An Act to promote community development planning

194th Legislature (2025-2026) Introduced by Carmine Gentile and 2 co-sponsors

The bill creates a presumption that manufacturers’ warnings required by statute and based on scientific evaluation are sufficient, shifting burden to rebut with robust peer-reviewe

Hearing scheduled for 07/15/2025 from 10:00 AM-01:00 PM in B-1

Idaho H 303 — Summary

Overview

House Bill 303 (H 303) proposes a new section to Idaho's product liability law to address how warnings to consumers or the public are treated for products used in growing food or fiber. The bill creates a presumption that a manufacturer’s or seller’s common law duty to warn is satisfied when warnings are required by statute or regulation, are based on a scientific evaluation, and are properly provided. The measure includes a standard for rebutting that presumption and sets an effective date of July 1, 2025.

Purpose

Clarify when a U.S. manufacturer or seller meets the common law duty to warn related to products used in growing food or fiber.

Establish criteria for when warnings are considered properly given and how such warnings can be challenged in court.

Key Provisions

6-1411 — Satisfaction of a warning to consumers or the public

The duty to warn is presumed satisfied if all three conditions are met:
- (a) A statute/regulation/government order requires a warning to accompany sale or use.
- (b) The authority requiring the warning provides or approves a specific warning based on scientific evaluation of risks.
- (c) The warning is actually given as required.
The presumption can be rebutted only by showing:
- (i) The clear weight of scientific evidence does not support the scientific basis for the warning.
- (ii) The manufacturer or seller knew or should have known at the time of sale that the warning was not supported by the evidence.
To rebut, at minimum, there must be evidence that the warning is not adequate that is:
- Academically peer reviewed,
- Published in a recognized academic journal,
- Capable of replication, and
- Reflects a reliable application of scientific principles and methods to the risks.

Effective date

The act includes an emergency declaration and becomes fully effective on July 1, 2025.

Affected Parties and Impact

Affected: U.S. manufacturers or sellers of products used in growing food or fiber; consumers and the public; agricultural producers who rely on such products; regulatory authorities.

Impact: Creates a constitutional-style presumption in favor of manufacturers/sellers when warnings are mandated and scientifically grounded, while preserving a high evidentiary threshold to rebut the presumption with peer-reviewed, replicable scientific evidence.

Fiscal Implications

State fiscal note: No impact on the General Fund anticipated; the measure concerns the duty to warn and does not create a new regulatory program with funding.

Legislative History

Introduced: February 21, 2025

Reported Printed and Referred to Agricultural Affairs: February 24, 2025

Note: This summary describes the bill’s text and stated purpose as filed. It does not reflect any final legislative changes or potential judicial interpretations.