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White Papers

The first collection of white papers discus various aspects of the Arizona structural pest control industry in detail. These white papers will enable you to understand the issues from several different perspectives.

The second collection of white papers discuss the issues of regulatory boards and commissions and their affects on consumers and business.

The third collection of white papers discuss the issues of lobbying and money in politics, and shows you how large corporate interests use many means to influence legislators.

  • United States of ALEC by Moyers and Company, September 28, 2012 and United States of ALEC - a Follow Up by Moyers and Company, June 21, 2013. This is a report on the most influential corporate-funded political force most of America has never heard of - ALEC, the American Legislative Exchange Council.
  • Elections for Sale by Moyers and Company, September 21, 2012. Nothing corrupts our political system more than the ability of the rich and influential to spend limitless amounts of money - often in secret - with the intention of creating preferred political outcomes.
  • Taming Capitalism Run Wild by Moyers and Company, June 7, 2013. Economist Richard Wolff joins Bill to shine light on the disaster left behind in capitalism's wake, and to discuss the fight for economic justice.

Office of Pest Management (OPM)

The Office of Pest Management has become the Pest Management Division of the Arizona Department of Agriculture.

Arizona Revised Statutes (ARS) Title 3 is the body of law that governs the Arizona Department of Agriculture with Chapter 20 governing the Pest Management Division.

Pest Management Division rules (March 3, 2015) are still listed under the old ARS Title 4, Chapter 29. Note that the laws mentioned are now under ARS Title 3, Chapter 20.

We have gathered all of the information about the OPM Task Force on a single page for your convenience. This includes meeting announcements, video of meetings, handouts, meeting minutes, petitions, survey results, our letters to the OPM Task Force, OPM Task Force member information and other useful items.

AzPPO (Arizona Pest Professional Organization). NPMA (National Pest Management Association).

OPM Advisory Committee meeting minutes

2009 OPM Advisory Committee meeting minutes:

2010 OPM Advisory Committee meeting minutes:

2011 OPM Advisory Committee meeting minutes:

2012 OPM Advisory Committee meeting minutes:

2013 OPM Advisory Committee meeting minutes:

The OPM web site also has a copy of the minutes here.

National Pesticide Applicator Core Manual

National Association of State Departments of Agriculture (NASDA) has published the National Pesticide Applicator Certification CORE Manual. The NASDA Research Foundation has published agriculturally-oriented research, education and training information here.

Arizona law

The Arizona Legislature.

The Arizona Revised Statutes by Title.

From Idea To Bill To Law - the Legislative Process in Arizona (PDF).

The Arizona Rulemaking Manual (PDF)
Cover: Cover
Introduction: Introduction (updated 11/02)
Section 1: Rulemaking in General (updated 11/02) (see page 7 for rulemaking chart)
Section 2: Definitions, Rule Drafting, and Publishing Style (updated 9/03)
Section 3: Frequently Asked Questions; Renumbering; Supplementals (updated 11/02)
Section 4: Rulemaking Forms (updated 7/02)      (Forms in RTF format)
Section 5: Checklists (updated 7/02)
Section 6: Administrative Procedure Act (updated 2/04)
Section 7: Rules of the Office of the Secretary of State (updated 2/04)
Section 8: Rules of G.R.R.C. (updated 2/04)
Section 9: Bibliography

The Arizona Open Meeting Law (PDF), your guide to meeting law for the state of Arizona. Pay special attention to Chapter 7 - Open Meetings.

The Administrative Procedure Act (updated 2/04) (PDF).

The Lobbyist Handbook (PDF), your guide to lobby law for the state of Arizona.

The Auditor General's web site.

The Utah pest control model

Utah - a model for the Arizona pest control industry? Start with the Utah Department of Agriculture and Food (UDAF) State and Federal Pesticide Programs. Then take a look at the Utah Pesticide Control Act (Utah Code Annotated: Title 4, Chapter 14). Then look at the associated rules (R68-7) (PDF). Then look at the compliance procedures (R68-19). This is the referenced law 63J-1-504 that controls how fees are set. Then we have 63G-3 - the Utah Administrative Rulemaking Act.

