(BUT ONLY FOR POST-CONSTRUCTION SUBTERRANEAN TERMITETREATMENTS)

Effective September 1, 1998, there will no longer be fulltreatments for post-construction subterranean termite treatments. The TexasOfficial Wood Destroying Insect Report (WDI) and the termite treatmentdisclosure documents have both been changed to reflect the new definitions.

The Structural Pest Control Board has now taken the positionthat the only FULL TREATMENT for subterranean termites is a pre-constructiontreatment. Post-Construction treatments will be known as partial or spottreatments only. Only a pre-construction treatment can effectively create acomplete chemical barrier; therefore, it will be the only recognized fulltreatment. For drywood termites and related insects, a full treatment will stillconsist of a complete structural fumigation. Any other type of treatment will beconsidered a limited treatment.

Remember to change your disclosure forms and begin using thenew wood destroying insect report forms when these changes go into effectSeptember 1, 1998.

New Official Wood Destroying Insect Inspection Report -Effective September 1, 1998
An updated version of the Official Wood Destroying InsectInspection Report is now available.

Subterranean Termite Post-Construction Treatment Disclosure(Sample Form) - Effective September 1, 1998
This form may be used as is (after removing the words"Sample Form"and completing or deleting the warranty section.) or youmay generate your own form. You are not required to use the exact form that theBoard staff has prepared; however, your form must contain all of the informationrequired by SPCB regulations and the form as approved by the Board. Spaces havebeen added to this sample form for the inspector to indicate areas of presentwood destroying insect activity, and areas to be treated, drilled, rodded,trenched or baited.

Although these new forms do not become effective untilSeptember, the Board voted, on April 30, 1998, to endorse the use of the newdocuments at any time. Copies of the new forms are attached for your use. Youmay choose to use these official forms or create forms of your own. You mayattach additional pages to the form that you use if necessary. If you choose tocreate your own forms you must have all the required information as perregulation 595; do not rely on word of mouth to relay information, put it inwriting. In the near future we will have most of our forms available fordownload from our web site at www.spcb.capnet.state.tx.us.

CHANGES TO TERMITICIDE LABELS

Each time you purchase a termiticide product, be sure to readthe label for changes. It is even more important now that you do so as thetermiticide labels have changed due to the Environmental Protection Agency (EPA)Pesticide Regulation (PR) Notice 96-7. The liquid termiticide labels affected byPR Notice 96-7 are termiticide products distributed or sold by registrants afterOctober 1, 1997 and products sold by dealers after October 1, 1999.

EPA will review labels based on USDA standard test methodsfor rates and treatments to be effective for five (5) years to meet minimumproduct performance standards. Basically what this means is that EPA will notapprove a termiticide product that requires annual re-treatments. The newlanguage states "Re-treatments for subterranean termites can only beperformed if there is clear evidence of re-infestation or disruption of thebarrier due to construction, excavation, or landscaping, and/or evidence of thebreakdown of the termiticide barrier in the soil. These vulnerable orre-infested areas may be re-treated in accordance with application techniquesdescribed in the product labels." The change in re-treatment languageexplains why and when a re-treatment may be required and provides the certifiedapplicator with guidance about re-treatments.

The new language concerning precautionary statements includesrequirements that an applicator must check for "visible and accessiblecracks and holes to prevent any leaks or significant exposures to person(s)occupying the structure." Required personal protective equipment has alsobeen expanded to include respiratory protection for applicators working in anon-ventilated space and greater use of chemical resistant clothing and goggles.

Additionally, there have been changes concerning Pre and PostConstruction Treatments, application volume, and foam treatment requirements.Some examples of the new language:

For post construction foundation perimeter treatments, the applicator must trench or trench and rod into the trench along foundation walls at the rate prescribed on each label. When the footing exceeds four feet, the minimum depth of four feet shall be used to determine the application rate.

For treatments to a foundation wall where the footing is exposed, the soil adjacent to the footing must be treated..

For treatment of slab-on-ground vertical barriers, the soil must be treated at the rate of four gallons of emulsion per ten linear feet for each foot of depth. This ratio must be used in order to establish a treatment zone. A trench does not need to be wider than six inches. Rodding must be done from the base of the shallow trench in order to provide a continuous barrier.

