AN ACT to create and enact a new section to chapter 28-01.3 of the North Dakota Century Code, relating to pesticide labeling.
Summary
HB 1318 creates a new section in North Dakota law governing pesticide labeling and warnings. The bill provides that a pesticide registered with the North Dakota agriculture commissioner or the U.S. Environmental Protection Agency is deemed to have satisfied state warning and labeling requirements if it displays an EPA-approved label, a label consistent with the EPA’s most recent human health assessment, or a label consistent with the EPA’s carcinogenicity classification for that pesticide.
In practical terms, the bill ties state-law warning obligations to federal pesticide regulation and limits additional state-law duties to warn or label. It applies not only to statutory requirements in chapter 28-01.3, but also to other state-law doctrines and common-law claims concerning failure to warn or label, making federal compliance a defense against certain state claims.
Impact
The bill preempts or narrows state-level warning and labeling claims for qualifying pesticides by establishing federal EPA labeling standards as sufficient under North Dakota law. This affects pesticide manufacturers, registrants, distributors, and potentially plaintiffs bringing product-liability or failure-to-warn claims, because it reduces the ability to argue that state law requires warnings beyond those approved or recognized by the EPA. It also interacts with chapter 4.1-33 registration and chapter 28-01.3 tort-related provisions by creating a statutory defense tied to federal pesticide labeling determinations.
Sentiment
The bill appears to have been generally supported in the House, where it passed second reading 88-0, but it faced more division in the Senate, passing 29-18, and then returned to the House where it passed 51-40. That voting pattern suggests broad initial support for aligning state law with federal pesticide labeling standards, followed by more substantial concern later in the process. No committee transcripts were provided, so the discussion record is limited to the vote outcomes.
Contention
The main point of contention is whether North Dakota should allow EPA-approved pesticide labels to fully satisfy state warning and labeling duties, including common-law duties to warn, or whether state law should preserve additional protections or remedies. Supporters likely viewed the bill as creating clarity, uniformity, and a stronger defense for pesticide registrants and manufacturers, while opponents likely worried it would limit consumer, worker, or environmental claims and reduce state autonomy in regulating health and safety warnings. The narrower Senate margin and split House vote indicate that the scope of preemption and the effect on tort liability were the most disputed issues.
AN ACT to create and enact a new section to chapter 4.1-33 of the North Dakota Century Code, relating to pesticide certification standards; and to amend and reenact sections 4.1-33-01 and 4.1-33-03, subdivision b of subsection 1 of section 4.1-33-12, section 4.1-33-13, subsection 1 of section 4.1-33-16, and subsection 5 of section 4.1-33-20 of North Dakota Century Code, relating to pesticide control.
Pesticides approved for registration and labeling by U.S. Environmental Protection Agency under FIFRA; exempt manufacture and sale from liability actions.