TOPEKA – According to Kansas Pesticide Law, all persons applying pesticide for compensation must have a business license or be listed as an employee of a pesticide business license. The law also applies when businesses subcontract this type of work or arrange for receipt sharing with other companies – both must be licensed and have proof of financial responsibility.
However, the Kansas Department of Agriculture’s (KDA) pesticide and fertilizer program recently announced an increase in violations of this law, which could potentially stem from changes in business practices related to an unsure economy, said Gary Meyer, manager of the pesticide and fertilizer program, Topeka, Kan. In addition, general business restructuring has led companies to more frequently outsource services that are not primary sources of income. “On the other side, there were individuals with equipment not being used to its full extent,” Meyer remarked. “The two sought out each other to better utilize their combined resources.”
The law also prohibits pesticide business license holders from allowing unlicensed persons that are not salaried or commissioned employees to use contracts or statements of service. All customers must receive these statements of service, which should represent the business that is providing the service. Failing to complete this paperwork can lead to frustration on the part of the customer, Meyer claimed. “Records establish who is responsible for the application,” he said. “When the customer thinks there is a problem associated with a pesticide application, the record states who is responsible for the application. A customer may become confused about who is providing services if the answer is not immediately apparent on the record.”
| SUBCONTRACTING SNAFUS |
Pesticide business licensees who rely on subcontractors or booking agents to divvy out their workload should review their state laws on business agreements and the required paperwork. The following is an example situation based on Kansas state law: XXX Services is a pesticide business with only one commercial applicator. To take care of its customers during a severe outbreak of cutworms, XXX Services can either hire a temporary employee or subcontract the work. If the company hires an employee, it must be reported to the pesticide and fertilizer program immediately. In this example, however, YYY Spraying, a business licensee, agrees to act as subcontractor. The Kansas Pesticide Law requires that a statement of service be given to each customer for each application. The customer in this example is XXX Services, the contractor. YYY Spraying also must provide a copy of the statement of service, as well as an XXX Services invoice, to the final customer that had the cutworm problem. Another industry practice is to use booking agents. A business, such as a local farm center, may be the point of contact between a pesticide business licensee and its customers. When a booking agent is used, the statement of service and invoice should clearly show that the pesticide business licensee is the only part responsible for the application. If ZZZ Feed and Grain acts as a booking agent for XXX Services, customers would be able to call ZZZ Feed and Grain to arrange for XXX Services to control their cutworms. XXX Services would issue the invoice and statement of service, but the documents may mention that ZZZ Feed and Grain helped with arrangements. – Kansas Department of Agriculture |
This is particularly true if the company is subcontracting its services, since customers may not understand why a different company from the one they initially contacted is performing the services, Meyer added.
Based on the rise in violations, it is imperative that pesticide business licensees with subcontracting or booking agent arrangements should double-check the information exchange among all parties: the licensee, the subcontractor and the customer. The KDA is currently doing its part by conducing routine inspections and following up on complaint investigations, Meyer stated. “We look for persons who are listed as certified applicators or registered pest control technicians who are not listed as employees of the business,” he said. “We may ask if the business subcontracts any pest control services.”
To avoid future violations, pesticide applicators simply need to keep the customer – the person paying and arranging for the service – in mind when completing paperwork. “When a business is not sure who must receive records of application, a copy of the application record should be given to all parties – the contracting business, as well as to who owns or resides at the location where the application occurred,” he noted.
Although it is specifically unclear whether economic conditions or a general rise in subcontracting agreements caused the violations increase, the true issue at hand is keeping the customer satisfied with their pest control services, Meyer added. “When a person is upset about pesticide use, that person’s response to the situation may escalate quickly if he or she cannot obtain responsible answers to allay those concerns,” he said. “The person may then take those concerns elsewhere: a regulatory agency, the media or an environmental watch group.” – Kristin Mohn
The author is Assistant Editor – Internet of Lawn & Landscape magazine and can be reached at kmohn@lawnandlandscape.com.