The study, sponsored by NPMA, was conducted by International Communications Research.

FMC LAUNCHES

NEW WEB SITE

PHILADELPHIA, PA. — FMC Corporation Specialty Products Business has launched two new Web sites to help provide solutions for pest control professionals, lawn care operators and software customers, the company says. One, www.pestsolutions.fmc.com, supports the company’s Specialty Products Business. The second, www.softwaresolutions. fmc.com, supports the FMC Software Solutions Center, part of SPB. "These two new sites utilize ‘solutions-based’ content to provide customers with easy access to information on FMC products, pest information, best management practices (BMPs), product labels, performance data, developing news and other timely information," says Don Claus, director, Specialty Products Business.

The second new site launched by FMC, www.software solutions.fmc.com, is geared to helping pest management professionals manage their businesses. "The modular-based design of our SmartBiz and SmartBiz Mobile software programs helps pest management professionals solve problems with every aspect of their business," says Claus. "This might include task customer management, routing and scheduling, and mapping a day’s service calls. This is Phase 1 for our new Web sites," Claus adds. "We will continue to refine them by adding new functions such as customer log-ins, product specific micro-sites, special services and online training and product demonstrations."

WATERBURY’S DRAX NUTRABAIT PBS

NOW REGISTERED

FOR SALE IN CALIFORNIA

WATERBURY, CONN. — With the final registration granted in California, Drax NutraBait PBS is now available for sale in all 50 states, the District of Columbia and Puerto Rico. Drax NutraBait PBS is a nutritionally balanced bait matrix composed of equal parts proteins, lipids and carbohydrates. It satisfies dietary preferences of ants throughout colony development, the company says. Drax NutraBait PBS has a firmer texture for better bait placement and features a proven 5.00% boric acid formula.

SYNGENTA SWEEPSTAKES EXTENDED

GREENSBORO, N.C. — Two additional pest management professionals have access to online marketing communications tools courtesy of the Syngenta ChoiceCommunications Sweepstakes. As part of its launch of this online marketing communications tool, Syngenta Professional Products recently chose two winners of a free one-year subscription to ChoiceCommunications.

Brian Helmer of Effective Pest Control in Rockwall, Texas, was randomly selected after he registered online to win the free ChoiceCommunications subscription; and Kevin Pass of Action Pest Control in Evansville, Ind., was the winner of the giveaway at the NPMA trade show held in Dallas in October.

Each winner will receive a free one-year subscription. Syngenta Professional Products has extended the sweepstakes through March 2004.

Visit www.securechoiceonline.com for more information about Secure Choice-Communications.

REIERSON RECEIVES 2003 ENTOMOLOGICAL FOUNDATION AWARD

RIVERSIDE, CALIF. — Don Reierson, a staff researcher with the Department of Entomology at the University of California-Riverside and a member of EcoSMART Technologies Scientific Advisory Panel, was recently presented the 2003 Entomological Foundation’s Recognition Award in Urban Entomology at the Entomological Society of America’s annual conference in late October.

This award recognizes and encourages outstanding extension, research and teaching contributions in urban entomology. Reierson has been involved in research and extension activities dealing with urban entomology for the past 40 years, and has more than 130 publications to his credit.

WHITMIRE MICRO-GEN PRESENTS FREE "INNOVATIONS IN TERMITE CONTROL" SEMINARS IN FEBRUARY

ST. LOUIS, MO. — This month, Whitmire Micro-Gen continues its series of free seminars about termite control. Sessions are from 9:00 a.m. to noon, followed by lunch.

For dates, visit www.pctonline.com/events. Or, for more information or to reserve your spot at an "Innovations in Termite Control" seminar, call 800/777-8570, ext. 2424.