EATS Act Overview — COMPETITIVE MARKETS ACTION

Facts on the Trojan Horse of the Farm Bill, the EATS Act, H.R.4417/S.2019

The EATS Act, Trojan Horse of the 118th Farm Bill

Introduced by Rep. Ashley Hinson (R-IA) and Sen. Roger Marshall (R-KS), the Ending Agricultural Trade Suppression (EATS) Act, H.R.4417/S.2019, would strip certain lawmaking powers from states and consolidate those powers within the federal government. If enacted into law, the EATS Act would wipe out thousands of state and local laws in the agriculture policy jurisdiction. These laws often benefit family farms over international conglomerates, including those based in China and Brazil.

Extreme, Partisan Federal Overreach

Impelled by California’s Prop 12, the leaders of the EATS Act have framed the bill as a regulatory solution by reverting to federal overreach. In truth, EATS would invalidate hundreds of state and local agriculture laws that support family beef, dairy, egg, and pork producers, as well as hundreds of laws related to food safety and invasive pest control. The EATS Act would strip states and localities of their right to determine standards or conditions on agricultural products in interstate commerce when these standards deviate from federal law. In doing so, the bill benefits big foreign companies who would no longer need to navigate and comply with various state laws (the very state laws that promote American farmers and ranchers), accelerating and streamlining their continued takeover of our agricultural sector.

Undermines Farmers, Ranchers, and Rural Control

The potential ramifications of the EATS Act are broad, sweeping, and deeply concerning. Under the deceptive cloak of interstate trade fairness, the EATS Act would wrest power from our rural communities, denying them the right to establish higher standards that reflect their unique agricultural heritage and community values. The result is an unwarranted risk to our communities and an erosion of the bedrock principle of states’ rights.

State Laws Invalidated by the EATS Act

Although the EATS Act sponsors may only intend to invalidate animal welfare and food safety laws, an independent analysis by Harvard Law School shows the bill would invalidate state laws related to:

Present in numerous states, these enforce strict rules on employing minors in agriculture, safeguarding their well-being and averting exploitation.
Laws like those restricting the sale or distribution of expired food products, potential carriers of harmful bacteria.
Regulations limiting the production, sale, or use of certain pesticides in proximity to schools, protecting our children from harmful exposure.
These ensure vigilant enforcement against invasive pests that jeopardize local agriculture, logging businesses, and ecosystems.
Restrictions on the sale of pet food containing diseased animals or unwholesome substances.
Rules that forbid the deletion of public records, ensuring transparency and accountability in our food system.