The Agriculture Labeling Uniformity Act

By Corey Lacey, Ph.D. ISA Publc Policy Manager

Pesticides are critical for farmers to produce abundant food, feed, and fiber supply and implement important conservation practices. The primary statute governing pesticides, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), places the Environmental Protection Agency (EPA) as the authority to make science-based decisions on how pesticides should be labeled. Unfortunately, in recent years, some states have taken actions that directly contradict the EPA’s scientific findings. Furthermore, these actions, if allowed, will likely create an unworkable, inconsistent patchwork of state or municipal pesticide labels that can quickly disrupt commerce and threaten farmers’ access to needed tools. Without the certainty of EPA-approved, science-based, nationwide labels, the availability of current and future pesticides is at risk, placing many farm operations in danger of failing. The bipartisan Agricultural Labeling Uniformity Act (HR 4288) introduced by Representatives Dusty Johnson (R-SD) and Jim Costa (D-CA) would reaffirm EPA’s authority to provide uniform pesticide labeling policy and prevent state and local governments from adopting labels that would create inconsistency nationally, disrupting our growers access to these tools. Contrary to some rumors, the bill does not address the health implications of any specific pesticides, does not offer protections, it only maintains the established, longstanding policy around pesticide labeling in the U.S.

In Illinois, there are over 72,000 farm operations, covering 27 million acres (75 percent of the state’s land area) generating over $25 billion annually in agricultural commodities. Additionally, billions of dollars are contributed to the state’s economy from agriculture related industries (retail; manufacturing; processing; sustainable aviation fuel, biodiesel, and ethanol production). Providing jobs and other economic benefits to both urban and rural areas of the state. Pesticides are essential to the pest and weed management of these Illinois farm operations; therefore, access to these tools by our farmers is key to sustaining and growing the economic value of agriculture in our state. Some estimates suggest that without access to pesticides, crop losses for Illinois growers from weeds, pests, and disease pressure could double, creating major economic issues statewide. Alternatively, the financial benefit to Illinois farm families is clear, farmers can see an estimated $14 return on every dollar spent on pesticides.

Additionally, these products are a key conservation tool; helping farmers incorporate important best management practices such as no-till and cover cropping into their farm operations. For both economic and conservation purposes it is essential to protect farmers’ access to pesticides.

Since 1972, FIFRA gives the EPA exclusive authority to determine labeling and packaging requirements for pesticides. As part of the review process, FIFRA requires the agency to evaluate human health and environmental risks before any pesticide is registered. That process includes thorough scientific review and regular evaluation of new information to ensure the continued safety of new and existing products. Additionally, the EPA cannot approve pesticides unless they confirm there are no unreasonable adverse effects to the environment or humans.

These considerations go into the final label and packaging requirements determined by the EPA. However, in recent years, some states have begun to bypass the agency’s authority and impose labeling requirements that contradict their science-based findings. One example is the recent effort to create a California specific label for glyphosate, listing it as a probable carcinogen. In 2019, the EPA rejected these efforts, writing that “EPA scientists have performed an independent evaluation of available data” and “concluded that glyphosate is not likely to be carcinogenic to humans.” Additionally, the EPA observed that their finding considered a more extensive dataset then the International Agency for Research on Cancer, whose conclusion California’s label was based on, and was also consistent with other international expert panels and regulatory authorities.

However, in 2022, despite no change in EPA’s assessment of glyphosate, the Agency granted California’s request for a special label. Setting aside the glyphosate debate, for which it must be noted, a large body of research suggests it is not a likely carcinogen. These steps pose a threat to pesticide access nationally because they create a potential patchwork of conflicting labels disrupting commerce and limiting farmers’ access to needed crop protection products. As noted earlier, this threat would be addressed by the Agricultural Labeling Uniformity Act (HR 4288). However, due to partisan issues in Congress, this critical bill has so far been delayed. The Illinois Soybean Growers (ISG) encourages all members of the Illinois farm family to reach out to their representatives in Washington D.C. and ask them to show their support for Illinois farmers by co-sponsoring this bill. To find out how to contact your local representative or learn more about how you can support Illinois ag by becoming an Illinois Soybean Growers member, email govrelations@ ilsoy.org.