Pesticide Preemption: Another Tool for Industry to Protect Itself

Fortunately, entomology and politics don’t collide often, but when they do it is my duty to inform my followers of the potential impacts. While attending the Landscaping With Colorado Native Plants Conference in Denver last Saturday, I learned of something that sounded vaguely familiar, but never knew the name for it. It is called preemptive legislation, and it is a political tactic designed to thwart everything from local bans on plastic bags to, it turns out, local regulation of pesticide applications. It is likely that this will be coming to your state, too, if it is not already enacted. This is, in my opinion, part of a larger agenda.

© USDA Forest Service Region 8, Bugwood.org

A little background is in order. The licensing and labeling of pesticides in use in the U.S.A. is the domain of the Environmental Protection Agency (EPA) as prescribed by the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) passed in 1910. In 1972, Congress turned it into a full-blown regulatory statute, while leaving at least some enforcement powers at the state level. Enter Wisconsin Public Intervenor, et al. v. Mortier, et al. in the Wisconsin Supreme Court in 1991. Mortier had applied to their local municipality for permission to spray on private land. Permission was denied, the court case ensued, and judgment concluded that FIFRA does not expressly prohibit local government from instituting its own, complementary regulatory policy concerning pesticide use.

Since that decision, most states have elected to enact preemptive legislation to deny local jurisdictions the ability to draw up their own policies. Right now, forty-four (44) states have such rules, including my current state of residence, Colorado. Not surprisingly, the National Pest Management Association, and other industry organizations, are just fine with this. One of our state senators is looking to change that.

What is wrong with states having sole discretionary authority in pesticide choices and applications? Perhaps nothing, but increasing concerns over environmental toxins, and frustrations over lack of local control in general, are driving a movement to repeal or at least amend such powers of state authority. The public is finding agricultural and landscaping practices to be contributing to perceived declines in pollinator diversity and abundance, and compromising biodiversity in general.

© Eugene E. Nelson, Bugwood.org

Oddly, scientific skepticism and believers in science arrive at roughly the same conclusion on this issue: we no longer have trust in the idea that chemicals, or any product or service, are the sole avenues for solving every problem we create. Chemical applications are easy, no question, and this goes for fertilizers, too. These “cosmetic applications” are necessary to sustain lawns, and exotic trees, shrubs, and flowers that do not naturally occur in every climate, nor prosper in every kind of soil. Here in the arid west, they also require too much water.

Beyond the inertia of industries that are thriving under the status quo of their methodology, reaping profits all along the way, there are property values and liability to consider, at least in cities and suburbs. Shifting to new standards of appropriate “wildness,” with at least a minimum threshold for native plants in landscaping and a reduced lawnscape, will be challenging. Our assessment of acceptable risk will have to change in accordance with our desire to relieve pressure on native ecosystems from inappropriate developments.

© Eugene E. Nelson, Bugwood.org

Right now, Colorado Springs is in the process of soliciting public input to revise its chapter seven codes, which means updating its zoning ordinances. This includes landscaping standards. I would strongly advise participating in any similar engagement opportunity in your own municipality, as this is where you can make the strongest impact rather than reacting to individual developments as they present themselves. In another week the urban forestry plan will be unveiled at yet another public meeting, and inviting comment from attendees. It helps that I am in the loop a bit, to learn of these events and initiatives. Honestly, I am not certain how I got so fortunate, though I habitually put my e-mail address on anything related to local government.

You most certainly bring a unique perspective to your HOA, city, township, county, or other governing body. Raise your voice. Pester the nursery to start stocking native plants. Be an example to your neighbors. Conservation quite literally begins at home.

Sources:
Cornell Law School, Legal Information Institute.
National Pest Management Association
Centner, T.J. & Heric, D.C. 2019 "Anti-community state pesticide preemption laws prevent local governments from protecting people from harm," International Journal of Agricultural Sustainability, 1-9. doi: 10.1080/14735903.2019.1568814

Don't Try This (Pest Control Method) At Home

The news is replete with stories of people who have accidentally destroyed their homes, workplaces, and other structures in an attempt to kill a spider or insect. These are the sensational and drastic results of misguided intent, but there are many other negative consequences possible from do-it-yourself pest control. Do not be a sucker, a law-breaker, or the next headline.

