No Movement on Pesticide Preemption as Passage of 2023 Farm Bill Delayed

On Saturday, Congress passed a continuing resolution (CR) to fund the federal government through Nov. 17, at current spending levels. “Given that this CR is a temporary fix, Congress will remain focused on a more permanent funding solution, which may delay both the House and Senate from introducing their respective farm bills later this fall,” said J.D. Darr, director, Legislative and Regulatory Affairs, National Pest Management Association.

According to Politico, leaders in both the House and Senate say their new goal is to pass legislation by the end of the year, when the bulk of agriculture programs expire. Darr said that timeline is optimistic and that “it’s looking like Spring or Summer 2024 is a more realistic timeframe for a final Farm Bill getting to [President Biden's] desk.”

Darr added that although the 2018 Farm Bill expired on Sept. 30, most USDA programs will remain funded through December 2023. Unlike when government spending lapses, when a farm bill lapses, most USDA programs remain operational. (Note, EPA programs are not impacted by the farm bill expiration given the bill reauthorizes USDA statute.) “Come winter, Congress may even entertain a temporary extension of the 2018 Farm Bill if the stalemate looks endless,” he said.

Included in the 2023 Farm Bill is language to codify the role of state lead agencies as co-regulators of pesticides alongside the U.S. Environmental Protection Age. As previously reported by PCT, NPMA and others have long argued that pest control oversight is best handled jointly by each state’s lead agency and the U.S Environmental Protection Agency (EPA). NPMA and its members have been working hard to encourage their congressional representatives to include preemption in the 2023 Farm Bill.

Darr added that any delay in the process should not impact the passage of a farm bill that includes state-level pesticide preemption. “NPMA and its members have discussed, and continue to discuss, the importance of state-level pesticide preemption with key members on the House and Senate Agriculture Committees, and we are in close contact with folks on the Hill who are eager to get to work on the farm bill once a full suite of government funding bills are passed and signed into law.”