The pest control business continues to grow more lucrative by the year, with new opportunities, innovations, and potential services cropping with remarkable frequency.
While this was and still is a great business to be in, it can also be a bit legally demanding, more so than most other small businesses. This, of course, is kind of obvious, considering the kind of tools and chemicals you’ll be working with, and their impact on the broader environment.
In this article, we uncover 5 legal considerations while starting a pest control business, alongside various tips, tricks, and best practices to navigate them seamlessly.
1. Business Licensing & Permits
This is something fairly common for businesses across all industries, whether it's a factory or a hot dog cart. Aside from the general licensing that might be required by your state and local councils for all businesses, there are a handful of regulatory requirements specific to pest control businesses.
If you’re doing anything that involves the use of pesticide application, you will have to contend with laws pertaining to the Department of Agriculture and the Environmental Protection Agency (EPA).
A few states might also require you to pass an exam demonstrating your knowledge of safe pesticide use, environmental impact, and pest biology. Some even require proof of continuous education for both you as well as your technicians and associates.
Here is a more comprehensive guide on the steps to be a pest controller, covering everything you’ll need to get a start in this business.
Key Steps:
- Research your state’s requirements for a pest control operator’s license.
- Obtain a business license and specific pest control permits.
- Stay up to date with ongoing training or education mandates.
2. Environmental Compliance & Pesticide Regulation
Since pest control involves handling toxic substances, you’ll need to comply with strict environmental laws.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) governs the sale and use of pesticides in the United States. This act mandates that pesticides must be registered with the EPA, and your business must only use approved substances in compliance with the law.
In addition to federal regulations, many states have their own laws that may be even stricter than federal standards. For example, California has some of the toughest pesticide regulations in the U.S. Make sure your business is familiar with these laws to avoid hefty fines or the risk of being shut down.
Key Steps:
- Ensure all chemicals used are EPA-approved and compliant with FIFRA.
- Follow state-specific pesticide regulations.
- Keep detailed records of pesticide usage for future inspections.
3. Liability Insurance
Running a pest control business means you’ll be working in people’s homes and handling chemicals that could potentially cause harm.
Liability insurance is an absolute must for protecting your business from lawsuits and claims related to property damage, health issues, or other accidents that could occur on the job.
There are different types of insurance to consider:
- General Liability Insurance: Covers accidents, injuries, or damages you might cause while performing your work.
- Professional Liability Insurance: Protects against claims of negligence or improper use of pesticides.
- Workers’ Compensation: If you have employees, this is mandatory in most states to cover medical costs or lost wages if they are injured on the job.
Investing in comprehensive insurance might feel like an additional expense, but in the long run, it’s the safety net your business needs.
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4. Employee Training & Safety Compliance
If you plan to hire a team, you’ll need to ensure they’re properly trained in both pest control techniques and safety protocols.
The Occupational Safety and Health Administration (OSHA) sets standards to ensure safe working environments, and this includes training your employees on handling hazardous chemicals, personal protective equipment (PPE), and safe pesticide application methods.
Beyond OSHA, many states require pest control technicians to be certified applicators. Certification often involves passing exams to ensure the technician understands pesticide safety, application techniques, and relevant laws.
Key Steps:
- Provide OSHA-compliant training to all employees.
- Ensure technicians become certified pesticide applicators if required.
- Develop a comprehensive safety manual and procedures for your business.
5. Contracts & Consumer Protection Laws
When working directly with homeowners and businesses, having a solid contract in place is crucial for both your protection and your clients. A clear and detailed contract will outline the scope of work, cost, treatment plan, and any warranties or guarantees.
Many states also have consumer protection laws that govern the relationship between service providers and consumers.
For example, the Truth in Lending Act (TILA) requires certain disclosures if you offer financing options to customers. Additionally, pest control services are often bound by cancellation and refund policies, which need to be transparent in your agreements.
Another consideration is transparency in pesticide use. Many consumers are concerned about the environmental and health impacts of the chemicals used in pest control.
Disclosing the type of pesticides, application methods, and any potential risks in your contracts or service agreements can build trust and help prevent disputes down the line.
Key Steps:
- Draft a thorough contract template that includes service scope, costs, and warranties.
- Understand consumer protection laws that apply to your business.
- Be transparent about your use of chemicals and safety protocols in client agreements.
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Conclusion
Starting a pest control business is certainly a rewarding endeavour, but you will have to contend with a fair share of legal complexities first. Fortunately, most of these requirements are rather straightforward, and shouldn’t take more than a few weeks to get everything you require in order.
Make sure to put in the effort and avoid needless shortcuts that might one day come back to bite you in the form of lawsuits, penalties, and more severe consequences.
