The Exposing Agricultural Trade Suppression Act has been introduced into the Senate as S.2619. Sponsors are Senators Roger Marshall (R-KS), Charles Grassley (R-IA), Joni Ernst (R-IA), John Cornyn (R-TX) and Cindy Hyde-Smith (R-MS).
Companion legislation, H.R. 4999 was introduced into the House by Representative Ashley Hinson (R-IA), co-sponsored by Representatives Dr. Mariannette Miller-Meeks (R-IA) and Randy Feenstra (R-IA).
The intended federal legislation would prevent state and local governments from imposing any standard relating to the production or manufacture of an agriculture product or of livestock on production in another state. The intended legislation is aimed at California Proposition 12 and similar state laws that require producers intending to ship to states with specific laws relating to welfare or food safety.
Proposition 12 has been challenged in federal courts claiming interference in interstate commerce although to date, the California law, enacted by ballot, has been ruled constitutional.
The U.S. egg industry has adapted to the requirements of Proposition 12 and has made investments in cage-free housing. Compliant suppliers are able to provide adequate quantities of shell eggs and products. The principal problem relates to hog producers that use gestation crates that are non-compliant. This proportion of the hog industry has not transitioned to group housing of sows and have continually engaged in litigation to oppose California Proposition 12 and similar State laws. Now with the imminence of implementation, hog producers are requesting more time to convert, predicting a sharp escalation in the price of pork and bacon as leverage.
Turkeys may well benefit from the anticipated impasse if the industry has adequate capacity to produce substitute turkey hams and bacon for California.