The Structural Pest Control Board publishes newsletters as a service to the Texas pest control industry. We hope that the information contained in our newsletters is educational and informative. Due to budget restraints we are able to mail only one copy to each licensed pest control firm and only one copy to each licensed noncommercial certified applicator. We hope, and expect, that each pest control company and noncommercial certified applicator will share the information with each of their employees and any other interested parties.

CONSUMER INFORMATION UPDATE

The Structural Pest Control Board has made a substantial change to the requirements of the Consumer Information Sheets. In 1991 the Texas Legislature made it mandatory for all Pest control operators to provide a copy of the Consumer Information Sheet before each treatment begins. Since that time the Board has been looking for a way to make the regulation more realistic, while still complying with the legislative mandate.

In order to revise the regulations, many groups had to come to an agreement. This included the TPCA Consumers Union and many others. It is a pleasure to report that pest control operators are no longer required to provide a copy of the Consumer Information Sheet each time a treatment is made, if the treatment is part of a monthly or quarterly service. It is still required that the Consumer Information Sheet be distributed for each and every non-routine treatment. Section 595.7 (f) of the SPCB regulations states "Any customer may waive receipt of the consumer information sheet for multiple treatments by signing or initially the following written statement: 'I have received a copy of the Consumer Information Sheet for all treatments to be provided as part of this pest control service agreement. I may receive additional copies at any time upon request to the service provider, and will receive any updates to the Consumer Information Sheet, which may occur.' The pest control operator must keep a copy of this statement in the pest control use records for each customer covered by the agreement."

Additionally, the regulation combines the Reduced Impact Service Consumer Information Sheet and the required Consumer Information Sheet which further reduces the process, thus benefiting the agency, the industry, and consumers. The Board is committed to streamlining the regulations without reducing the Board's responsibilities to the industry and consumers. More information about these and other changes will be coming in the near future.

Lee Poole, 68, a former resident of Houma was sentenced to two years in prison and fined more than $2 million following a guilty plea to charges of spraying a cotton insecticide in homes as a roach killer in the Houma (Louisiana) area in 1996, said (Louisiana) Commissioner of Agriculture and Forestry Bob Odom.

"The judge threw the book at him. We think the stiff sentence is justified and hopefully will send a message too others who would endanger the health of people by using farm chemicals in a residence," Odom said.

Through its investigation, Louisiana Department of Agriculture and Forestry investigators located Poole in Michigan in 1997. The department has been working with the U.S. Environmental Protection Agency and other state and federal agencies in the investigation.

Tuesday, April 28 (1998), Judge Paul V. Gadola in the Eastern District of Michigan in Detroit, sentenced Poole to 24 months in prison, ordered him to pay $2,189,000 in restitution, placed him on one year’s supervised probation upon his release, and prohibited him from ever again applying pesticides commercially.

"At the state level, we have spent hundreds of thousands of taxpayer dollars in the last three years investigating these cases and analyzing chemical samples for the cotton insecticide, methyl parathion," Odom said. "At the federal level they have spent tens of millions of dollars relocating people and cleaning up homes and apartment dwellings contaminated with methyl parathion."

"It’s time those who would abuse agricultural chemicals get the message that such abuse is a serious matter and will be dealt with harshly. There are plenty of effective and legal chemicals on the market for insect control inside the home," Odom said.

The (Louisiana) Department of Agriculture and Forestry has analyzed thousands of samples for methyl parathion taken from more than 2,000 homes and apartments in and around New Orleans, Houma, Alexandria and Shreveport in the last three years. The testing has resulted in some 300 homes and 200 apartments units testing positive for the highly toxic chemical.

In the Poole case, in and around Houma, the department tested 334 homes Poole allegedly sprayed with methyl parathion. About 50 of the homes tested positive for the chemical. Poole was specifically charged with being an uncertified pesticide applicator and knowingly applying the restricted use pesticide, methyl parathion, to the interior of two homes in Houma. Poole claimed it was a roach spray.

