House Farm Bill Protects Pesticide Producers

The proposed U.S. House Farm Bill will give immunity to pesticide manufacturers from liability associated with adverse health effects or injuries from their chemicals. The bill will also remove local and state protections on pesticide application.

Pesticide producers believe that the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) should preempt state laws that would hold pesticide manufacturers liable for chemical damages when there aren’t warnings on the label. Conveniently, pesticide labels adhering to FIFRA don’t bear adequate warnings of the health and environmental risks since agrochemical companies submit their own safety data and labels to the EPA.

The safety data and labels from pesticides, which the EPA does not put to the test, have consistently been found to downplay risks and conflict with independent peer reviewed research. The International Agency for Research on Cancer classified glyphosate as a probable human carcinogen in 2015. However, the EPA refused to include 67 peer-reviewed publications in their own toxicology review on glyphosate, 82% of which had at least one positive result for genotoxicity. Instead, the EPA cited 109 tests in its review, 87% of which were industry-funded regulatory studies. Just last month, the journal Regulatory Toxicology and Pharmacology officially retracted a Monsanto study published in 2000. The original paper concluded that glyphosate poses no risk of cancer, which helped reinforce Monsanto’s positioning with the EPA that the chemical was safe. However, the ghostwritten study relied almost exclusively on unpublished studies from Monsanto employees and failed to disclose financial compensation provided to the listed researchers. Since pesticide labels in line with FIFRA don’t warn of the health risks, pesticide producers believe they should therefore not be liable for damages. 

Section 10204 and 10205 of the House Republican Farm Bill wants to give immunity to pesticide producers from liability lawsuits associated with any harm or adverse health effects caused by exposure to their chemicals. Section 10206 would block local governments from passing laws about pesticides or requiring more disclosures. Over 40 states currently restrict pesticide use near schools because of the significant health risk posed by the close proximity to the pesticides. The EWG found that over 4,000 elementary schools are within 200 feet of a crop field where pesticides are sprayed. This number doesn’t include middle or high schools, private schools, parks, and playgrounds. The new farm bill would remove all active community based measures that protect the health and safety of schoolchildren and prevent new ones from being passed.

If you’re wondering why these provisions were included, all you need to do is follow the money. The House Agriculture Committee head Glenn Thompson received over $29,000 in lobbying from three of the four largest agrochemical giants that have an oligopoly on pesticides and seeds, Bayer, Syngenta, and BASF. 

In response to the ongoing push to grant liability immunity to pesticide producers, Senator Cory Booker introduced Senate Bill 2324, A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act. The bill would create a federal right of action under the FIFRA to allow people to sue pesticide makers for causing chronic health conditions like cancer and Parkinson's disease. The bill has been endorsed by a number of health organizations.

It is extremely important that you contact your US Senators and Representatives. The goal of the call to action is removing Sections 10204, 10205, and 10206 from the House Farm Bill and increasing support for Senate Bill 2324, A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to establish a private right of action for injuries caused by pesticides, and for other purposes. Here are talking points for speaking with your representatives.

1). Pesticide producers have consistently misrepresented, downplayed, and withheld data on the carcinogenic and reproductive harms of their chemicals. The EPA should be able to update pesticide labels as new data suggests the damaging health, property, and crop risks of pesticides.

2. The EPA, state, and local governments should be able to regulate pesticide application, require more in-depth labeling, and hold pesticide companies accountable. Stripping these rights endangers farm workers, gardeners, landscapers, school children, and all Americans.

3. Giving liability immunity to pesticide producers endangers Americans and takes away the only way we can take action against them. Americans should be able to take civil action against chemical companies for damages to their health, property, and crops.

Here is a full list of US House Representatives and their contact information. Here is a full list of US Senators and their contact information. Here is a list of the US House Representatives on the Agricultural Committee.