By: Jeff Beach (ND Monitor)
North Dakota is poised to be the first state in the nation to implement a law that provides legal protections for pesticide manufacturers — an issue that has been debated in legislatures across the country in the face of large payouts to cancer victims.
Gov. Kelly Armstrong on Wednesday signed House Bill 1318 that specifies that a label approved by the Environmental Protection Agency acts as sufficient warning to users about the hazards posed by pesticides and herbicides such as Roundup.
Georgia’s General Assembly passed its version of the pesticide protection bill but it has yet to be signed. The National Agricultural Law Center has been tracking the status of similar legislation in Iowa, Florida, Missouri, Oklahoma, Tennessee and Wyoming.
Elizabeth Burns-Thompson is the executive director of the Modern Ag Alliance, a national group backing the legislation in North Dakota and other states.
“This law sets the standard for states across America to pass legislation similar to HB 1318 and, ultimately, stand up for our farmers,” Burns-Thompson said Thursday in a statement.
Ag groups have lined up behind the pesticide legislation, saying it ensures farmers will have access to chemicals they need to control weeds and insects.
Critics have said the bill will make it harder for people harmed by chemicals to win lawsuits against the manufacturers of chemicals.
Germany-based Bayer, maker of the popular herbicide Roundup, has been ordered to pay out billions of dollars to plaintiffs who claim the product has caused cancer.
The EPA has never determined that Roundup causes cancer. Plaintiffs have still prevailed, in part on the argument that they were not adequately warned.
Brigit Rollins, attorney for the National Agricultural Law Center, wrote earlier this year that almost every pesticide injury lawsuit filed in the past 10 years has included a claim that the pesticide manufacturer failed to warn the plaintiff of the health risks associated with the product.
Rollins was unavailable for comment Thursday, but wrote earlier this month that it was not clear how pesticide laws might affect pending lawsuits, which number in the thousands nationally.
Bayer’s website says it is also hopeful for a U.S. Supreme Court ruling in favor of laws such as the one being implemented in North Dakota.
A Bayer executive said in an April 14 Wall Street Journal article that the company may have to shut down U.S. production of glyphosate, the active ingredient in Roundup.
The pesticide bill in North Dakota sailed through the House of Representatives, where it was introduced, passing unanimously in January.
It faced more debate in the Senate, but was amended and returned to the House. A small group of protesters gathered outside the Capitol the day of the Senate vote, urging members to reject the bill.
Its second vote in the House was much closer, passing 51-40.
As the debate on the bill wrapping up, Rep. Donna Henderson, R-Calvin, said, “If we have learned anything, it is that we don’t know all the answers. We don’t know what this bill does.”
She noted that similar legislation has been pushed in other states.
“If it’s just a simple labeling bill, why did 35 other states vote it down?” she asked.
Leaders of North Dakota farm groups expressed their appreciation for the bill Thursday.
“This monumental step forward helps ensure our farmers have the certainty they need to make long-term planning decisions and stay productive in the field,” Justin Sherlock, president of the North Dakota Soybean Growers Association said.
While the debate focused on Roundup, the law applies to other pesticides registered with the state Department of Agriculture.
The North Dakota law will take effect July 1. If signed, the Georgia law would take effect Jan. 1, 2026.
Armstrong’s office declined to comment on his decision to sign the bill.
