State Pesticide Limited Liability Bills Become Law

New, first-of-their-kind state laws are leading a national trend towards providing greater protections for pesticide manufacturers 

North Dakota's new pesticide limited liability law (HB 1318) became effective July 1, marking the first state law of its kind to be enacted in the U.S. This law and a similar statute enacted in Georgia (SB 144, effective Jan. 1, 2026) reflect a recent trend aimed at addressing liability regarding federal labeling standards under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) at the state level.

North Dakota and Georgia enact new laws

North Dakota and Georgia became the first states to pass pesticide limited-liability legislation. North Dakota's House Bill 1318 was signed into law in April and took effect July 1. Georgia's Senate Bill 144 was signed in May and will take effect Jan. 1, 2026. These laws are intended to address pesticide manufacturer liability under state law as long as the pesticide in question is in full compliance with EPA regulatory requirements.

• North Dakota's Law (HB 1318): Under North Dakota's new law, any pesticide product registered under FIFRA and bearing an EPA-approved label is deemed to have a "sufficient" warning label for the purposes of state law.
• Georgia's Law (SB 144): Georgia's law is similar in that it also declares an EPA-approved pesticide label sufficient to meet any state duty-to-warn requirements. The law includes a clause indicating that the limited liability "shall not apply" if EPA determines that the manufacturer knowingly withheld or misrepresented important safety information to obtain or maintain the registration of the pesticide. 

Wave of state legislation in 2025

Numerous other states have introduced similar types of pesticide limited-liability bills so far in 2025, including Florida (HB 129), Iowa (SF 394), Mississippi (HB 1221 and SB 2472), Missouri (HB 544), North Carolina (SB 639), Oklahoma (HB 1755), Tennessee (SB 527 and HB 809), and Wyoming (HB 0285). Most of the bills introduced did not pass in the 2025 state legislative sessions; however, interest in aligning state law with federal pesticide standards remains strong.

FIFRA Compliance is key

For pesticide manufacturers, these new state laws offer clarity regarding state-level issues with respect to how they relate to FIFRA and EPA regulations. The new state laws generally require that a product's labeling and registration are fully compliant with current EPA regulations in order to meet the state's limited liability statutes. While following the federal statutes for pesticide registration continues to be required, keeping abreast of these rapidly evolving state laws should also be considered.