WINNIPEG — On April 9, the North Dakota state senate voted in favour of a bill that could protect pesticide manufacturers from lawsuits.
Farm groups in the state are supporting the bill because it could shield farmers from legal action from neighbours and environmental groups.
If an individual uses a chemical with a label approved by state and federal regulators, they could not be challenged in court for damages if the products were applied according to the label.
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Critics of the legislation say it will make it impossible to challenge pesticide manufacturers in court over the safety of their products.
The key language in the bill says the label is” sufficient to satisfy any requirement for warning or labeling regarding health or safety” and the duty to warn.
The premise is that regulators developed the label to protect public health and the environment. Therefore, proponents of the bill would say, anyone who follows the pesticide label is not endangering the public or the environment.
The North Dakota bill doesn’t mention Roundup, but it is clearly connected to the thousands of legal cases in the United States around the safety of the herbicide.
“Activists and trial lawyers are creating frivolous lawsuits, developing a litigation situation, which is really threatening farmers and our access to some of these products,” North Dakota state senator Mark Weber told AgWeek.
A group called the Modern Ag Alliance, founded by Bayer, has been encouraging state legislators to protect access to glyphosate, the active ingredient in Roundup. More than 100 state and national commodity groups are members of the alliance.
“The (alliance) continues to champion legislative solutions that provide stability for farmers and protect our food supply,” says a Modern Ag Alliance press release from March.
“States like Missouri, Iowa, and North Dakota — among others — are advancing legislation to safeguard science-based regulations. The proposed solution reinforces that federal pesticide labels remain the law, ensuring companies cannot be sued for following EPA-approved product labels.”
The bill must go to the state’s House of Representatives for a vote and signed by North Dakota’s governor before it becomes law.
Contact robert.arnason@producer.com
