Senate
File
2392
-
Introduced
SENATE
FILE
2392
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SSB
3163)
A
BILL
FOR
An
Act
relating
to
tort
liability
involving
pesticides.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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S.F.
2392
Section
1.
Section
668.12,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5.
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
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
provides
for
a
defense
from
civil
liability
22
associated
with
the
use
of
pesticides
that
are
registered
with
23
the
United
States
environmental
protection
agency
(EPA)
acting
24
under
the
federal
Insecticide,
Fungicide,
and
Rodenticide
25
Act
(federal
Act).
The
bill
provides
that
a
label
provides
26
sufficient
warning
if
it
complies
with
any
one
of
three
27
criteria:
(1)
it
was
approved
by
the
EPA,
(2)
it
is
consistent
28
with
the
most
recent
human
health
assessment
performed
under
29
the
federal
Act,
or
(3)
it
is
consistent
with
the
EPA’s
30
carcinogenicity
classification
for
the
pesticide.
In
each
31
case,
the
label
is
sufficient
to
satisfy
any
requirements
for
32
a
warning
regarding
health
or
safety
under
Code
chapter
206
33
(“Pesticide
Act
of
Iowa”),
and
any
other
provision
of
state
law
34
or
any
other
common
law
duty
to
warn.
35
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