Aantex Pest Control Co. v. Structural Pest Control Board

On appeal from a judgment mandating appellant to set aside and to reconsider its decision revoking respondent’s “Branch 2” license, we examine the record in light of the statutory purpose regulating the commercial use of poisonous insecticides. We conclude for the reasons which follow that grounds for administrative discipline existed; we reverse the judgment below.

Facts

The facts are essentially undisputed. On December 30, 1974, respondent’s employee, Yeaman, sprayed the basement and subareas of the home of Doctors Robert and Rose Chang with a white powdery substance believed to be an ordinary insecticide for control of ant infestation. As a result of the Chang’s persistent complaints of a strong permeating odor, an investigation undertaken several months later disclosed that a highly toxic chemical known as Endrin had been sprayed within 14 inches of the furnace air vents, an application concededly below the requisite standard of care. Traces of the noxious chemical were found in the heating vents and air conduits throughout the house, on furniture and in the bloodstream of members of the Chang family. Upon this startling discovery, the Chang family immediately…