House Bill 653 Summary

• Adds Section 22-3427 to Idaho Code establishing that EPA-approved pesticide labels create a rebuttable presumption of adequate warning regarding health and safety under state law, including tort law and common law.

• Adds Section 48-620 to Idaho Code with identical provisions regarding EPA-approved pesticide labels and warning adequacy presumptions.

• The rebuttable presumption may be overcome only by clear and convincing evidence that the warning was inadequate to protect the public from unreasonable risks of injury or damage, or that the warning was obtained through fraudulent conduct.

• Applies to any pesticide registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) with labels approved consistent with EPA carcinogenicity classifications.

• Effective date is July 1, 2024, with an emergency declaration.