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Daniel from Ma writes

Can I apply Phantom even though the label says use "only by individuals/firms licensed or registered by the state"?

Hi, your label says For sale to, use and storage only by individuals/firms licensed or registered by the state to apply termiticide and/or general pest control products. But from what i see, my state (MA) only requires a valid license (one of many types) or certification if the person is apply pesticides in public and private places used for human occupation and habitation - with the exception of residential properties with three or less dwelling units. -http://www.mass.gov/eea/docs/agr/pesticides/licensing/docs/bulletin/examination-bulletin-complete.pdf Would this mean that as tenant in a 3 dwelling building i could use (restricted us) Phantom here?

Answer:

Phantom II Aerosol Spray is not listed as a restricted product to MA and the wording on the label is not law or enforceable.  Some product labels do say for licensed pest professional use only but that is just the manufacturers wording and it is not law. The manufacturer would like to limit the purchase of the product to Pro's only because of course they will make more money on the products if they can only be sold to a select few. Each individual state gets to decide if a product can be used in the state and if so if they will restrict its use to professionals. On our website you will see several products that say "cannot be sold to NY, CT" or other states and those are states that have restricted the use of the product by individuals. Other states do allow you to sue the product, but only on your own property. You cannot use the products to treat other peoples property for profit unless you are licensed. Some states do have certain restrictions for what they allow homeowners to do though and you would need to check with your local restrictions as well as what is in your lease in terms of pest control you are responsible for or able to do being that you are not the owner.

Answer last updated on: 05/16/2016

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