****
69th Legislature 2025 HB 522.1
- 1 - Authorized Print Version – HB 522
1 HOUSE BILL NO. 522
2 INTRODUCED BY J. SCHILLINGER, B. GILLESPIE, J. KASSMIER, R. MINER, B. USHER, B. MITCHELL
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT CREATING LAWS RELATED TO PESTICIDE WARNING LABELS;
5 ESTABLISHING LIABILITY RESPONSIBILITY FOR A MANUFACTURER, MARKETER, DEALER,
6 DISTRIBUTOR, RETAILER, OR SELLER OF A PESTICIDE; AND PROVIDING AN APPLICABILITY DATE.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 NEW SECTION. Section 1. (1) A manufacturer,
11 marketer, dealer, distributor, retailer, or seller of a pesticide has a duty to warn a consumer, an applicator, and
12 the public about the risks associated with a pesticide.
13 (2) A manufacturer, marketer, dealer, distributor, retailer, or seller with a duty to warn under
14 subsection (1), or a common law duty to warn, satisfies the requirement of this section to warn under all
15 theories of liability if:
16 (a) at the time of sale, the pesticide bears a label approved by the United States environmental
17 protection agency under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq.; and
18 (b) the pesticide is registered with the United States environmental protection agency and the
19 department of agriculture as provided in Title 80, chapter 8, part 2.
20 (3) Liability may not attach and a cause of action may not arise for failing to warn about the risks
21 associated with a pesticide unless the manufacturer, marketer, dealer, distributor, retailer, or seller to warn
22 under subsection (1) fails to satisfy the provisions of subsection (2).
23 (4) As used in this section, the terms "applicator", "label", "pesticide", and "retailer" have the same
24 meanings as provided in 80-8-102.
25
26 NEW SECTION. Section 2. [Section 1] is intended to be codified as an
27 integral part of Title 27, chapter 1, part 7, and the provisions of Title 27, chapter 1, part 7, apply to [section 1].
28 ****
69th Legislature 2025 HB 522.1
- 2 - Authorized Print Version – HB 522
1 NEW SECTION. Section 3. If a part of [this act] is invalid, all valid parts that are
2 severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
3 the part remains in effect in all valid applications that are severable from the invalid applications.
4
5 NEW SECTION. Section 4. [This act] applies to causes of action that arise on or after
6 [the effective date of this act].
7 - END -