Monsanto v. Durnell · ¶64

Durnell is incorrect. Again, FIFRA empowers EPA to “prescribe regulations to carry out the provisions of [FIFRA].” 7 U. S. C. §136w(a)(1). And FIFRA expressly directs EPA to register pesticides and “determin[e]” that the pesticide’s “labeling” complies with FIFRA’s many specific requirements. §136a(c)(5)(B). During that extensive registration process, EPA critically evaluates the pesticide’s label to ensure that the label contains all warnings necessary to protect human health. After EPA makes a determination about the appropriate warnings for a pesticide’s label, a manufacturer is legally required to use that label unless and until EPA subsequently approves or requires a new label. See 40 CFR §§152.44(a), 156.70(c). Under FIFRA’s preemption provision, those federal labeling requirements displace any additional or different state-law requirements.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.