Relating to pesticides, by providing for tort liability

GENERAL. This bill provides for the use of certain pesticides regulated by the United States environmental protection agency (EPA) under the federal Insecticide, Fungicide, and Rodenticide Act (federal Act) and the “Pesticide Act of Iowa” administered by the department of agriculture and land stewardship under Code chapter 206 (state Act). PESTICIDE LABELING. The bill provides for a defense from civil liability associated with the use of pesticides that are registered with the EPA acting under the federal Act. The bill provides that a label provides sufficient warning if it complies with any one of three criteria: (1) it was approved by the EPA, (2) it is consistent with the most recent human health assessment performed under the federal Act, or (3) it is consistent with the EPA’s carcinogenicity classification for the pesticide. In each case, the label is sufficient to satisfy any requirements for a warning regarding health or safety under the state Act, and any other provision of state law or any other common law duty to warn. However, the bill does not apply to a product made by a Chinese state-owned enterprise.