Harvard ALPP EATS Act Report

LEGISLATIVE ANALYSIS OF S.2019 / H.R.4417:

The “Ending Agricultural

Trade Suppression Act”

118TH CONGRESS – 2023-2024

JULY 2 023

ACKNOWLEDGMENTS

This report analyzes the “Ending Agricultural Trade Suppression Act,” legislation currently under

consideration by the U.S. Congress. It builds upon “Legislative Analysis of H.R. 4879: the Protect

Interstate Commerce Act of 2018,” a report on similar antecedent legislation also published by

the Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School. This update was

researched and written by Kelley McGill, Regulatory Policy Fellow.

Ann Linder, Associate Director of Policy & Research, researched and authored the original 2018

report, portions of which appear below in an updated form. Kelsey Eberly, Clinical Lecturer at Yale

Law School, provided analyses and draft text for other portions of this updated report. Chris Green,

Executive Director, edited this report, and a team of independent experts reviewed it. Numerous

individuals assisted in the research of potentially affected laws and regulations for this report and its

predecessor. It is with gratitude that their contributions are recognized here.

TABLE OF CONTENTS

Executive Summary 3

Overview 5

I. Introduction 8

II. Legislative History 9

III. Legal Background 11

IV. Full Text of S.2019 / H.R.4417 13

V. Section-By-Section Analysis of Legislation 15

VI. Application of the Legislation 35

VII. Conclusion 48

Appendix 50

EXECUTIVE SUMMARY

States long have had authority to regulate the health, safety, and moral aspects of goods sold

within their borders, regardless of their state or country of origin. The Ending Agricultural Trade Suppression

Act (“EATS Act”) fundamentally would transform the current balance of regulatory authority between the 50

States and the Federal Government by eliminating virtually all state and local legislative powers to impose

standards or conditions on the “preharvest” production of agricultural products entering their own borders,

including regulations related to food safety, disease and pest control, and government procurement.

 TheEATSActdeesbasicnotionsoffederalismandwouldcircumventdecadesofsettled

constitutional jurisprudence. As the Supreme Court recently reiterated in the National Pork Producers

Council’schallengetoCalifornia’sProposition12,theCommerceClauseintheU.S.Constitutionalready

restricts states from enacting protectionist laws that discriminate against interstate commerce. The

Constitution’sSupremacyClausealsoprovidesCongressplenarypowertodisplacestatelawwhen

it chooses to exercise its legislative authority over private actors pursuant to its enumerated powers.

The EATS Act purports to do what courts interpreting state laws against these constitutional provisions

haverefusedtodo:declarebyatthatstatescannotimposepublichealthandwelfarestandardsfor

agriculturalproducts,evenintheabsenceofconictinglocal,state,orfederallawsandregulations.

 TheEATSActisunconstitutionalinseveraldifferentways—chiey,byrunningafouloftheTenth

Amendment principle that Congress may not “commandeer” states and prohibit them from legislating to

protect public health and welfare, particularly in the absence of federal regulation. The legislation also

includes a broad citizen-suit provision that authorizes any person affected by a regulation governing “any

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

EXECUTIVE SUMMARY

aspect of 1 or more agricultural products that are sold in interstate commerce” to bring suit to block that

regulation and to seek an award of monetary damages against the state or local government enforcing

theregulation.TheEATSAct’scitizen-suitprovisionraisessignicantconcernsrelatedtostatesovereign

immunity, protected under the Eleventh Amendment.

Despite its simple appearance, the wording of the EATS Act creates a myriad of interpretive

questions that would need to be resolved in the courts. Because the scope of its prohibition against any

“standard or condition on the preharvest production of any agricultural products sold or offered for sale in

interstate commerce” is so broad, the legislation has the potential to void over a thousand state and local

laws and regulations concerning public health and safety—including many laws and regulations that have

notyetbeenidentiedandareunlikelytobeintendedtargetsofthelegislation.Whilethereissignicant

ambiguityinthetext,theEATSActcouldaffecteverythingfromcommercialshingregulationstothe

slaughter of horses, creating cascading effects far beyond the core farm commodities it seeks to protect.

 AlthoughsomeproducersmightinitiallynanciallybenetfromenactmentoftheEATSAct,the

potential for market disruption and uncertainty is extremely high. The EATS Act could sow confusion

and disorder across state legislatures, city councils, and agricultural entities, disturbing the settled

expectations upon which dozens of industries rely while harming the same animal agriculture industry

playersthattheAct’ssponsorspurporttohelp.Thesesamemarketdisruptionscouldhavesignicant

impacts on consumer choice, animal welfare, and food safety.

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

EXECUTIVE SUMMARY

OVERVIEW

• On June 15, 2023, Senator Roger Marshall (R-KS) introduced the “Ending Agricultural Trade

Suppression Act” (“EATS Act”) in the Senate as S.2019 with the support of 11 Republican

cosponsoring senators.

• On June 30, 2023, Representative Ashley Hinson (R-IA) introduced the EATS Act in the House as

H.R.4417 with the support of 15 Republican cosponsoring representatives.

• Former Representative Steve King (R-IA) drafted progenitor legislation to the EATS Act, including the

King Amendment and the “Protect Interstate Commerce Act,” which later spawned the “Exp osing

Agricultural Trade Suppression Act.”

• Congressional Republicans stated they introduced the EATS Act in part to invalidate Proposition 12,

a California law setting certain standards for eggs, pork, and veal sold in the state, but the reach of

the EATS Act would be much broader.

• The EATS Act would upset the long-standing, constitutional balance of power between the 50 States

and the Federal Government by precluding state and local standards and conditions concerning the

preharvestproductionofimportedagriculturalproducts,likelyinviolationoftheTenthAmendment’s

anti-commandeering prohibition.

• The EATS Act would prevent state and local governments from regulating the “preharvest production”

of imported “agricultural products” except to the extent that those products already are regulated in the

place of production. The legislation further states that if there are no federal, state, or local regulations

in the state of production for any given agricultural products, that lack of regulation becomes a new

regulatory ceiling for any state or locality importing those products from that jurisdiction.

• The scope and precise meaning of the EATS Act are unclear, raise multiple constitutional concerns,

and would require extensive litigation and judicial interpretation. Enactment of the EATS Act could

impose tremendous costs on state and local governments faced with new lawsuits and on federal

agencieschargedwithllingnewregulatoryvoids.Italsowouldcreatesignicantregulatory

uncertainty for agricultural producers, industry participants, consumers, and governing bodies.

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

Examples of State Laws Potentially

Affected by the EATS Act

Invasive Pest & Plant Disease Protections

(phony peach disease, emerald ash borer, glassy-winged sharpshooter)

Zoonotic & Infectious Disease Regulations

(avian u, African swine fever, chronic wasting disease, honey bee diseases)

Food Quality & Safety Regulations

(sh and shellsh sourcing, milk quality standards, pesticides)

Fishing Regulations

(licensing and permitting, limitations on sh sourcing, species, or size)

Horse Slaughter Laws

(bans on importation or transport of horses for slaughter for human consumption)

Labeling Regulations

(kosher and halal protections, meat nomenclature, toxic seed treatments)

Narcotics Laws

(marijuana de-scheduling, opioid and hallucinogenic drug prohibitions)

Procurement Regulations

(government contracting policies for local, minority, and veteran producers)

Licensing, Permitting, and Recordkeeping Requirements

(professional licensing, date or location of production records)

OVERVIEW

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

QUESTIONS

• KeytermsarenotdenedintheEATSAct,

making it unclear which state and local

regulations would be affected.

• The EATS Act would limit state and local

authority to regulate the “preharvest

production” of “agricultural products,” but the

formertermisnotdenedandthedenition

of the latter term is too broad to predict the

full scope and impact of the EATS Act.

• The boundaries of what could be included

within “preharvest production” are entirely

unclearasthelegislationdoesnotdenethe

term. These boundaries would be subject

todenitionbycourts,shiftingtremendous

power from state and local legislative bodies

to the judiciary.