Poole had a prior history of misuse of methyl parathion. On two separate occasions the Louisiana Department of Agriculture and Forestry had administered enforcement action against Poole for misuse of the chemical. In 1988, Poole was fine $3,000 by LDAF for applying a pesticide without certification and applying a pesticide in a manner inconsistent with its labeling.

In 1994, Poole again was fined $5,000 by LDAF for selling methyl parathion without a label, making false claims regarding the labeling and applying the pesticide in a manner inconsistent with the labeling, all without proper certification.

 

Consumer Information Sheets have been developed and approved for customers that strictly receive lawn care services (work performed in the Lawn & Ornamental Insect Control and Weed Control categories).

The form entitled "Consumer Information Sheet, Lawn & Ornamental Insect Control" is intended to be given to customers receiving conventional Lawn & Ornamental Insect Control or Weed Control Services.

The form entitled "Consumer Information Sheet, Reduced Impact Service, Lawn & Ornamental Insect Control" is intended to be given to customers receiving services from a pest control operator designated as a Reduced Impact Pest Control Operator by the SPCB. In order to receive this designation the pest control operator must complete an approved training course and use reduced impact service practices. (See the next article for related info)

A few years ago, the Texas Attorney General investigated approximately 21 Texas pest control companies. This was the result of an Environmental Protection Agency (EPA) and the Federal Trade Commission (FTC) investigation into false, misleading or deceptive advertising. The focus of the investigations was advertising of specific wording that related to claims as to the safety of using pesticides.

A cooperative agreement between the Attorney General’s Office, the pest control industry represented by the Texas Pest Control Association (TPCA) and the Structural Pest Control Board addressed the situation. As a result the Board adopted rules regarding advertising that uses specific claims as to the safety of pesticides and further clarifies statements that may not be used in advertising. Prohibited language that may not be used in advertising pesticide products or their usage includes "EPA Registered," "EPA Approved," "Free from Risk or harm," "environmentally friendly," "environmentally sound," "environmentally aware," "environmentally responsible," and "contains all natural ingredients," "organic" and/or "among the least toxic chemicals known."

The Board and Industry (TPCA) were able to develop guidelines and rules that allow advertising when a company has met the Reduced Impact Service requirements. The goal of Reduced Impact Pest Control is to effectively control pests and provide customer satisfaction while seeking to minimize individual exposure to pesticides through the application of Integrated Pest Management (IPM) principles. This type of service requires an inspection and recommendation of non-chemical solutions to pest problems. The certified applicator for the Reduced Impact Service company must attend a Board approved Continuing Education program (CEU), approved for Reduced Impact Service and keep records of the inspection and recommendations made at the time of inspection. The inspection report will inform the customer of practical and feasible alternatives, which result in less exposure to pesticides. All personnel providing the service, must complete at least one hour verifiable training in Reduced Impact Service.

The rule and agreement allows pest control companies that meet the Reduced Impact Service standards to advertise the services they provide, and use wording that is descriptive of this type of service as opposed to the safety of the pesticide. These phrases include "reduced exposure," "reduced risks," "reduced hazards" "Reduced Impact Specialist," "environmentally sensitive services," "environmentally friendly service," along with other phrases listed in Section 595.14 of the Structural Pest Control Board regulations.

This is a brief history and summary of how and why the Structural Pest Control Board developed the Reduced Impact Service and advertising regulation. It would benefit each company to review Sections 595.13 and 595.14 of the Structural Pest Control Board regulations before placing any advertising.

The National Pesticide Telecommunications Network (NPTN) is a toll-free telephone service that provides a variety of impartial information about pesticides to anyone in the contiguous United States, Puerto Rico, and the Virgin Islands.

NPTN is a cooperative effort between Oregon State University (OSU) and EPA. It is currently located at OSU in Corvallis, Oregon.

The network provides objective, science-based information on pesticides. Topics available include: Pesticide product information; information on recognition and management of pesticide poisonings; toxicology; environmental chemistry; referrals for laboratory analyses, investigation of pesticide incidents, and emergency treatment; Safety practices; health and environmental effects; and clean-up and disposal.

