Chair Stabenow, Chair Thompson, Ranking Member Boozman, and Ranking Member Scott,
On behalf of the National Conference of State Legislatures (NCSL), National Association of Counties (NACo), National League of Cities (NLC) and The U.S. Conference of Mayors (USCM), we write to voice our opposition to the Agricultural Labeling Uniformity Act and the Ending Agricultural Trade Suppression (EATS) Act. If enacted, these bills would prohibit state and local governments from adopting or maintaining laws that are more protective than federal rules, including preventing the implementation of warnings or requirements that differ from federal specifications.
We urge you to reject these preemptive pieces of legislation, no matter if they are considered independently or as part of a larger package, such as the Farm Bill.
As the governments closest to the people, state and local officials understand the unique needs of our communities. Under the 10th Amendment, the foundation of constitutional federalism, state and local governments have the responsibility and right to protect and safeguard the health, safety and welfare of their residents. State and local governments do this by protecting residents from a wide array of threats, including harmful chemicals found in pesticides, and by maintaining the quality and production standards of agricultural products produced and sold within their jurisdictions.
Both the EATS Act and the Agricultural Labeling Uniformity Act would overturn decades of precedent, Supreme Court rulings and doctrines of 10th Amendment jurisprudence. Congress and the courts have long considered the existing legislation that governs these issues to be a federal floor. As such, state and local governments have been granted and should retain the authority to enact supplemental standards that fit the specific needs and desires of their residents and communities.
These bills would erode state and local sovereignty by preventing states, cities and counties from tailoring laws to address the specific needs of their residents. Doing so would risk the health of their residents and the sustainability of local economies.
As your committees continue to work on reauthorization of the Farm Bill, we urge you to reject the Agricultural Labeling Uniformity Act and the EATS Act and continue to support the primacy of states and communities in these areas.
Thank you for your consideration. If you have any questions, please do not hesitate to reach out to Ben Nasta at 202-624-3597, or [email protected]; Owen Hart (NACo) at 202-942-4280 or [email protected]; Carolyn Berndt (NLC) at 202-626-3101 or [email protected]; Judy Sheahan (USCM) at 202-861-6775 or [email protected].
Sincerely,
Tim Storey
Chief Executive Officer
National Conference of State Legislatures
Matthew D. Chase
CEO and Executive Director
National Association of Counties
Clarence E. Anthony
CEO and Executive Director
National League of Cities
Tom Cochran
CEO and Executive Director
The United States Conference of Mayors
CC: Members of the Senate Committee Agriculture, Nutrition, and Forestry Committee
Members of the House Agriculture Committee