• Thedenitionof“agriculturalproduct”

includes “agricultural, horticultural,

viticultural, and dairy products, livestock

andpoultry,bees,forestproducts,shand

shellsh,andanyproductsthereof,including

processed and manufactured products.” It

also includes “any and all products raised or

produced on farms,” raising questions as to

its outer limits.

ENFORCEMENT

• The EATS Act would provide for citizen suits

directly against states, which likely violates

the Eleventh Amendment. It also could

exposestateandlocalofcialstosuit.

• The EATS Act would reverse long-standing

presumptions favoring state authority while

authorizing lawsuits seeking injunctions and

damage awards against states and localities.

• The EATS Act would allow lawsuits to be

brought up to ten years after a cause of

action arose.

POTENTIAL EFFECTS

• The language of the EATS Act is broad

enough to preclude more than a thousand

state and local public health and safety

regulations, many of which protect local

producers from disease, pests, and other

agricultural threats.

• The language of the EATS Act could have

signicantcollateralimpactsonotherareas

ofstatelaw,includingcommercialshing,

food safety, and livestock and crop health.

• The EATS Act could prevent states from

imposing standards or conditions on

the preharvest production of imported

agricultural products, even when necessary

to protect local health and safety.

• Whilesomeproducerscouldbenetfrom

the EATS Act, many other producers would

suffer from its passage. Producers who have

madesignicantinfrastructureinvestments

in response to regulations that the EATS Act

could prohibit may see the economic value of

those investments plummet.

• TheEATSActwouldcausesignicant

regulatory uncertainty and spawn

protracted litigation.

• The EATS Act would shift the balance of

federalism away from the states with respect

to the preharvest production of any product

containing agricultural ingredients, likely

in violation of the anti-commandeering

prohibition found in the Tenth Amendment.

OVERVIEW

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

I. INTRODUCTION

In the wake of the recent U.S. Supreme Court decision in National Pork Producers Council

v.Ross,upholdingCalifornia’sProposition12,severalU.S.lawmakershaveintroducedthe“Ending

Agricultural Trade Suppression Act” (“EATS Act”). The EATS Act proposes a race-to-the-bottom for state

and local regulation of the “preharvest production” of “agricultural products,” raising serious constitutional

concernsandthreateningstaterights,consumersafety,andfarmers’livelihoods.Atminimum,theEATS

Act could override more than a thousand state and local laws and regulations, the majority of which likely

willnotbeidentiedorconsideredpriortoitspassage.

This report will detail the legislative history of the EATS Act and review relevant legal background

information. Next, it will provide the text of the legislation in its current form and offer section-by-section

analysis of the legislation. Finally, this report will discuss how the legislation could affect existing laws,

regulations, and commerce and then provide an index with examples of potentially affected state laws

and regulations.

Jo-AnneMcArthur/WeAnimalsMedia

INTRODUCTION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

II. LEGISLATIVE HISTORY

The origins of the EATS Act stretch back to 2008, when over 63 percent of the California

electorate voted yes on Proposition 2 (“Prop 2”), the “Prevention of Farm Animal Cruelty Act.”

Prop 2

imposedminimumspaceandconnementrequirementsforegg-layinghens,vealcalves,andmother

pigs raised in the state, outlawing certain body-gripping crates, tethering methods, and battery cages. In

2010, the California legislature passed Assembly Bill No. 1437, the “California Egg Law,” requiring that all

eggssoldinthestateasofJanuary1,2015hadtomeetProposition2’sstandardsregardlessofwhether

they were produced in California or outside of the state. The California Egg Law meant that any producers

wishing to continue selling their eggs in California would have to provide hens enough space to stand up,

lie down, turn around, and extend their wings without touching their cage or cage-mates—a standard the

overwhelming majority of producers, who used battery cage housing, did not then meet.

 Atthattime,thehighestegg-producingdistrictinthecountrywasIowa’sFourthCongressional

district, then represented by Steve King. Representative King responded to the California Egg Law with a

series of legislative maneuvers aimed at nullifying it. These efforts to block the California Egg Law began

with what became known as the “King Amendment.” As the blueprint for the current EATS Act legislation,

the King Amendment would have prohibited states and localities from setting agricultural product

standards or conditions in excess of those in effect in the state of production for goods sold in interstate

commerce. The text of the King Amendment, formally entitled the “Prohibition Against Interference by

State and Local Governments with Production or Manufacture of Items in Other States,” was included

in two House-passed versions of the 2014 Farm Bill.

The King Amendment was not included in the

Senate-passed version of the bill.

After opposition by Senate Democrats and intense public criticism,

the conference committee ultimately left the King Amendment out of the 2014 Farm Bill.

In 2015, Representative King repackaged his amendment as standalone legislation entitled

the “Protecting Interstate Commerce Act” (“PICA”).

That legislative session, PICA was not passed out

of the Agriculture Committee. Representative King reintroduced PICA in 2018,

andPICA’slegislative

text again was included in the House-passed version of the 2018 Farm Bill.

It was not included in the

1. California Secretary of State, Statement of Vote, 13, https://elections.cdn.sos.ca.gov/sov/2008-general/sov_complete.pdf (63.5% voted in favor of Prop 2).

2. See H.R.2642, 113th Cong. § 11312 (as passed by House, July 11, 2013), https://www.congress.gov/bill/113th-congress/house-bill/2642/text/eh;

H.R.2642, 113th Cong. § 12312, (as agreed to by House with amendment, Sept. 28, 2013), https://www.congress.gov/bill/113th-congress/house-

bill/2642/text/eah.Approximatelyeveryveyears,theU.S.Congresspassesomnibusagriculturallegislation.Whilethislegislationmaytakedifferent

names, such as the Agricultural Act of 2014 or the Agriculture Improvement Act of 2018, it commonly is known as the “Farm Bill.”

3. H.R.2642, 113th Cong. (as passed by Senate with amendment, July 18, 2013), https://www.congress.gov/bill/113th-congress/house-bill/2642/text/eas.

4. See H.Rept. 113–333, 113th Cong., 563 (conference report to accompany H.R. 2642, Jan. 27, 2014), https://www.congress.gov/113/crpt/hrpt333/CRPT-

113hrpt333.pdf.

5. H.R.687, 114th Cong. (2015), https://www.congress.gov/bill/114th-congress/house-bill/687/text.

6. H.R.4879, 115th Cong. (2018), https://www.congress.gov/bill/115th-congress/house-bill/4879/text. H.R.4879 was the subject of the 2018 report by the Brooks

McCormick Jr. Animal Law & Policy Program at Harvard Law School, Legislative Analysis of H.R. 4879: the Protect Interstate Commerce Act of 2018.

7. H.R.2, 115th Cong. § 11701 (as passed by House, June 21, 2018), https://www.congress.gov/bill/115th-congress/house-bill/2/text/eh.

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

Senate-passed version.

After condemnation by 32 Senators and a chorus of opposition—including

from family farmers, public health and consumer groups, farmworker advocates, animal protection and

environmental organizations, and state sovereignty champions, including the National Conference of

States Legislatures—the King Amendment again was removed from the 2018 Farm Bill in conference.

In November 2018, building upon Prop 2 and the California Egg Law, California voters passed

Proposition12(“Prop12”),theFarmAnimalConnementInitiative,againwithnearly63%votingin

favor.

Prop 12 established “new minimum requirements on farmers to provide more space for egg-

laying hens, breeding pigs, and calves raised for veal” and it prohibited “California businesses... from

selling eggs or uncooked pork or veal that came from animals housed in ways that did not meet these

requirements.”

Whilecelebratedbysomeanimalproducers,thepassageofProp12provokedmultiple

unsuccessful legal challenges from others.

Like Prop 2 and the California Egg Law, the adoption of Prop 12 also fueled legislative attempts

to prevent enforcement of its provisions. After Representative King lost his 2020 primary election after

making racist comments,

other lawmakers took up his cause of opposing such laws. In 2021, legislators

in both chambers reintroduced the King Amendment/PICA as the rebranded and slightly revised

“Exposing Agricultural Trade Suppression Act.”

That legislation did not advance out of committee.

Now, in 2023, lawmakers in both chambers have reintroduced another revised version of that

same legislation as the “Ending Agricultural Trade Suppression Act” or “EATS Act.”

