Worm Compost = Pesticide?

So, the California Department of Pesticide regulation (DPR) is fining George Hahn, owner of California Vermiculture LLC (CV) $100,000 for not having registered his worm compost as a pesticide. The weak ground they stand on states that since CV claims in its advertising; “that your product suppresses pathogens which eliminates disease, repels harmful insects but no beneficial insects, and allows plants and trees to survive in adverse conditions and causes bark beetles to avoid and not attack trees.” According to the DPR, this means that this product ought to be registered as a pesticide.

What they have failed to realize is that it is in no way the product itself that is bringing these benefits, but the community of micro-organisms who live in the worm-poop who are responsible for these amazing perks. The establishment of a healthy microbial community on a plant will indeed suppress pathogens, repels pests, and help plants better survive in difficult conditions, as well as a host of other amazing benefits. It is also true that worm compost, if made properly, can host billions of beneficial microorganisms that can do all these things for plants.

The article where I encountered this is from a community comment section of a small southern Cali paper called the Coast News (http://thecoastnews.com/view/full_story/8837676/article-COMMUNITY-COMMENTARY---Worm-poop-versus-the-bureaucracy). In the article, the writer makes the natural connection that if the DPR claims that anything which kills bugs is a pesticide, that water, which can kill bugs given the proper amount, also ought to be registered as a pesticide. The heads of research and enforcement for DPR even stated, under oath, that "claims made that bugs could be drowned in water would make water a pesticide." As ridiculous as this is, what is even more ridiculous to me is the possibility that since other materials, like composts, compost teas and extracts, even healthy organic soil, all contain similar communities of beneficial microbiology, and would produce the same results when applied to a plant. Does this mean that according to the DPR, that healthy organic soils ought to be classified as a pesticide as well? Does everyone who sells any organic ingredients that don't attract bugs have to register their product as a pesticide?

Sometimes I'm amazed at how ignorant the regulatory agents in our society can be. It is also saddening to see the way in which people reduce complex systems to a single, simple category. There are many things in this world that repel bugs that might want to eat your plants, even outside the realm of synthetically refined and processed poisons. I am grateful to the regulators for doing the work they are supposed to do, but come on guys! try to stick to relevant issues and cases instead of running around suing and fining everyone you think you might get a dollar out of!

If I go out to a farm and step on bugs, does that make me a pesticide? Should I register my shoes with the regulatory agency and pay dues so that I can squash pests without worried about being fined?

...anyway, rant rant rant...

I'm glad to say that the head lawyer from the Pacific Legal Foundation (a successful public interest legal organization that fights for limited government, property rights, individual rights and a balanced approach to environmental protection) has taken this case, and is suing the DPR on grounds of an unreasonable and unfounded fine. The DPR has refused to drop the fine, and is taking the case to the Sacramento County Superior Court to hear what the judge has to say. I sure hope that judge is an organic gardener...

Enough ranting for now! But here is an interesting question to leave with: What other products on the market (any market) make any claims about bug deterrent qualities? What other ridiculous things are out there the the DPR would consider to be a pesticide?