Apr 6, 2011 – Reselling Pesticides
QUESTION:
Can a pest control operator sell flea/tick products to their customers to apply directly on pets after they performed a flea or tick control service? Products like Advantage or Frontline?
ANSWER:
The answer to this is probably going to be "yes", but here is an example of an important question to bring up with your local regulatory agency. This could very well differ from state to state, and ensuring that you are complying with any state regulations on it in your state is very important. In California, for example, this has been asked of the state Dept. of Pesticide Regulation in the past, and the opinion here is that this constitutes sales that are "incidental" to the primary purpose of the pest control company, and it could be done without the need to acquire any pesticide Dealer license. Even companies that set up small retail displays in their offices were not selling the small containers of aerosols or RTU products as a major part of their business, so they were not considered dealers.
You can see a huge online industry right now where unlicensed and untrained people can purchase pretty much anything and everything for pest control, including those many products whose labels would seem to restrict that kind of sale. We have many products where the manufacturer has included wording on the Label that, to me, clearly indicates their desire for that product only to be sold to and used by licensed companies. However, a few years back the EPA was asked about this, and the jist of their opinion was that the EPA does not bother to regulate this kind of wording, and homeowners could happily make the purchases. I'm not sure if this is good or bad, but restrictive wording can be considered vague. There are products, though, where the wording is much more definitive, and any product whose Label states that it is a "Restricted Use Pesticide" definitely can NOT be sold to unlicensed or uncertified people. As a vendor of pesticides to the professional industries WE also choose not to sell to non-professionals, and leave that up to retail stores or others.
Now, here is a question that you probably should ask yourself, and that is about Liability. Do you, as the seller of a pesticide or any other pest control product, have any liability if the buyer screws up? In our out-of-control litigious society today the answer is "of course you do". If a homeower buys a glueboard from you to capture rats, and they stick that glueboard to their own face, they could sue you. Even with all the warnings and instructions on proper use, anytime someone feels harmed they are going to look around and see who should pay for their suffering and embarrassment. If you sell them flea control products and they fail to read the instructions, you do have liability. You might also check with your insurance carrier on this to see if they have any strong opinion.
Can a pest control operator sell flea/tick products to their customers to apply directly on pets after they performed a flea or tick control service? Products like Advantage or Frontline?
ANSWER:
The answer to this is probably going to be "yes", but here is an example of an important question to bring up with your local regulatory agency. This could very well differ from state to state, and ensuring that you are complying with any state regulations on it in your state is very important. In California, for example, this has been asked of the state Dept. of Pesticide Regulation in the past, and the opinion here is that this constitutes sales that are "incidental" to the primary purpose of the pest control company, and it could be done without the need to acquire any pesticide Dealer license. Even companies that set up small retail displays in their offices were not selling the small containers of aerosols or RTU products as a major part of their business, so they were not considered dealers.
You can see a huge online industry right now where unlicensed and untrained people can purchase pretty much anything and everything for pest control, including those many products whose labels would seem to restrict that kind of sale. We have many products where the manufacturer has included wording on the Label that, to me, clearly indicates their desire for that product only to be sold to and used by licensed companies. However, a few years back the EPA was asked about this, and the jist of their opinion was that the EPA does not bother to regulate this kind of wording, and homeowners could happily make the purchases. I'm not sure if this is good or bad, but restrictive wording can be considered vague. There are products, though, where the wording is much more definitive, and any product whose Label states that it is a "Restricted Use Pesticide" definitely can NOT be sold to unlicensed or uncertified people. As a vendor of pesticides to the professional industries WE also choose not to sell to non-professionals, and leave that up to retail stores or others.
Now, here is a question that you probably should ask yourself, and that is about Liability. Do you, as the seller of a pesticide or any other pest control product, have any liability if the buyer screws up? In our out-of-control litigious society today the answer is "of course you do". If a homeower buys a glueboard from you to capture rats, and they stick that glueboard to their own face, they could sue you. Even with all the warnings and instructions on proper use, anytime someone feels harmed they are going to look around and see who should pay for their suffering and embarrassment. If you sell them flea control products and they fail to read the instructions, you do have liability. You might also check with your insurance carrier on this to see if they have any strong opinion.
