House Bill 4417 ‘‘Ending Agricultural Trade Suppression Act’’


House Bill 4417, the House version of 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 private right of action provision allowing individuals to sue to overturn any noncomplying standards and seek damages. The bill was introduced by Representative Ashley Hinson and has been referred to the House Agriculture Committee and the House Judiciary Committee. House language is not yet publicly available.

[To accompany Pending Federal Action Legislative Update "House Version of the EATS Act Introduced” from Brooks Animal Law Digest Issue No. 197]