EATS Act Takes Aim at Proposition 12

Brian German Agri-Business, Legislative

The Ending Agricultural Trade Suppression (EATS) Act was recently introduced in the U.S. Senate inspired by California’s Proposition 12. Introduced by Senator Roger Marshall, the EATS Act is being cosponsored by Senators Ted Budd, John Cornyn, Tom Cotton, Kevin Cramer, Joni Ernst, Deb Fischer, Chuck Grassley, Bill Hagerty, and Eric Schmitt. The legislation would prevent individual states from dictating production standards in other states.

EATS Act

A recent Supreme Court decision has upheld Prop 12 which mandates that pork producers meet California standards in order to sell pork products in the state. Lawmakers supporting the EATS Act assert that states and local governments should hold the authority to regulate agriculture within their borders and not be subject to obstruction from other jurisdictions. Nearly a dozen state governors have also agreed with that sentiment, outwardly supporting the legislation.

“We support the right of individuals to choose how and what animal products they consume, and of each State to lawfully regulate livestock production within their respective borders,” the governors stated in a letter to Congressional leadership. “But the policy and moral preferences of voters in one State should not—and cannot—dictate how farmers raise their crops and livestock across the country. It is imperative that Congress act.”

Congresswoman Ashley Hinson is also sponsoring identical legislation in the U.S. House of Representatives. Industry groups have expressed concern regarding the precedent that Prop 12 could set moving forward. The National Pork Producers Council, American Farm Bureau Federation, and the National Cattlemen’s Beef Association (NCBA) are also supporting the legislation.

“The fractured opinion issued by the Supreme Court in NPPC v. Ross creates a slippery slope that puts our successful interstate economy at risk, by putting complete control in the hands of our largest states,” NCBA Chief Counsel, Mary-Thomas Hart said in a news release. “NCBA supports the EATS Act as a tool to give impacted farmers and ranchers relief from state standards that create new costs and regulatory burden.”


Brian German
Ag News Director / AgNet West