Monsanto v. Durnell · ¶65

Third, Durnell (also echoed by the dissent) seizes on one of FIFRA’s self-described “[m]iscellaneous” provisions, 7 U. S. C. §136a(f )(2), which provides that “[i]n no event shall registration . . . be construed as a defense for the commission of any offense under this subchapter,” but that registration is “prima facie” evidence of compliance with the registration provisions. Durnell argues that the fact of “registration” of a pesticide like Roundup could not serve as a defense to an EPA enforcement action for misbranding and therefore cannot serve as a defense in a state tort suit that parallels a federal misbranding action.

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