National Governors Association Applauded by Farm Groups for Standing Firm on States’ Rights in Upcoming Farm Bill

WASHINGTON, D.C. – Today, Competitive Markets Action, the Organization for Competitive Markets, and the Alabama Contract Poultry Growers Association applauded Governors from across the United States for urging Congress to prioritize the reauthorization of the Farm Bill. The co-chairs of the National Governors Association (NGA) Education, Workforce and Community Investment Task Force – Govs. Brad Little, R-ID, and Albert Bryan, D-USVI, have just sent a letter to Congressional leaders, urging them to consider key Farm Bill priorities for the next reauthorization of the bill.

The Governors emphasized the importance of avoiding preempting state level laws regarding agriculture production, writing that “states succeed when the federal government avoids granting a private right of action against states that maintain their own production or manufacturing standard on agricultural products.”

Photo Credit: National Governors Association

A controversial bill currently being considered by Congress, the so-called Ending Agricultural Trade Suppression (EATS) Act, H.R.4417/S.2019, led by Rep. Ashley Hinson, R-Iowa, and Sen. Roger Marshall, R-Kansas — that would upend states’ rights by nullifying more than a thousand state and local agriculture and other laws — is one of the measures being considered for inclusion in the Farm Bill. Impelled by California’s Prop 12, the leaders of the EATS Act have framed the bill as a regulatory solution by reverting to federal overreach. In truth, the EATS Act would invalidate hundreds of state and local agriculture laws that support family beef, dairy, egg, and pork producers, as well as hundreds of laws related to food safety and invasive pest control.

In essence, the EATS Act would strip states and localities of their right to determine standards or conditions on agricultural products in interstate commerce when these standards deviate from federal law. Nullifying countless laws would harm small farmers, threaten state laws, and infringe on states' rights to establish laws and regulations within their own borders.

Governors urge Congress to avoid preempting state level laws regarding agriculture production. States succeed when the federal government avoids granting a private right of action against states that maintain their own production or manufacturing standard on agricultural products.
— National Governors Association, Sep. 5, 2023

Last month a bipartisan group of 30 U.S. Senators submitted a letter to Senate Agriculture Committee Leadership opposing the EATS Act. A coalition of over 170 U.S. Representatives also joined together and submitted a letter to U.S. House Agriculture Committee Chairman Glenn “G.T.” Thompson, R-Pa., and Ranking Member David Scott, R-Ga., citing their opposition to the bill.

“We applaud the National Governors Association for advocating for our American family farmers and states’ rights,” said Marty Irby, President at Competitive Markets Action and Board Secretary at the Organization for Competitive Markets. “The potential consequences of the EATS Act are broad and deeply concerning. By undermining farmers, ranchers, and rural control, the bill poses grave risks to our communities and an erosion of the bedrock principle of states’ rights.”

“Enacting the Ending Agricultural Trade Suppression (EATS) Act via the Farm Bill would eliminate hundreds of state agricultural laws, effectively paving the way for industrialized conglomerates to further decimate operations run by independent, multigenerational families,” said Taylor Haynes, President of Organization for Competitive Markets. “This absence of rules, particularly those that support family farmers and ranchers, will put the livelihood of American producers at risk.”

“We must hold Congress accountable and prevent the passage of the terrible EATS Act that would destroy American family farming as we know it,” said Jonathan Buttram, President of the Alabama Contract Poultry Growers Association. “EATS is a poison pill that could jeopardize passage of a Farm Bill this year.”

Also included in their letter, the governors highlighted the challenges faced by farmers and ranchers in maintaining coverage of products and keeping their products at an affordable and competitive price due to inflation. In addition, they emphasized the important role played by American producers in securing the food supply chain. The U.S. food and agriculture sector supports more than 23 million jobs and provides nearly $1 trillion in wages annually to American households. The governors asserted that reauthorizing the Farm Bill is an opportunity for Congress to reinforce its support for the states, territories, and communities they represent.

The full letter can be found on the National Governors Association website.


Founded in 1908, the National Governors Association is the voice of the leaders of 55 states, territories, and commonwealths. Our nation’s Governors are dedicated to leading bipartisan solutions that improve citizens’ lives through state government. Through NGA, Governors identify priority issues and deal with matters of public policy and governance at the state, national and global levels.

The Organization for Competitive Markets (OCM) is a 501(c)(3) non-profit based in Lincoln, Nebraska. The foundation of the Organization for Competitive Markets is to fight for competitive markets in agriculture for farmers, ranchers and rural communities. True competition reduces the need for economic regulation. Our mission, and our duty, is to define and advocate the proper role of government in the agricultural economy as a regulator and enforcer of rules necessary for markets that are fair, honest, accessible and competitive for all citizens.

Competitive Markets Action (CMA) is a 501(c)(4) non-profit based in Washington, D.C., that was formed with the mission of shaping policy to promote more regenerative and sustainable agriculture, and competitive markets in the U.S., and to defend against attacks on states’ rights by the federal government. CMA works to raise awareness of the harm caused by multinational conglomerates to the American family farmer, the consumer and our U.S. economy as a whole in an effort to bring about legislative and regulatory reforms.

Contract Poultry Growers Association (ALCPGA) is a group of independent poultry producers that have come together to find ways of making our industry stronger, more efficient, and more economical. They have implemented an LP Gas program to lower the cost of gas that each producer purchases. This enables the producer to save on their heating bill, and still produce healthy poultry.

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Farm Groups Applaud National Conference of State Legislatures, National Association of Counties, and National League of Cities for Standing firm behind the 10th Amendment in Opposition to the EATS Act

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30 U.S. Senators Applauded by Farm Groups for Opposing Marshall-Hinson EATS Act