SF 2392 (LSB 6249SV (1) 90)

SENATE FILE 2392

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO SSB 3163)

A BILL FOR

An Act relating to tort liability involving pesticides.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 668.12, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  Notwithstanding any provision to the contrary, for any pesticide registered with the United States environmental protection agency under the federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §136 et seq., the label approved by the United States environmental protection agency in registering the pesticide, or a label consistent with the most recent human health assessment performed under the federal Insecticide, Fungicide, and Rodenticide Act, or a label consistent with the United States environmental protection agency carcinogenicity classification for the pesticide under the federal Insecticide, Fungicide, and Rodenticide Act, shall be sufficient to satisfy any requirements for a warning regarding health or safety under chapter 206, any other provision or doctrine of state law, including without limitation the duty to warn, or any other common law duty to warn.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for a defense from civil liability associated with the use of pesticides that are registered with the United States environmental protection agency (EPA) acting under the federal Insecticide, Fungicide, and Rodenticide Act (federal Act). The bill provides that a label provides sufficient warning if it complies with any one of three criteria: (1) it was approved by the EPA, (2) it is consistent with the most recent human health assessment performed under the federal Act, or (3) it is consistent with the EPA’s carcinogenicity classification for the pesticide. In each case, the label is sufficient to satisfy any requirements for a warning regarding health or safety under Code chapter 206 (“Pesticide Act of Iowa”), and any other provision of state law or any other common law duty to warn.