Georgia Limits Liability for Pesticide Manufacturers

Key Provisions

• Limitation on Manufacturer Liability: The Act provides that pesticide manufacturers cannot be held liable under Georgia law for failing to warn consumers of health risks beyond those required by the United States Environmental Protection Agency ("EPA"). This limitation applies to any pesticide registered with the Georgia Commissioner of Agriculture or with the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), provided that the product label has been approved by the EPA or is consistent with the most recent human health risk assessment under FIFRA. 
• Exception for Misconduct: The limitation will not apply, however, if the EPA determines that a manufacturer knowingly withheld, concealed, misrepresented, or destroyedmaterial information regarding the human health risks of a pesticide to obtain or maintain EPA label approval. 
• Federal Alignment: The Act expressly aligns Georgia's pesticide labeling and warning requirements with federal standards, preempting any state law or common law duty to warn that would impose requirements beyond those established by the EPA.

Implications

The Act is intended to provide regulatory certainty for the pesticide industry in Georgia by harmonizing state and federal requirements. Manufacturers and suppliers of pesticides who comply with EPA regulations will no longer be held to an uncertain, higher standard of care for their products under Georgia law. The legislation also reflects broader policy objectives to support domestic agricultural production and supply chain security. 

Pesticide manufacturers should review their labeling and compliance practices in light of the new standards and monitor for any EPA determinations that could affect the applicability of the liability limitation.