ID S1432

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

Adds Section 48-620 to Idaho Code with identical provisions regarding EPA-approved pesticide labels and the rebuttable presumption of adequate warnings.

The rebuttable presumption applies only to pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) with EPA carcinogenicity classifications as they existed on July 1, 2024.

The presumption may be overcome 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 procured by fraudulent conduct.

The provisions expire and become null and void on June 30, 2027, and the act takes effect on July 1, 2024.