Iowa Senate debates pesticide liability shield in Senate File 394; amendment adopted clarifying tort rights

Senate File 394, a bill that would limit state liability claims against pesticide manufacturers that follow federal labeling rules, drew extended debate in the Iowa Senate and resulted in adoption of an amendment clarifying that certain tort claims would remain available.

The amendment, Senate amendment 3056, was moved and explained by Senator Mike Whitver, who called up the bill and said it ‘‘is a simple bill about a simple concept’’: companies that follow the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) labeling requirements should not face state lawsuits for labeling errors. Senator Whitver said the amendment makes clear that plaintiffs retain remedies such as negligence, strict liability, fraud, misrepresentation and breach of…