'Professional-Use' Pesticides on the Internet

Pesticides that are labeled "For Professional Use Only," or that are labeled "for use by individuals or firms licensed or registered by the state" can legally be purchased from online pesticide suppliers or DIY online stores without the customer providing any proof of licensing or certification as a pest control professional.

The Environmental Protection Agency says that while it can enforce the use of a pesticide product, under federal pesticide law (FIFRA) it does not have the authority to prohibit the sale of an unrestricted pesticide to a consumer. Unrestricted pesticides are general-use products and are not the same as certain "restricted-use" pesticides whose sale EPA can regulate. EPA says that any label language limiting the use of a pesticide to just professionals is not enforceable; it's still an unrestricted pesticide.

According to EPA, anyone can purchase the products but only persons licensed or registered by the state may lawfully store or apply the products. Since it is virtually impossible to track Internet-sold pesticides and police their use, EPA suggests that websites selling these pesticides include a disclaimer statement explaining that inappropriate use is a violation of state law.

The National Pest Management Association has spent years working to persuade EPA to prohibit the sale of professional products to consumers. NPMA says that there are situations where it is appropriate to limit the sale and use of a pesticide product to professionals, specifically where use by an untrained person might result in health or environmental hazards.

Termiticides are good examples of pesticides whose use should be limited to trained professionals, but yet they can be purchased by anyone. State regulators are in disagreement as to whether they can enforce the sale of "Use Only" pesticides in their state, when EPA cannot. There is no end in sight to this debate.