| 3 | | - | S.F. 394 Section 1. Section 668.12, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. Notwithstanding any provision to the 3 contrary, for any pesticide registered with the United States 4 environmental protection agency under the federal Insecticide, 5 Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq., the 6 label approved by the United States environmental protection 7 agency in registering the pesticide, or a label consistent with 8 the most recent human health assessment performed under the 9 federal Insecticide, Fungicide, and Rodenticide Act, or a label 10 consistent with the United States environmental protection 11 agency carcinogenicity classification for the pesticide under 12 the federal Insecticide, Fungicide, and Rodenticide Act, shall 13 be sufficient to satisfy any requirements for a warning or 14 labeling regarding health or safety under chapter 206, any 15 other provision or doctrine of state law concerning the duty 16 to warn or label, or any other common law duty to warn. This 17 subsection shall not be interpreted to prohibit a cause of 18 action based on any other provision or doctrine of state law. 19 -1- SF 394 (2) 91 da/ns/mb 1/ 1 |
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| 3 | + | S.F. 394 Section 1. Section 668.12, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. Notwithstanding any provision to the 3 contrary, for any pesticide registered with the United States 4 environmental protection agency under the federal Insecticide, 5 Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq., the 6 label approved by the United States environmental protection 7 agency in registering the pesticide, or a label consistent with 8 the most recent human health assessment performed under the 9 federal Insecticide, Fungicide, and Rodenticide Act, or a label 10 consistent with the United States environmental protection 11 agency carcinogenicity classification for the pesticide under 12 the federal Insecticide, Fungicide, and Rodenticide Act, shall 13 be sufficient to satisfy any requirements for a warning or 14 labeling regarding health or safety under chapter 206, any 15 other provision or doctrine of state law concerning the duty to 16 warn or label, or any other common law duty to warn. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanations substance by the members of the general assembly. 20 This bill provides for a defense from civil liability 21 associated with the use of pesticides that are registered with 22 the United States environmental protection agency (EPA) acting 23 under the federal Insecticide, Fungicide, and Rodenticide 24 Act (federal Act). The bill specifies that a label provides 25 sufficient warning if it complies with any one of three 26 criteria: (1) it was approved by the EPA, (2) it is consistent 27 with the most recent human health assessment performed under 28 the federal Act, or (3) it is consistent with the EPAs 29 carcinogenicity classification for the pesticide. In each 30 case, the label is sufficient to satisfy any requirements for a 31 warning or label regarding health or safety under Code chapter 32 206 (pesticide regulation), any other provision of state law 33 concerning the duty to warn or label, or any other common law 34 duty to warn. 35 -1- LSB 2360SV (1) 91 da/ns 1/ 1 |
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