Bill Would Overturn State and Local Regulations that Impose Health, Safety, and Welfare Standards on Agricultural Products Produced Out-of-State

Senate Bill 2019, the Ending Agricultural Trade Suppression (EATS) Act would prevent states from imposing “a standard or condition on the preharvest production of any agricultural products sold or offered for sale in interstate commerce if–– (1 ) the production occurs in another State; and (2) … the standard or condition is in addition to the standards and conditions applicable to the production or manufacture pursuant to–– (A) Federal law; and (B) the laws of the State and unit of local government in which the production or occurs.” Notably the bill adds that if no Federal or state standards exist for the production of a particular agricultural product “that lack of standards and conditions shall be deemed to be the standards and conditions applicable to the production of the agricultural product...” The bill also includes an expansive privare right of action provision allowing individuals to sue to overturn any noncomplying standards and seek damages. Senators Roger Marshall, Joni Ernst, Chuck Grassley, John Cornyn, Deb Fisher, Tom Cotton, and Eric Schmitt, sponsored the bill in direct response to the U.S. Supreme Court’s recent Proposition 12 ruling. The bill has been referred to the Committee on Agriculture, Nutrition, and Forestry.