A Word About Spiders

At this time of year, spiders venturing indoors is a top complaint of many homeowners. Please understand that if you notice a spider in your home or office it is an indication of....absolutely nothing. It is not out to get you. It is not a sign of an "infestation." It is not a sign that there are more to come. Male spiders of all kinds are on the prowl for females, and even those species that normally spin webs abandon them to look for mates, mostly in autumn. There are also plenty of spiders that never spin webs, like wolf spiders, jumping spiders, and longlegged sac spiders. Both males and females traverse large areas in search of prey. Occasionally, they will find their way indoors. Simply coax one of these spiders into a container and escort it outside to a log, stone wall, brush pile, or other place it can easily find cover. Thank you.

Foggers

Foggers are also known as "bug bombs," and can live up to that name if you fail to follow the deployment instructions to the letter. Forgetting to extinguish a pilot light on the water heater or furnace before detonating a fogger can result in burning your home to the ground, or blowing it to bricks and splinters. Moreover, as with any general insecticide, you are killing beneficial insects, and spiders and other arachnids, along with whatever pest you were targeting. Yes, those cobweb weavers in the corner are already controlling pests like carpet beetles and fungus gnats, and other household nuisances.

Read the Instructions!

Use a DIY product if you must, but be aware that improper application of that product is a violation of federal law. That is correct: You are subject to prosecution for misusing pest control products and devices. Yes, we do have to make a federal case out of it because the consequences of your ignorance can be far-reaching. This is especially true of lawn and garden chemical treatments. There is a reason that commercial landscape services are required to post those flags and signs after they poison, err, "treat" your lawn.

One of the most common mistakes with over-the-counter products is the assumption that using a greater quantity than prescribed in the label instructions will be more effective. The "more is better" philosophy can compromise the health of yourself, your family members, guests, and pets. Furthermore, some people may be hypersensitive to chemicals in the product, even if they are "inert" ingredients and not active compounds.

Don't Fall for "Harmless" Alternative Products

Say you do have the best interest of the environment at heart. You want the most benign, but still effective, "green" alternative. Good for you, but tune your scam senses to high alert, then. Among the most popular and well-advertised devices are those ultrasonic repellent thingies. They have been scientifically proven time and time again to be essentially worthless. Do not fall for it.

Consult the Proper Authorities

"Bug Eric" is not an expert on pest control. When in doubt, ask unbiased professionals about pest control products and strategies. Look for resources and agencies that do not have an agenda and are unaffiliated with either industry or non-profit organizations. The Environmental Protection Agency has a web page on the Do's and Don'ts of Pest Control that is a good place to start. Use your local branch of the Cooperative Extension Service for recommendations specific to your geographic location. The National Pesticide Information Center, headquartered at Oregon State University, is a wealth of factual information and additional resources. Subscribe to Consumer Reports magazine, a product of an independent product-testing institution that enjoys a stellar reputation in matters of consumer awareness and public safety.

Did I Mention Prevention?

It bears repeating that taking measures to prevent pests from gaining a foothold indoors or on your property, is the best solution. I will continue to post on this subject, but you can do your own research, too. Remember your neighborhood librarian is your best friend, and your library a wealth of information now networked with other public libraries, university libraries, and other resources around the world. Maybe you will begin with books like Tiny Game Hunting or The Humane Gardener.

Be In It For The Long Haul

Above all, understand that pest control never ends. There is no permanent solution. As the authors of Tiny Game Hunting write, "Thinking we can get rid of our pests permanently in one fell swoop is like taking a shower and believing we will be clean for the rest of our lives." Patience, persistence, and vigilance is necessary to keep the upper hand. Altering your mindset, your level of tolerance, and understanding of your insect and arachnid "enemies" is also key. We may need an attitude adjustment before we do anything else.