Whilethetext

has evolved throughout its progression from the King Amendment to its current form, the central aim

remains the same: to federally block Prop 12 and similar state and local measures.

The cost of enacting

the EATS Act, however, would range far more widely than even its sponsors envision, raising serious

constitutional concerns and undermining state and local rights at the expense of consumers, businesses,

and agricultural producers across the 50 United States.

8. H.R.2, 115th Cong. (as passed by Senate with amendment, June 28, 2018), https://www.congress.gov/bill/115th-congress/house-bill/2/text/eas.

9. H.Rept. 115–1072, 115th Cong., 794 (conference report to accompany H.R.2, Dec. 10, 2018), https://www.congress.gov/115/crpt/hrpt1072/CRPT-

115hrpt1072.pdf.

10. California Secretary of State, Statement of Vote, 16, https://elections.cdn.sos.ca.gov/sov/2018-general/sov/2018-complete-sov.pdf (62.7% voted in favor

of Prop 12).

11. CaliforniaLegislativeAnalyst’sOfce,Ballot Analysis of Proposition 12, https://lao.ca.gov/BallotAnalysis/Proposition?number=12&year=2018.

12. See, e.g.,Nat’lPorkProducersCouncilv.Ross,143S.Ct.1142(2023)(ndingthatProp12didnotundulyburdeninterstatecommerce);N.Am.Meat

Inst. v. Becerra, 420 F. Supp. 3d 1014, 1017 (C.D. Cal. 2019), aff’d,825F.App’x518(9thCir.2020)(mem.)cert. denied, N. Am. Meat Inst. v. Bonta, 141 S.

Ct. 2854 (2021) (denying motion for preliminary injunction against Prop 12).

13. See Barbara Sprunt, Iowa Rep. Steve King, Known For Racist Comments, Loses Reelection Bid, NPR, June 3, 2020, https://www.npr.

org/2020/06/03/865823546/iowa-rep-steve-king-ousted-in-gop-primary-ap-projects. In 2019, after King wondered aloud to the New York Times how

“white nationalist” and “white supremacist” became offensive language, he was removed from his committee assignments. See Trip Gabriel, Before

Trump, Steve King Set the Agenda for the Wall and Anti-Immigrant Politics, N.Y. TIMES, Jan. 10, 2019, https://www.nytimes.com/2019/01/10/us/politics/

steve-king-trump-immigration-wall.html; Trip Gabriel, Jonathan Martin, and Nicholas Fandos, Steve King Removed From Committee Assignments Over

White Supremacy Remark, N.Y. TIMES, Jan. 14, 2019, https://www.nytimes.com/2019/01/10/us/politics/steve-king-trump-immigration-wall.html/.

14. S.2619, 117th Cong. (2021), https://www.congress.gov/bill/117th-congress/senate-bill/2619/text; H.R.4999, 117th Cong. (2022), https://www.congress.

gov/bill/117th-congress/house-bill/4999/text.

15. S.2019, 118th Cong. (2023), https://www.congress.gov/bill/118th-congress/senate-bill/2019; H.R.4417, 118th Cong. (2023), https://www.congress.gov/

bill/118th-congress/house-bill/4417.

16. See Sen. Roger Marshall, press release, June 15, 2023, https://www.marshall.senate.gov/newsroom/press-releases/sen-marshall-announces-

introduction-of-eats-act-to-ensure-states-autonomy-over-agricultural-practices/; Rep. Ashley Hinson, press release, July 5, 2023, https://hinson.house.

gov/media/press-releases/hinson-leads-charge-against-prop-12-bacon-ban.

LEGISLATIVE HISTORY

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

III. LEGAL BACKGROUND

Under long-standing principles of Federalism, state and local governments are free to regulate

agricultural products and production except in ways that are preempted by federal law, unlawfully

discriminate against out-of-state production, or unduly burden trade.

In other words, “absent

discrimination,‘aStatemayexcludefromitsterritory,orprohibitthesalethereinofanyarticleswhich,

initsjudgment,fairlyexercised,areprejudicialto’theinterestsofitscitizens.”

 WhileCongresshasthepowertoregulateinterstatecommercethroughtheU.S.Constitution’s

Commerce Clause of Article I and the Supremacy Clause of Article VI, the right of states to regulate their

own markets has been inferred from their Tenth Amendment powers, and their authority to do so has

been recognized even in cases where state laws have “substantial effects on interstate commerce.”

As James Madison wrote in Federalist No. 45, “[t]he powers delegated by the proposed Constitution to

thefederalgovernmentarefewanddened.ThosewhicharetoremainintheStategovernmentsare

numerousandindenite...ThepowersreservedtotheseveralStateswillextendtoalltheobjectswhich,

in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal

order, improvement, and prosperity of the State.”

Traditionally, states have enjoyed broad authority to legislate for the health, safety, and morals

oftheircitizens.Wherestatelegislationfavorslocalinterestsattheexpenseofout-of-statepartiesor

disproportionately interferes with interstate trade, however, that law may be challenged under what is

17. “Wherethestatuteregulateseven-handedlytoeffectuatealegitimatelocalpublicinterest,anditseffectsoninterstatecommerceareonlyincidental,it

willbeupheldunlesstheburdenimposedonsuchcommerceisclearlyexcessiveinrelationtotheputativelocalbenets.”Pikev.BruceChurch,Inc.,

397 U.S. 137, 142 (1970) (citing Huron Portland Cement Co. v. City of Detroit, 362 U.S. 440, 443 (1960)). That the “States must have a concurrent power

to regulate commerce” is a principle that has long been recognized by the courts. Gibbons v. Ogden, 22 U.S. 1, 19 (1824). See also United States v.

Lopez, 514 U.S. 549, 592 (1995) (Thomas, J., concurring) (citing Federalist No. 34 and stating that “[a]griculture and manufacture, since they were not

surrendered to the Federal Government, were state concerns.”).

18. Nat’lPorkProducersCouncilv.Ross,143S.Ct.1142,1152–53(2023)(quotingGuyv.Baltimore,100U.S.434,443(1880)).

19. “That the internal commerce of the States and the numerous state inspection, quarantine, and health laws had substantial effects on interstate

commercecannotbedoubted.Nevertheless,theywerenot‘surrenderedtothegeneralgovernment.’”U.S.v.Lopez,514U.S.at594(quotingGibbonsv.

Ogden, 22 U.S. 1, 19 (1824)).

LEGAL BACKGROUND

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

20. See generally Pike v. Bruce Church, Inc., 397 U.S. 137 (1970).

21. “ReadingbetweentheConstitution’slines...[theSupreme]CourthasheldthattheCommerceClausenotonlyvestsCongresswiththepowerto

regulateinterstatetrade;theClausealso‘contain[s]afurther,negativecommand,’oneeffectivelyforbiddingtheenforcementof‘certainstate[economic

regulations]evenwhenCongresshasfailedtolegislateonthesubject.’”Nat’lPorkProducersCouncilv.Ross,143S.Ct.at1152(2023)(quoting

OklahomaTaxComm’nv.JeffersonLines,Inc.,514U.S.175,179(1995)).

22. “Inits‘modern’cases,[theSupreme]CourthassaidthattheCommerceClauseprohibitstheenforcementofstatelaws‘drivenby...economic

protectionism—thatis,regulatorymeasuresdesignedtobenetin-stateeconomicinterestsbyburdeningout-of-statecompetitors.’”Nat’lPorkProducers

Councilv.Ross,143S.Ct.at1153(2023)(quotingDep’tofRevenueofKy.v.Davis,553U.S.328,337–338(2008)(internalquotationomitted)).

23. “Wherethestatuteregulateseven-handedlytoeffectuatealegitimatelocalpublicinterest,anditseffectsoninterstatecommerceareonlyincidental,it

willbeupheldunlesstheburdenimposedonsuchcommerceisclearlyexcessiveinrelationtotheputativelocalbenets.Ifalegitimatelocalpurpose

is found, then the question becomes one of degree. And the extent of the burden that will be tolerated will of course depend on the nature of the local

interest involved, and on whether it could be promoted as well with a lesser impact on interstate activities. Occasionally the [Supreme] Court has candidly

undertakenabalancingapproachinresolvingtheseissues,butmorefrequentlyithasspokenintermsof‘direct’and‘indirect’effectsandburdens.”Pike

v. Bruce Church, Inc., 397 U.S. 137, 142 (1970) (citations omitted).

