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Senate Study Bill 3188 - IntroducedA Bill ForAn Act 1relating to pesticides, by providing for tort liability.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 668.12, Code 2024, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5. Notwithstanding any provision to the
4contrary, for any pesticide registered with the United States
5environmental protection agency under the federal Insecticide,
6Fungicide, and Rodenticide Act, 7 U.S.C. §136 et seq., the
7label approved by the United States environmental protection
8agency in registering the pesticide, or a label consistent with
9the most recent human health assessment performed under the
10federal Insecticide, Fungicide, and Rodenticide Act, or a label
11consistent with the United States environmental protection
12agency carcinogenicity classification for the pesticide
13under the federal Insecticide, Fungicide, and Rodenticide
14Act, shall be sufficient to satisfy any requirements for a
15warning regarding health or safety under chapter 206, any
16other provision or doctrine of state law, including without
17limitation the duty to warn, or any other common law duty to
18warn. This subsection does not apply to any product made by a
19People’s Republic of China state-owned enterprise.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23GENERAL. This bill provides for the use of certain
24pesticides regulated by the United States environmental
25protection agency (EPA) under the federal Insecticide,
26Fungicide, and Rodenticide Act (federal Act) and the “Pesticide
27Act of Iowa” administered by the department of agriculture and
28land stewardship under Code chapter 206 (state Act).
29PESTICIDE LABELING. The bill provides for a defense from
30civil liability associated with the use of pesticides that are
31registered with the EPA acting under the federal Act. The
32bill provides that a label provides sufficient warning if it
33complies with any one of three criteria: (1) it was approved
34by the EPA, (2) it is consistent with the most recent human
35health assessment performed under the federal Act, or (3) it
-1-1is consistent with the EPA’s carcinogenicity classification
2for the pesticide. In each case, the label is sufficient to
3satisfy any requirements for a warning regarding health or
4safety under the state Act, and any other provision of state
5law or any other common law duty to warn. However, this
6provision of the bill does not apply to a product made by a
7Chinese state-owned enterprise.
-2-da/ns
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 668.12, Code 2024, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5. Notwithstanding any provision to the
4contrary, for any pesticide registered with the United States
5environmental protection agency under the federal Insecticide,
6Fungicide, and Rodenticide Act, 7 U.S.C. §136 et seq., the
7label approved by the United States environmental protection
8agency in registering the pesticide, or a label consistent with
9the most recent human health assessment performed under the
10federal Insecticide, Fungicide, and Rodenticide Act, or a label
11consistent with the United States environmental protection
12agency carcinogenicity classification for the pesticide
13under the federal Insecticide, Fungicide, and Rodenticide
14Act, shall be sufficient to satisfy any requirements for a
15warning regarding health or safety under chapter 206, any
16other provision or doctrine of state law, including without
17limitation the duty to warn, or any other common law duty to
18warn. This subsection does not apply to any product made by a
19People’s Republic of China state-owned enterprise.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23GENERAL. This bill provides for the use of certain
24pesticides regulated by the United States environmental
25protection agency (EPA) under the federal Insecticide,
26Fungicide, and Rodenticide Act (federal Act) and the “Pesticide
27Act of Iowa” administered by the department of agriculture and
28land stewardship under Code chapter 206 (state Act).
29PESTICIDE LABELING. The bill provides for a defense from
30civil liability associated with the use of pesticides that are
31registered with the EPA acting under the federal Act. The
32bill provides that a label provides sufficient warning if it
33complies with any one of three criteria: (1) it was approved
34by the EPA, (2) it is consistent with the most recent human
35health assessment performed under the federal Act, or (3) it
-1-1is consistent with the EPA’s carcinogenicity classification
2for the pesticide. In each case, the label is sufficient to
3satisfy any requirements for a warning regarding health or
4safety under the state Act, and any other provision of state
5law or any other common law duty to warn. However, this
6provision of the bill does not apply to a product made by a
7Chinese state-owned enterprise.
-2-da/ns