The network is open to questions from the public and professionals. It is staffed by highly qualified and trained pesticide specialists who have the toxicology and environmental chemistry training needed to provide nowledgeable answers to questions about pesticides. NPTN pesticide specialists provide information in a user-friendly manner and are adept at communicating scientific information to the lay public.

Pesticide specialists can help callers interpret and understand toxicology and environmental chemistry information about pesticides; access pesticide label information; direct callers for pesticide incident investigation, emergency human and animal treatment, safety practices, clean-up and disposal, and laboratory analysis; and supply general information on regulation of pesticides in the United States.

The National Pesticide Telecommunications Network can be reached Eastern Time 6:30 a.m. to 4:30 p.m. at 1-800-858-7378, Fax (541) 737-0761, Email:nptn@ace.orst.edu, Internet address:

ace.orst.edu/info/nptn

Associated with the NPTN is the National Anti-microbial Information Network (NAIN), a toll-free telephone service (1-800-447-6349) that provides callers with information about anti-microbial pesticides.

According to the Federal Trade Commission (Rule 16 CFR Part 429) consumers have three days to exercise their right to cancel purchases of $25.00 or more if the purchase was made in their home or at a location that is not considered to be the seller’s permanent place of business.

The "Cooling-Off" Rule applies to sales at the buyer’s home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurants. The "Cooling-Off" Rule applies even when the salesperson is invited to make a presentation in the buyer’s home.

The "Cooling-Off" Rules does not cover sales that; (1) are under $25; (2) are for goods or services not primarily intended for personal, family or household purposes; (3) are made entirely by mail or telephone; (4) are the result of prior negotiations at the sellers permanent business location where the goods are sold regularly; (5) are needed to meet an emergency; (6) are made as part of the buyers request for the seller to do repairs or maintenance on their personal property.

Other sales exempt involve: (1) real estate, insurance, or securities (2) automobiles, vans, trucks, or other motor vehicles sold at temporary locations, provided the seller has at least one permanent place of business; (3) arts or crafts sold at fairs or locations such as shopping malls, civic centers, and schools.

In order to cancel the purchase the buyer must notify the seller in writing either by mail or hand delivery before midnight of the third business day. The buyer is not required to give a reason for canceling.

The complete name and citation is "Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations; 16 CFR part 429."

If you would like more information on this rule, write: Consumer Response Center, Federal Trade Commission, Washington D.C. 20580, or call the Federal Trade Commission at 1-800-688-9889, or visit the Federal Trade Commission’s web site www.ftc.gov.

You may also wish to contact the Texas Attorney General’s office at P.O. Box 12548, Austin, Texas 78711, (512) 463-2100, or at their web site www.oag.state.tx.us in order to obtain information concerning the Texas Home Solicitation Transactions Act [Art. 5069-13.01 VTCS] which expands on the federal law specific to Texas Consumers.

In the past there has been some confusion concerning what the Board requires on contracts or warranties. The following information is provided in order to hopefully make it clearer.

The board requires on all contracts, warranties or guarantees the following items: (1) the board jurisdictional statement "Licensed and Regulated under the Structural Pest Control Act," and (2) the name, address and telephone number of the board (see section 595.5).

For all termite treatments, complete details of the warranty must be provided including: (a) if the warranty does not include the entire structure treated, the areas included must be listed; (b) the time period of the warranty; (c) the renewal options and cost; (d) the obligations of the pest control operator to retreat for termite infestations or repair damage caused by termite infestations within the warranty period; and (e) conditions that could develop as a result of the owners action or inaction that would void the warranty (see section 599.4).

Other items that contracts and warranties should include, at a minimum, are as follows: the name address and phone number of the pest control firm, the name address and phone number of the customer, address and description of covered property, effective dates, terms and conditions specific to the warranty, any exceptions, renewal fees and deadlines, signature lines for the PCO and consumer.

