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Creates a new federal private right of action under the Federal Insecticide, Fungicide, and Rodenticide Act allowing any person harmed by a pesticide to sue the pesticide registrant in federal court for money damages. Courts may award compensatory and punitive damages, but plaintiffs may not recover attorney’s fees or court costs under this federal claim, and the federal right does not replace or preempt any State-law claims.
Amend the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) by redesignating existing sections 34 and 35 as sections 35 and 36, and by inserting a new section 34 after section 33.
Allows any person whose property or person is injured by a pesticide to bring a civil action in Federal district court against the pesticide’s registrant for monetary damages for the injury caused by the pesticide.
Specifies that recoverable monetary damages may include compensatory and punitive damages, at the discretion of the court.
Specifies that recoverable damages do not include attorney’s fees or court costs.
States that nothing in this section shall preempt any State law claim.
Who is affected and how:
Pesticide registrants (manufacturers, formulators, and companies holding registration): face a new federal civil exposure to compensatory and punitive damages, which can increase potential liability and litigation risk. This may affect corporate risk management, insurance, and product labeling or distribution decisions.
Individuals harmed by pesticides (farmers, agricultural workers, applicators, bystanders, consumers): gain an additional federal avenue to seek money damages for injury, supplementing existing state tort claims and administrative remedies.
Employers and workers in agriculture and pest control: could be more frequently involved as plaintiffs or defendants in litigation tied to pesticide exposures.
Federal courts and the judiciary: may see new cases filed under the statute, affecting caseloads; the statute shifts some pesticide injury claims from state courts to federal courts (or creates concurrent federal actions).
Insurers and defense counsel: will need to adapt to the availability of punitive damages and the prohibition on recovering attorney’s fees or court costs under the federal cause of action.
State governments and state courts: retain their existing authority because the statute explicitly preserves state-law claims; states may continue to hear and adjudicate parallel or separate claims.
Overall, the law creates a straightforward statutory cause of action that expands remedies for injured persons while limiting fee recovery, likely increasing litigation risk for registrants and providing an alternative (federal) forum for victims without replacing state remedies.
Expand sections to see detailed analysis
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced July 17, 2025 by Cory Anthony Booker · Last progress July 17, 2025
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced in Senate