24. Nat’lPorkProducersCouncilv.Ross,143S.Ct.1142,1165(2023).Intheserviceofin-stateinterests,theSupremeCourtafrmedthatstatesevenmay

imposeregulationsthatcauseout-of-statecommercetoshiftfromonetypeofbusinesstoanother,ndingthat“thedormantCommerceClausedoesnot

protecta‘particularstructureormetho[d]ofoperation.’”Id. at 1161 (citation omitted).

25. See Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461, 1478 (2018) (holding that a federal law preventing states from allowing sports

gambling violated the anti-commandeering doctrine by “unequivocally dictat[ing] what a state legislature may and may not do”).

26. See Virginia Off. for Prot. & Advoc. v. Stewart, 563 U.S. 247, 253 (2011) (“Sovereign immunity is the privilege of the sovereign not to be sued without its

consent.”).

LEGAL BACKGROUND

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

known as the “dormant” Commerce Clause.

Dormant Commerce Clause jurisprudence holds that states

may not unduly restrict interstate commerce, even in areas where Congress has not acted.

Courts

havereadthedormantCommerceClauseintotheCommerceClauseasawayofprotectingtheowof

interstate commerce from state protectionism.

WhenanallegedviolationofthedormantCommerce

Clause occurs, courts must consider the interests of the state and determine whether the state law

places an unreasonable burden on interstate commerce.

In May, the U.S. Supreme Court affirmed existing dormant Commerce Clause jurisprudence

by upholding California’s Prop 12.

Th e EAT S Ac t woul d circumven t thi s long-standin g constitutional

doctrine by deregulating agriculture through the prohibition of preharvest state and local regulation

of imported agricultural products and the creation of a private right of action to sue for enforcement

injunctions and damages. Even state regulations that courts explicitly have determined to be in

compliance with the dormant Commerce Clause, such as Prop 12, could be nullified under the EATS Act.

Further,thestructureoftheEATSActlikelyviolatestheTenthAmendment’santi-commandeering

doctrine. The Commerce Clause grants Congress the power to regulate commerce among the states.

TheSupremacyClausemakesfederallawthesupremelawofthelaw—trumpingstatelawthatconflicts

or interferes with it, or that regulates in a sphere exclusively reserved for federal legislative control.

TheTenthAmendment,however,protectsstates’sovereigntyandauthoritytolegislatetoprotecttheir

citizens’healthandwelfare,andbarsCongressfromcommandeeringstatesbydirectlycommandingthat

they permit or prohibit something.

The EATS Act could violate the Tenth Amendment by prohibiting

statesfromregulatingimportedagriculturalproducts,includingthosethatmaybeharmfultotheircitizens’

health, safety, and welfare.

Finally,theEATSActcouldrunafouloftheEleventhAmendment’sstatesovereignimmunity

protections. The Eleventh Amendment grants states immunity from suit in certain circumstances.

While

stateandlocalofficialswithenforcementauthoritylawfullymightbecomedefendantstocitizensuit

challenges,theEATSActcouldviolatestates’rightsundertheEleventhAmendmentbyexposingstates

to direct citizen suits without their consent.

IV. FULL TEXT OF S.2019 / H.R.4417

A BILL

To prevent States and local jurisdictions from interfering with the production and distribution of

agricultural products in interstate commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in

Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Ending Agricultural Trade Suppression Act”.

SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL

GOVERNMENTS WITH PRODUCTION OF ITEMS IN OTHER STATES.

(a) DEFINITION OF AGRICULTURAL PRODUCTS.—In this section, the term “agricultural

products” has the meaning given the term in section 207 of the Agricultural Marketing Act of

1946 (7 U.S.C. 1626).

(b) PROHIBITION.—The government of a State or a unit of local government within a State shall

not impose a standard or condition on the preharvest production of any agricultural products

sold or offered for sale in interstate commerce if—

(1) the production occurs in another State; and

(2) subject to subsection (c),

the standard or condition is in addition to the standards

and conditions applicable to the production pursuant to—

(A) Federal law; and

(B) the laws of the State and unit of local government in which the

production occurs.

of an agricultural product pursuant to Federal law, or the laws of a State or unit of local

government in which the production occurs, that lack of standards and conditions shall be

27. S.2019 includes this clause; H.R.4417 omits it.

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

deemed to be the standards and conditions applicable to the production of the agricultural

product for purposes of subsection (b)(2).

SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE REGULATION OF

INTERSTATE COMMERCE.

(a) DEFINITION OF AGRICULTURAL PRODUCTS.—In this section, the term “agricultural

products” has the meaning given to the term in section 207 of the Agricultural Marketing

Act of 1946 (7 U.S.C. 1626).

(b) PRIVATE RIGHT OF ACTION.—A person, including a producer, a transporter, a distributer,

a consumer, a laborer, a trade association, the Federal Government, a State government,

or a unit of local government, that is affected by a regulation of a State or unit of local

government that regulates any aspect of 1 or more agricultural products that are sold in

interstate commerce, including any aspect of the method of production, or any means or

instrumentality through which 1 or more agricultural products are sold in interstate commerce

may bring an action in the appropriate court to invalidate that regulation and seek damages

for economic loss resulting from that regulation.

subsection (b), the court shall issue a preliminary injunction to preclude the applicable State

or unit of local government from enforcing the regulation at issue until such time as the court

entersanaljudgmentinthecase,unlesstheStateorunitoflocalgovernmentprovesby

clear and convincing evidence that—

(1) the State or unit of local government is likely to prevail on the merits at trial; and

(2) the injunction would cause irreparable harm to the State or unit of local government.

(d) STATUTE OF LIMITATIONS.—No action shall be maintained under this section unless the

action is commenced not later than 10 years after the cause of action arose.

(e) JURISDICTION.—A person described in subsection (b) may bring an action under that

subsection in—

(1) the district court of the United States for the judicial district in which the person—

(A) is affected by a regulation described in that subsection; or

(B) resides, operates, or does business; or

(2) any other appropriate court otherwise having jurisdiction.

FULL TEXT OF S.2019 / H.R.4417

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

V. SECTION-BY-SECTION ANALYSIS OF LEGISLATION

A. SECTION 1. SHORT TITLE.

This Section provides the short title for the legislation. It is to be known as the “Ending

Agricultural Trade Suppression Act.”

B. SECTION 2. PROHIBITION AGAINST INTERFERENCE BY STATE AND

LOCAL GOVERNMENTS WITH PRODUCTION OF ITEMS IN OTHER STATES.

Section 2 of the EATS Act would prohibit state and local governments from regulating imported

agricultural products brought or sold within their borders, likely in violation of the Tenth Amendment. If

enacted and upheld, it would prohibit any state or locality from imposing “standards or conditions,”

the “preharvest production” of “agricultural products” not wholly produced within their own borders—if

those regulations are “in addition to” those imposed at the federal level or in the producing state. The

newly added rule of construction provided in subsection 2(c) further states that if no relevant standards or

conditions exist at either the federal level or in the producing state or locality for an agricultural product,

then no importing state or local government may add any standards in the future for that product. This

newlanguagecouldcreatesignicantderegulatorypressureonin-stateproduction.Inordertoavoid

creating disadvantages for in-state producers by subjecting their products to more extensive regulation

than out-of-state products, states may lower or remove regulations on in-state production to match the

lack of regulation on products originating from out of state.

As a result, the EATS Act likely would have

28. As discussed in subsection 2(b)below,thephrase“standardsorcondition”isnotdened.Inthisanalysis,itispresumedtomeanstateandlocallaws,

regulations, and policies (collectively, “regulations”).

29. Oddly, the EATS Act would present a circumstance that is the opposite of one that the dormant Commerce Clause is intended to protect against: out-of-

state producers could be favored over in-state producers because they would not be required to comply with the same standards set by the importing

state or locality.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

the effect of imposing a new, de facto, nationwide regulatory ceiling of zero regulation for agricultural

products within the purview of subsection 2(c)—absent federal action.