No Exterminator Necessary

Modified from © Pests.org

If this blog is successful at achieving only one thing, let it be a widespread understanding that you almost never need a pest control service. Here is your one stop post for how to tell if you need a service, and what you can do instead.

Just Passing Through

Every household, business, and workplace will have the occasional insect or spider visiting. Arthropods are masters at finding their way through the tiniest crack, crevice, hole, or other access point, which they hope will lead them to greener pastures, not indoors. They are not out to get you and they are not a sign that you are in for more creatures like them. It is usually a one-time event. Do not panic and dial up an exterminator.

One recent scientific study found that the average home is occupied, at one point in time or another, by somewhere between 30 and 200 species of insects, arachnids, and related arthropods. Still no reason for fear. In fact, the greater the biodiversity the better. It is a sign that your home is not sterile, but running on all natural cylinders. Most insects are so small you do not even notice them anyway.

The Pest Control "Racket"

While most pest control enterprises are ethical and fair, here are some points to consider:

• The technicians that visit your location are usually not entomologists trained to properly identify pests. They are schooled almost exclusively in proper application of insecticides to insure compliance with state and federal regulations.
• It is in the best interest of a pest control company to identify as a pest any insect that concerns you, regardless of whether it is a pest.
• Most pest control companies require a contract that guarantees repeated visits to your premises. Think about that. We expect plumbers and electricians to do the job right the first time.
• When was the last time a "product" or "service" solved anything? In the case of pest species the answer is almost never. The best solution is prevention and attitude adjustment.

You DO Need a Service When....

There are some situations in which you do need professional help. Those are:

• Bed Bugs are challenging for professionals, let alone do-it-yourselfers, and you will need to find a reputable company to deal with them.
• Structural pests like termites and carpenter ants. Make sure, however, that you are not mistaking an outdoor swarm event for an indoor infestation. A termite inspection is usually a requirement for home sale and purchase. Find an unbiased agent to conduct that inspection. Request an inspection if you suspect a termite or carpenter ant infestation before employing a pest control company.
• Social bee or wasp nest in a troublesome location. Always employ a bee removal service if you find a nest in a location that impedes your day-to-day life. Otherwise, note the location of the nest so you can simply avoid it. In most regions of North America, nests of yellowjackets, paper wasps, and the European Hornet are not perpetual, nor re-used the following year. Feral honey bee hives are perennial.
• Cockroach infestations that have reached extreme population levels. It is important to note that cockroaches have only been implicated in transmission of bacteria, never proven. Prolonged exposure to dense populations of cockroaches, their shed exoskeletons and feces may trigger allergies and asthma in some people, especially children in multi-family dwellings. Insist on a pest control service that uses baits rather than sprays for a longer-lasting, near permanent effect instead of repeated visits to spray insecticides.

The Cure is Prevention

Here are some ways to reduce the potential for pest problems in your home:

• Repair worn weatherstripping on doors and repair holes in window screens (or replace them).
• Seal all cracks and crevices, including around places where pipes and electrical conduits enter or leave the home. Pack steel wool into such situations, use caulking elsewhere.
• Inspect all objects coming indoors from outside, especially plants, firewood, toys, gardening tools....Inspect new plants before you leave the nursery or store.
• Do not reach your extremities into locations you cannot see into. Be careful moving items out of long-term storage to avoid spider bites, disturbing a wasp or bee nest, etc.
• Do not leave clothing, gloves, or footwear outdoors overnight, nor in the garage or shed. It never hurts to shake out shoes and clothes anyway.
• Reduce outdoor lighting or employ motion-sensors or bulbs that are less attractive to nocturnal insects. This will also discourage spiders from stringing their webs across your front and back doors.
• Never stack firewood against the side of your home, as this will help termites and carpenter ants to become established. Reconsider wood mulch as groundcover.
• Learn tips for how to avoid bed bugs in your travels and thrift store shopping. Entomologists estimate that soon one out of every four homes will have bed bugs.

Treatment for You!

