Monsanto v. Durnell · ¶66

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.

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