PMPs Use Virtual Capitol Hill Visits to Push for Preemption

WASHINGTON, D.C. -  After a one-year due to COVID-19, NPMA Legislative Day activities were back in person March 14-15, with Capitol Hill visits conducted virtually on March 16. FMC was once again the premiere sponsor of Legislative Day.

Attendees gathered at the Capital Hilton in Washington, D.C., to hear from leading political pundits and to strategize for their virtual congressional meetings.

NPMA asked Legislative Day attendees to focus lobbying efforts in several areas, most notably preemption..

PREEMPTION. Once again, attendees were asked to urge their congressional members to support pesticide preemption. Preemption codifies the exclusive role of state lead agencies as pesticide co-regulators with EPA. Currently, 46 states have preemption (those that don’t are Alaska, Maine, Maryland and Nevada), meaning the state lead agency preempts local government when it comes to determining how pest control products and services are employed. For PMPs who operate in states without preemption, they are challenged with having to comply with different laws and regulations in each of the communities they service.

NPMA and others believe that the best way to ensure the equal protection of American’s food, businesses, health and property is for Congress to pass federal preemption. NPMA is open to any language that would achieve that goal, but has recommended that Section 24 (7 U.S.C. 136v) of the 2023 Farm Bill be amended by adding at the end the following new subsection: (d) LOCAL REGULATION PROHIBITED. A political subdivision of a State shall not impose, or continue in effect, any requirement relating to sale, distribution, labeling, application, or use of any pesticide or device subject to this section.

A new development related to preemption that encouraged NPMA Vice President of Public Policy Ashley Amidon occurred just prior to NPMA Legislative Day. Amidon reported that Rep. Rodney Davis (R-Ill.) will be introducing pesticide preemption language in a bill for the pest control industry later this month.

PACTPA OPPOSITION.  Closely tied to preemption is the Protect America’s Children from Toxic Pesticides Act (PACTPA, S. 3283). Introduced in the Senate in November by Sen. Cory Booker (D-NJ), one of the most problematic provisions of this proposed bill is a nationwide repeal of preemption, which would allow every local community to enact legislation and other policies without being vetoed or preempted by state law.

Another concern with PACTPA is that it creates a “Dangerous” pesticides category to arbitrarily ban products without considering science. This bill would allow citizen petitions to designate pesticides as “dangerous.” Dangerous pesticides are defined as any of the following: carcinogenic, acutely toxic, an endocrine disruptor among other factors. While these factors are already considered when pesticides are evaluated by the EPA, this provision is poised to overwhelm the EPA with citizen petitions, NPMA reports.

As NPMA Public Policy Chair Bonnie Rabe (Rollins) noted, “EPA goes through a huge process in order to register a pesticide, and manufacturers have to jump through multiple hoops, provide lots of data and lots of information before anything even gets to the market. But this would sort of change that by having this new classification that would be called 'dangerous,' which again, is kind of a misnomer because anybody could petition to have a product become classified as ‘dangerous,’ and it just would not be done based upon the science that we utilize today. And it would take away tools and it’s just not very well thought-out.”

NPMA Legislative Day attendees urged their congressional representatives to oppose S. 3283, or any similar legislation that reduces the role that science and state lead agencies play.

EDUCATION. Once again, Legislative Day attendees used their virtual Hill visits to educate Congress that the pest control industry protects public safety and health and that members are productive small business owners who contribute in multiple ways to their communities. NPMA created one-page “Industry Overview” fliers that could be left with Congressional reps. The fliers explain that "pest management is often associated with controlling common household pests in residential settings. Depending on the type of infestation, pests can compromise a building’s structural stability and can even put property at risk for fire. However, the importance of the industry to the nation is much broader than controlling pests in the home. It plays a vital role in protecting our food supply and public health. In fact, public health officials attribute the quality of life we have today to three things: better pharmaceuticals and vaccines, better sanitation and better pest control.”

Other highlights from Legislative Day:

• Political pundits Jennifer Palmieri and former U.S. House Rep Carlos Curbelo debated during the FMC Legislative Day Luncheon.
• Matt Eversmann, who led a group of Army Rangers in a UN peacekeeping operation in Somalia, said whether leading troops in battle or making business decisions "Processes don't get through crises. People do." His session was sponsored by Control Solutions Inc.
• "I blame those who do what I do for a living, for having driven the country into a partisan ditch," said radio talk show host and television commentator Michael Smerconish during a session sponsored by Corteva AgriScience.
• Ted Brayton of Griggs & Browne Pest Control was presented with the FMC Legislative Day Award.
• The David Cooksey PestVet of the Year Award was presented to Trutech Wildlife Service's Phillip Moore.
• PCT and BASF presented the 2021 Technician of the Year Awards to Juan Arroyo (Massey Services); Joe Avery (HomeTeam Pest Defense); and Derek Foster (Northwest Exterminting); PCT's Brad Harbison then shared findings from the recent PCT/NPMA "Wages & Benefits" survey, which was sponsored by BASF
• Christian Ragland, director of talent acquisition & diversity, equity & inclusion at AtlantiCare, presented and he noted, “When people talk about DE&I it's not just about race and ethnicity. It's not just about sexual orientation or gender identity. It's about how do I make everyone feel included.”
• Bob Cusack, editor and chief of The Hill, said Democrats have to be concerned about the mid-term elections because Biden is polling in the 40s and "if you're under 50 percent, your party is not going to do well in the election." His session was sponsored by MGK.
• Members of NPMA's Executive Leadership Class of 2020 recognized in person at Legislative Day: Trent Kucherka (ABC Home & Commercial, Lewisville, Texas), Manny Guzman (Pestrol, N.Y., N.Y.) and Adam Brashier (Modern Pest Control, Katy, Texas).