FI-FRActured Policy: Problematic Preemption Provisions Under The EPA'S FIFRA

The American people have long believed that nutrition is the only factor they should consider when purchasing produce. However, Americans are starting to worry that pesticides are infiltrating their food, namely their fruits and vegetables, and they would not be incorrect. Across many studies, surveys consistently find that 60% of Americans believe pesticides are bad for their health, and the same number of people have admitted to refraining from buying produce due to pesticide labeling. Only one in four Americans trust the Federal Government with the responsibility of trustworthy and safe pesticide use. Because of this, the Environmental Protection Agency, or EPA, of the United States has worked to implement pesticide regulations, with few exceptions. This resulted in the passage and implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which restricts the usage of pesticides in the United States. Contained within this act are preemption provisions, or times when the Federal Government can override state laws when it comes to pesticide use and regulation. These problematic preemption provisions have resulted in many cases being brought before the State Courts and Circuit Courts regarding whether or not the Federal Government can wield this power.