Bill Text: IA SSB3163 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to tort liability involving pesticides.(See SF 2392.)

Spectrum: Committee Bill

Status: (Introduced) 2024-02-15 - Committee report approving bill, renumbered as SF 2392. [SSB3163 Detail]

Download: Iowa-2023-SSB3163-Introduced.html
Senate Study Bill 3163 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON DRISCOLL) 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 TLSB 6249XC (1) 90 da/ns
S.F. _____ 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 -1- LSB 6249XC (1) 90 da/ns 1/ 1
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