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Senate Study Bill 1051 - 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 2025, 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 under
13the federal Insecticide, Fungicide, and Rodenticide Act, shall
14be sufficient to satisfy any requirements for a warning or
15labeling regarding health or safety under chapter 206, any
16other provision or doctrine of state law concerning the duty to
17warn or label, or any other common law duty to warn.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill provides for a defense from civil liability
22associated with the use of pesticides that are registered with
23the United States environmental protection agency (EPA) acting
24under the federal Insecticide, Fungicide, and Rodenticide
25Act (federal Act). The bill specifies that a label provides
26sufficient warning if it complies with any one of three
27criteria: (1) it was approved by the EPA, (2) it is consistent
28with the most recent human health assessment performed under
29the federal Act, or (3) it is consistent with the EPA’s
30carcinogenicity classification for the pesticide. In each
31case, the label is sufficient to satisfy any requirements for a
32warning or label regarding health or safety under Code chapter
33206 (pesticide regulation), any other provision of state law
34concerning the duty to warn or label, or any other common law
35duty to warn.
-1-da/ns
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 668.12, Code 2025, 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 under
13the federal Insecticide, Fungicide, and Rodenticide Act, shall
14be sufficient to satisfy any requirements for a warning or
15labeling regarding health or safety under chapter 206, any
16other provision or doctrine of state law concerning the duty to
17warn or label, or any other common law duty to warn.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill provides for a defense from civil liability
22associated with the use of pesticides that are registered with
23the United States environmental protection agency (EPA) acting
24under the federal Insecticide, Fungicide, and Rodenticide
25Act (federal Act). The bill specifies that a label provides
26sufficient warning if it complies with any one of three
27criteria: (1) it was approved by the EPA, (2) it is consistent
28with the most recent human health assessment performed under
29the federal Act, or (3) it is consistent with the EPA’s
30carcinogenicity classification for the pesticide. In each
31case, the label is sufficient to satisfy any requirements for a
32warning or label regarding health or safety under Code chapter
33206 (pesticide regulation), any other provision of state law
34concerning the duty to warn or label, or any other common law
35duty to warn.
-1-da/ns