WeVote
Log In

Bill

Bill

HB 809

Pest Control - As introduced, specifies that a manufacturer or seller of a pesticide registered with the commissioner of agriculture and with the environmental protection agency under the federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is not liable in a civil action related to the labeling of the pesticide, if the pesticide bore a label approved by the EPA under FIFRA at the time of sale. - Amends TCA Title 43, Chapter 8.

114th Regular Session (2025-2026) Introduced by Rusty Grills

Bill shields pesticide manufacturers from liability for labeling-related civil claims if EPA-approved labels were used, eliminating state-level recourse for consumers harmed by pesticides.

Sponsor(s) Added.
#pestcontrol
0
WeVote Research Nonpartisan
Bill Summary · HB 809

Legislative bill overview

HB 809 shields pesticide manufacturers and sellers from civil liability for labeling-related claims if their product carried an EPA-approved label at the time of sale. The bill applies only to pesticides registered with both the Tennessee Commissioner of Agriculture and the EPA under federal law, and modifies Tennessee's existing product liability framework in Title 43, Chapter 8.

Why is this important

This creates a significant liability barrier for consumers injured by pesticides, potentially limiting their ability to sue for inadequate warnings or misleading labels even if those labels fail to disclose known risks. The bill effectively delegates labeling responsibility entirely to federal EPA approval, removing state-level recourse and shifting risk from manufacturers to users.

Potential points of contention

  • Preemption of state law: Ties Tennessee liability standards to federal EPA decisions, eliminating state courts' ability to find labeling inadequate even if state judges or juries believe warnings are insufficient
  • Consumer protection vs. industry protection: Creates asymmetrical risk allocation where injured parties bear costs of labeling defects rather than manufacturers who profit from sales
  • "Approved label" interpretation: Unclear whether this applies only to explicitly approved text or extends to omissions—companies could argue EPA approval of what's present shields them for what's absent
  • Interaction with other state standards: May conflict with Tennessee's existing consumer protection laws and established product liability doctrines without explicit legislative reconciliation

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.