KRS 217.565: Registered pesticide with EPA -approved master label -- When warning

deemed sufficient for purposes of duty to warn or label action -- Exception.

(1) Any pesticide registered for use with the Department of Agriculture, pursuant to

KRS 217.570, or the United States Environmental Protection Agency (EPA)

pursuant to the FIFRA as defined in KRS 217.544, and any regulations promulgated

thereunder, including but not limited to 40 C.F.R. pt. 156, that displays a label that

has been approved by the EPA in registering the pesticide or is consistent with the

most recent human health risk assessment performed under the FIFRA shall be

deemed a sufficient warning label for the purposes of an action commenced under

any provision of state law concerning the du ty to warn or label, or any other

common law duty to warn.

(2) This section shall only apply to any pesticide for which the EPA has approved a

master label that includes an Agricultural Use Requirements label in accordance

with 40 C.F.R. pt. 156.

(3) The provisions of this section shall not:

(a) Apply when a determination has been made by the EPA that a manufacturer

knowingly withheld, concealed, misrepresented, or destroyed material

information regarding the human health risks of such pesticide in order to

obtain or maintain approval of its label by the EPA; or

(b) Be interpreted to prohibit a cause of action based on any other provision or

doctrine of state law.