WASHINGTON — On Aug. 21, 170 legislators wrote to the House Agriculture Committee urging them not to include the Ending Agricultural Trade Suppression (EATS) Act in the 2023 Farm Bill.
The EATS Act would challenge laws like California’s Proposition 12, which was upheld by the US Supreme Court in May.
The legislation was proposed in June, following the Supreme Court’s Prop 12 ruling. The EATS Act prevents states from stipulating regulations on agricultural practices that would affect other states.
“We believe that Congress should not usurp the power of states to regulate food and agricultural products in a manner that is responsive to local contexts,” the legislators wrote. “We need not agree with every law or rule adopted by each state to adhere to this core principle of federalism. The federal government should play a complementary role to the states on agriculture policy, rather than rendering them powerless. H.R. 4417, like its precursors, remains extremely controversial. We urge you to reject inclusion of this provision or anything like it in the Farm Bill.”
According to the letter, 15 states have already enacted public health, food safety, and animal wellness standards for in-state production and sale of agricultural commodities like chickens, calves and pigs.
Last week, the EATS Act was formally supported by a group of attorneys general.
“America’s pork production is nationwide and relies on coordination across the country,” said Brenna Bird, Iowa attorney general, in a letter on behalf of 15 attorneys general. “One state, or even a few states, should not upend that system. And California is learning the wrong lesson — that it can dictate, and that the nation must follow. Given the direct impact California’s Prop 12 has on interstate commerce, Congress should pass the EATS Act.”
Also advocating for the inclusion of the EATS Act are trade groups like the National Cattlemen’s Beef Association, National Pork Producers Council and the American Farm Bureau Federation.