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FOR IMMEDIATE RELEASE January 10, 2001 Contact: Deborah Abbott, ODA Communications, 614-752-9817
Ohio Department of Agriculture Revokes Buckeye Terminix Co., Inc.’s Business License
Reynoldsburg -- Ohio Agriculture Director Fred L. Dailey revoked the pesticide applicator business license for Buckeye Terminix Co., Inc.’s 2121 Riverside Drive location in Columbus for violations of Ohio’s pesticide laws. This action stemmed from a consumer complaint that was investigated by the department’s Pesticide Regulation Section. Dailey took the action Jan. 5.
“Between May 1, 1998, and May 31, 1999, Buckeye Terminix billed six different building contractors for termite treatments to 393 homes while using only enough termiticide to treat 145 homes,” said Dailey. “The result of these inadequate treatments leaves nearly 250 unsuspecting home owners vulnerable to termite infestations and the potential damage that termites can cause. This was one of the key factors in my decision to revoke Buckeye Terminix’s license.” The six building contractors are Sovereign, Homewood, Maronda Homes, the Foxboro Group, Centex Homes, and Deluxe Homes.
Other evidence supporting the license revocation included surveillance of Buckeye Terminix employees and laboratory tests of soils from treatment sites. For example, on May 28, 1999, ODA agents witnessed a Buckeye Terminix employee conduct a preconstruction treatment on a new residence. He was observed applying termiticide around the perimeter of the home for approximately six minutes. The maximum amount of pesticide he could have properly applied in that time is 12 gallons. However, Buckeye Terminix records indicate the employee was there for an hour and used 130 gallons of pesticide.
The Ohio Department of Agriculture sent a letter outlining six violations of Ohio’s pesticide laws to Buckeye Terminix on Feb. 22, 2000. The violations included failure to apply a pesticide in accordance with the label; falsely representing the method of application; applying ineffective materials; maintaining false or fraudulent records; making misleading statements in the use of a pesticide; and negligence in its business operation and in the management and supervision of employees. Buckeye Terminix requested a hearing on the proposed action, which began on June 21 and concluded on Aug. 11. The hearing officer issued his report and recommendations on Dec. 7, and Dailey signed the order revoking the business license on Jan 5.
Buckeye Terminix has filed a notice of administrative appeal with ODA and the Franklin County Court of Common Pleas and has filed a motion with the court requesting a stay of the director’s order. Judge Mike Watson will decide whether to stay the order pending the appeals process. A stay would allow the company to operate during the appeals process. ODA enforces all pesticide laws in Ohio. Its Pesticide Regulation Section licenses pesticide dealers and applicators and offers training and testing sessions throughout the year, helping assure the safe use of pesticides and limiting risk of misuse or mishandling. Inspectors also investigate complaints of product misuse, improper storage, and improper disposal.
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