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• Eleven Republican AGs filed a petition for rulemaking to the EPA demanding that it amend its regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) regarding additional labeling or packaging requirements imposed under state law for products subject to FIFRA.
• In the petition, the AGs argue that the EPA must amend the FIFRA regulations to impose uniform national labeling requirements which would preempt laws like California’s Prop 65, which requires manufacturers to label products containing glyphosate as likely carcinogenic. The AGs argue that, even though Prop 65 is no longer enforceable under a recent ruling by the U.S. Court of Appeals for the Ninth Circuit, manufacturers and farmers will face uncertainty about their legal obligations unless and until the EPA clarifies that any statements or representations on a label concerning a product’s carcinogenic potential or other public-health risks that are not required by EPA constitute misbranding.
• The petition for rulemaking requests that the EPA amend its regulations to impose uniform labeling requirements and preempt state laws imposing additional labeling or packaging requirements than those require by the EPA.