Legal


Below find links to state (of California) and federal agencies and company documents highlighting the guidance and rules to be followed by fumigation companies.


Structural Pest Control Act

  • “Close off any open access to the subarea to prevent pets from entering.” [Page 120]

  • “1983(e) No rodenticide or avicide shall be used in such manner as to be readily accessible to children or pets.” [Page 127]

Fumigation FAQ

  • “All people, pets, and plants must be removed from the structure before fumigation.”


Structural Fumigation Manual for Vikane

  • WHAT TO REMOVE PRIOR TO FUMIGATION - Remove from the structure to be fumigated all persons, domestic animals, pets, and desirable growing plants. […] fumigator and property owner determine whose responsibility it will be to remove, trap or otherwise exclude these animals from the structure prior to the fumigation. […] inform occupants and owners of the following 1) to notify nearby neighbors of the date of fumigation; 2) to keep pets away during the fumigation; and 3) to close off any open access to the subarea to prevent pets from entering.

Fumigation planning guide (pdf)

  • Block areas where pets might hide in/under structures

  • Evacuate all people, pets and plants from the structure

  1. Exterior doors without locks: All exterior doors to the building being fumigated (including the water heater cabinet) must be secured against unauthorized entry. If no clasp or other locking device exists, the law may require nailing or other methods to secure these doors.


California Department of Pesticide Regulation Application Phase Module 1.4: Interior Walkthrough Structural

  • [Slide 27] Otherwise all people and non-target/domestic animals must be removed. […] do their due diligence (prior to fume day) to notify neighbors to keep their own neighborhood pets indoors while the fume crew is preparing the structure for fumigation. But the Branch1 licensee is still responsible for a final walk-through to inspect all reasonable access areas for hiding domestic animals (particularly cats).


Additional Measures Can Be Taken to Prevent Deaths and Serious Injuries From Residential Fumigations (pdf)

  • Before the pesticide may be released into a home, the certified operator performs a final walkthrough to ensure that all preparations for residential fumigation requirements are met as directed by the label. Requirements directed by the label include, but are not limited to, ensuring that no human or animal life is within the fumigation zone; doors, windows and all entrances are properly secured; air conditioning and heating units are off; secondary locks are in place; and proper warning signs are posted.


ALDF amicus brief on companion animals [June 5 2023] (Washington State Supreme Court)

  • Animals, particularly companion animals, hold a unique status in our society and in U.S. families. These animals are regarded as family members, and they cannot be replaced by simply adopting another animal.