Monsanto v. Durnell · ¶87

The Act is a “comprehensive regulatory statute” that appears to regulate more than the Commerce Clause allows. Ruckelshaus v. Monsanto Co., 467 U. S. 986, 991 (1984). As this Court has acknowledged, the Act “regulate[s] the use, as well as the sale” of pesticides and “regulate[s] pesticides produced and sold in . . . intrastate . . . commerce.” Id., at 991–992. The Act, among other things, requires pesticide manufacturers to register their pesticides with the Environmental Protection Agency, submit information about them, and use EPA-approved labels before selling the pesticides anywhere. Ante, at 2–4. A manufacturer that does not use the approved label may be subject to civil and criminal penalties, regardless of whether the goods are sold in interstate commerce. Ante, at 4. And, the Act goes even further, making it illegal for consumers to use registered pesticides in ways…

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