Summary of Original Version

Create a new section of KRS Chapter 217 to establish that any pesticide registered with the Department of Agriculture, with an EPA approved label for use pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act is deemed sufficient warning for the purposes of an action concerning duty to warn; amend KRS 217.544 to conform.

Summary of Amendment: Senate Floor Amendment 1 -- S. Funke Frommeyer

Summary Exempt any claim brought by a person who is not engaged in agricultural production at the time of alleged exposure.

Summary of Amendment: Senate Floor Amendment 2 -- S. Funke Frommeyer

Summary Exempt a manufacturer that knowingly withholds, conceals, misrepresents, or destroys material information in order to obtain approval of a pesticide label by the Environmental Protection Agency; exempt a manufacturer that has been found by a jury in a civil action in a court to have withhold, conceal, misrepresent, or destroy material information in order to obtain approval of a pesticide label by the Environment Protection Agency.

Summary of Amendment: Senate Floor Amendment 3 -- S. Funke Frommeyer

Summary Retain original provisions except allow courts of the Commonwealth to make determinations regarding manufacturer misconduct in the absence of a United States Environmental Protection Agency investigation.

Summary of Amendment: Senate Floor Amendment 4 -- S. Funke Frommeyer

Summary Delete subsection (2) of Section 1 of the Act and provide that the requirements of the section shall only apply to pesticides registered with the United States Environmental Protection Agency and for which it has made a final carcinogenicity determination that the pesticide is not likely to be carcinogenic in humans; provide that determination shall only have effect under certain conditions; provide that the section shall not prohibit a cause of action based on other provisions or doctrines of state law.

Summary of Amendment: House Floor Amendment 1 -- K. Holloway

Summary Delete original provisions in their entirety; create a new section of KRS Chapter 217 to define terms; create a new section of KRS Chapter 217 to establish the Kentucky Pesticide Safety Act requiring pesticide manufacturers to clearly label products with any known health risks associated with product ingredients; establish a reporting requirement for pesticide manufacturers; establish civil penalties for manufacturer non-compliance; effective January 1, 2027.

Summary of Amendment: House Floor Amendment 2 -- L. Burke

Summary Require current labeling requirements, in accordance with FIFRA, to serve as sufficient warning for pesticides used for agricultural purposes only.

Summary of Amendment: House Floor Amendment 3 -- J. Nemes

Summary Require current labeling requirements, in accordance with FIFRA, to serve as sufficient warning for pesticides used for production agricultural purposes only.

Summary of Amendment: House Floor Amendment 4 -- R. Bivens

Summary Establish that pesticides that have a master label approved by the EPA, including an Agricultural Use Requirements label, to serve as sufficient warning for pesticides used for residential or production agricultural purposes.

Summary of Amendment: House Floor Amendment 5 -- L. Burke

Summary Establish that chronic health risks that are not disclosed on the label are exempt from duty to warn immunity.

Statutes affected:
Introduced: 217.544
Current: 217.544