[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9807 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9807

  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
  prevent preemption of State law claims that are consistent with the 
       misbranding standards of such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2026

   Mrs. Luna (for herself, Ms. DeLauro, Mr. Massie, and Ms. Pingree) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Insecticide, Fungicide, and Rodenticide Act to 
  prevent preemption of State law claims that are consistent with the 
       misbranding standards of such Act, 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 ``Americans vs. Poisonous Pesticides 
Act''.

SEC. 2. STATE LAW CLAIMS ON MISBRANDING OF PESTICIDES.

    (a) Preservation of State Failure-to-Warn Claims.--Section 24(b) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136v(b)) is amended--
            (1) in the subsection heading, by inserting ``of Labeling 
        Standards'' after ``Uniformity''; and
            (2) by inserting ``This subsection does not preempt any 
        State law claim that is consistent with the misbranding 
        standards of section 2(q).'' after ``this Act.''.
    (b) Misbranding Information.--Section 3(f) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(f)) is 
amended--
            (1) in paragraph (2), by inserting ``The registration of a 
        pesticide, and the approval of the labeling of such pesticide 
        by the Administrator, shall not be construed as a defense to 
        any State law claim. In any proceeding, including a proceeding 
        on any State law claim, registration of a pesticide and the 
        approval of the labeling of such pesticide by the 
        Administrator, shall be prima facie evidence (but not 
        conclusive evidence) that the pesticide and its labeling comply 
        with this Act.'' after ``of the Act.''; and
            (2) by adding at the end the following:
            ``(6) Duty to address misbranding information.--
                    ``(A) In general.--If the registrant or the 
                Administrator obtains information indicating that a 
                pesticide may be misbranded under section 2(q) due to 
                potential effects on human health or the environment 
                which are not disclosed on the label of such pesticide, 
                the registrant of such pesticide may amend the labeling 
                of such pesticide to address such information without 
                prior approval of the Administrator.
                    ``(B) Disapproval.--The Administrator may 
                disapprove, or otherwise take action under section 6 
                with respect to, the amendment of the labeling of a 
                pesticide under subparagraph (A).
                    ``(C) Information defined.--In this paragraph, the 
                term `information' means any reliable data, findings, 
                study, report, or documentation and includes--
                            ``(i) a government report;
                            ``(ii) an independent peer-reviewed study;
                            ``(iii) data of the registrant;
                            ``(iv) material obtained through legal 
                        discovery;
                            ``(v) a disclosure by a whistleblower;
                            ``(vi) material from a congressional or 
                        other oversight investigation; and
                            ``(vii) pesticide incident data under 
                        section 6(a)(2).''.
    (c) Application to Pending Actions.--The amendments made by this 
Act shall apply to any civil action, including any action on remand or 
appeal, that is pending on, or commenced on or after, the date of 
enactment of this Act, regardless of the date on which the conduct that 
gave rise to such action occurred.
    (d) Rule of Construction.--None of the amendments made by this Act 
shall be construed to modify, restrict, or otherwise affect any action 
for damages or injunctive relief, or the liability of any person under 
the law of any State.
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