PMPs Use Virtual Capitol Hill Visits to Push for Preemption

After a one-year hiatus 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.

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. PMPs who operate in states without preemption are challenged with having to comply with different laws and regulations in each of the communities they service.

NPMA and others say that the best way to ensure the equal protection of Americans’ 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.”

There is some promising news on the preemption front. Soon after Legislative Day, on March 29, Rep. Rodney Davis (R-IL) introduced in Congress a bill that would codify federal pesticide preemption as the national standard, ensuring that the Environmental Protection Agency (EPA) and the state lead agency jointly regulate pesticide usage.

In a press release, Davis said, “Pesticides are already rigorously regulated at the federal and state levels to ensure safety. That’s why I’ve introduced legislation to ensure states maintain their status as the sole co-regulator with the federal government to prevent liberal cities and towns from creating a patchwork of regulations that are confusing and burdensome to users, and ultimately do not contribute to health or safety in any positive way. I look forward to working with industry advocates and my colleagues in Congress to move this bill forward as we look to the next Farm Bill."

NPMA Vice President of Public Policy Ashley Amidon thanked Davis for introducing the bill, noting, “As long-time proponents of pesticide preemption, we applaud Congressman Davis and the introduction of this bill. Preemption is critical to ensuring safe, consistent and science-based use of pest control products and is in alignment with NPMA’s overall commitment to public health.”

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, according to NPMA. This bill would allow citizen petitions to designate pesticides as “dangerous.” Dangerous pesticides are defined as any of the following: carcinogenic, acutely toxic or 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, NPMA 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 members.

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.”

The author is senior digital editor and managing editor of PCT.

TruTech’s Moore Presented with David Cooksey PestVet of the Year Award

Phillip Moore of TruTech Wildlife Services was presented with The David Cooksey PestVet of the Year Award at NPMA Legislative Day.

Moore made deployments to Iraq from 2004 to 2010. He then attended Parkland College, where he focused on the field of fine art. Despite being colorblind, he has become an accomplished artist whose work has been displayed at the North Port Art Center.

FMC’s Tom Wharton presented the award to Moore, saying, “Sergeant Moore is courageous enough to paint what he sees, not what he thinks the rest of us see. Through art, the healing process began. He has made it a mission to help others heal through the medium of art therapy.”

Wharton added, “TruTech Wildlife is lucky to have someone who brings this level of knowledge, experience and passion each and every day to the job.”

Last year, the National Pest Management Association PestVets Council passed a motion to rename the PestVet of the Year Award to The David Cooksey PestVet of the Year Award. Cooksey, CFO of McCall Service, a decorated veteran and an active PestVets member, passed away last year. The Cooksey family was in attendance for this inaugural award presentation, and David’s brother, John Cooksey, commented, “He’ll be remembered as a great patriot, father, husband, brother, son and friend. Thank you again for this amazing legacy to him.”

Black Ownership Matters Hosts Dinner During Legislative Day

Black Ownership Matters (BOM) held its Legislative Day dinner in the nation’s capital on March 13. Members and representatives of BOM from across the county gathered to break bread and discuss business growth strategies and next steps in business operations.

The meeting was attended by BOM members Vernon Brown and Quincy Brown, owners of Harpoon Pest Solutions; Ayanna and Qudair Martin, owners of Alpha to Omega Termite and Pest Control; Timson Green, service manager for Terminix International; Niles Hooks, owner of Pest Exterminating; Angela and Michael Nevill, owners of N&N Consulting & Pest Control; and board members Jason Payne, CEO of Payne Pest Management; Wayne Golden, owner of GSquare Consulting; Faye Golden, director of government affairs for Cook’s Pest Control; Sterling Barbour, president of Revolution National Pest Council; and Jim Steed, owner of Neighborly Pest Management.

Bell Laboratories (Patrick Lynch), Big Time Pest Control (Michael Bullert) and Neighborly Pest Management (Jim Steed) sponsored the dinner.