Private right of action for injuries caused by pesticides

The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) is amended— (1) by redesignating sections 34 and 35 (7 U.S.C. 136x, 136y) as sections 35 and 36, respectively; and (2) by inserting after section 33 (7 U.S.C. 136w–8) the following: 34. Private right of action for injuries caused by pesticides (a) In general Any person the property or person of which is injured by a pesticide may bring a civil action in Federal district court against a registrant of the pesticide for monetary damages for injury to the property or person caused by the pesticide. (b) Recoverable damages Monetary damages that may be recovered in a civil action under subsection (a)— (1) include compensatory and punitive damages, at the discretion of the court; and (2) do not include attorney's fees or court costs. (c) Effect Nothing in this section shall preempt any State law claim..