In other words, states functionally

could be prevented from regulating the preharvest production of goods that enter their borders within

that scope of that new regulatory void and could be pressed to deregulate in-state production of

those products.

The EATS Act would commandeer state and local governments, prohibiting them from imposing

any “standard or condition” on the preharvest production of out-of-state “agricultural products” brought or

sold within their borders if those standards or conditions are “in addition” to those in effect in the producing

state and locality. In other words, if a state or local government imposes a preharvest standard or condition

on imported agricultural goods that is not in effect in the state or locality of production, the EATS Act would

prohibit the law, regulation, or policy imposing that standard or condition. Determining how to interpret the

textoftheEATSActforanyspecicimportedproduct,however,isnotstraightforward.

The basic framework of the EATS Act suggests at least a four-part inquiry to assess whether a

state or local regulation is prohibited:

1. Is the imported product an “agricultural product” within the meaning of the legislation?

2. Does the state or local law or regulation in question impose a “standard or condition” on the

“preharvest production” of that imported product?

3. In which states and localities is that product produced?

4. Is that “standard or condition” in addition to the law in effect in each state and locality of

production, if any?

 ThetextofSection2presentssignicantunansweredquestionsaboutthemeaningandscope

oftheEATSActineachpartofthisinquiry.Whatinitiallymaylooklikesimplelanguagequicklydissolves

intoaquagmireofquestionswithregardstothelegislation’sinterpretationandapplication.Eachissue

adds vast amounts of uncertainty, and collectively they make the measure almost indescribably vague.

In some instances, entire industries could survive or perish based on judicial interpretations of the EATS

Act’stextifitweretopassinitscurrentform.

The application of Section 2 would present mixed questions of fact and law for interpreting

courts. At times, the EATS Act could require a rigorous fact-based inquiry as to exactly where regulated

activities are taking place. It also would take tremendous time and resources for governing bodies and

agricultural producers to sort through potentially affected regulations to determine whether and how they

are impacted. Rulings could vary widely by jurisdiction and create a patchwork of interpretations across

30. See discussion of subsection 2(c) below for further details.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

the federal judicial circuits, absent intervention by the Supreme Court—which already explicitly has found

some of these regulations to be constitutional.

1. SUBSECTION 2(A)—DEFINITION OF AGRICULTURAL PRODUCTS.

Section 2(a) provides the clearest indication of the intended broad scope of the EATS Act. The

term“agriculturalproducts”isdenedinthelegislationtohavethemeaninggiveninsection207ofthe

Agricultural Marketing Act of 1946 (“AMA”):

The term “agricultural products” includes agricultural, horticultural, viticultural, and dairy products,

livestockandpoultry,bees,forestproducts,shandshellsh,andanyproductsthereof,

including processed and manufactured products, and any and all products raised or produced

on farms and any processed or manufactured product thereof. 7 U.S.C. § 1626.

Thisdenitionthushasfourdiscreteparts:

1. Agricultural, horticultural, viticultural, and dairy products, livestock and poultry, bees, forest

products,shandshellsh;

2. Any products, including processed and manufactured products, of such agricultural,

horticultural, viticultural, and dairy products, of livestock and poultry, of bees, of forest

products,andofshandshellsh;

3. Any and all products raised or produced on farms; and

4. Any processed or manufactured product of any product raised or produced on a farm.

 Therstclauseofthedenitionlistscategoriesofproductsthatsquarelyfallwithinthepurview

oftheterm:crops,plants,wine,dairy,animals,bees,wood,sh,andshellsh.Yetseveralotherterms

withinthislistcouldbeinterpretedindifferentways.Forexample,both“agricultural”(usedheretodene

itself) and “livestock” could apply to a broad range of articles and species. Further, the use of the word

“includes” (rather than “means”) is a textual indication that this list is not meant to be exhaustive.

 Thesecondclausegreatlyexpandsthedenitionof“agriculturalproducts”andinjectssignicant

ambiguity into the legislation. It provides that “agricultural products” also include “any products thereof,

including processed and manufactured products.” The language suggests that any product with an

agriculturalelement,nomatterhowsmall,couldfallunderthedenitionof“agriculturalproducts.”

Everything from breath mints to plastic bags, which may contain stearic acid from beef fat, might be

considered “agricultural products.” There is no limiting condition or de minimis exception governing

thisterm,andtheword“any”suggeststhatitistobeconstruedbroadly.WhileSection2(b)connes

31. See U.S. HOUSE OF REPRESENTATIVES, House Legislative Counsel’s Manual on Drafting Style, 48 (Dec. 2022), https://legcounsel.house.gov/sites/

legcounsel.house.gov/les/documents/ManualDraftStyle_2022.pdf.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

the scope of the section to barring certain standards or conditions on the “preharvest production” of

agricultural products, regulations concerning manufactured goods also could be affected insofar they

regulate the production of agricultural products used as inputs for those goods. As a result, the class

of products affected by the EATS Act is unknowable given the broad and varying uses of agricultural

products and by-products in the manufacturing of a wide range of goods.

 Thenaltwoclausesofthedenitiongoastepfurther.

These clauses state that, “any and all

products raised or produced on farms” as well as “any processed or manufactured product” made from

these products qualify as “agricultural products” under the EATS Act. This language operates as a catch-

all that captures virtually any items produced on farms. These may include pets raised commercially,

exotic animals, ingredients of plant origin, and any other products “raised or produced” at such locations

regardlessoftheirconnectiontotraditionalagriculture.Thebilldoesnotdenetheterm“farm.”

Consequently, this language creates uncertainty because almost anything could be raised or produced on

a “farm,” even items that bear no resemblance to what conventionally is thought of as agricultural products.

 Thedenitionof“agriculturalproducts”incorporatedintotheEATSAct

was drafted over seventy years ago and fails to contemplate the complexities

oftoday’smodernagriculturallandscape.Itencompassesavastnumberand

array of products including all those manufactured with organic components

such as wood, leather, cotton, and wool. Many vaccines today use eggs for

their base, pharmaceuticals like heparin and insulin may be produced from

livestock, and medicinal and dietary supplement pills frequently use cornstarch

as a primary ingredient. The determination of the boundaries of “agricultural

products” thus would have one of the greatest effects on shaping the EATS

Act’sapplication.Thisissueislargelyleftopenbythetext,however,andwould

fall to the courts to decide.

If the EATS Act passes, the question of what is and what is not an “agricultural product” within

the meaning of the statute promises to be an ongoing source of litigation for years to come. There has

beenvirtuallynocaselawinterpretingthemeaningandscopeofthe“agriculturalproducts”denition

to assist the judiciary with this task.

Canons of statutory construction could exclude some products as

not falling reasonably within the intended scope of “agricultural products.”

In determining the scope

Congressintended,therelevantquestionforareviewingcourtwouldbethedenitionof“agricultural

32. Under the canon against surplusage, it reasonably may be assumed that these clauses are in addition to the preceding clauses.

33. Audubon Soc. of Portland v. U.S. Nat. Res. Conservation Serv., a FOIA challenge concerning the meaning of “agricultural operation” for purposes of a

statutory exemption, considered the question indirectly. 841 F. Supp. 2d 1182 (D. Or. 2012). There, the reviewing court weighed whether “agricultural

operations”includedprivateforestedland(thesubjectofAudubon’sFOIArequest).Id. at 1186. The relevant statute, the Food, Conservation, and Energy

Actof2008(“FCEA”),dened“agriculturaloperations”as“theproductionandmarketingofagriculturalcommoditiesandlivestock,”butdidnotfurther

dene“agricultural”or“agriculturalcommodities.”Id. The key question was thus whether “wood or timber is considered an agricultural commodity.” Id. at

1187. Plaintiff Audubon claimed it was not, pointing to sections of FCEA that distinguished between “agricultural” and “forestry” and between “farmers”

and “forest land owners.” Id.Thedefendantagencies,bycontrast,pointedtotheAMAdenitionatissuehere,theFederalCropInsuranceAct’s(7U.S.C.

