Nebraska Attorney General Mike Hilgers and Iowa Attorney General Brenna Bird have spearheaded an 11-state coalition petitioning the U.S. Environmental Protection Agency (EPA) to establish uniform labeling requirements nationwide, effectively preempting California’s Proposition 65. Currently, states can mandate manufacturers to label products with health information that may contradict the EPA's assessments of a product's health effects. California’s Prop 65 mandates that products containing glyphosate be labeled as likely carcinogenic, despite the EPA's conclusion that the herbicide does not pose a risk to human health.
"One State should not be able to impose its ideologically-driven views on essential farming products on the rest of the country,” said Attorney General Hilgers. “If adopted, our proposed rule would streamline the labeling process, dispel consumer confusion, and ensure that those who help put food on our tables can do their jobs without getting caught up in the red tape of 50 separate States. Our proposed rule advances the rule of law and lifts a burden on the farming industry that drives Nebraska’s economy.”
The existing system of varied labeling requirements has resulted in prolonged litigation and has left manufacturers and farmers uncertain about their legal responsibilities and the health impacts of certain products. The Supreme Court, Department of Justice, and multiple federal courts of appeals have acknowledged that the EPA possesses the authority to implement a rule similar to what is proposed in this petition for rulemaking.
Joining Attorney General Hilgers in this petition are attorneys general from Alabama, Arkansas, Georgia, Indiana, Iowa, Louisiana, Montana, North Dakota, South Carolina, and South Dakota.