Florida Senate - 2026                                     SB 518
       
       
        
       By Senator Truenow
       
       
       
       
       
       13-00985-26                                            2026518__
    1                        A bill to be entitled                      
    2         An act relating to products liability actions under
    3         the Florida Pesticide Law; creating s. 487.082, F.S.;
    4         prohibiting a pesticide-related products liability
    5         action based on a manufacturer’s failure to warn if
    6         the pesticide’s label meets specified conditions;
    7         providing an exception; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 487.082, Florida Statutes, is created to
   12  read:
   13         487.082 Products liability actions.—A products liability
   14  action under this part based on a failure to warn may not be
   15  brought or maintained with respect to any pesticide registered
   16  with the United States Environmental Protection Agency under the
   17  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7
   18  U.S.C. ss. 136 et seq., if the label for such pesticide is:
   19         (1) Approved by the United States Environmental Protection
   20  Agency;
   21         (2) Consistent with the most recent human health risk
   22  assessment performed under FIFRA; or
   23         (3) Consistent with the United States Environmental
   24  Protection Agency’s carcinogenicity classification of the
   25  pesticide under FIFRA.
   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.
   34         Section 2. This act shall take effect July 1, 2026.