WASHINGTON, D.C. – Fifty-four national farm groups recently sent a letter to the Biden Administration, asking them to withdraw a brief that advises the U.S. Supreme Court against taking up a case regarding pesticide labels – specifically citing the popular herbicide glyphosate.

The groups said they are concerned about whether the state of California can require a cancer warning label for glyphosate when the herbicide is not considered to be a carcinogen, according to the EPA.

In the May 10 brief, U.S. Solicitor General Elizabeth Prelogar advised the Supreme Court against taking up a case concerning whether state pesticide labels can conflict with federal labels.

According to the brief, federal law and regulations do not prevent states from imposing their own labeling requirements, even if those labels run counter to federal findings.

“By opening the door to an impractical patchwork of state pesticide labeling requirements, farmer and user access to these tools would be threatened,” the group said in the letter. “Such action would reduce crop yields at a time when lives depend on us producing every bushel possible.”

The groups are also concerned the new policy could ultimately hinder the ability of U.S. farmers to help meet growing global food needs intensified by the war in the Ukraine.

Among the 54 groups asking for the withdrawal of the brief are the American Farm Bureau Federation, the American Soybean Assoc., the National Corn Growers Assoc., the National Assoc. of Wheat Growers, the National Cotton Council, and the American Sugarbeet Growers Assoc.

“Farmers utilize science-backed crop protection tools on their farms to produce safe, nutritious food,” said Zippy Duvall, American Farm Bureau Federation president. “Allowing labels that conflict with existing conclusions and EPA studies will add to a greater misunderstanding of the crucial role pesticides play in enabling farmers to grow healthy, affordable food for America’s families.”

Brad Doyle,  American Soybean Assoc. president, and Weiner, Ark., soybean farmer, said, “Federal law is clear that pesticide labels cannot be false or misleading.”

“Allowing states to require health warnings contrary to decades of sound science is beyond disturbing, and obviously not in line with federal law,” he said. “I and other farmers are concerned this new policy will open the floodgate to a patchwork of state labels that will undermine grower access to safe, effective pesticides needed to farm productively and sustainably.”

The Indiana Farm Bureau told Farm World in a June 1 statement that it also “does not want to see a patchwork of state pesticide labeling requirements.”

“The Environmental Protection Agency has not determined that glyphosate is a carcinogen; therefore, labels representing glyphosate as a carcinogen would be inconsistent with the EPA’s position, and would violate provisions of the Federal Fungicide, Insecticide and Rodenticide Act preventing states from adding or changing pesticide labeling.

“Since the EPA has not determined that glyphosate is a carcinogen under (the Federal Fungicide, Insecticide and Rodenticide Act), any contrary representation would be false and misleading,” the Indiana Farm Bureau added.

“Supplying wheat to the world is more important than ever, given the unprecedented times with Russia’s invasion of the Ukraine,” said Nicole Berg, National Assoc. of Wheat Growers president, and Paterson, Wash., wheat farmer. “Together, Russia and the Ukraine make up one-third of the world’s wheat exports, and the disruptions we are seeing will certainly impact food supply.

“Aside from the war, U.S. wheat growers are experiencing extreme weather conditions threatening the quality of their crops this year,” she added. “(Seventy-five) percent of the winter wheat production in the U.S. is in a severe drought. The National Assoc. of Wheat Growers is concerned this new policy would undermine access to safe and effective crop protection tools that play a critical role in helping feed the world.”

Nate Hultgren, American Sugarbeet Growers Assoc. president, and Wilmar, Minn., sugarbeet farmer, said, “Allowing states to supersede federal pesticide labeling requirements will create massive uncertainty, confusion, and add to significant supply chain disruptions.”

Chris Edgington, National Corn Growers Assoc. president, said, “In the coming months, farmers will have to work even harder to address worldwide food shortages, and a patchwork of state regulations will jeopardize access to the critical farm supplies they need.”