THE BILL ITSELF
HB 443
Products Liability Actions Under the Florida Pesticide Law
1
A bill to be entitled
2
An act relating to products liability actions under
3
the Florida Pesticide Law; creating s. 487.082, F.S.;
4
prohibiting a pesticide-related products liability
5
action for failure to warn if the pesticide's label
6
meets specified conditions; providing an exception;
7
providing an effective date.
9
Be It Enacted by the Legislature of the State of Florida:
11
Section 1. Section 487.082, Florida Statutes, is created
12
to read:
13
487.082 Products liability actions.—A products liability
14
action under this part based on a failure to warn may not be
15
brought or maintained with respect to any pesticide registered
16
with the United States Environmental Protection Agency under the
17
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7
18
U.S.C. ss. 136 et seq., if the label for such pesticide is:
19
(1) Approved by the United States Environmental Protection
20
Agency;
21
(2) Consistent with the most recent human health risk
22
assessment performed under FIFRA; or
23
(3) Consistent with the United States Environmental
24
Protection Agency's carcinogenicity classification of the
25
pesticide under FIFRA.
27
However, this section does not shield from liability a
28
manufacturer that the United States Environmental Protection
29
Agency determines knowingly withheld, concealed, misrepresented,
30
or destroyed material information regarding the human health
31
risks or carcinogenicity of a pesticide in order to obtain or
32
maintain approval of the label for the pesticide by the United
33
States Environmental Protection Agency.
34
Section 2. This act shall take effect July 1, 2026.