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Tell House Committee to Vote NO on SB 199
Do not give pesticide manufacturers a liability shield in Kentucky courts.
It is a strong possibility that the KY House Agriculture Committee will be hearing Senate Bill (SB 199) this Tuesday, March 10th. The bill has already passed the Senate Agriculture Committee and the Senate floor. It is imperative that you act and get others in Kentucky to do so too. The committee members are reporting they have not heard from farmers who are opposed to this legislation. If you are a farmer, please mention so when contacting committee members.
SB 199 is being presented as a labeling measure, but it is in fact a sweeping liability shield for pesticide manufacturers. The bill would declare that if a pesticide has an EPA-approved label, that label automatically qualifies as a “sufficient warning” under Kentucky law. This would block Kentucky citizens from bringing failure-to-warn claims in state court, even if companies knew about additional health risks that were not properly disclosed. Kentucky should not voluntarily surrender its authority to protect its own citizens and property owners.
ACTION TO TAKE
1. Call 800-372-7181 and leave a message for all members of the House Agriculture Committee and for your own representative. See members listed below after the Talking Points.
The operator will ask for your name and address. You can say:
“My name is [Your Name] and I live at [Your Address]. I would like to leave a message for all members of the House Agriculture Committee and for my own representative. Please vote NO on SB 199.”
That is sufficient. A staff member will transcribe your message and deliver it to the committee members.
2. Email all the House Agriculture Committee members by copy and pasting this email block:
chad.aull@kylegislature.gov; ryan.bivens@kylegislature.gov;
anne.donworth@kylegislature.gov; Myron.Dossett@kylegislature.gov;
daniel.fister@kylegislature.gov; chris.freeland@kylegislature.gov;
david.hale@kylegislature.gov; Mark.Hart@kylegislature.gov;
kim.holloway@kylegislature.gov; kim.King@kylegislature.gov;
matthew.koch@kylegislature.gov; candy.massaroni@kylegislature.gov;
shawn.mcpherson@kylegislature.gov; adam.moore@kylegislature.gov;
jt.payne@kylegislature.gov; Sarge.Pollock@kylegislature.gov;
rebecca.raymer@kylegislature.gov; sarah.stalker@kylegislature.gov;
nancy.tate@kylegislature.gov; Walker.Thomas@kylegislature.gov;
james.tipton@kylegislature.gov; joshua.watkins@kylegislature.gov
HOUSE AGRICULTURE COMMITTEE MEMBERS
Rep. Myron Dossett,Chair
Rep. Daniel Fister, Vice-Chair
Rep. Chad Aull
Rep. Ryan Bivens
Rep. Anne Donworth
Rep. Chris Freeland
Rep. David Hale
Rep. Mark Hart
Rep. Kimberly Holloway
Rep. Kim King
Rep. Matthew Koch
Rep. Candy D Massaroni
Rep. Shawn McPherson
Rep. Adam Moore
Rep. J.T. Payne
Rep. Michael “Sarge” Pollock
Rep. Rebecca Raymer
Rep. Sarah Stalker
Rep. Nancy Tate
Rep. Walker Wood Thomas
Rep. James A. Tipton
Rep. Joshua Watkins
TALKING POINTS
1. SB 199 creates automatic legal protection for pesticide companies. If a pesticide has an EPA-approved label, the company is automatically considered to have provided a sufficient warning under Kentucky law.
2. This shifts responsibility away from manufacturers and onto a federal agency. Even if a company knew about additional risks, it would still be shielded unless the EPA formally finds fraud, which almost never happens.
3. The fraud exception is ineffective. The bill only removes the shield if the EPA formally determines that a company knowingly concealed or misrepresented material information. Such findings are extremely rare.
4. Kentucky would be voluntarily limiting its own courts. This bill prevents Kentucky juries from holding companies accountable under state law and hands that authority to a federal regulatory agency.
5. It weakens market accountability. When companies are immune from liability, they have less incentive to fully disclose risks and act responsibly.
SB 199 protects manufacturers, not Kentucky families, farmers, or property owners. It removes a longstanding state-level safeguard and limits the rights of Kentucky citizens to seek justice in their own courts.
LINKS
Bill page for SB 199: https://apps.legislature.ky.gov/record/26RS/sb199.html
House Agriculture Committee Page: https://legislature.ky.gov/Committees/Pages/Committee-Details.aspx?CommitteeRSN=339&CommitteeType=House+Standing+Committee
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