Big Sky Times

Montana Attorney General Austin Knudsen has joined a coalition of attorneys general urging the Environmental Protection Agency (EPA) to implement a new rule for uniform labeling requirements on pesticide products nationwide. The proposed rule aims to streamline the process and prevent misbranding by states like California, thereby alleviating burdens on farmers across the country.

Under the current Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), each state can create separate labeling requirements that manufacturers must follow. This sometimes results in manufacturers having to include health information inconsistent with EPA findings, leading to confusion about legal obligations and product health effects.

California’s Proposition 65 mandates labeling products containing glyphosate, an herbicide widely used by farmers, as likely carcinogenic. However, the EPA has concluded that glyphosate does not pose a risk to human health.

"I will always stand up for Montana farmers and work to protect their livelihoods. I hope the EPA makes the right decision and implements our new proposed rule. Another state should not be allowed to dictate how Montanans farm and the products they use to do their job to keep food on the table for their families," Attorney General Knudsen said.

The proposed rule would override Proposition 65 and declare that any state labeling requirements inconsistent with EPA's findings from its human health risk assessment constitute misbranding under FIFRA.

The current system of varying state labeling requirements has led to extensive litigation. The Supreme Court, Department of Justice, and multiple federal courts of appeals have acknowledged that the EPA has the authority to enact such a rule as proposed in this petition.

"EPA can avoid the onslaught of litigation and continual review of state labeling requirements if it proceeds with Petitioners’ requested rulemaking. EPA has authority and needs to adopt a rule clarifying that any statements on a product’s carcinogenic potential or other public-health risks not otherwise required by EPA labeling under FIFRA constitute misbranding," stated the attorneys general in their petition.

Attorneys general from Nebraska, Iowa, Alabama, Arkansas, Georgia, Indiana, Louisiana, North Dakota, South Carolina, and South Dakota have also joined this petition for rulemaking.

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