Montana Attorney General Leads Push for Uniform Pesticide Labeling Rule

Montana Attorney General Austin Knudsen has joined a coalition of attorneys general in urging the Environmental Protection Agency (EPA) to implement a new rule aimed at establishing consistent pesticide labeling requirements nationwide. The proposed rule seeks to address current discrepancies and burdens faced by farmers due to varying state regulations.

Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), states can set their own labeling standards for pesticide products. This has led to situations where manufacturers are required to provide health information on labels that may contradict EPA assessments, creating confusion and legal uncertainty for both manufacturers and farmers.

A notable example is California’s Proposition 65, which mandates that products containing glyphosate, a common herbicide used to control weeds, be labeled as likely carcinogenic. This requirement conflicts with the EPA’s conclusion that glyphosate does not pose a significant risk to human health.

“I am committed to supporting Montana farmers and protecting their livelihoods,” said Attorney General Knudsen. “The EPA should adopt this proposed rule to ensure that no state imposes regulations that could dictate how Montanans farm or the products they use. We need uniformity to keep food on our tables and avoid unnecessary burdens.”

The proposed rule aims to override state-specific requirements like Proposition 65 and stipulates that any state labeling mandates inconsistent with the EPA’s human health risk assessments be considered misbranding under FIFRA.

The current patchwork of state labeling requirements has resulted in prolonged litigation. The Supreme Court, Department of Justice, and several federal courts of appeals have affirmed the EPA’s authority to enact such a rule.

The petition for rulemaking asserts, “EPA can avoid extensive litigation and ongoing reviews of state labeling requirements by adopting the proposed rule. It should clarify that any additional statements on a product’s carcinogenic potential or other health risks not required by EPA under FIFRA constitute misbranding.”

Joining Knudsen in the petition are attorneys general from Nebraska, Iowa, Alabama, Arkansas, Georgia, Indiana, Louisiana, North Dakota, South Carolina, and South Dakota.

By: DNU staff