[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10144 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10144
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
protect certain State tort law claims from Federal preemption, and for
other purposes.
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IN THE HOUSE OF REPRESENTATIVES
August 24, 2026
Ms. Mace introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Federal Insecticide, Fungicide, and Rodenticide Act to
protect certain State tort law claims from Federal preemption, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pesticide Harm Accountability Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Environmental Protection Agency too often fails to
successfully incorporate the current scientific understanding
to protect human health and the environment from the harmful
effects of pesticide products, as intentioned by the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.). Consequently, the billions of pounds of pesticides
approved for use annually are allowed under outdated science.
(2) The Environmental Protection Agency registers more than
half, nearly 65 percent, of pesticides through conditional
registrations, allowing their use before full safety data is
reviewed.
(3) The Environmental Protection Agency permits the
continued sale of pesticides remaining on store shelves, even
after their registration has been voided, suspended, or
canceled.
(4) The Environmental Protection Agency uses emergency
exemptions to keep pesticides on the market for years without
undergoing a comprehensive registration process or complete
safety data that would ensure the safe use of pesticides.
(5) The Environmental Protection Agency is prohibited from
requiring the disclosure of certain ``inactive'' ingredients,
even while ``inactive'' ingredients can account for 99 percent
of a pesticide product and include carcinogenic and toxic
chemicals.
(6) Considering these regulatory shortcomings, State tort
law serves as a critical check on the Environmental Protection
Agency when their regulations fail to protect everyday
Americans. Specifically, it allows individuals harmed by
pesticide exposure to hold manufacturers accountable when the
regulatory process has failed to do so.
(7) John Durnell was diagnosed with non-Hodgkin's Lymphoma
after decades of using the herbicide Roundup. Mr. Durnell sued
Monsanto, the producer of Roundup, in Missouri State court and
was awarded $1,250,000 for compensatory damages in recognition
of the herbicide's harmful effects.
(8) Monsanto appealed the decision to the Supreme Court of
the United States, looking to overturn the outcome. On June 25,
2026, the Supreme Court in Monsanto Co. v. Durnell held that
the Federal Insecticide, Fungicide, and Rodenticide Act
prevents the State from holding such companies accountable when
the Environmental Protection Agency approved a pesticide label
without requiring a cancer warning. This defeated the legal
argument Mr. Durnell used to win his case in the Missouri State
court and eliminated a common path for individuals to hold
pesticide companies accountable for causing harm.
(9) State tort law offers a fundamental check on pesticide
manufacturers, ensuring accountability when pesticide products
cause harm. Restoring the ability of victims to pursue
legitimate claims under State tort law, free from the hurdles
of inappropriate Federal preemption, is a necessary
precondition to protect public health and ensure that pesticide
manufacturers remain accountable to the individuals and
communities they affect.
SEC. 3. CLARIFICATION ON STATE PESTICIDE LABELING RESTRICTIONS.
(a) Misbranding.--Section 2(q) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136(q)) is amended by adding
at the end the following:
``(3) This subsection shall not be construed to prohibit
the placement on a pesticide or device of a warning required
under the tort law of a State.''.
(b) Uniformity.--Section 24(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136v(b)) is amended by adding
at the end the following: ``The previous sentence shall not be
construed to prohibit or otherwise limit a claim related to the
labeling or packaging of pesticides or devices under the tort law of
any State.''.
SEC. 4. REPORT TO CONGRESS REGARDING REGULATIONS LIMITING STATE TORT
LAW CLAIMS.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency shall submit
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report identifying any regulation, guidance document, or interpretive
statement that limits or restricts a claim under State tort law
relating to the labeling or packaging of a pesticide or device under
section 24(b) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136v(b)), as amended by section 3(b) of this Act, along
with any steps taken to bring such regulation, guidance document, or
interpretive statement into compliance.
SEC. 5. SEVERABILITY.
If any provision of this Act or an amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be invalid, the other provisions of this Act and the amendments
made by this Act, and the application of such provisions to any person
or circumstance, shall not be affected thereby.
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