§1518)denitionof“agriculturalcommodity,”andtheAgriculturalForeignInvestmentDisclosureAct’s(7U.S.C.§3508)denitionof“agricultural,”which

all include timber and forest products. Id.Becausetheplaintiffconneditsargumenttothestatuteatissue,thecourtfounditsdenitionmorepersuasive.

Id. at 1187-88.

34. Relevant canons of construction could include the whole-text canon, which states that a text must be construed as a whole, and the presumption of

consistent usage, which maintains that a word or phrase is presumed to bear the same meaning throughout a text and that a material variation in terms

suggests a variation in meaning.

If the EATS Act passes,

the question of what

is and what is not an

“agricultural product”

within the meaning of the

statute promises to be an

ongoing source of litigation

for years to come.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

products” within the context of the EATS Act, rather than the AMA, the source statute for the language

ofthedenition.Whileareviewingcourtconsideringthedenitionof“agriculturalproducts”underthe

AMA might cabin its interpretation to the boundaries authorized by that statute,

there would be fewer

guidepostsforacourttointerpretthedenitionasitappearsintheEATSAct,giventhattheintended

boundariesofthelatterstatutearesoundened.

2. SUBSECTION 2(B)—PROHIBITION.

This subsection would attempt to expand the current reach of Congress, likely in violation of the

TenthAmendment’santi-commandeeringprohibition.Subsection2(b)wouldforbidanystate

or locality

from placing a “standard or condition” on the “preharvest production” of “agricultural products” originating

from out of state when certain conditions are met. This prohibition on state and local regulation of

imported agricultural products is the heart of the EATS Act. This subsection is the source of greatest

potentialambiguityastotheAct’sinterpretationandthegreatestuncertaintyastoitsconstitutionality.

 TofullysketchtheboundariesandmechanismsoftheEATSAct’sprohibitions,areviewingcourt

likely would need to apply the canons of statutory construction as well as consider congressional intent

andlegislativehistory.TheSupremeCourt’sprinciplesofstatutoryinterpretationcounselattempting

rsttodivinetheprovision’splainmeaning—consideringnotthedenitionofindividualwordsand

phrases in isolation, but their meaning within the context of the provision and the statute as a whole.

Attempting such a reading, one could interpret the EATS Act as prohibiting state and local governments

from regulating the preharvest production of any agricultural product unless (1) the product is produced

wholly in the regulating state or (2) the regulation is consistent with, and does not exceed, that of any

other state or locality of production or the Federal Government. This interpretation still leaves open

signicantquestionswithrespecttowhatwouldbeconsideredasregulatingpreharvestproduction.

Implementation of the EATS Act depends on the threshold question of what constitutes a “standard

orcondition.”Neitherwordisdenedinthelegislation.Commonusagesuggeststhatthesetermsdescribe

anysortoflaw,regulation,orbestpracticesstandardthathasbeencodiedbyalegislature,administrative

agency, or municipality. The drafters of the legislation chose not to use the common term “regulation,”

however. This choice raises a question as to what, if anything, the phrase “standard or condition”

encompasses that is not included within the term “regulation.” The EATS Act indicates that “a standard or

condition” is something “impose[d]” by “the government of a State or a unit of local government within a

State,”butbeyondthatprovidesnoguidanceastotheterm’sintendedscope.

35. Thequestionssurroundingthedenitionof“agriculturalproducts”andotherkeytermsintheEATSActcouldcausereviewingcourtstoinvokethe“major

questions”doctrine.AstheSupremeCourtrecentlyreafrmedinitsdecisioninvalidatingthefederalCOVID-19vaccinemandate,it“expect[s]Congress

tospeakclearlywhenauthorizinganagencytoexercisepowersofvasteconomicandpoliticalsignicance.”Nat’lFed’nofIndep.Bus.v.Dep’tofLab.,

Occupational Safety & Health Admin., 142 S. Ct. 661, 665 (2022) (quoting Alabama Assn. of Realtors v. Department of Health and Human Servs., 141

S.Ct. 2485, 2489 (2021) (per curiam) (internal quotations omitted)).

36. TheEATSActdoesnotdenetheterm“State.”Thisanalysisadoptsaconservativeapproachinunderstandingthistoapplyonlytothe50U.S.States.

Withoutacleardenition,however,thistermalsomightincludeU.S.TerritoriessuchasPuertoRico,Guam,andtheU.S.VirginIslands,asthewordhas

been read in other contexts. See, e.g.,7U.S.C.§1626(“theterm‘State’whenusedinthischaptershallincludetheVirginIslandsandGuam”).Inthe

caseoftheEATSAct,thedecisionofhowtoapplythetermnodoubtwouldhavesignicantimpactsbyremovingbarrierstointroductionofcertaincrops

or diseases not found in the 50 U.S. States and vice versa.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

Similarly, the EATS Act also uses the phrase “preharvest

production”withoutdeningtheterm.Thedelineationbetweenwhat

would be considered “preharvest” and “harvest” or “postharvest”

production is anything but clear. For instance, when a livestock

animal is sent to slaughter, the question of where “preharvest”

ends is impossible to answer from the legislative text alone. It could

be that courts would interpret “preharvest production” to include

everything up until the actual moment when that animal is killed

during slaughter. It is also possible that courts would draw the

demarcation somewhere earlier in the process, such as at the point

at which the animal enters the slaughterhouse. The boundaries that future courts interpret around what is

includedwithinthescopeof“preharvestproduction”likelywouldhavesignicantconsequencesforthe

implementation of the EATS Act.

Looking to congressional intent provides some clues to understanding the form that a “standard

or condition” on “preharvest production” must take in order for the EATS Act to prohibit it. As discussed

in the legislative history section above, the sponsors introduced the EATS Act in order to federally block

California’sProp12(andotherregulationslikeit).Prop12isapartialbanonthein-statesaleofpork,

veal, and egg products. It is a partial ban in the sense that only the sales of certain products within

each category are banned in California—those produced from animals kept in impermissibly restrictive

connementsystemsor,inthecaseofsows,fromtheirprogeny—ratherthanallpork,veal,andegg

products. As a result, the EATS Act is intended to preclude at least partial prohibitions, and restrictions

on the sale of goods seem to fall clearly within the purview of the legislation.

There also is a question as to whether total bans on particular products constitute “a standard or

condition on the production or manufacture.” One might argue that in levying a total prohibition, a state

legislature effectively renders the means of “preharvest production” irrelevant. Total bans, however, might

constituteastandardorconditiononpreharvestproductionbecauseabanonaproductcouldbedened

by conditions of production related to the identity of that product. For example, a ban on the sale of kratom

(a plant with leaves that are used as a recreational drug) in Vermont

means that producers of kratom in

other states cannot plant kratom for future sale in Vermont. In essence, whatever makes an agricultural

productdiscreteandidentiablebyaregulatormightequallyfunctionasastandardorconditionthat

theEATSActwouldprohibit.Puttingthisargumenttogetherwiththelegislation’sprohibitiononpartial

bans, arguably the EATS Act also could prohibit a total ban, which would have a much greater effect on

preharvest production than a partial ban.

Toreadthelegislationotherwisewouldbetondthatthetextof

37. Different reviewing courts might not interpret this language in the same way, creating further confusion for producers, regulators, and consumers.

38. 13 Vt. Code R. 140 011:7.

39. In the case of Prop 12, any producer who chooses to sell their pork, veal, or egg products in California may need to change certain production practices

to comply with its requirements, such as by enlarging cages. They also simply may choose not to sell their products in California, meaning that they

will shift their products to other markets—and comply with applicable regulations in those new markets—or else reduce production. Either choice

affects production, including preharvest production, within the scope of Section 3. A total sales ban would go further to affect preharvest production by

removing these choices for the producer in the regulating jurisdiction. A total ban would shut out all (legal) access to state or local markets and require

that a producer shift their products to other markets and, in all likelihood, reduce or cease production, such as by raising fewer pigs. As a result, a total

ban plausibly is within the scope of regulations precluded by the EATS Act. At the least, a total ban likely would be vulnerable to suit, injunction, and

potentially damages under Section 3. See discussion of subsection 3(b) below for analysis of the scope of the private right of action.