"Low pressure spray (not exceeding 25 psi) may be used to treat soil." Rodding in the trench and using a low pressure will allow application of all the termiticide in a manner that will prevent runoff or movement away from the treatment area.

It is important that each applicator review the labels beforemaking any application. It is the applicators responsibility to know the newlabels requirement on the liquid termiticides before making applications;furthermore, labels will be different from product to product. Be sure to readthe label before using any product for changes.

REGULATION CHANGES

Section 599.4: Termite Treatment Disclosure Documents -Effective July 8, 1997
The SPCB has approved a termite pretreatment disclosuredocument which must be provided to, and signed by, the contractor or purchaserof the pretreatment service. A signed copy must be kept in the pest control userecords of the licensee.

Section 599.4: Termite Treatment Disclosure Documents -Effective September 1, 1998
There have been many additions and changes to thesubterranean and drywood termite treatment disclosure documents. The replacementpages for the law and regulation book are contained in this newsletter.

Section 591.21: Definition of terms - effective January 1,1998
The following term has been added to the regulations:

Montpellier accommodationBait process - The use of food or other requisite that may betreated with a pesticide and/or other mitigating agent that will adverselyaffect the pest.

A subcontractor is a company who provides the pest controlservice on behalf of another licensed company. The subcontractor does not issuethe warranty information, but keeps records associated with the pesticideapplication. The contracting company is responsible for warranty information andtermite treatment disclosure documents. Both companies must be licensed in thecategory needed for the work.

To subcontract work, a business must be licensed in thatcategory of work. The company offering the contract must supply all necessarydisclosure documents. For example, if a company subcontracts it's fumigationwork, both companies must be licensed in the fumigation category. The companywho issues the warranty to the customer is responsible for the disclosuredocuments-graph, label, and fact sheet associated with the label. The fumigatoris responsible for making sure the label directions and application regulationsare followed. Example: recordkeeping and notification requirements. Thefumigator is responsible for making certain the graph used is accurate so thatthe application is appropriate according to label directions.

If a company is not licensed in the needed category or islicensed, but doesn't do that type of work and refers a lead to anotherappropriately licensed company, a referral fee may be paid. If a companyprovides a graph, etc. which may be used by the subcontractor, it must belicensed in the necessary category. An example would be: during a WDI, aninspector notices drywood termites, and refers this to a licensed fumigator. Toprovide the graph with the cubic measurements necessary for fumigation, etc.,the PCO would need to be licensed in the fumigation category The difference isthat in supplying information needed to properly complete a fumigation accordingto the label directions, the person is required to show competency in thefumigation category.

QUESTIONS AND ANSWERS

How can the SPCB hold a PCO Responsible on WDIs?
The PCO is required to follow the specific guidelines asoutlined in Section 599.5, Inspection Procedures of the rules and regulations.The inspection is based on a visual inspection. When an investigator receives acomplaint regarding a WDI report, they can follow the inspection guidelines toverify if the PCO was negligent when performing the inspection. There may alsobe a time factor involved as to how much time had elapsed since the report wasissued.

During a WDI inspection the inspector sees a couple ofcarpenter ants and is unable to locate the nest. Can the inspector list it as anactive infestation and should treatment be recommend?
Live carpenter ants or their frass must be observed for a"Visible Active Infestation." Observing a few randomly scatteredcarpenter ants on a structure does not necessarily indicate an infestation thatrequires treatment, but must still be marked as present. A thorough inspectionshould be conducted to determine the nest site and as a basis for treatmentrecommendation.

Is it acceptable for a pest control company to quote termitetreatment prices over the telephone?
SPCB regulations require that the customer be provided withthe disclosure document at the time of any bid for termite treatment; therefore,no offer for services for a given price should be made by telephone.

If the pest control company treats with a termiticide for aconducive condition, has the conducive condition been eliminated?
No, the conducive condition has not been eliminated; however,the likely hood of termite damage has been reduced.

A conventional termite treatment contract is in effect andretreatment is necessary. Is it legal (or ethical) to sell the customer a baitsystem?
If a company guaranteed control with conventional treatment,the customer is legally entitled to effective termite control by that method.Any substitution of method must be agreed to by the customer and should be inthe customers best interest.

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