Nobody wants to hear the suggestion that maybe they are the source of a problem, but sometimes that can be the case. Please seek professional help if you have phobias of insects (entomophobia), spiders (arachnophobia), or related creatures. It will save you a great deal of money and emotional turmoil to go that route. Otherwise, visit an entomologist for a gentle "attitude adjustment." We can cite example after example of the beneficial qualities of insects and the potentially disastrous effects of continued addiction to chemical pest treatments.

Please feel free to share this post widely. I also welcome comments, even dissenting opinions, as long as they are worded in polite language. Everyone deserves to make a living, and we will always need pest control services for situations where every other alternative has been exhausted.

Why I Don't Give Pest Control Advice

Casual visitors to my blog often seek pest control advice in the comments of posts about insects or spiders they themselves have encountered. There are several reasons why I do not discuss pest control, and it is probably high time I outlined them here.

Liability

Commercial insecticide manufacturers and pest control companies ("exterminators") have entire teams of lawyers to prevent, fight, and settle litigation filed against them when customers misuse or fail to fully understand their products or services. Indeed, the public regularly misapplies over-the-counter products resulting in poisoning of family members or pets or, in the case of foggers ("bug bombs"), fail to extinguish a pilot light and set fire to their property or blow their house up. Besides the injuries and/or damage, misapplication of insecticides is a federal offense.

Meanwhile, there are also the pest control equivalents of snake oil salesmen who promise "organic" controls that are ineffective at best, or outright fraudulent at worst. Products such as ultrasonic repellent devices are known by entomologists to be useless; and "bug zappers" kill far more beneficial insects with next to no impact on mosquitoes.

As a writer who is essentially a sole proprietor volunteering factual information, there is no way I can possibly absorb the financial impact of a lawsuit should someone misinterpret pest control advice or product endorsement.

My mission is Teaching Tolerance of Arthropods

Those who follow this blog know and understand that the entire purpose of the content here is to educate the public and foster an appreciation and tolerance of insects, spiders, and other arthropods. Focusing only on the negative impacts some species sometimes have on humanity would not accomplish that goal. There is enough misinformation and media sensationalism already. It is a tide I can barely swim against. Some people I will never "convert" or even reach, but I like the idea that I can provide ammunition for others to argue the overwhelming benefits of arthropod diversity and healthy ecosystems, be they natural, agricultural, or urban or suburban.

"I got you a gig at Al's Produce and a world tour with Union Carbide"

I Do Preach Prevention

Those rare posts I devote to household and garden pests usually include tips for preventing pest issues. Pests are largely our own creation. We provide them with their favorite foods. We give them shelter. We collectively import them accidentally or intentionally from other parts of the world in commerce, including nursery stock (plants). We apply pesticides to which they develop resistance. We compromise native habitats and ecosystems through use of non-native plants in landscaping, overuse of herbicides that destroy food plants for beneficial insects, and insist on large areas of sterile lawns.

It is only by altering our own mindset, or at least our behaviors, that we can coexist with other organisms, and discourage visits by species that can cause us harm. Prevention is the act of executing those proactive, low-cost or no-cost strategies, in contrast to being reactive, at a high financial and emotional cost, when a population of insects or arachnids gets out of control.

There Are Other Sources for Pest Control Information

The smart consumer looks to unbiased sources of information for pest control, as they do when purchasing any product or service. Online, you should be consulting ".edu" websites that originate at colleges and universities. They have no stake in the stock of a company, and because they are educational institutions, they are mandated to provide information to the public. The Cooperative Extension Service has long been a leader in urban and agricultural pest management, but has fallen on hard times with funding cutbacks from the government. Still, pursue that option. There is usually an extension agent office located in whatever town serves as your county seat.

Remember the public health department is a valuable resource for control of insects that affect public health, such as mosquitoes, other biting insects, filth flies, and cockroaches. Contact them, and take them a specimen of the organism that is problematic for you.

Pest control technicians are the last people you should trust for making an accurate identification of a troublesome insect. I cut them a little slack because their first, and often only, priority is to comply with state and federal regulations in chemical pesticide application. Few technicians are properly schooled in entomology, and that is a disservice to the consumer.

#$%!* termites!

Social media outlets vary widely (and wildly) in terms of legitimate, educated advice and identification of insects and spiders. Some Facebook groups are better moderated than others.