The boundaries that future courts

interpret around what is included

within the scope of “preharvest

production” likely would have

significant consequences for the

implementation of the EATS Act.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

the EATS Act prohibits a partial sales ban, such as Prop 12, but condones a total sales ban that has a more

signicanteffectonpreharvestproduction(andinterstatecommerce).

Whetherornottotalbansconstitute

“astandardorcondition”on“preharvestproduction”wouldhavesignicantimplicationsforarangeoflaws

potentially affected by the EATS Act, including bans on the importation of horses for slaughter for human

consumption, as well as prohibition on certain narcotics like kratom.

Because the prohibition in subsection 2(b) would apply to “any agricultural products sold or

offered for sale in interstate commerce,” the EATS Act similarly may affect “standards or conditions”

beyond sales restrictions. This language likely means that the EATS Act would affect more than end-

point regulations on sale. The phrase “sold or offered for sale” functions as an adjective phrase modifying

“products.” By including products “offered for sale,” the legislation also seems to encompass wholesale

goods moving across state lines prior to the point when they are “sold.”

Consequently, the EATS Act

could affect regulations ranging from importation and transportation restrictions on live animals and

plants to licensing and recordkeeping requirements, as discussed later in this report.

The EATS Act also is silent as to whether taxes might be included within the concept of

a “standard or condition” under the legislation. Tax rates may vary based on means of preharvest

production, or may be set so high as to constitute a virtual ban on particular items. If different forms of

a product effectively are taxed differently as a result of differences in preharvest practices (such as a

hypotheticalsalestaxbreakforgoodsproducedspecicallywithorganicallygrowncotton),astatemight

be seen as imposing its standards on imported products. It thus is unclear whether the EATS Act might

implicate tax laws, creating another area of ambiguity that would have to be resolved by the courts.

The EATS Act further could implicate laws concerning waste or hazardous substances. If a

product cannot be grown or raised without producing the type of waste or hazardous substance regulated

(for example, the toxic substances sometimes used to treat seeds), such laws effectively might be

interpreted as imposing a “standard or condition” and be precluded by the EATS Act. Many agricultural

regulations would fall within these gray areas. The legislation provides no guidance as to whether these

measures would be affected equally or not at all.

3. PARAGRAPH 2(B)(1)

Paragraph 2(b)(1) ostensibly would require that an agricultural product be produced outside of

the regulating state in order for the EATS Act to block regulation of it.

Laws that contain only a general

condition or other requirement and that do not explicitly list regulated entities or geographic areas of

effectwouldrequireafact-specicinquiryintowhichpartiesareaffectedandthestatesandlocalitiesin

which production occurs.

40. “Today,manyStatesprohibitthesaleofhorsemeatforhumanconsumption.Buttheseprohibitions‘har[m]theinterstatemarket’forhorsemeatby

denying outlets for its sale. Not only that, they distort the market for animal products more generally by pressuring horsemeat manufacturers to transition

todifferentproducts,onestheycanlawfullysellnationwide.”Nat’lPorkProducersCouncilv.Ross,143S.Ct.1142,1163(2023)(internalcitationomitted).

41. Thephrase“offeredforsale”alsocouldalsobereadtoapplythelegislation’sprohibitionstoallagriculturalproductssolongasthattype of product

sometimes is sold in interstate commerce.

42. The wording here is ambiguous. At least theoretically, it could be read expansively to prevent states from regulating agricultural products produced within

their own states as well, so long as those types of products also are produced in other states.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

4. PARAGRAPH 2(B)(2)

Paragraph 2(b)(2) would set out a two-part test: the EATS Act only applies to standards or

conditions in addition to those applicable under “[f]ederal law” and “the laws of the State and unit of

local government in which the production occurs,” if any. This portion of the text would require examining

courtstorstidentifyrelevantfederalregulationsaswellasregulationsintheplace(s)ofproduction

affecting a certain good. Next, courts would need to overlay the standard or condition in question to

see whether it goes beyond the contours of each of those other regulations. This analysis may be

straightforward—for instance, in cases where states set allowable numerical regulatory thresholds

(such as for pesticide application tolerances) that are more protective of public health than those levels

permittedbytheFederalGovernmentorsetbyotherstates.Othertimes,itmaybemoredifcultto

discern whether the challenged standard or condition is “in addition to” the relevant state or federal

regulation.Whilecourtswouldbeforcedtoengageinthistypeofpost-hocanalysisundertheEATSAct,

states would be required to do the same prior to imposing any new regulations on “agricultural products,”

orelseriskfacinglawsuits,injunctions,andthecostofpotentiallysignicantmonetarydamages.States

also would need to conduct a review of all their own existing regulations in order to determine whether

new causes of action could arise from those regulations in accordance with Section 3.

5. SUBPARAGRAPH 2(B)(2)(A)

Together with subparagraph 2(b)(2)(B), this subparagraph would prevent states and localities

from regulating the preharvest production of agricultural products imported within their boundaries

above the level of regulation effective in the place(s) of production. Subparagraph 2(b)(2)(A) references

standardsorconditionsinexcessoffederallaw,specically.TheEATSActdoesnotchangeexisting

federal regulations concerning agricultural products. Nor does it directly impose explicit federal standards

that supersede state and local laws. Functionally, however, the EATS Act would set federal regulations

as a new ceiling. Along with the laws of the state and locality of production, the federal standards would

impose a high-water mark for regulation in importing states. Any state or local regulation that goes

beyond the “applicable” regulations at the federal, state, and local level in the state of production would

be considered “in addition to” those regulations and could be prohibited under the EATS Act. This

prohibition could hold true even where, as often is the case in agricultural regulation, there is no federal

law or standard at all.

 Distinguishingbetweenstateandfederalagriculturallawscanbedifcultinareaswherethe

stateworksinconjunctionwithfederalagencies.Evenwherestateshavecodiednon-bindingfederal

guidelines or best practices, the EATS Act could have a prohibitive effect.

43. See discussion of subsection 2(c) below.

44. See discussion of subsection 2(c) below.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

6. SUBPARAGRAPH 2(B)(2)(B)

Together with subparagraph 2(b)(2)(A), this subparagraph would

prevent states and localities from regulating the preharvest production of

agricultural products imported within their boundaries beyond the level of

regulation effective in the place(s) of production. Determining whether a

certain law runs afoul of subparagraph 2(b)(2)(B) requires knowledge of “the

laws of the State and unit of local government” (emphasis added) that govern

in the jurisdiction where production takes place. This analysis could vary

from one producer to the next depending on where their particular farms or

production facilities are located. For larger entities operating in multiple states and localities, the question

of where “production occurs” may become complicated. Likewise, determining the place(s) “in which the

production occurs” for any agricultural product that contains multiple ingredients, and then determining all

applicable regulations, would become overwhelmingly complex.

In order for a regulation to be blocked by the EATS Act, an importing state or locality would need

to impose a standard or condition on an agricultural product that is higher than those, if any, in effect in the

state where “preharvest production” occurs. To determine whether a regulation meets these requirements

would require a case-by-case analysis of particular industries, as well as knowledge of individual producers

and their preharvest supply chains. The point of origin for every agricultural product would have to be

tracked carefully in order for the EATS Act to function. This tracking would be necessary even for regulated

products that contain only trace amounts of agricultural ingredients if a regulation imposes a preharvest

standard or condition that applies to that product. So too would a state seeking to regulate a given product

need to survey and track the regulations of all other potential states of production for that product, as well

as determine any applicable federal regulations in that area. If a state fails to successfully thread this needle

of regulating the preharvest production of an agricultural product no further than it already is regulated in at

least one state and locality of production, or under federal law, then that state could be subject to lawsuits,

enforcement injunctions, and potential damages by any person affected by the

regulation. The administrative costs of setting up these tracking systems for

thousands of products are incalculable in advance, but likely to be substantial.

7. SUBSECTION 2(C)—RULE OF CONSTRUCTION.

The newly added subsection 2(c) likely means that if there are no

applicable federal standards or conditions governing the production of a

particular agricultural product, that absence of regulation becomes the new

functional regulatory ceiling for that product, nationwide.

