Op-Ed by Caitlin Alyse Baiduc – Humane Action Pennsylvania, Eastern PA Coordinator
In June 2023, Sen. Roger Marshall (R-KS) introduced the EATS Act (S.2019) with a companion bill following in the House from Rep. Ashley Hinson (R-IA) (H.R.4417). Despite its banal acronym, the EATS Act – short for “Ending Agricultural Trade Suppression” – is a nefarious attempt to undermine recent wins in animal welfare standards.
The language of the bill is vague – perhaps intentionally so – but effectively it is designed to liberalize agricultural trade by preventing state and local authorities from establishing regulations regarding the production methods of agricultural goods imported from different states. On the surface, the liberalization of trade may sound appealing; however, it puts dozens of state laws banning cruel intensive confinement systems (e.g., veal crates, gestation crates, battery cages) at risk of being overturned. The bill’s sweeping language could also endanger state laws that protect dogs from puppy mills as well as state laws that ensure food safety.
The EATS Act’s focus on imported products could undermine local efforts to improve animal welfare standards. Many states have been working tirelessly to introduce and enforce regulations that promote more humane treatment of animals. Consider for example California’s Proposition 12. Known as the Farm Animal Confinement Initiative, this landmark legislation provides protections to calves raised for veal, mother pigs, and egg-laying hens. If the EATS Act were to become law, by allowing the importation of products that do not adhere to these standards, the local farmers would be discouraged from adopting more humane practices. This undermines the progress that has been made and impedes the global momentum towards more ethical treatment of animals. It also economically punishes farmers who have already made investments in more humane farming practices.
In addition, countries with lax animal welfare regulations often lack proper oversight of their farming practices, which can lead to subpar food safety standards. The EATS Act’s promotion of agricultural imports could expose consumers to products that do not adhere to rigorous safety protocols, potentially leading to outbreaks of foodborne illnesses. The importation of products produced under substandard conditions not only compromises animal welfare but also endangers public health, creating a lose-lose situation for both animals and consumers.
Notably, a recent report from the Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School also challenges the constitutionality of the EATS Act, indicating that it “runs afoul of the Tenth Amendment principle that Congress may not ‘commandeer’ states and prohibit them from legislating to protect public health and welfare, particularly in the absence of federal regulation.” Disrupting the balance of power between the 50 States and the Federal Government could also yield negative economic impacts, e.g., in the form of new state and local lawsuits.
The EATS Act is not without precedent. It mirrors previous legislation introduced by former Rep. Steve King (R-IA), which came to be known as the “King Amendment.” The King Amendment was introduced for inclusion in the Farm Bill in 2014 and 2018 but was staunchly defeated both times.
So, what is different now?
As noted in a recent Vox article, Marshall and Hinson don’t carry the political baggage that King did. Furthermore, Hinson’s bill has garnered greater support than King’s bill, with 29 Republicans having signed on as co-sponsors of the EATS Act vs. King’s two.
Animal advocates, those interested in environmental preservation, and anyone with a vested interest in food safety should coalesce to defeat this reincarnation of the King Amendment. Despite Sen. Marshall’s allegation that Prop. 12 undermines food security, it is the EATS Act that undermines food security by allowing for less stringent food safety and packaging regulations. Moreover, failure to prevent passage of the EATS Act will force millions of voiceless animals back into their crates, cages, and pens, resulting in inconceivable and senseless suffering. Let’s take a stand against this unconstitutional and callous bill.
Caitlin Alyse Baiduc, MS
Humane Action Pennsylvania, Eastern PA Coordinator
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