Monsanto v. Durnell · ¶100

To analyze the reach of FIFRA’s preemption provision, I begin, per usual, with the statute’s text. See Chamber of Commerce of United States of America v. Whiting, 563 U. S. 582, 594 (2011). To repeat: §136v(b) provides that a “State shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under” FIFRA. To distinguish the state laws this provision preempts from those that can continue unabated, one must, first, identify the “requirements” under FIFRA, and, second, determine whether the state law imposes requirements that are “in addition to or different from” (as opposed to the equivalent of ) those FIFRA requirements.

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