Use the "Forum" Tab on This Page

You are certainly welcome to click on the "forum" tab at the top of this page and ask questions and upload images of your mystery "bugs." I'll do the best I can to identify your creature, and direct you to additional informative resources. Thank you.

"Product" is NOT the Answer to Every "Problem"

While I prefer to continue winning people over with compelling, fascinating stories of insect life and diversity, I would be remiss if I did not periodically issue posts aimed directly at changing human behavior in ways that will benefit them personally and other organisms as well. Thank you for indulging me in this exercise today.

Through my volunteer efforts and associations with AllExperts.com, Facebook groups, and even this blog, I am frequently asked questions that begin with "How do I get rid of...?" The automatic assumption is that an insect or spider in the house, workplace, yard, or garden must have an inherently bad disposition, or negative effect on people, pets, or property. This is the mindset that needs changing.

Let me give these individuals some credit for asking at least. The people who never ask at all, who literally spray first and ask questions later, are the ones we should really worry about. First of all, they will never know what kind of creature they are dealing with, and whether the product they are using will even have the desired outcome. Secondly, they inevitably do not follow the application instructions and risk poisoning themselves, another member of the family, a pet, and/or unintended targets in the form of beneficial invertebrates; they could even blow their house to splinters and bricks. They don't call them bug bombs for nothing. Never mind that failure to adhere to application instructions is a violation of federal and/or state law.

The real crime, however, is that we are incessantly conditioned that "product" is the answer to every problem (even when there is NO problem), and we are paying for it in so many ways, not the least of which are the side effects of chemical dependency in the agricultural and gardening sense.

Here is what no one is going to tell you. The nursery and landscaping industries have sold us on the idea that we can plant whatever trees, shrubs, and flowers we like, wherever we live, with no negative consequences. This is proven to be not only false, but an enormous ecological catastrophe when you understand the effects of exotic botanicals run amok (invasive species), and the chemical dependency required to prop them up in inappropriate soils, climatic zones, and exposure to local animal life. Further, imported plants invariably bring with them exotic insect and other invertebrate pests that themselves wreak havoc on native plants and ecosystems. So begins the "pesticide treadmill" first articulated by entomologist Dr. Robert van den Bosch in the 1970s.

Without fertilizers, herbicides, insecticides, and other treatments, most ornamental plants cannot survive outside their native lands. Native plants do not need this kind of intensive care, are vastly better at supporting beneficial insects, birds, and other wildlife we actually like to see, and their use in landscaping helps mend the holes in fragmented habitat that comes with suburban sprawl. Even in dense, urban areas, native vegetation can draw a shocking diversity of insect life normally relegated to what we would consider "wilderness."

We also greatly underestimate the ability of native plants to withstand nearly complete defoliation and bounce back just fine the next year. This is especially true of trees. A defoliated tree or shrub is not by definition "dead." The resiliency of flora in the face of natural agents of destruction is amazing. Meanwhile, the chemicals we dump on plants to "help" them? Not so good.

I cannot take credit for articulating all of this. Professor Doug Tallamy, in his landmark book Bringing Nature Home, outlines this dilemma eloquently. He also has the scientific studies and statistics to back up his claims. Besides the book, he also speaks to this idea wherever and whenever he is asked. Please check out this Youtube video for an example.

Making responsible choices in the marketplace and adjusting the attitudes within one's own mind are the keys to turning the planet's health around.

The same applies indoors. We panic and reach for the can of insecticide before we ask whether this one individual "bug" represents an actual pest problem or is merely an incidental, accidental visitor. We fail to repair the worn weatherstripping around doors, mend the holes in the windowscreen, inspect incoming objects from outdoors, and otherwise take simple preventative measures to exclude insects and arachnids in the first place.

If there is ever one post on this blog that I would ask you to share, it is this one. Please help spread the word that people can save money, time, and anxiety by simply being more curious, tolerant, willing to learn, and having faith in the way nature works without intervention. I will end with the remark that I have seen minds change, so I know it is possible. Stay tuned for those stories.