License no longer needed to kill weeds

On Wednesday a legislative panel concluded that made no sense. So members of the Senate Committee on Commerce and Economic Development voted unanimously to say that business and apartment owners and their employees don't need a state license to kill weeds.

The legislation, SB 1221, stems from citations issued by the Structural Pest Control Board against two Pima County individuals who were using store-bought chemicals.

Board staffers concluded that state law requires licensing of people who spray herbicides on property where they do not live. But that requires 3,000 hours of experience.

One was Park who works as a landscaper for Sunflower Community Association in Marana. He was cited for using a backpack sprayer filled with Round-Up, a commercially available product, outside the wall of the community.

And Rissmiller, who owns a landscaping service in Tucson, had one of his employees cited for using a pre-emergent weed killer.

Sen. Barbara Leff, R-Paradise Valley, said the board was being "overzealous" in their enforcement of the law. She pointed out that nothing in state law requires homeowners to get state permission - much less state licenses - to buy and use these sprays.

But Leff acknowledged that lawmakers themselves may share in the blame. Until three years ago, no state license was required for people who acts as gardeners and, as an incidental part of their job, apply pesticides in tanks of no larger than five gallons. Another exemption applied to landscapers who used commercially available pesticides as a small part of their work.

This legislation carves out a specific exemption for outdoor weed control when the product being used is available to the general public. That includes products available at many home improvement and hardware stores, but not "restricted" items available only to those with state licenses.

The legislation, if approved, likely would end a lawsuit filed against the state on behalf of the two men. The Institute for Justice is asking a Maricopa County Superior Court judge to block enforcement of the law.

Not everyone was in favor of the change.

Gavin Gallifant, who run a pest-control business, said even over-the-counter products can be dangerous.

He pointed out that stores sell highly concentrated versions, expecting consumers to dilute them to proper strength. But Gallifant said someone could spill the concentrate and cause problems.

A related measure, SB 1388, drew no such opposition.

That legislation says employees of a company are not required to use commercially available bug sprays when necessary.

Yvonne Hunter, lobbyist for Arizona Public Service Co., said utility workers doing emergency repairs occasionally find infestations of wasps and other insects in transformers and other electrical equipment. She said requiring someone who is commercially licensed to come out can unnecessarily delay repairs.