Earlier this month, Bayer officials said progress on controlling its Roundup liability litigation was a top priority, and in the next six months something had to develop to mark progress otherwise they’d stop being the only domestic manufacturer of glyphosate.
Today, North Dakota Governor Kelly Armstrong became the first to sign into law a bill reasserting federally approved pesticide labels are the law, and companies can not be subject to litigation when those laws are followed.
“This new law is crucial for providing the tools North Dakota’s farmers rely on to produce America’s food supply,” says Brian Naber, president, crop science North America and Australia/ New Zealand region. “Without crop protection tools, America’s consumers could face higher costs to provide for their families and put food on the table. By signing HB 1318, Governor Armstrong is supporting North Dakota’s farmers, America’s consumers and the decades of innovation that underpin the state’s proud agricultural history and vibrant economy.”
Read more: Roundup at a Crossroads: Bayer Lays Out Short-Term Window for Finding a Way Forward with Glyphosate
Starting last year, Bayer has worked at the state level with legislators to introduce legislation to put a focus around pesticide labels and liability. In 2024, Bayer focused the policy efforts in three states: Idaho, Iowa and Missouri. This legislative cycle, they’ve expanded to 10, which includes: Florida, Georgia, Iowa, Missouri, North Dakota, Oklahoma, Tennessee and others.
In North Dakota, HB 1318 details any pesticide registered with EPA and sold under a label consistent with EPA’s own determinations is sufficient to satisfy state label warning requirements for health and safety.
The bill had strong support in the North Dakota house and senate. Groups supporting the legislation included Modern Ag Alliance, North Dakota Corn Growers Association, North Dakota Department of Agriculture, North Dakota Farm Bureau, North Dakota Farmers Union, North Dakota Grain Growers Association, North Dakota Soybean Growers Association, Northern Canola Growers Association, Northern Pulse Growers Association.
Another state-level bill has passed in the Georgia house and senate and is awaiting action by Governor Brian Kemp.
In its statement, Bayer said: “The enactment of HB 1318 makes North Dakota the first state to reinforce the authority of the U.S. Environmental Protection Agency’s (EPA) science-based rulings that crop protection products are safe when used as directed.
“Crop protection products have transformed modern farming by enabling effective and safe weed management. Glyphosate has undergone rigorous testing and oversight, with the EPA and leading regulatory authorities worldwide consistently affirming its safety when used as directed. When the EPA makes its science-based conclusions around a product label, this new law ensures that stands.
“Bayer hopes the courts will begin applying this legislation to provide the legal certainty regarding claims about the health and safety warning labels on crop protection products.”
