Image Credit: capitol.tn.gov
The Tennessee Conservative [By Olivia Lupia] –
A controversial bill which has sparked massive public pushback for the second consecutive year as it would shield pesticide manufacturers from certain legal liabilities has been taken off notice, but that may not mean the legislation is completely dead.
HB0809, sponsored by Rep. Rusty Grills (R-Newbern-District 72), is designed to limit liability for pesticide manufacturers in tort cases involving injury to consumers.
The legislation provides that a manufacturer or seller would not be liable in a civil action “related to the labeling of the pesticide, including a products liability action alleging a failure to warn… if the pesticide bore a label approved by the EPA under FINRA at the time of sale.”
After significant constituent resistance last year, including from health advocacy organizations, HB0809 was deferred to 2026 and set to be revived by the House Judiciary Committee for consideration on Wed., Jan. 21.
Reports indicate that representatives of Farm Bureau, who supported the bill, packed the committee meeting, but it was announced the bill had been taken off notice, meaning the bill sponsor requested the bill no longer be heard or voted on by the committee.
A bill can be taken off notice for a multitude of reasons including the sponsor believing they will not have enough votes to support the legislation, many times due to public notice and outcry.
Grassroots advocacy organization Tennessee Stands recorded over 23,000 emails via their call-to-action campaign urging committee members to vote “No”, and inside sources told The Tennessee Conservative that legislators were being bombarded with calls, emails, and in-person visits leading up to the committee hearing.
Bernadette Pajer, of Stand for Health Freedom Tennessee (SFH), provided comments to The Tennessee Conservative sharing her perspective on the key factors that led to this victory: constituent involvement and the willingness of bill sponsor Rep. Grills to listen to groups like SFH who provided thoughtful and respectful opposition.
“The biggest factor was the relentless work of the grassroots groups and their members, individuals and families, and MAHA moms, all who never stopped researching the issue and educating legislators,” she said.
“I think it all became a storm of public voices [Wednesday] because it was learned that Rep. Marsh, a co-sponsor of HB 809, was likely going to be joining the Judiciary Committee in time for the vote. As ‘Speaker Pro Temp’ he has the authority to join any committee at any time, but as I told members of Stand for Health Freedom as the volunteer TN Director, if Rep. Marsh joined the committee, it would undermine the integrity of the legislative process and weaken the trust Tennesseans place in their representatives. Committees should reflect thoughtful, transparent governance—not tactical gamesmanship designed to influence outcomes on high-stakes legislation.
The second factor was Rep. Grills himself. For the past year, in session and out of session, and especially this last week, Grills gave those of us [who] oppose the legislation his time and attention. He treated us with respect, even when we disagreed. I pray he continues to heed our concerns and leaves the bill off notice until it dies a quiet death at the end of session or gets it over with quick by withdrawing the bill completely now.
Constituent input, specifically, is always extremely important and it was [Wednesday], too. Many people came to the legislature for the first time in their lives to speak in person with their own representative to ensure their voice was heard. For far too long, lobbyists have outnumbered citizens in the halls.”
The persistence of voters urging their elected representatives to act in their best interests, instead of those of chemical manufacturers, may have played a large part in once again swatting down this legislation. But it is worth noting this action may not be the final death knell for this bill.
While being taken off notice generally means the legislation will not see any further action during the current legislative session, and may well indicate it has been generally killed, the bill may be put back on notice and heard by the committee again at any time until the legislative session is concluded.
And constituents should be aware that there are other, quieter ways to slide a bill through the committee process to avoid public notice. One of these methods is a caption bill, wherein a bill is deliberately introduced with a broad or misleading description in order to be later revamped by lawmakers, often through wide-ranging amendments which can completely alter a bill.
Pajer also addressed this concern while discussing the future, if any, she sees for the legislation.
“There certainly is evidence that the folks that brought the bill to TN–German Giant Chemical and Drug Company Bayer–and their chief partner in TN–the Farm Bureau–are scheming to draft yet another useless amendment or try some other political trick. After the hearing, they were on their phones, huddling in conversation, and even co-opted an empty hearing room to hold an impromptu meeting.
I’ve been accused of being a Pollyanna. I like to say I’m a hopeless optimist. Most legislators are truly listening. I’ve only seen a few whose faces and eyes have conveyed complete unwillingness to listen. I think many are struggling, feeling pressure from multiple directions, and confused by what they are being [told] the bill does versus what the actual words in the bill do. The more legislators learn about the federal and state pesticide laws, the EPA, and the history of pesticide industry fraud, the more they are able to see the lobbyist spin.”
While there has not yet been any firm indication that HB0809 will be revived or pushed through a caption bill, those who have been following this bill would be wise to remain vigilant, especially as the full Senate has already passed its version, SB0527.
“I encourage everyone to stay alert and involved,” Pajer urged. “HB 809 could move again, or another bill could be filed, or a ‘caption bill’ could suddenly be amended to become a liability shield bill. Continue to engage with your own legislators and educate them on this subject so that if the bill comes back and ends up on the House floor, the no votes will prevail.”
For those interested, Stand for Health Freedom offers legislative alerts and educational materials on this and other health freedom subjects that arise in the Tennessee General Assembly.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
