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Official Code of Georgia Annotated

Title 2. AGRICULTURE · Chapter 7. PLANT DISEASE, PEST CONTROL, AND PESTICIDES · Article 6. LIABILITY FOR USE OF FERTILIZERS, PLANT GROWTH REGULATORS, OR PESTICIDES

2-7-171. Deemed sufficiency of pesticide warning labels; exceptions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    As used in this Code section, the term:#

    1. (1)

      “Environmental Protection Agency” means the United States Environmental Protection Agency.#

    2. (2)

      “FIFRA” means the Federal Insecticide, Fungicide, and Roden-ticide Act, 7 U.S.C. Section 136, et seq., and the amendments thereto.#

  2. (b)

    Notwithstanding anything to the contrary in this chapter, beginning on January 1, 2026, any pesticide registered with the Commissioner, pursuant to Code Section 2-7-55, or the Environmental Protection Agency, pursuant to FIFRA, which displays a label that has been approved by the Environmental Protection Agency in registering the pesticide or is consistent with the most recent human health risk assessment performed under FIFRA shall be deemed a sufficient warning label for the purposes of an action commenced under any provision of state law concerning the duty to warn or label, or any other common law duty to warn; provided, however, that the provisions of this subsection shall not apply when a determination has been made by the Environmental Protection Agency that a manufacturer knowingly withheld, concealed, misrepresented, or destroyed material information regarding the human health risks of such pesticide in order to obtain or maintain approval of its label by the Environmental Protection Agency.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 2-7-171, enacted by Ga. L. 2025, p. 387, § 2/SB 144, effective July 1, 2025.

Effective date

This Code section became effective July 1, 2025.

Editor's notes

Ga. L. 2025, p. 387, § 1/SB 144, not codified by the General Assembly, provides: “The General Assembly finds that: “(1) Agriculture and its related industries contribute over $91 billion to Georgia’s economy, and Georgia farmers are the backbone of that activity; “(2) As the nation’s largest producer of peanuts and the second largest producer of cotton, Georgia farmers rely on inputs to grow their crops and keep yields high; “(3) Without reliable access to the most widely used crop protection products, costs to farmers could more than double; “(4) A domestic supply chain for crop protection products is critical to ensuring farmers have access to all the tools they need to grow food and fiber; “(5) Dependence on Chinese imports for critical ingredients in crop protection products creates supply chain vulnerabilities for the United States and opportunities for foreign adversaries to restrict access to crop protection products for American farmers; and “(6) Every effort must be made to strengthen the United States domestic production of pesticides, including clarifying regulatory authority of pesticide labeling.”

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t1-3-(v3)-pdf.pdf, Volume V3, 2019 edition, 2025 supplement, pages 33 to 34; merge action: added; file SHA-256 19703c1bece5.