AN ACT to amend Tennessee Code Annotated, Title 43, Chapter 8, relative to pesticides.
Summary
HB0809 creates a liability shield for pesticide manufacturers and sellers in Tennessee when the pesticide was properly registered with the state commissioner and the federal EPA, and when the product carried an EPA-approved label at the time of sale. The bill specifically bars civil claims tied to pesticide labeling, including products liability claims alleging failure to warn under Tennessee’s products liability law, so long as the product complied with federal FIFRA labeling requirements.
The bill does not protect manufacturers or sellers who violate Tennessee pesticide law or FIFRA. It takes effect immediately upon becoming law, reflecting the legislature’s stated view that the public welfare requires prompt implementation.
Impact
If enacted, the bill would amend Tennessee Code Annotated Title 43, Chapter 8 by adding a new section that limits state-law tort exposure for pesticide labeling claims. It would affect pesticide manufacturers, distributors, and sellers by preempting certain civil actions in Tennessee courts when the product’s label was EPA-approved under FIFRA, while preserving liability for unlawful products or sales that violate state or federal pesticide regulations.
Sentiment
The available voting history suggests generally favorable committee sentiment toward the bill. It passed the House Agriculture and Natural Resources Subcommittee 6-2 and the full House Agriculture & Natural Resources Committee 12-4, indicating support from a majority of members, though not unanimity. No committee transcript is available, so the record does not show detailed debate, but the votes indicate the measure was viewed positively by most members in the agriculture policy process.
Contention
The main point of contention is likely the bill’s restriction on civil lawsuits, especially products liability and failure-to-warn claims, which may concern consumer advocates, plaintiffs’ attorneys, or others who favor broader access to state tort remedies. Supporters likely view the bill as aligning Tennessee law with federal EPA labeling approval and providing certainty for the pesticide industry, while opponents may argue it reduces accountability for harmful products and limits injured parties’ ability to seek relief. The split committee votes suggest some disagreement, even though the bill advanced.