The Pesticide Action Network said after acquiring Monsanto in 2018, the company Bayer has faced nearly 100,000 lawsuits and was eventually ordered to pay up to $10.9 billion to settle claims alleging its product Roundup, widely used in farm fields, caused cancer. (Adobe Stock)

North Dakota lawmakers have opted to side with farm chemical manufacturers facing legal challenges about the safety of their products.

The state has finalized an update that limits the scope of how warning labels on these products can be viewed by the courts. This week, Gov. Kelly Armstrong signed a bill which said for a product like the weed-killer Roundup, a label consistent with federal Environmental Protection Agency language is good enough when warning about potential hazards. The agency currently finds no evidence Roundup causes cancer.

Sam Wagner, field organizer for the Dakota Resource Council, is among critics of the plan. He said the EPA’s efforts and wording do not have enough teeth.

“The ‘sufficient warning’ clause basically would grant immunity to a company, saying that, ‘We have warned you and the label has adequately told you what the risks are. So, if you have developed cancer, then you have done it on your own accord,'” Wagner explained.

Farm groups backed the new law, arguing it helps keep products on the market to protect crops from pests and disease. Similar bills surfaced in states like Iowa, Missouri and Georgia this year. Other states, like California, require more detailed labels amid a wave of lawsuits against manufacturers, some of which led to large monetary awards for plaintiffs.

Wagner contended his group’s opposition is not just about high-profile products sold to farmers. He pointed to the roughly 1,600 chemicals registered with government agencies.

“Can you, with 100% certainty, say that every other chemical that we have — and will be made in the future — that they’re going to be able to get it 100% right?” Wagner asked.

Sen. Janne Myrdal, R-Edinburg, a farmer and bill supporter, said agricultural workers are well aware of the dangers thanks to the labeling and go to great lengths to protect themselves.

“There are strict label requirements on how you’re supposed to dress,” Myrdal pointed out. “You have rubber gloves, facial (and) eye (shields), long boots, all of those things when you deal with those chemicals. And you should do that, because that’s what the label said on some of these chemicals.”