By Ruth Brown, Idaho Reports 

New legislation to limit liability for pesticide manufacturers is back in the Senate after the body killed a similar bill last month. 

Senate Majority Caucus Chairman Mark Harris, R-Soda Springs, sponsored the legislation, the third pesticide bill of the year, in Senate State Affairs on Tuesday. The bill is intended to limit the number of lawsuits brought against pesticide manufacturers.  

Another attempt

Like the last pesticide bills, it states the labeling on a pesticide from the U.S. Environmental Protection Agency is adequate warning regarding health and safety.  

The new bill applies only to existing products and their existing carcinogenicity classification as of July 1, 2024. The bill has a June 30, 2027 sunset. 

The first bill on pesticides, SB 1245, died in the Senate after lawmakers expressed concern people would be unable to sue at all should a pesticide harm them. The second, HB 653, never got a hearing in the House Business Committee. Harris confirmed Tuesday that HB 653 wasn’t moving forward. 

“I know it’s late in the session for this, but Idaho ag relies a lot on these pesticides,” Harris told the committee.  “Idaho is home to the only production of the element phosphorus in western hemisphere, of course in Soda Springs. It’s important to ag and it’s important to that state.” 

The legislation comes after a January decision in which a jury in Philadelphia ordered Bayer, the company that manufactures Roundup, to pay $2.25 billion to a Pennsylvania man who said he developed cancer from exposure to the weedkiller, according to Reuters.   

In committee, conservation groups testified in opposition to the bill. The Idaho Conservation League pointed to paraquat as an example of one that could be protected should the bill pass. Paraquat is an herbicide that’s been linked to Parkinson’s disease and is banned in more than 50 countries. Paraquat is a legal herbicide in the United States and has a sanctioned label from the U.S. EPA.  

The only no vote in advancing the bill came from Sen. James Ruchti, D-Pocatello. 

“I feel like this is a pretty heavy-handed approach being that it’s been used to get this bill here after our body rejected it in the first place,” said Ruchti.  

“We have certain going-home bills that take some time to get to the point where there’s enough support to advance them on both sides,” said Senate Pro Tempore Chuck Winder. “I think this is really important to the economics and the communities involved in providing this mining activity.” 

The bill was only printed on Tuesday and still must get a public committee hearing in the Senate. 

Campaign contributions

Bayer has shown up in several Idaho campaign finance reports this legislative session.

The Bayer PAC is registered with the Federal Elections Commissions and is not an Idaho political action committee, and the full extent of its political donations in Idaho is not yet available. But according to candidates’ campaign finance reports, Bayer has donated at least $15,000 since December of 2023 to Idaho candidates and political action committees.  

Winder and House Speaker Mike Moyle both reported a $1,000 donation from Bayer in January to their campaigns. Other members of leadership reported $500 contributions in January from Bayer, including Harris, House Assistant Majority Leader Sage Dixon, R-Ponderay, House Majority Caucus Chair Dustin Manwaring, R-Pocatello, and Senate Majority Leader Kelly Anthon, R-Burley.  

Bayer also gave $500 campaign contributions in January to Rep. Josh Wheeler, R-Ammon, and in December 2023 to Rep. Kevin Andrus, R-Lava Hot Springs, according to campaign finance reports.  

The Idaho Prosperity Fund, a political action committee affiliated with the Idaho Association of Commerce and Industry, received a $10,000 contribution from Bayer in January. The Prosperity Fund as of Tuesday hasn’t yet reported any contributions toward specific candidates, only $180 in general expenditures.  

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