Key Takeaways
- The Pesticide Liability Provision known as Section 453 was removed from the FY2026 funding bill.
- The provision would have limited lawsuits against pesticide manufacturers.
- Its removal preserves state and local authority over pesticide regulation.
- Federal pesticide oversight under FIFRA remains unchanged.
- Lawmakers signaled continued scrutiny to prevent similar language in future legislation.
Pesticide Liability Provision Stripped From FY2026 Appropriations Bill
The Pesticide Liability Provision, formally known as Section 453, was removed from the FY2026 Interior, Environment, and Related Agencies appropriations bill following efforts led by Congresswoman Chellie Pingree of Maine. The provision had been included in an earlier draft of the bill and would have shielded pesticide manufacturers from certain legal actions while restricting regulatory authority at the state and local levels.
Pingree stated that the provision favored chemical manufacturers by limiting accountability and overriding local efforts to address public health and environmental concerns. The decision to remove the Pesticide Liability Provision followed public opposition and debate within the appropriations process.
What The Pesticide Liability Provision Would Have Changed
The Pesticide Liability Provision would have established a form of federal preemption by restricting regulatory actions and guidance that differed from federal pesticide assessments. In practice, this would have reduced the ability of state and local governments to impose additional restrictions, require warning labels, or pursue legal action when harm was alleged.
Critics argued that the provision would have prevented communities from responding to emerging science and local risk factors, particularly in areas near schools, homes, farms, and waterways. Supporters of removal emphasized that federal pesticide reviews can take years and may not reflect the most current scientific evidence.
Existing Federal Framework For Pesticide Regulation
Pesticides in the United States are regulated through a layered system of federal, state, and local laws. The primary federal statute is the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which directs the Environmental Protection Agency to regulate pesticide registration, labeling, and use nationwide.
Under FIFRA, EPA is required to review registered pesticides at least once every 15 years to assess potential risks to human health and the environment. While FIFRA establishes a national baseline, it has long been interpreted to allow states and local governments to adopt additional safeguards tailored to local conditions. The removal of the Pesticide Liability Provision maintains this longstanding interpretation.
State Authority And Ongoing Legal Debate
Debates over pesticide regulation and liability have been ongoing for decades, particularly around widely used chemicals that have been linked to health risks in litigation and scientific studies. Several states and municipalities have enacted restrictions on pesticide use in sensitive areas, citing concerns about toxic exposure, child development, and long-term health impacts.
Seven states, including Maine, do not preempt local governments from regulating pesticide use. In Maine, more than 30 state and local rules related to pesticide application and warning requirements remain in effect and would have been at risk had the Pesticide Liability Provision remained in the bill.
Outlook And Legislative Monitoring
Congresswoman Pingree said the removal of the Pesticide Liability Provision sends a signal that public health considerations outweigh efforts to limit corporate liability through appropriations language. She also noted that lawmakers will continue monitoring future legislation to ensure similar provisions are not reintroduced through other legislative vehicles, including future funding bills or the Farm Bill.
For now, the decision preserves existing legal pathways for states, local governments, and individuals to regulate pesticide use and pursue accountability under current law.
