Scope of Proposed Legislation to Limit Civil Liability for Pesticide Manufacturers and Sellers - Articles

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Scope of Proposed Legislation to Limit Civil Liability for Pesticide Manufacturers and Sellers

Posted by: Azya Thornton on Mar 3, 2026

Court: TN Attorney General Opinions

Hearing Date: 01/13/2026

Opinion Number: 1

Question 1: Is the presence, absence, or content of pesticide labeling in accordance with Tenn. Code Ann. § 43-8-104 and/or the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) an essential element of a claim against a manufacturer or seller of a pesticide that is based on one or more of the following theories of liability: negligence; strict liability; breach of warranty; design defect; inadequate testing; inherently unsafe for the intended use; deviation from intended design during production; and assurances of product quality or safety?

Opinion 1: It depends on the specific allegations asserted against the manufacturer or seller.

Question 2: Would passage of Senate Bill 527/House Bill 809 allow manufacturers to use labeling of a pesticide in accordance with Tenn. Code Ann. § 43-8-104 and/or FIFRA as a defense against theories listed in Question 1?

Opinion 2: It depends on the specific allegations asserted against the manufacturer.

Question 3: If Senate Bill 527/House Bill 809 becomes law, will a person who is injured by a pesticide that is labeled in accordance with Tenn. Code Ann. § 43-8-104 and/or FIFRA be able to maintain a claim against the pesticide manufacturer? If yes, under which cause(s) of action and what elements would the injured person have to prove to establish a claim under such cause of action compared to the elements the injured person would have to prove to establish a claim based on negligence for failure to warn?

Opinion 3: See response to Question 2. The viability of a given cause of action would depend on what is alleged.

Question 4: Does Senate Bill 527/House Bill 809 bar civil actions for damages caused by a pesticide that are discovered before a pesticide’s label was approved or updated in accordance with Tenn. Code Ann. § 43-8-104 and/or FIFRA? After a pesticide’s label was approved or updated in accordance with Tenn. Code Ann. § 43-8-104 and/or FIFRA?

Opinion 4: As specifically phrased, we do not think that either of the respective queries posed through the above question admit definitive answers.

Question 5: Does Senate Bill 527/House Bill 809 violate 7 U.S.C. § 136a(f)(2)? Opinion 5 No. The proposed legislation would not “violate” the referenced federal provision.

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