Bill Text: IA SSB3188 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to pesticides, by providing for tort liability.(See SF 2412.)
Spectrum: Committee Bill
Status: (Introduced) 2024-03-19 - Committee report approving bill, renumbered as SF 2412. [SSB3188 Detail]
Download: Iowa-2023-SSB3188-Introduced.html
Senate
Study
Bill
3188
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
APPROPRIATIONS
BILL
BY
CHAIRPERSON
KRAAYENBRINK)
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
6370XC
(3)
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.
This
subsection
does
not
apply
to
any
product
made
by
a
18
People’s
Republic
of
China
state-owned
enterprise.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
GENERAL.
This
bill
provides
for
the
use
of
certain
23
pesticides
regulated
by
the
United
States
environmental
24
protection
agency
(EPA)
under
the
federal
Insecticide,
25
Fungicide,
and
Rodenticide
Act
(federal
Act)
and
the
“Pesticide
26
Act
of
Iowa”
administered
by
the
department
of
agriculture
and
27
land
stewardship
under
Code
chapter
206
(state
Act).
28
PESTICIDE
LABELING.
The
bill
provides
for
a
defense
from
29
civil
liability
associated
with
the
use
of
pesticides
that
are
30
registered
with
the
EPA
acting
under
the
federal
Act.
The
31
bill
provides
that
a
label
provides
sufficient
warning
if
it
32
complies
with
any
one
of
three
criteria:
(1)
it
was
approved
33
by
the
EPA,
(2)
it
is
consistent
with
the
most
recent
human
34
health
assessment
performed
under
the
federal
Act,
or
(3)
it
35
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6370XC
(3)
90
da/ns
1/
2
S.F.
_____
is
consistent
with
the
EPA’s
carcinogenicity
classification
1
for
the
pesticide.
In
each
case,
the
label
is
sufficient
to
2
satisfy
any
requirements
for
a
warning
regarding
health
or
3
safety
under
the
state
Act,
and
any
other
provision
of
state
4
law
or
any
other
common
law
duty
to
warn.
However,
this
5
provision
of
the
bill
does
not
apply
to
a
product
made
by
a
6
Chinese
state-owned
enterprise.
7
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6370XC
(3)
90
da/ns
2/
2
