I. Pesticide Safety Law
Section 1
No person may distribute,
sell or use any pesticide that will cause unreasonable adverse effects
on
human health or the environment.
Section 2
The Administrator of EPA
may order any person whom the Administrator determines has distributed,
sold, or used a pesticide
in violation of Section 1 to cease distribution, sale or use of the pesticide,
and the Administrator may
impose fines not to exceed $5,000 for each violation of Section 1.
II. Amendment to the Pesticide Safety Law
Section 3. Protection of farmworkers.
Section 3.1
In lieu of any remedies
available under State law, a farmworker may recover damages from their
employer in a grievance
proceeding held by EPA if the farmworker is injured by exposure to a
pesticide used by their
employer in violation of Section 1 of this Act.
Section 3.2
EPA may, in the course of
a grievance proceeding, adjudicate any counterclaim arising out of the
transactions or occurrences
that are the basis for the grievance proceeding.
III.
Question to think about: What limits would due process,
Article III, or the Seventh Amendment
place on Congress' authority to enact the Pesticide Safety Law and the
amended Section 3?