Atlanta

Georgia lawmakers move to protect fertilizer, pesticide makers from health risk liability

(Photo by Joe Raedle/Getty Images)

ATLANTA — A group of Georgia senators are moving to protect fertilizer and pesticide manufacturers from liability if they don’t warn consumers of health risks above what’s required by the federal government.

Senate Bill 144 would require that companies avoid any liability for health risks that don’t require a warning by the U.S. Environmental Protection Agency.

According to the bill text, companies that produce bug killers and fertilizers would not be able to be held liable for failing to warn their customers of any health risks above the federal requirements.

That means that if the following warnings are on the label from the federal government, any additional warnings would no longer be needed.

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According to the legislation, Georgia’s $91 billion agriculture and related industries need to be strengthened. For the purposes of the legislation, lawmakers are focused on reducing the state’s dependence on foreign-import pesticides and fertilizers, such as those brought in from China.

Instead, the senators who filed the bill say that “every effort must be made to strengthen the United States domestic production of pesticides, including clarifying regulatory authority of pesticide labeling.”

To that end, if passed, the bill would require that any pesticide registered with the Georgia Agriculture Commissioner must have an EPA-approved label by Jan. 1, 2026.

The label must be consistent with the most recent risk assessment for human health under the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, which federally requires warning labels for various conditions, such as:

  • CAUTION: means the pesticide product is slightly toxic if eaten, absorbed through the skin, inhaled or it causes slight eye or skin irritation.
  • WARNING: indicates the pesticide product is moderately toxic if eaten, absorbed through the skin, inhaled or it causes moderate eye or skin irritation.
  • DANGER: means that the pesticide product is highly toxic by at least one route of exposure. It may be corrosive, causing irreversible damage to the skin or eyes. Alternatively, it may be highly toxic if eaten, absorbed through the skin, or inhaled. If this is the case, then the word “POISON” must also be included in red letters on the front panel of the product label.

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