H 443

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  HB 443  2026
1A bill to be entitled
2An act relating to products liability actions under
3the Florida Pesticide Law; creating s. 487.082, F.S.;
4prohibiting a pesticide-related products liability
5action for failure to warn if the pesticide's label
6meets specified conditions; providing an exception;
7providing an effective date.
8
9    Be It Enacted by the Legislature of the State of Florida:
10
11Section 1.        Section 487.082, Florida Statutes, is created
12to read:
13487.082      Products liability actions.—A products liability
14action under this part based on a failure to warn may not be
15brought or maintained with respect to any pesticide registered
16with the United States Environmental Protection Agency under the
17Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7
18U.S.C. ss. 136 et seq., if the label for such pesticide is:
19(1)     Approved by the United States Environmental Protection
20Agency;
21(2)     Consistent with the most recent human health risk
22assessment performed under FIFRA; or
23(3)     Consistent with the United States Environmental
24Protection Agency's carcinogenicity classification of the
25pesticide under FIFRA.
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 HB 443  2026
26
27    However, this section does not shield from liability a
28    manufacturer that the United States Environmental Protection
29    Agency determines knowingly withheld, concealed, misrepresented,
30    or destroyed material information regarding the human health
31    risks or carcinogenicity of a pesticide in order to obtain or
32    maintain approval of the label for the pesticide by the United
33    States Environmental Protection Agency.
34Section 2.        This act shall take effect July 1, 2026.
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