EPA Pesticide Label Sufficient Warning for Duty-to-Warn Claims
Summary
Kentucky enacted SB199, establishing that any pesticide registered with the Department of Agriculture bearing an EPA-approved label under FIFRA is deemed sufficient warning for duty-to-warn legal actions. The bill creates a new section of KRS Chapter 217 and amends KRS 217.544. The legislation passed with a Senate veto override on March 31, 2026, following initial passage and gubernatorial veto.
What changed
Kentucky SB199 creates a new statutory provision declaring that EPA-approved pesticide labels constitute sufficient warning for purposes of duty-to-warn claims under state law. The bill specifically addresses pesticides registered with the Kentucky Department of Agriculture that carry EPA approval for use under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This effectively preempts certain state-law failure-to-warn claims where federal labeling requirements have been met.
Agricultural firms and pesticide manufacturers operating in Kentucky should note that EPA-approved labeling now serves as an affirmative defense to duty-to-warn litigation under state law. This applies to pesticides covered under FIFRA registration. The law may limit tort liability exposure for registrants but does not eliminate all labeling obligations under federal law. Legal counsel should assess how this statute interacts with existing product liability claims and federal labeling requirements.
What to do next
- Review pesticide labeling compliance to ensure EPA approval is current and accurate
- Assess existing duty-to-warn liability exposure in Kentucky under new statutory defense
- Consult legal counsel on interaction between new state law and federal FIFRA requirements
Source document (simplified)
ChangeBridge / Kentucky / SB199 Passed SB199 Senate Bill Passed 2026-03-31
AN ACT relating to pesticide labeling.
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.
Bill Details
State Kentucky
Session 2026 Regular Session
Chamber Senate
Official Source apps.legislature.ky.gov/record/26RS/sb199....
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Sponsors
Jason Howell (Sen - R) Craig Richardson (Sen - R)
Action History
2026-03-31 H passed 24-12 2026-03-31 H veto overridden 2026-03-31 H posted for consideration of Governor's veto 2026-03-31 H taken from Rules 2026-03-31 H to Rules (S) 2026-03-31 H received in Senate 2026-03-31 S Vetoed 2026-03-19 S delivered to Governor 2026-03-19 S enrolled, signed by Speaker of the House 2026-03-19 S enrolled, signed by President of the Senate 2026-03-19 S passed 24-11 2026-03-19 S Senate concurred in Floor Amendment (4) 2026-03-19 S posted for passage for concurrence in House Floor Amendment (4) 2026-03-19 S taken from Rules 2026-03-18 S to Rules (S) 2026-03-18 S received in Senate 2026-03-17 H 3rd reading, passed 53-37 with Floor Amendment (4) 2026-03-17 H floor amendment (5) filed 2026-03-16 H floor amendment (4) filed 2026-03-12 H posted for passage in the Regular Orders of the Day for Friday, March 13 2026 2026-03-12 H floor amendments (1), (2) and (3) filed 2026-03-12 H 2nd reading, to Rules 2026-03-11 H reported favorably, 1st reading, to Calendar 2026-03-09 H to Agriculture (H) 2026-03-06 H to Committee on Committees (H) 2026-03-06 H received in House 2026-03-05 S passed 23-13 2026-03-05 S Floor Amendments (1), (2), (3) and (4) withdrawn 2026-03-05 S 3rd reading 2026-03-04 S floor amendment (4) filed 2026-03-04 S floor amendment (3) filed 2026-03-04 S floor amendment (2) filed 2026-03-04 S floor amendment (1) filed 2026-03-04 S posted for passage in the Regular Orders of the Day for Thursday, March 05 2026 2026-03-04 S 2nd reading, to Rules 2026-03-03 S reported favorably, 1st reading, to Calendar 2026-02-27 S to Agriculture (S) 2026-02-13 S to Committee on Committees (S) 2026-02-13 S introduced in Senate
Votes
2026-03-05 Senate: Third Reading RSN# 3886 Yea: 23 Nay: 13 2026-03-17 House: Veto Override RCS# 265 Yea: 18 Nay: 20 2026-03-17 House: Veto Override RCS# 266 Yea: 53 Nay: 37 2026-03-19 Senate: Third Reading RSN# 3954 Yea: 24 Nay: 11 2026-03-31 Senate: Veto Override RSN# 4084 Yea: 24 Nay: 12
Committee Referrals
2026-02-13 S Committee on Committees 2026-02-27 S Agriculture 2026-03-04 S Rules 2026-03-06 H Committee On Committees 2026-03-09 H Agriculture 2026-03-12 H Rules 2026-03-18 S Rules 2026-03-31 H Rules
Amendments
0000-00-00 Senate Floor Amendment 0000-00-00 Senate Floor Amendment 0000-00-00 Senate Floor Amendment 0000-00-00 Senate Floor Amendment 0000-00-00 House Floor Amendment 0000-00-00 House Floor Amendment 0000-00-00 House Floor Amendment 0000-00-00 House Floor Amendment 0000-00-00 House Floor Amendment
Bill Text Versions
0000-00-00 Introduced 0000-00-00 Engrossed 0000-00-00 Enrolled
Subjects
Agriculture Civil Actions Civil Procedure Claims Consumer Protection Federal Laws and Regulations Notices Occupational Safety and Health Legislative data powered by LegiScan (CC BY 4.0)
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