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Abstract

The American people have long believed that nutrition is the main factor they should consider when purchasing produce. However, Americans are starting to worry that pesticides are infiltrating their food, namely their fruits and vegetables, and they would not be incorrect. Across many studies, surveys consistently find that 60% of Americans believe pesticides are bad for their health and have admitted to refraining from buying produce due to pesticide labeling. Only one in four Americans trusts the federal government with the responsibility of trustworthy and safe pesticide use.

Because of this, the United States Environmental Protection Agency (EPA) has worked to implement pesticide regulations. These regulations emanate from the passage and implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which restricts the usage of pesticides in the United States. Contained within this act are preemption provisions, or instances where the federal government can override state laws regarding pesticide use and regulation. These preemption provisions have been challenged in numerous cases before both state and federal courts, specifically regarding whether the federal government can wield this power.

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