Sponsor
Nancy Mace
Representative · R-SC
Representative · R-SC
The bill restores State tort remedies and strengthens victim accountability and potential local safety improvements, but at the cost of increased litigation, higher compliance costs, possible price increases for farmers and consumers, and a more fragmented regulatory environment that could burden EPA and national sellers.
People harmed by pesticides — especially in rural communities and farming families — can sue manufacturers in State courts and seek compensation and accountability.
State-level litigation and the threat of liability are likely to push manufacturers to disclose ingredients, improve labeling, and adopt safer practices, which can reduce dangerous exposures and improve public health locally.
The bill clarifies that federal labeling preemption does not bar State tort claims while preserving federal labeling uniformity, giving EPA, manufacturers, and states clearer legal boundaries and reducing some legal uncertainty about enforcement versus liability.
Manufacturers and distributors face increased litigation and product-liability exposure from State tort claims, which will raise their legal and compliance costs and likely be passed on to farmers, consumers, and small businesses through higher prices.
Allowing State tort-law warnings and state-court suits risks divergent wording and outcomes across states, creating a patchwork of labeling/packaging requirements that increases compliance complexity for companies that sell nationwide.
The EPA will incur administrative costs and divert staff time to produce the required inventory and any compliance actions, and the process could weaken federal regulatory clarity if interpretations are rolled back or second-guessed, undermining uniform standards.
Based on analysis of 5 sections of legislative text.
Clarifies that federal pesticide labeling rules do not bar State tort-law warnings or tort claims related to pesticide or device labeling and packaging, and requires EPA to report on conflicting guidance.
Official title: To amend the Federal Insecticide, Fungicide, and Rodenticide Act to protect certain State tort law claims from Federal preemption, and for other purposes.
Introduced August 24, 2026 by Nancy Mace · Last progress August 24, 2026
Restores states' ability to enforce tort claims and require state-law warnings about pesticide or device labeling and packaging by amending federal pesticide law to say federal labeling rules do not preclude State tort-law warnings or tort claims. It also directs the EPA to report within 180 days on any agency rules or guidance that limit State tort claims and describe steps to come into compliance. The bill preserves the federal goal of labeling uniformity while carving out an explicit protection for State tort remedies and duties, and it includes a severability clause to keep the remainder of the law intact if parts are struck down.