As contracts and warranties are legally binding we suggest that you consult an attorney before utilizing any warranty and contract documents.

How do I report my address change to the board?

Mail or fax the changes in address on company or personal letterhead to the Structural Pest Control Board office. We will make a computer change. There is no charge for this change; however, if the licensee requests a new license showing the address change a $20 fee is required.

I know now that I should have started using the new WDI form September 1, 1998. Will I be fined if I used the old form after that?

The SPCB recognizes that when forms change there may be a few individuals/companies that inadvertently continue to use the outdated forms. Although this is technically a violation, we will take into consideration all of the circumstances and make enforcement decisions on a case by case basis.

I want to start my own pest control company. What do I need to do?

Step One: Complete an application for business license. The individual applying for the business license does not have to be licensed as a certified applicator (see step three); however, the applicant for business license does have to meet the standards of the board concerning licensure of individuals with criminal backgrounds.

Step Two: Obtain a policy of General Liability Insurance coverage that meets the minimum standards of the Board. Have your insurance agent forward a copy of your insurance certificate to our office.

Step Three: Complete a name change for certified applicator license form, changing your certified applicator license over to your new company. If you are not a certified applicator then you must either become one or hire someone who is licensed as a certified applicator. Each pest control company must have at least one certified applicator in order to be issued a business license.

Step Four: Send all completed applications and all appropriate fees to the board office in Austin. (Don’t forget to have your insurance agent send us a current copy of your liability insurance certificate.)

Step Five: Have your new TPCL numbers posted permanently on your vehicle(s).

Step Six: Work, Work, and Work.

I missed my renewal date, which was more than 2 months ago. What do I do now?

As a service to our licensee’s the board staff sends a preprinted renewal form to each licensee. This mailing is done approximately 6 to 8 weeks prior to any given expiration date. It is the licensee’s responsibility to make sure that we have a correct and current mailing address on file. If you do not receive your preprinted renewal form please do not hesitate to contact our office for a blank renewal form. As an additional service our office will send one Late Renewal Notice to each licensee that failed to meet their renewal deadline. Late renewal notices are sent only once, approximately one week after the expiration date.

If you cannot mail your renewals back to us by your expiration date each licensee has 60 days from the date of expiration in order to renew their license. If you mail your renewal to our office one day to 30 days after your expiration date a $37.50 late fee will apply, if you mail your renewal to our office from 31 to 60 days after your expiration date a $75.00 late fee will apply. The late fees are in addition to your renewal fees. After 61 days all licenses are non-renewable. Certified applicators that meet the qualifications may be re-examined, otherwise, they will be required to re-qualify. Technicians that allowed their licenses to expire will be required to begin again as an apprentice and receive all the required training, and then re-examining for a technician license.

I am a new apprentice. When can I take the exams for Technician license?

In order to qualify to sit for the technician exams you must first be registered by your employer as an apprentice and complete the required training. You are required to obtain 22 hours of verifiable classroom training in the general standards, 60 hours of verifiable on the job training, plus 10 hours of verifiable class training, in each category in which you are seeking licensure. Remember that during on the job training you must have continuous on site supervision by a licensed technician or certified applicator. Once the required training has been obtained, you may provide pest control services in the categories in which you have completed training. You must have personal contact with a certified applicator at least three days per week.

At this point you must attend a Board approved technician training course, and then sit for the technician exams. Apprentices must pass the exams within 12 months of your date of hire or re-register as an apprentice and obtain all of the training hours required again.

The new Texas Official Wood Destroying Insect Report became Effective September 1, 1998. Since that time the Board has received many questions and comments concerning references to conducive conditions. The following information, hopefully, should eliminate some of the confusion.

There may be instances where the inspector will recommend correction of the conducive conditions by either mechanical alteration or cultural changes. Mechanical alteration may be, in some instances, the most economical method to correct conducive conditions. When identification of mechanical alterations for conducive conditions is made, be sure to fill in this section on the WDI report to specify the conditions and alterations made.

