Florida Legislation Aims to Provide Liability Protection for Pesticide Manufacturers
HB 129 was approved by the state house’s Civil Justice & Claims Subcommittee on April 3.
TAMPA, Fla.—A new bill moving through the Florida legislature could provide pesticide manufacturers with liability protection if their products are already approved and comply with Environmental Protection Agency (EPA) regulations. HB 129 aims to be added to Florida Pesticide Law, restricting pesticide-related liability actions “for failure to warn if the pesticide’s label meets specified conditions.”
These conditions state that the label must be approved by the EPA and align with the most recent human health risk assessment and the EPA’s carcinogenicity classification under the Federal Insecticide, Fungicide, and Rodenticide Act.
However, HB 129 does not safeguard pesticide manufacturers from liability if the EPA determines that they “knowingly withheld, concealed, misrepresented, or destroyed material information regarding the human health risks or carcinogenicity” of their pesticides to obtain or maintain the agency’s approval.
The EPA defines the Federal Insecticide, Fungicide, and Rodenticide Act as “the federal statute that governs the registration, distribution, sale, and use of pesticides in the United States.” This statute also includes definitions for misbranding of pesticide labels.
HB 129 was approved by the state house’s Civil Justice & Claims Subcommittee on April 3, and was subsequently referred to the Housing, Agriculture & Tourism Subcommittee and Judiciary Committee on April 4.
Related Stories
If state representatives in those subcommittees and committees approve the bill, it will advance to the House floor for a vote. Nevertheless, the bill has already drawn criticism from various Floridians, including former Rep. Matt Gaetz (R-Fla.), who shared an opposing post from Children’s Health Defense Florida on social media platform X, declaring, “This bill must die.”
The bill is co-sponsored by state Rep. JJ Grow, representing Citrus County and part of Marion County, and state Rep. Danny Nix, whose district includes parts of Charlotte and Sarasota Counties. Both are Republicans. The Epoch Times reached out to their offices for comments.
In addition, a similar bill, SB 992, has been introduced in the state Senate by state Sen. Jay Collins of Hillsborough County. However, SB 992 extends protections to include “any distributor, dealer, applicator, registrant, or agricultural employer” and further delineates exceptions where liability may remain.
These exceptions state that liability will be maintained if the mentioned parties exert control over a labeling, design, testing, or manufacturing aspect of the product that caused the alleged harm; modify the product in a manner identified as a substantial factor in causing the alleged harm; or apply the product inconsistently with the label resulting in alleged harm. This bill aims to offer specific protections for Floridians, as the final exception allows product liability action to proceed if the manufacturer of the product causing harm is not subject to the jurisdiction of Florida.
SB 992 was referred to the Senate Judiciary, Agriculture, and Rules committees on February 28 and introduced to the Senate on March 4, but no further action has been taken on it since then. Collins was unavailable for immediate comment.
If one or both bills pass and are signed by the governor, they would take effect on July 1, 2025.
