Senate passes bill defining duty to warn in pesticide civil actions
Mar 06, 2026
Senate passes bill defining duty to warn in pesticide civil actions
March 5, 2026
Sen. Jason Howell, R-Murray, speaks on Senate Bill 199, on the Senate floor. A high-res version is available here.
FRANKFORT — – Legislation establishing EPA-approved warning labels as sufficient warning u
nder Kentucky state law for purposes of duty-to-warn and failure-to-warn claims in civil court actions advanced Thursday in the Senate.
SB 199, sponsored by Sen. Jason Howell, R-Murray, would make Kentucky law on failure-to-warn causes of action consistent with federal determinations on warnings, preventing state courts from imposing different warning requirements.
“This bill states that EPA warning labels are the standard of care in civil actions coming out of failure-to-warn claims,” Howell said.
Howell also said that the bill was an attempt to help Kentucky farmers preserve their ability to effectively work their land.
“I want to preserve farming for future Kentuckians, and preserve the things and the tools that we need in agriculture, to keep it sound, and help us continue in our proud agricultural heritage in Kentucky.”
The bill spurred debate on the chamber floor.
One supporter, Senate President Pro Tempore David P. Givens, R-Greensburg, said that EPA regulations around pesticides were strict enough to serve as the standard.
“I want to offer some comfort because I stand behind the counter at the farm store, and I know the regulatory environment. The system has lots of built-in safeguards to allow us to enjoy that safety, abundance, convenience, and affordability that farming supplies,” Givens said.
Others spoke against the measure, including Sen. Shelley Funke Frommeyer, R-Alexandria, who argued that it removes from pesticide manufacturers an important reason to innovate.
“This devastates me to vote no, but it does look like we are giving every pesticide manufacturer some amount of approval not to keep making their products better or safer, or better understand what is happening,” Frommeyer said.
Senate Minority Whip Cassie Chambers Armstrong, D-Louisville, said that the bill would take away from injured individuals the ability to recover for any injuries they sustain from pesticides.
“This bill says that even if a company chooses not to know, even if a company is negligent, even if they violate their standard of care, you do not get compensation from them. They do not have to pay you for the injury they caused,” Chambers Armstrong said.
thers noted that farmers were often the ones most exposed to pesticides.
However, Sen. Aaron Reed, R-Shelbyville, said that he voted for the bill because of his constituents.
“I cast a yes vote, and I do so reluctantly because I am a champion of medical freedom,” he said. “However, I could not find one farmer in my district to tell me to vote no on this bill. Every farmer I talked to told me to vote yes.”
Sen. Robin L. Webb, R-Grayson, said that the bill was important because it would help farmers meet demand for their crops.
“Until there is an alternative to the production pressure that is put on our farmers, I cast a yes vote,” Webb said.
SB 199 now heads to the House.
The post Senate passes bill defining duty to warn in pesticide civil actions appeared first on The Lexington Times.
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