Senate File 2412 - Introduced SENATE FILE 2412 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3188) A BILL FOR An Act relating to pesticides, by providing for tort liability. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 6370SV (2) 90 da/ns

S.F. 2412 Section 1. Section 668.12, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. a. 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 12 under the federal Insecticide, Fungicide, and Rodenticide 13 Act, shall be sufficient to satisfy any requirements for a 14 warning regarding health or safety under chapter 206, any 15 other provision or doctrine of state law, including without 16 limitation the duty to warn, or any other common law duty to 17 warn. 18 b. Paragraph “a” does not apply to any product made by a 19 People’s Republic of China state-owned enterprise. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 GENERAL. This bill provides for the use of certain 24 pesticides regulated by the United States environmental 25 protection agency (EPA) under the federal Insecticide, 26 Fungicide, and Rodenticide Act (federal Act) and the “Pesticide 27 Act of Iowa” administered by the department of agriculture and 28 land stewardship under Code chapter 206 (state Act). 29 PESTICIDE LABELING. The bill provides for a defense from 30 civil liability associated with the use of pesticides that are 31 registered with the EPA acting under the federal Act. The 32 bill provides that a label provides sufficient warning if it 33 complies with any one of three criteria: (1) it was approved 34 by the EPA, (2) it is consistent with the most recent human 35 -1- LSB 6370SV (2) 90 da/ns 1/ 2

S.F. 2412 health assessment performed under the federal Act, or (3) it 1 is consistent with the EPA’s carcinogenicity classification 2 for the pesticide. In each case, the label is sufficient to 3 satisfy any requirements for a warning regarding health or 4 safety under the state Act, and any other provision of state 5 law or any other common law duty to warn. However, the bill 6 does not apply to a product made by a Chinese state-owned 7 enterprise. 8 -2- LSB 6370SV (2) 90 da/ns 2/ 2