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FOR IMMEDIATE RELEASE

September 7, 2010

CONTACT: Vince Leibowitz

512.705.7001

vince@hankgilbert.com

Go Ahead, Let The Bed Bugs Bite?

Gilbert Questions Why Staples, TDA Are Silent On Bed Bug Epidemic;

Criticizes Staples For Taking Money From Groups That Lobbied For

Weakening Pest Control Consumer Protections

TYLERHank Gilbert, the Texas Democratic Partys nominee for AgricultureCommissioner, questioned Wednesday why the Texas Department of Agriculture, thestate agency in charge of pesticide regulation, has been silent on the epidemic of bed bugssweeping the state from Odessa to Fort Worth to San Antonio.

Given the issues in other states with the misapplication of commercial pesticidesto combat the bed bug epidemic, it is astonishing that the Texas Department ofAgriculture isnt doing a thing to inform and educate consumers about the dangers ofpesticide misapplication or in how to find applicators licensed to treat bed bugs, Gilbertsaid.

The EPA recently issued a warning to consumers about using chemicals meantfor outdoor use inside to treat bedbugs, and warned consumers about unscrupulous pestcontrol companies trying to take advantage of people with bedbug problems. It is a shamethat Todd Staples is abdicating his responsibility to protect Texans to the federalgovernment when he is in charge of the agency that regulates pest control in Texas,Gilbert said.

Gilbert pointed out that bedbug infestations have been reported in San Antonio,Amarillo, Midland, Dallas, and Fort Worth. This is just what has made it into the

media, Gilbert said. Who knows how bad the problem is, or how many people aremisapplying pesticides or getting taken by unscrupulous exterminators because TDAhasnt bothered to educate the public, he continued. It is a disservice not only toconsumers but to all of the lawfully licensed pest control applicators out there. If TDAdoesnt tell consumers what to look for when hiring a pest control company,unscrupulous companies will take advantage of consumers and take business away fromthe legitimate operators, Gilbert continued.

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Since 2007, the Texas Department of Agriculture has controlled not onlyagricultural pesticide application but structural pest control application following theclosure of the Structural Pest Control Board and the merging of its duties andresponsibilities with TDA. Since September 1, 2009, TDA has also had authority overhealth-related pest control.

Most Texans have no idea that the Department of Agriculture is the regulatoryagency that supervises the licensed exterminators in their area, Gilbert said. And, howwould they? TDA has done a poor job letting consumers know that they regulate this, hesaid.

Gilbert also criticized Staples for failing to stand up for consumers in 2009 whenthe Texas Legislature enacted legislation which lessened consumer protections related tostructural pest control applications and considered additional legislation which wouldhave weakened consumer protections even more.

Buried in Senate Bill 1016 in 2009, there are enactments that weaken consumerprotection with regard to structural pest control, Gilbert said. Todd Staples personallyappeared before the Senate and House committees considering this legislation and

testified on it. He should have taken that opportunity to speak out against weakeningconsumer protections, but he didnt, Gilbert said. Gilbert also noted that if House Bill2038 had passed that session, structural pest control regulations protecting consumerswould have been further weakened.

Gilbert noted that under HB 2038 altered requirements for apartment buildings,day care centers, hospitals, nursing homes, hotels, warehouses, and food-processingestablishments, by doing away with the requirement that those facilities contract with alicensed commercial applicator or have a staff member who is a certified noncommercialapplicator or technician perform pest control services.

Under that bill, if you owned the facility and were the only one who workedthere, you didnt need anyone licensed or trained to apply pesticides. While hospitals andnursing homes have large staffs, imagine how many daycares, motels, apartmentbuildings, warehouses, or food processing establishments would have been able to slipthrough the cracks, Gilbert said. This is legislation which would have made Texans lesssafe. Misapplication of pesticide by unlicensed, untrained people can be dangerous anddeadly, but Todd Staples didnt oppose these changes, Gilbert said.

Instead of taking a stand against weakening consumer protections, Staples justsided with the groups who wanted these consumer protections weakened and had givenhim thousands of dollars, Gilbert continued.

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FACT SHEETOnce Again, Staples Fails Texans

RECENT MEDIA COVERAGE OF BEDBUG INFESTATIONS IN TEXAS:

Fort WorthMidland (also Midland)DallasAmarilloSan AntonioBeaumontSherman

FACT: Staples took thousands from lobby groups that wanted to weaken consumer

protection laws related to structural pest control. The Texas Apartment Associationand Texas Pest Control Association both supported weakening consumer protection laws

related to structural pest control. [Witness List, House Committee on Agriculture,Hearing on HB 2038, 81st Texas Legislature.] Many of the changes proposed to weakenconsumer protection requirements related to structural pest control under HB 2038 areincorporated into SB 1016. [SB 1016, 81

stTexas Legislature]. The Texas Apartment

Association and Texas Pest Control Association PACs have given thousands to Staples.

Texas Apartment Assn Pac, $ 2,500.00 12/08/09Texas Apartment Assn Pac, $ 2,000.00 11/14/05Texas Apartment Assn Pac, $ 1,250.00 11/12/07Texas Apartment Assn Pac, $ 1,250.00 12/04/08

Texas Pest Control Assn. Pac, $ 250.00 9/21/08Texas Pest Control Assn. Pac, $ 250.00 11/25/08Texas Pest Control Assn. Pac, $ 500.00 8/04/09Texas Pest Control Assn. Pac, $ 1,000.00 11/30/07

[Texas Ethics Commission]