Chairman Peck opened the hearing on HB2476.

Tamera Lawrence, Senior Assistant Revisor, presented an overview of the bill.(Attachment 1) 

Ms. Lawrence stood for questions.

Proponent testimony

Randy Stookey, Senior Vice President of Government Affairs & General Counsel, Kansas Grain and Feed Association (KGFA) and Kansas Agribusiness Retailers Association (KARA) presented  testimony in support of the bill.  (Attachment 2) Nothing in the legislation would limit a plaintiff's right to bring suit for other product liability claims, such as defective design, defective manufacture, negligent testing or breach of express warranty.

Mr. Stookey stood for questions.

Elizabeth Burns-Thompson, Lobbyist, on behalf of Modern Ag Alliance presented testimony in support of the bill. (Attachment 3)  This bill does not alter or in any way reduce the duties or responsibilities of the manufacturers.

Ms. Burns-Thompson stood for questions.

Mark Behrens, Lobbyist, on behalf of U.S. Chamber of Commerce Institute for Legal Reform presented testimony in support of the bill. (Attachment 4)  Before any pesticide can be sold, its manufacturer must obtain approval from the U.S. Environmental Protection Agency (EPA) as part of a robust registration process that confirms human health and safety and includes approval of the labeling in accordance with strict federal requirements.

Mr. Behrens stood for questions

Steve Hitchcock, Govt. Affairs, Kansas Agriculture Aviation Association (KAAA)  presented testimony in support of the bill. (Attachment 5) It will give our members clarity and predictability as they provide their profession services in support of Kansas agriculture.

Mr. Hitchcock stood for questions.

Jay Armstrong, Board member, Kansas Wheat presented testimony on behalf of Chris Tanner in support of the bill. (Attachment 6) This bill would ensure that any pesticide that has already been registered with the EPA, and has been sold under a label consistent with the EPA, will satisfy health and safety requirements.

Mr. Armstrong stood for questions.

Jared Nash, First Vice President, Kansas Soybean Association presented testimony in support of the bill. (Attachment 7)  This bill addresses a critical issue facing Kansas farmers: the need for clear, consistent pesticide labeling standards that we can rely on when protecting our crops.

Mr. Nash stood for questions.

Josh Roe, CEO, Kansas Corn Growers Association(KCGA) presented testimony in support of the bill. (Attachment 8)  For decades, KCGA has been a leader in working with regulatory agencies on approving science-based labels allowing for the use of pesticides, and will continue to be at the table to ensure that environmental and application safety is at the forefront.

Mr. Roe stood for questions.

Brice Elnicki, Chief Revenue Officer at Ag Partners Cooperative, Representing Kansas Cooperative Council presented testimony in support of the bill. (Attachment 9) This legislation provides important clarity for our industry by confirming that pesticides registered with the EPA and labeled according to federal requirements satisfy Kansas warning and labeling obligations..

Mr. Elnicki stood for questions.

Eric Stafford, VP of Government Affairs, Kansas Chamber presented testimony in support of the bill. (Attachment 10) This bill provides clarity to state law on what constitutes sufficient warning language for pesticide products.

Mr. Stafford stood for questions.

The following provided written only testimony in support of the bill:

Aaron Popelka, VP of Legal and Governmental Affairs, Kansas Livestock Association (Attachment 11)

Claudia Hissong, Assistant Director of State Affairs, Kansas Farm Bureau (Attachment 12)

Opponent testimony

Carrie Barth, Former Representative House District 5 presented opponent testimony on the bill. (Attachment 13) Ms. Barth's opposition for this bill has increased as proper labeling of pesticide products is extremely important to the health and safety of those who not only use it, but those that are around it, or exposed to it through the consumption of it being on food.  

Ms. Barth stood for questions.

Tom Buller, Executive Director, Kansas Rural Center presented opponent testimony on the bill. (Attachment 14) They are opposed to this bill, because as it is currently written, it is designed to protect corporate profits not Kansas farmers and communities.

Mr. Buller stood for questions.

Zack Pistora, Kansas Director and State Lobbyist, Kansas Chapter of Sierra Club presented opponent testimony on the bill. (Attachment 15)  The pesticide label is an important safety mechanism as it discloses potential hazards of the pesticide to consumers and users.

Mr. Pistora stood for questions.

Blair Matyszczyk, Attorney, presenting for Callie Denton on behalf of The Kansas Trail Lawyers Association presented opponent testimony on the bill. (Attachment 16)  KTLA opposes the bill, despite the amendments added by the House, provides total immunity to all manufacturers with pesticides registered with the EPA.

Ms. Matyszczyk stood for questions.

Dr. Alexandra Munoz PhD, Toxicologist presented opponent testimony on the bill. (Attachment 17) This bill grants immunity to all pesticides regulated under FIFRA - that includes not just crop protection tools but all chemicals that are designed to be poisons. There are many instances where EPA approved labels lack important health warnings.

Dr. Munoz stood for questions.

Melissa Campbell, Private Citizen, presented opponent testimony on the bill. (Attachment 18) This is a dangerous bill that risks the safety of citizens by giving a German company immunity from liability for their product. This bill goes beyond the scope of labeling and reaches the risk of causing significant harms to Kansans.

Ms. Campbell stood for questions.

Tad Kramar, Private Citizen, presented opponent testimony on the bill. (Attachment 19) The bill says that if a pesticide label complies with certain federal requirements, the manufacturer cannot be liable for failure to warn of the pesticide's potential harms.

Mr. Kramar stood for questions.

The following provided written only in opposition to the bill.

Jill O'Connor, Kansas Precinct Committee Woman, Overland Park (Attachment 20)

Debbie Detmer, Kansas MAHA Council (Attachment 21)

Lyn Levine, Precinct Committee Person (Attachment 22)

Nick Levendofsky, Executive Director, Kansas Farmers Union (Attachment 23)

Chairman Peck closed the hearing on HB2476.