2月 5, 2026 - Wyoming SF 74 Introduced

Bayer introduced pesticide immunity legislation in Wyoming today – SF 74. https://www.wyoleg.gov/Legislation/2026/SF0074. If you have any contacts in Wyoming, please reach out to them to get them up to speed on the bill.

SF 74 is worded differently than other bills, but the effect is the same. SF 74 requires that the “health and safety” label on a pesticide “not vary in material respect” from the label registered with the EPA at the time of sale. Then, it eliminates “state common law requirements relating to pesticide labels or warnings.”

This is a significant departure from current law.

• FIFRA prohibits the sale of a pesticide whose label is false or misleading, even if the pesticide was previously registered.
• Wyoming common law requires companies to pay damages when a false or misleading product label causes catastrophic harm.  
• The Supreme Court in Bates held that state tort law may be enforced so long as it is consistent with FIFRA.
• State tort claims alleging a false or misleading label caused catastrophic harm are entirely consistent with FIFRA’s prohibition on false or misleading labels.

Therefore, under current law, if a pesticide label is registered, but nevertheless false or misleading, Wyoming citizens have a right to hold the company accountable.

SF 74 takes away that right to be fully informed of a pesticide’s dangers. The EPA’s registration would be conclusive, even if:  

• The registration was obtained by fraud on, or collusion with, the EPA;
• The registration is out of date because new dangers are now known, yet the company refuses to update its registration with the EPA, or
• EPA never reviewed the entire product formulation that proved dangerous, focusing only on the product's active ingredient.

SF 74 rewards deception, allowing companies to knowingly harm Wyoming residents as long as they can convince EPA to approve or maintain the registration of their pesticide.

SF 74 is not about one product or one company; it grants immunity from deception for over 57,000 pesticides registered under FIFRA. SF 74 covers all of these pesticides—including pesticide products manufactured overseas by hostile foreign governments, products used in our homes, schools, backyards, and fields, and products that cause cancer, Parkinson’s, birth defects, and infertility.