Senators Oppose "Food Security and Farm Protection Act" Claiming It Would Harm Small Farmers and Infringe on State Rights

Strategic Insights -

Thirty-one Senators, led by Alex Padilla (D-Calif.), Adam Schiff (D-Calif.), Cory Booker (D-N.J.), and Edward J. Markey (D-Mass.), have expressed strong opposition to the "Food Security and Farm Protection Act" (S. 1326), arguing that it would harm America's small farmers and infringe on the fundamental rights of states to establish laws and regulations within their own borders. This legislation aims to undermine Proposition 12 in California, Question 3 in Massachusetts, and other similar laws nationwide that allow states to regulate their own food standards. The Senators claim that the bill would have a sweeping impact, threatening countless state laws and opening the floodgates to unnecessary litigation.

Key Takeaways:

  • The Food Security and Farm Protection Act would harm America's small farmers and infringe on the fundamental rights of states to establish laws and regulations within their own borders.
  • The bill would threaten countless state laws, including those related to public health, food safety, and humane standards for the production and sale of certain products.
  • At least 15 states have implemented public health, food safety, and humane standards for the in-state production and sale of certain products, including consumer information safeguards, food quality and safety regulations, animal welfare standards, and more.
  • The demand for Proposition 12- and Question 3- compliant products has been met, with countless farmers investing resources and making necessary modifications to be compliant.
  • Federal preemption of these laws would be picking the winners and losers, and would seriously harm farmers who made important investments.
  • The Senators are requesting that the Chairman and Ranking Member of the Senate Agriculture, Nutrition, and Forestry Committee reject inclusion of the provision in any form.

Statistics:

  • 19 states regulate the labeling of bitter almonds or prohibit their sale as a poison.
  • 15 states have laws that restrict the importation of firewood in order to prevent the spread of invasive pests and diseases.
  • 23 states have restrictions on the importation of Ash trees in order to prevent the spread of the emerald ash borer.
  • 48 states have laws governing the risk to cattle from brucellosis.
  • 41 states have laws governing the risk to cattle from bovine tuberculosis.
  • 3 states (North Dakota, Wisconsin, and Wyoming) have laws governing the risk to cattle from Johne's Disease.

Sources:

  • Letter from 31 Senators to Senate Agriculture, Nutrition, and Forestry Committee Chairman John Boozman and Ranking Member Amy Klobuchar.
  • U.S. Senators Alex Padilla (D-Calif.), Adam Schiff (D-Calif.), Cory Booker (D-N.J.), and Edward J. Markey (D-Mass.)
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