Liability Exemption is the Wrong Direction: The United States Should Phase Out of Toxic Pesticide

From MAHA Institute. Urgent Need for Evidence-Based Chemical Safety Reform

We call on Congress to strike Section 453 of the House Interior Appropriations Bill, which would codify federal pesticide immunity and strip the EPA of authority to update carcinogenicity classifications or human health assessments once a label is approved.

Executive Summary

MAHA Institute submits this policy briefing to address the urgent need for evidence-driven reforms to chemical safety policy in the United States. This statement outlines the scientific justification, regulatory failures, and actionable recommendations to phase out legacy agrochemicals—specifically glyphosate and atrazine—and replace them with regenerative and permaculture-based agricultural systems.

This transition is essential to protect public health, restore regulatory credibility, and align national policy with the overwhelming body of mechanistic, epidemiologic, and environmental evidence documenting harm from these chemicals.

We also strongly oppose Section 453 of the FY2025 House Interior Appropriations Bill, which would grant legal immunity to pesticide manufacturers by prohibiting the EPA from revising its human health or carcinogenicity assessments once a product label has been approved. This provision would effectively freeze federal safety evaluations for over 16,000 pesticide products, eliminate citizens’ legal recourse for pesticide-related injuries, and preempt state-level protections.

Context and Scientific Basis

Glyphosate-based herbicides are the most widely applied pesticides in the nation. A 2022 CDC biomonitoring study found glyphosate residues in the urine of 87% of American children. Independent analyses have confirmed its presence in breast milk, topsoil, food, rainwater, and even ambient air.

Mechanistic studies have demonstrated:

• Endocrine disruption impacting thyroid, adrenal, and reproductive hormone regulation

• Dysbiosis of the gut microbiome and compromise of the intestinal epithelial barrier

• Chelation of zinc, manganese, and other critical trace minerals

• Oxidative stress, impaired DNA repair, and tumorigenic potential

The World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen in 2015. The U.S. EPA’s original 1983 classification as a "Group C—possible carcinogen" was downgraded in 1985 after statistical reinterpretation of control group data under pressure from glyphosate's manufacturer. This remains one of the most emblematic cases of regulatory reversal inconsistent with the precautionary principle.

Atrazine presents a similar risk profile. The EPA's 2016 and 2022 risk assessments concluded that it exceeded chronic aquatic toxicity thresholds by up to 198 times and exhibited endocrine-disrupting properties at environmentally relevant doses. In 2024, a FIFRA Scientific Advisory Panel confirmed that atrazine’s CE-LOC required recalibration due to underestimated ecological and reproductive toxicity.

Policy Recommendations

1. Phase Out Glyphosate and Atrazine Within 36 Months

We recommend the cancellation of glyphosate and atrazine registrations under FIFRA Section 6, phased in over a 36-month timeline with appropriate transitional support for farmers. USDA, EPA, and HHS should coordinate the development of interagency guidance to facilitate this transition while preserving food system stability.

2. Prohibit Liability Shields in Federal Legislation

Efforts to preempt state authority or grant pesticide manufacturers immunity from civil liability through legislative riders—such as those proposed for inclusion in the 2025 Farm Bill—must be rejected. These provisions obstruct transparency, undermine judicial remedy, and contradict state-level initiatives designed to protect public health.

We specifically call on Congress to strike Section 453 of the House Interior Appropriations Bill, which would codify federal pesticide immunity and strip the EPA of authority to update carcinogenicity classifications or human health assessments once a label is approved. This would prevent courts from holding manufacturers accountable for harm caused by known or emerging risks.

3. Ensure Scientific Independence in Regulatory Oversight

To preserve scientific integrity, appointments to the EPA Office of Chemical Safety and Pollution Prevention and similar oversight positions must exclude individuals with recent or active affiliations with pesticide manufacturers or their trade associations.

We recommend:

• Creation of an independent science review panel to vet regulatory appointees for conflict of interest

• Public transparency registries for agency reviewers and consultants

4. Mandate Full Ingredient Disclosure for Pesticide Formulations

Current risk assessments are based solely on declared active ingredients. However, the full formulations—containing surfactants, adjuvants, solvents, and enhancers—often present greater toxicity.

We urge the reinstatement and implementation of the EPA’s 2009 ANPR on formulation transparency, with requirements for:

• Disclosure of all ingredients to researchers and clinicians

• Toxicological testing on full formulations

• Integration of non-active ingredient data into all risk assessments

5. Incentivize Regenerative and Permaculture-Based Agriculture

Chemical dependence is not an agricultural necessity. A growing body of evidence supports permaculture and regenerative practices as effective, economically viable, and ecologically restorative alternatives.

We recommend:

• Establishment of USDA grant programs for transitioning farmers

• Permaculture inclusion in NRCS conservation support programs (EQIP, CSP)

• Tax incentives for diversified cropping, composting, and biological pest control systems

6. Assert Bodily Autonomy and the Right to Protection from Involuntary Exposure

The involuntary absorption of carcinogenic and endocrine-disrupting pesticides by American children—without consent—raises constitutional and ethical concerns. Regulatory frameworks must recognize the principle of bodily autonomy and environmental justice as central to chemical safety policy.

Implementation Strategy

To operationalize these recommendations, we propose:

• Creation of a Federal Chemical Transition Task Force co-led by HHS, USDA, and EPA

• Prohibition of glyphosate-treated ingredients in federal nutrition programs (WIC, SNAP, school meals)

• Establishment of a national Chemical Exposure Transparency Database under HHS

• Support for MAHA Commission alignment to inform national guidance on phasing out toxic inputs

Conclusion

This is a generational moment. By phasing out glyphosate and atrazine, strengthening transparency, restoring scientific independence, and promoting regenerative systems, Congress and federal agencies can restore public trust, protect health, and support ecological resilience.

MAHA Institute affirms its readiness to support this transition with scientific evidence, expert collaboration, and implementation resources.