Written by Canterbury Law Group

Landscaping and Pest Control Advice

All professional landscapers must heed the laws and regulations set forth by the state of Arizona. The state has a significant body of laws to protect the environment and consumer rights with regards to these activities. If you own a landscaping or an exterminator company, here are several things to be aware of:

Understand the Definition of Pest Control

The landscaping and pest control laws in Arizona have a precise definition for what amounts to a Pest Control Company. Pest management is defined under the law as the “management of health-related pests,” including services provided on land, in water or inside homes. Pest management does not include applying pesticides for agricultural purposes or at golf courses. It’s important to know this definition when you run a company. If your business is registered as a pest control company, and if you go to control pests at golf courses in Arizona, that would be illegal.

The Companies are Responsible

In Arizona, the company registered as a landscaping or pest control business is responsible for its practices. The employees the business hires to work on gardens and houses will not be liable if a legal case comes up. In some cases, licensing violations can apply to individuals, but only if certain criteria are met (such as how many gallons of pesticide one carries). These laws do not apply to regular homeowners who spray pesticides or herbicides on their lawns for their own personal use and benefit.

Know What Chemicals are Approved for Use

The state issues control on what chemicals can be used to control pests or weeds. For example, landscaping companies may use herbicides labeled as “restricted use” or “danger.” But appropriate licenses must be obtained to apply these substances. Plus, there will be other rules set by the Office of Pest Management (OPM) that companies must follow. Failing to follow rules and regulation will result in penalties or litigation.  Consultation with an experienced pest control law firm is essential when making these decisions on your company’s best practices.

Get Insured

Mitigate any risks to your businesses by getting insured. It’s inevitable that problems might come up when handling dangerous chemicals on other people’s property. So all landscaping and pest control businesses must have a good insurance coverage. Make sure the insurance provides coverage for the actual costs incurred. For example, there’s no point in buying a business insurance policy for $10,000 if it only covers about $100 in damages. Understand how the damages are paid. For example, know whether the policy provides cash value for damages or replacement costs. In addition, your company may need to get covered for employees, tort liability and similar issues.  Consult with an attorney to make sure your business is covered for all potential risks if and when bad things do actually happen.

Evaluate Chemical Use

Businesses should be careful regarding the types of chemicals that are being used to control pests or weeds. Even if your company is authorized to use it, the applicators must be careful not to use chemicals that might potentially cause issues like allergy reactions. Safety precautions, of course, should be carefully practiced. Use the least harmful chemical first before resorting to more harsh ones when controlling for pests and weed.  Your employees and agents must be trained early, and often, and you must ALWAYS have a paper trail evidencing that you conducted such training for the inevitable OPM audit and inquiry into your company’s operations.

Hire a local attorney to review your businesses license, insurance policy and best practices to make sure they are being conducted according to state law.  Call Canterbury Law Group today at 480-744-7711.

Written by Canterbury Law Group

SB 1121 Makes It’s Way Through the Legislature… But Hold On!

SB 1121 was introduced in the Arizona Senate and having passed it is now in the House of Representatives. But what does it intend to do? The bill heading to the House of Representatives is certified qualified applicators fingerprinting requirements. But when you read the  text of the SB 1121 Bill  it states:

AN INDIVIDUAL WHO APPLIES FOR CERTIFICATION AS A NEW QUALIFIED APPLICATOR SHALL SUBMIT TO THE DIVISION A FULL SET OF FINGERPRINTS AND

FEES AS REQUIRED BY SECTION 41-1750. THE DIRECTOR SHALL SUBMIT THE

FINGERPRINTS AND FEES TO THE DEPARTMENT OF PUBLIC SAFETY FOR THE PURPOSE OF OBTAINING A STATE AND FEDERAL CRIMINAL RECORDS CHECK PURSUANT TO SECTION 41-1750 AND PUBLIC LAW 92-544. THE DEPARTMENT OF PUBLIC SAFETY MAY EXCHANGE THIS FINGERPRINT DATA WITH THE FEDERAL BUREAU OF INVESTIGATION.

So to whom does this apply? The law draws a distinction between a certified applicator and a certified qualified applicator. Here are the relevant definitions:

    • “Certified applicator” means an individual who is licensed by the division to provide pest management services in accordance with this chapter.
    • “Certified qualified applicator” means a certified applicator who is eligible to act as a qualifying party.

But, the law does not define qualified applicator. It defines certified qualified applicator and certified applicator but now we are faced with a requirement for the qualified applicator. This writer believes the bills intends to apply to certified qualified applicators or those we used to call qualifying parties who first apply. However, it is not clear. The industry needs clarification. Confusion such as this can lead to different results. One result is that only Certified Qualified Applicators who apply must get fingerprinted. But another possible result is that all applicators who first apply must be fingerprinted. We want to clarify this so the industry can act in accordance with the law. This kind of confusion can lead to enforcement with little direction. Must you fingerprint all applicator candidates of only CQA’s?