A preventive WDI treatment is usually recommended based on the presence of conducive conditions. For the purpose of a WDI report, any recommendations for treatment based solely on conducive conditions should be limited to those areas of conducive conditions which are likely to promote hidden activity in or on the structure. When conducive conditions are identified the reason for treatment must be explained in the space provided as it relates to the conducive conditions. A preventive treatment recommendation is appropriate when conducive conditions cannot be corrected by mechanical alteration or cultural changes. Examples of mechanical or cultural changes may include removal of a stack of firewood next to the structure or repair to an automatic sprinkler system that produces an excessive moisture situation.

The conducive conditions may not be corrected but should be identified. There should be an explanation that outlines the conditions and a recommendation that states if the conditions are to be corrected or not.

In section 9B of the WDI report be sure to specify the reasons for treatment or correction of conditions. This space may also be used to explain that conditions will or will not be corrected. In most instances additional space will be needed for a complete explanation. If this is the case an attachment with full details may be added to the official report.

If you have any questions regarding the information provided please contact the SPCB office in Austin.

Attached are copies of the pages that needed to be replaced in the September 1997 SPCB Laws and Regulations (orange cover). It is suggested that you keep the pages that you are replacing for future reference and that a notation be made on such pages to prevent confusion.

Effective September 1, 1997 – Change in wording

Pages 9 & 10 replace pages 9 & 10

Effective September 1, 1997 – Change in Wording

Pages 23 & 24 replace pages 23 & 24

Effective January 1, 1998 - Addition of the definition of "Bait."

Page 41 replaces page 41

Section 595.5 Contracts

Effective September 1, 1998 - Wording change to include name ofBusiness on contracts

Page 73 replaces page 73

Effective September 1, 1998 - New regulation

Page 91-A & 91-B replace page 91

Section 599.4 Termite Treatment Disclosure Documents

Effective September 1, 1998 – Many changes and additions to theSubterranean and Drywood termite treatment disclosure Documents

Pages 102, 103, & 104 replace pages 102, 103, & 104

Effective September 1, 1998 - Change in wording only

Pages 105, 106, & 107 replace pages 105, 106, & 107

Effective September 1, 1998 - Change in form number only

Page 108 replaces page 108

Effective September 1, 1998 - Changed wording to Hot water Heater closet and added interior of bath trap access

Page 109 replaces page 109

Sample Form: Subterranean Termite Post-Construction Treatment Disclosure for Each Estimate

Effective September 1, 1998

Pages 114 & 115 replace pages 114 & 115

Sample Form: Drywood Termite Post-Construction Treatment Disclosure for Each Estimate

Effective September 1, 1998

Add pages 115-A and 115-B

Sample Form: Subterranean Termite Pre-Construction Disclosure for EachEstimate

Effective September 1, 1998

Pages 116 & 116-A replace page 116

Have you ever thought that our regulations needed revising and modernizing? Well we have too, therefore, we have recently undertaken the job of updating our regulations to make them more industry and consumer friendly.

At the present time Section 591 and 593 are being reviewed by the following Regulation Review Committee members: Jo Christy Brown, Gary Gillen, Jay Stone, Mike Dickens, Roger Borgelt, Benny Mathis, Susan Pitman, and Brad Turner.

If you have any comments or suggestions concerning possible updates to these sections in the regulations, please send them to us and we’ll be sure that the committee members see your comments.

Get creative, think up a name, send it to us, fax it to us, or Email it to us. Our staff will then pick a few of the best and then we will take a poll in our next newsletter (Spring 1999).

The submitter will get their name published in the first newsletter sporting the new name. Come on -- Give it your best shot! Deadline for suggestions is March 1, 1999.

Mail and Office Location: 1106 Clayton Lane, St 100 LW, Austin, Texas 78723-1066;

Telephone (512) 451-7200

Fax (512) 451-9400.

Internet: www.spcb.state.tx.us

E-mail: spcb@mail.capnet.state.tx.us