June 21, 2023

We recently received a critical update from the Humane Society of the United States regarding a proposed law that could have far-reaching consequences. Not only for animal welfare here in Minnesota, but also for the entire nation. Find out more about the EATS act below and then click the link below to take action.

What does this proposed law entail? In essence, it aims to restrict states from establishing fundamental standards for the production and manufacturing of agricultural products within their own borders, including regulations related to animal welfare. The EATS Act seeks to prevent the regulation of any agricultural product, broadly defined, that moves across state lines.

The implications of this measure are deeply concerning. If enacted, it could undermine hundreds of state and local laws that have been democratically passed, stripping away states’ authority to govern goods and services within their own jurisdictions. Essentially, the EATS Act would grant the state with the lowest standards the power to dictate its products and practices to all other states.

The ramifications extend far beyond animal welfare. This legislation has the potential to nullify a vast array of state and local measures aimed at ensuring food safety, protecting the environment, upholding labor standards, and more. The consequences would be immense, injecting uncertainty into markets and businesses while eroding traditional areas of state control.

Additionally, it’s worth noting that over 170 groups have publicly expressed opposition to the similar King Amendment in the past. As awareness grows regarding the EATS Act, we anticipate a similarly strong and united front against this attempt to undermine states’ rights. Find more details on our blog and help spread the word to increase attention on this potentially catastrophic bill.

Now is the time to take action. We must protect not only the welfare of animals but also the integrity of our states’ rights. Stay informed, share information widely, and join us in raising awareness about the dire implications of the EATS Act. Together, we can safeguard the progress we have made and ensure a brighter future for animal welfare and state autonomy. Click this link to send a letter to your congresspersons.

The following Minnesota State laws could be impacted if EATS is put into law:

• (M.S.A. § 115A.965)  Prohibits the sale of  products or packaging materials containing dangerous toxins. 
• (M.S.A. § 347.59) Restricts the sale of certain animals, most commonly dogs and cats, under a specific age.     
• (M.S.A. § 299F.851,  M.S.A. § 299F.852, and M.S.A. § 299F.853)  Any cigarettes sold in the state must be tested in accordance with specific test methods and meet certain flammability standards.
• (M.S.A § 152.027) Salvia restriction.
• Minnesota Rules, part 4626.0155, Identification requirements on the sale of mushrooms harvested from the wild.
• (M.S.A § 325F.174)   Prohibits the sale of baby food in jars containing BPA 
• (M.S.A. § 31.602) Unlawful to sell “any domestic or wild fowls, or any slaughtered rabbits, squirrels, or other small animals, wild or tame, unless the entrails, crops, or other offensive parts are properly drawn and removed…”
• (M.S.A. § 31.601): Requires dealers in meats, fish, fowl, or game for human food “to protect the same from dust, flies, and other vermin… by securely covering it while being offered or exposed for sale or transported.”
• (M.S.A. § 31.495) Prohibits the sale or consumption of foods damaged by floods by deeming them “adulterated” or “misbranded”
• (M. S. A. § 84.0896) Bans the sale of ivory.

A diverse set of more than 170 groups strongly opposed the original King amendment, including the National Governors Association, National Conference of State Legislatures, National Association of Counties, National League of Cities, FreedomWorks, Fraternal Order of Police, National Farmers Union, National Dairy Producers Organization, National Sustainable Agriculture Coalition, Consumer Federation of America, Consumer Reports, Natural Resources Defense Council, Sierra Club, Humane, Society of the United States, ASPCA, United Farm Workers, International Brotherhood of Teamsters, and National Fire, Protection Association, plus hundreds of federal and state legislators (bipartisan), individual farmers, veterinary professionals, faith leaders, legal experts, and newspaper editorials including USA Today. 

About the EATS Act

Demand from consumers, food companies, and the farming community has propelled multiple states to enact public health, food safety and humane standards for the in-state production and sale of products from veal calves, mother pigs and egg-laying chickens. The apparent primary goal of the legislators behind the EATS Act is to undermine these standards, specifically, California’s farm animal cruelty and public health law, Proposition 12. 

But in reality, the EATS Act goes far beyond California and could effectively strip all states of their right to regulate any agricultural products sold within their own borders. It would force a lowest-common-denominator approach: if any one state permits the production or sale of aparticular agricultural product, no matter how hazardous the product, or dangerous or unacceptable the production process, every other state could have to do so as well.

Like its predecessors, the EATS Act could not just overturn California’s Proposition 12 but also eliminate any state law with a remote agricultural connection related to food safety, animal welfare, environmental protection, public health, labor standards, and more. Just a small sample of laws that could be subverted by the EATS Act include those governing:

• Chemicals in baby food containers

• Harmful pesticides in communities and applying them directly to crops for human consumption

• Arsenic in feed for animals slaughtered for food and other poison control

• Child labor

• Puppy mills

• Wildlife protection

• Pollutant and emissions standards, e.g., bans on spraying sewage on crops directly before they are sold to people

• Fire hazards

• Drugs that contain opioid properties and alcohol and tobacco sales to minors

The list above is by no means all-inclusive. Click here for a list of laws in every state (compiled in 2018 in response to the King amendment) that could likely be wiped out by the EATS Act.

The EATS Act ignores founding principles and constitutional law precedent.