Alan Merrifield engaged in non-pesticide animal damage prevention and bird control. Merrifield’s work included installing screens and other mechanical devices in or on buildings so as to remove vertebrate pests, such as skunks, squirrels, rats, bats, and pigeons.
Although his work did not involve pesticides, Merrifield was required under the terms of California law to have a license to work in the field of structural pest control. The California Structural Pest Control Board (Board) had even warned Merrifield the he had to comply with the licensing statute. In particular, the statute required that all persons who worked in structural pest control to have a Branch II license. An express exemption existed for persons engaged in the capture and removal of vertebrate pests, bees, or wasps from a structure without pesticides, but the statutory definition of “vertebrate pests” excluded mice, rats, or pigeons.