Historic Bills

Senate Bill 1290 (Office of Pest Management) was passed and signed into law on April 17, 2013. The new law made the move to Department of Agriculture permanent, changed the QP 3000 hour experience requirement to an arbitrary 24 month waiting period, gutted the yard worker exemption, forced school districts to have QPs and much more. Read why this bill was bad for consumers and small independent businesses: pest control industry sample letter and landscaper sample letter.

Senate Bill 1194 (Structural Pest Management; Regulation) was passed and signed into law on April 6, 2011. The law temporarily moved structural pest control under the Department of Agriculture where it belongs and created the OPM Task Force to review regulations.

House Bill 2449 (Pest Management; Department of Agriculture) - the failed to pass the Senate in 2010.

House Bill 2822 (Pest Control; Department of Agriculture) was passed and signed into law on July 7, 2008. The law created OPM under the Department of Administration and killed off the SPCC.

Historic Auditor General's reports

Auditor General's Office of Pest Management - Restructuring Report number 10-01, January 2010 (PDF)

Auditor General's Arizona Structural Pest Control Commission Report number 07-05, August 2007 (PDF)

Historic articles

Arizona Gardeners and Landscapers File Economic Liberty Lawsuit Against Structural Pest Control Commission: Agency Helps Big Business Weed Out Competition, Institute for Justice, September 28, 2005.

Pest Control Agency May Be Disbanded, KTAR (AP), October 31, 2007

SPCC Sunset Review Summary

You can watch the video of the SPCC Sunset Review public hearing of the Senate Commerce and Economic Development Committee and House Commerce Committee - Committee of Reference, October 30, 2007. Ignore the 'page cannot be found' error in the right-hand side of window - the video is correctly displayed in the left side of the window.

The Sunset Review Committee voted 5 to 3 on October 30th, 2007 to recommend to the Arizona Legislature to abolish the Arizona SPCC and to transfer its duties to another state agency. The Committee received 30 letters from industry to abolish the SPCC, 15 letters on the fence and 4 letters from outside of industry to abolish the SPCC. Further, 3 industry people and 2 non-industry people gave testimony before the Committee as to why the SPCC should be abolished. Arizona is the only remaining state with an independent pest control agency.

During the hearing, the Auditor General was grilled and had to admit the inability of the SPCC to administer an effective database, perform inspections and the level of general incompetence of the SPCC beyond what was hinted at in the Auditor General's Arizona Structural Pest Control Commission Report number 07-05, August 2007 (PDF). In the end, the Auditor General could not recommend the SPCC be continued for another 10 years.

Jack Root - the Interim Director - was forced to represent the SPCC in spite of his attempt to do otherwise. He was unable to justify the recent firing of the Executive Director and the subsequent resignation of 3 Board members. He was unable to explain away the long-term problems of the SPCC or provide any concrete plan for fixing the systemic problems.

The Committee documented that the SPCC had maliciously circumvented the law by creating rules to regulate government applicators after being told not to by law - SB-1388. The Committee caught the SPCC red handed.

A trade association that claimed to represent this industry spoke ineffectively. Even their clandestine meetings did not help them. In spite of the harm they knew the SPCC was causing the public and small business they recommended to keep the SPCC. Even advice from the Virginia outsider NPMA proved impotent against the truth.

One industry person who spoke against the SPCC was able to document Jack Root had lied about the SPCC not destroying businesses due to paperwork. Two non-industry people addressed the issues of abuse of power and exemptions for unrestricted use pesticides.

After the vote was taken, there was silence except for the clapping of about 5 individuals. Those who wanted the SPCC to continue quickly left the room with their tail between their legs. Oink. Oink.

A big thank you to all of you who participated in the grass roots letter writing campaign and who provided testimony against the SPCC. The next letter writing campaign will start shortly after the beginning of the year and will affect your business for years to come.

Structural Pest Control Commission (SPCC) meeting minutes

2002 SPCC meeting minutes:

2003 SPCC meeting minutes:

2004 SPCC meeting minutes:

2005 SPCC meeting minutes:

2006 SPCC meeting minutes:

2007 SPCC meeting minutes:

2008 SPCC meeting minutes:

The OPM web site also has a copy of the minutes here.


 
 
Copyright © 2017 by Phyllis M. Farenga.  All rights reserved.
Updated June 2017

It's Our Turn
P.O. Box 565
Marana, Arizona 85653

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