02/27/2026

Legal Certainty Supports Tennessee Agriculture and Employers Alike

Legal Certainty Supports Tennessee Agriculture and Employers Alike

Written by Josh Brown President and CEO of the Tennessee Chamber of Commerce & Industry

A fair and predictable legal system is foundational to a strong economy. Businesses of every size, from family farms to manufacturers and suppliers, depend on clear rules and consistent standards to operate responsibly and invest with confidence. When companies comply with federal law, they should be able to rely on the regulatory framework established by Congress and federal agencies.

Tennessee’s House Bill 809 reflects that principle.

HB 809 would clarify that manufacturers and sellers of pesticide products registered with the U.S. Environmental Protection Agency and labeled in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act should not face state level civil liability based on labeling claims that conflict with federally approved standards. In essence, the bill reinforces alignment between Tennessee law and existing federal regulatory determinations.

Agriculture is not separate from our business community. It is one of Tennessee’s most important industries, and its farmers, suppliers, manufacturers, and retailers depend on the same legal certainty as every other employer in our state.

This is not about providing immunity or excusing misconduct. It is about ensuring that businesses operating in full compliance with federal law are not subject to inconsistent and unpredictable legal standards in individual state courts. Congress established the Federal Insecticide, Fungicide, and Rodenticide Act to create a uniform, science-based framework for evaluating pesticide safety, labeling, and use. The Environmental Protection Agency’s review and approval process is extensive and rigorous. When a product bears an approved federal label, it reflects careful scientific and regulatory judgment about appropriate warnings and usage requirements.

Allowing state level failure to warn claims that effectively impose different labeling requirements risks undermining that uniform federal system. It creates uncertainty for manufacturers, suppliers, retailers, and ultimately for the farmers who depend on these products to protect crops and maintain a stable food supply.

On February 18th, President Trump issued an Executive Order which supports farmers’ access to crop protection products. Glyphosate is critical to Tennessee’s farmers and has

a scientifically proven record of being safe and should be produced domestically. Lawmakers in the General Assembly and Congress should follow President Trump’s lead in ensuring farmers and businesses can thrive by providing legal certainty.

The broader national context underscores why clarity is needed. The United States Supreme Court is set to hear Durnell v. Monsanto, a case that will examine the extent to which federal pesticide law preempts certain state law labeling claims. The question before the Court goes to the heart of federal uniformity and whether Congress intended federally approved labeling to serve as the governing standard nationwide.

At the same time, draft language in the pending federal Farm Bill includes provisions intended to clarify the interaction between federal pesticide regulation and state level liability claims. The House Agriculture Committee is scheduled to markup that legislation on February 23rd and we encourage the Tennessee Congressional delegation to support this provision as the Farm Bill works through the process. These developments demonstrate that policymakers at the federal level recognize the importance of resolving ambiguity in this area of law.

Ideally, this issue should be addressed comprehensively by Congress. Federal uniformity is most effective when it is clearly articulated at the national level. However, in the absence of definitive federal clarification, states are left to navigate uncertainty that affects their agricultural economies and broader business communities.

HB 809 represents a prudent step to reinforce legal predictability within Tennessee while remaining consistent with federal regulatory authority. A stable legal environment benefits not only manufacturers but also farmers, distributors, and consumers. It encourages continued investment, supports agricultural productivity, and reduces the risk of conflicting obligations that can increase costs throughout the supply chain. And it demonstrates to businesses outside of the agricultural space that they will not be put into an untenable legal position as a condition of complying with federal law.

Tennessee has long demonstrated its commitment to both economic growth and responsible regulation. Ensuring that businesses operating in good faith under federal standards are treated fairly under state law is consistent with that tradition.

A coherent and predictable legal framework is not a special interest. It is a prerequisite for a healthy economy. HB 809 advances that objective and merits thoughtful consideration and support.