# Agriculture PFAS Liability Protection Act of 2023

This bill protects farmers and agricultural businesses from being sued over PFAS contamination. PFAS are "forever chemicals"—synthetic substances used in many products like non-stick cookware, water-resistant clothing, and firefighting foam that don't break down in the environment. They've been found contaminating soil and groundwater across the country, and people exposed to them have raised health concerns.

The bill shields farmers from legal liability if PFAS gets into their soil or water, as long as they didn't intentionally cause the contamination. This means if a farmer's land becomes contaminated with PFAS from an outside source—like runoff from a nearby industrial facility, airport, or military base that uses firefighting foam—they can't be held responsible in court. The protection applies even if the contamination damages their property or makes their land harder to farm. Essentially, the liability shifts away from farmers and toward whoever actually released the PFAS chemicals.

The practical effect is significant for rural communities and agricultural operations. Farmers won't have to worry about expensive lawsuits if PFAS shows up on their property through no fault of their own. However, this also means that people living near farms who might be harmed by PFAS contamination would have a harder time holding anyone accountable if the chemicals came from agricultural sources. Environmental groups worry this could reduce pressure on polluters to clean up contamination, since farmers—often the visible landowners—are protected from lawsuits that might otherwise force cleanup efforts.

Agriculture PFAS Liability Protection Act of 2023

Lummis, Cynthia M.

Agriculture PFAS Liability Protection Act of 2023 This bill exempts producers and harvesters of agricultural products from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for the release of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. However, liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acted with gross negligence or willful misconduct. PFAS are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.