25 SB 144/AP
Senate Bill 144
By: Senators Watson of the 11th, Gooch of the 51st, Kennedy of the 18th, Beach of the 21st,
Goodman of the 8th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated,
1
relating to liability for use of fertilizers, plant growth regulators, or pesticides, so as to clarify2
that a manufacturer cannot be held liable for failing to warn consumers of health risks above3
those required by the United States Environmental Protection Agency with respect to4
pesticides, subject to an exception; to provide for legislative findings; to provide for related5
matters; to provide for applicability; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
The General Assembly finds that:9
(1) Agriculture and its related industries contribute over $91 billion to Georgia's economy,10
and Georgia farmers are the backbone of that activity;11
(2) As the nation's largest producer of peanuts and the second largest producer of cotton,12
Georgia farmers rely on inputs to grow their crops and keep yields high;13
(3) Without reliable access to the most widely used crop protection products, costs to14
farmers could more than double;15
(4) A domestic supply chain for crop protection products is critical to ensuring farmers16
have access to all the tools they need to grow food and fiber;17
S. B. 144
- 1 - 25 SB 144/AP
(5) Dependence on Chinese imports for critical ingredients in crop protection products
18
creates supply chain vulnerabilities for the United States and opportunities for foreign19
adversaries to restrict access to crop protection products for American farmers; and20
(6) Every effort must be made to strengthen the United States domestic production of21
pesticides, including clarifying regulatory authority of pesticide labeling.22
SECTION 2.23
Article 6 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to24
liability for use of fertilizers, plant growth regulators, or pesticides, is amended by adding25
a new Code section to read as follows:26
"2-7-171.
27
(a) As used in this Code section, the term:28
(1) 'Environmental Protection Agency' means the United States Environmental29
Protection Agency.30
(2) 'FIFRA' means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.31
Section 136, et seq., and the amendments thereto.32
(b) Notwithstanding anything to the contrary in this chapter, beginning on January 1, 2026,33
any pesticide registered with the Commissioner, pursuant to Code Section 2-7-55, or the34
Environmental Protection Agency, pursuant to FIFRA, which displays a label that has been35
approved by the Environmental Protection Agency in registering the pesticide or is36
consistent with the most recent human health risk assessment performed under FIFRA shall37
be deemed a sufficient warning label for the purposes of an action commenced under any38
provision of state law concerning the duty to warn or label, or any other common law duty39
to warn; provided, however, that the provisions of this subsection shall not apply when a40
determination has been made by the Environmental Protection Agency that a manufacturer41
knowingly withheld, concealed, misrepresented, or destroyed material information42
S. B. 144
- 2 - 25 SB 144/AP
regarding the human health risks of such pesticide in order to obtain or maintain approval43
of its label by the Environmental Protection Agency."44
SECTION 3.45
All laws and parts of laws in conflict with this Act are repealed.46
S. B. 144
- 3 -