In other words,

under the EATS Act, states could not impose any preharvest regulation on

agricultural products originating outside their borders that fall within the scope

of a federal regulatory void.

The point of origin for

every agricultural product

would have to be tracked

carefully in order for the

EATS Act to function

In other words, under the

EATS Act, states could not

impose any preharvest

regulation on agricultural

products originating

outside their borders that

fall within the scope of a

federal regulatory void.

45.

See also

discussion of Section 2

supra

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

The use of “or” in the phrase “or the laws of a State or unit of local government” in subsection

2(c) is ambiguous. It may be intended to imply that, in the absence of a regulation at the federal level, an

importing state still could regulate the preharvest production of a product to the extent that it is regulated

in the original state of production. If, however, a single state of production does not regulate a given

product,thatstate’slackofregulationtoobecomesthedefactoceilingunlessstatescraftregulations

applying only to certain other states or localities.

Trying to keep track of all the applicable, ever-changing

regulations in all other potential states of production to determine a shifting regulatory ceiling would

be a near logistical impossibility for already burdened state and local governments—to say nothing of

tryingtoenforceregulationstailoredspecicallytotheplace(s)oforiginforeveryproduct.Asaresult,

a foreseeable outcome is that states would adopt only the lowest common denominator regulation for

a given agricultural product. In many instances, this lowest common denominator likely would be an

absence of federal regulation. In such cases, if enacted and upheld, the EATS Act effectively would

create a federal bar against any state and local regulations concerning the preharvest production of that

imported agricultural product.

C. TENTH AMENDMENT AND SUPREMACY CLAUSE ISSUES IN SECTION 2

The EATS Act seeks to strip away the authority of state and local governments to legislate with

respect to agricultural products. Section 2 of the EATS Act thus raises serious Tenth Amendment and

Supremacy Clause issues.

The Tenth Amendment to the U.S. Constitution provides: “The powers not delegated to the United

States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or

to the people.” This constitutional provision is the basis for what is known as the anti-commandeering

doctrine, which holds that Congress cannot compel or forbid state action.

WhileCongressmaydisplace

state legislation by enacting preemptive federal legislation pursuant to its enumerated powers under the

Constitution,itmaynotdirectlycontrolstategovernmentoritsofcials.

 Theanti-commandeeringdoctrineispartoftheConstitution’sguaranteeofstatesovereignty.In

the 2018 case, Murphy v. National Collegiate Athletic Association, the U.S. Supreme Court made clear

that federal laws similar to the proposed EATS Act violate the anti-commandeering doctrine.

In that

case,theCourtafrmedthatalllegislativepowernotgrantedCongressviatheConstitution’scertain

enumeratedpowers“isreservedfortheStates,astheTenthAmendmentconrms.Andconspicuously

absent from the list of powers given to Congress is the power to issue direct orders to the governments

of the States. The anticommandeering doctrine simply represents the recognition of this limit on

46. Any such regulations would need to comply with the dormant Commerce Clause.

47. “The anti-commandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the

Constitution, i.e., the decision to withhold from Congress the power to issue orders directly to the States.” Murphy v. National Collegiate Athletic

Association, 138 S. Ct. 1461, 1475 (2018).

48. “WehavealwaysunderstoodthatevenwhereCongresshastheauthorityundertheConstitutiontopasslawsrequiringorprohibitingcertainacts,it

lacksthepowerdirectlytocompeltheStatestorequireorprohibitthoseacts.”Murphyv.Nat’lCollegiateAthleticAss’n,138S.Ct.1461,1476–77(2018)

(quoting New York v. United States, 505 U.S. 144, 166 (1992)).

49. 138 S. Ct. 1461, 1478 (2018) (holding that a federal law preventing states from allowing sports gambling violated the anti-commandeering doctrine by

“unequivocally dictat[ing] what a state legislature may and may not do”).

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

congressional authority.”

In Murphy,theCourtfurtherclariedthattheanti-commandeeringdoctrine

extends to Congressional prohibitions on state action.

There, the Court found no distinction between

ordering states to act and prohibiting them from acting because both offend “[t]he basic principle—that

Congress cannot issue direct orders to state legislatures.”

The anti-commandeering doctrine does not prevent Congress from displacing state law with

federallawsgoverningprivateactorsoramixofpublicandprivateentities.WhenCongressdoesexercise

its legislative powers, the Supremacy Clause in Article VI, Clause 2 of the U.S. Constitution makes that

federallawthe“supremeLawoftheLand,”preemptinganyconictingstatelaw.Inordertodistinguish

unconstitutional “commandeering” from constitutional preemption, the Court explained in Murphy that:

Preemption is based on the Supremacy Clause, and that Clause is not an independent grant

of legislative power to Congress... It species that federal law is supreme in case of a conict

with state law. Therefore, in order for the [federal law] to preempt state law, it must satisfy two

requirements. First, it must represent the exercise of a power conferred on Congress by the

Constitution; pointing to the Supremacy Clause will not do. Second, since the Constitution

confers upon Congress the power to regulate individuals, not States, the [federal law] at issue

must be best read as one that regulates private actors.

The commandeering nature of the EATS Act is even more apparent in light

of the language in subsection 2(c), which could be read to hold that an absence

of federal regulation of an imported agricultural product could preclude any state

andlocalregulationofit.WhenCongressislegislatingsubstantivelytosupplant

state law through regulations on private actors, the Supremacy Clause applies.

WhenCongressissimplyremovingstatelegislativeauthoritywithoutany

concomitant substantive federal policy, the Supremacy Clause does not apply.

The EATS Act would attempt the latter, as the rule of construction in subsection

2(c) of the text makes explicit.

Even in the absence of any differing federal (or

state or local) policy, a preharvest production standard or condition imposed by

a state or locality on imported products would be invalid under the EATS Act.

In this way, the EATS Act seeks to create a regulatory void for some products,

where states impermissibly would be restricted from legislating.

Congress can displace

state law when it regulates

individuals pursuant

to a valid exercise of its

enumerated powers. But it

cannot do what the EATS

Act would do: bar states

from legislating on a

given subject.

50. Id. at 1476.

51. Id. at 1478.

52. Id.

53. Id. at 1479 (internal quotations omitted).

54. The Supreme Court recently issued another anti-commandeering decision in Haaland v. Brackeen, 143 S.Ct. 1609 (2023). In Haaland, the Court found

that a federal law did not violate the anti-commandeering doctrine because it applies “evenhandedly” to both private and state actors. Unlike in Haaland,

the EATS Act would not apply “evenhandedly” to state and private actors because its prohibition directs only state and local governments, not private

actors.WhileSection3oftheEATSActgivesprivateparties(aswellasgovernmentbodies)arighttosuestateandlocalgovernmentsforusingtheir

sovereign authority to enact prohibited legislation on pre-harvest production methods, this private right of action is voluntary. The mandatory portion of

the legislation, the Section 2 prohibition, applies only to state and local governments, impermissibly “harness[ing]” the legislative and executive authority

of states. Id. at 1632. Further, unlike in Haaland, under the EATS Act, Congress would prohibit states from adopting a state policy even in the absence of

any substantive federal policy. As a result, the principles of Murphy are more applicable to the EATS Act.

55. The new language in subsection 2(c), which did not appear in previous iterations of the legislation, seems to evidence an intent by the drafters to preclude

state and local regulation by commandeering state and locality regulatory authority, rather than to constitutionally preempt their authority through a

positive exercise of federal authority directly over private actors, such as agricultural industry participants.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

 Thereremainsaquestionofhowtheanti-commandeeringdoctrineaffectstheEATSAct’s

restriction on local government regulation. Because the doctrine is an articulation of the limited,

enumeratednatureofCongress’slegislativeauthority,itisplausiblethatthedoctrineextendstopreclude

Congress from directly controlling local governments, as well. For instance, the U.S. Court of Appeals

for the Third Circuit recently invalidated two provisions of a federal law regulating states and localities,

ndingthatthefederalprovisionswerenotpreemptivebecausetheydidnotactuponprivateactors.

Similarly,courtsmightndthattheEATSActviolatestheanti-commandeeringdoctrineandlacks

preemptive effect because it attempts to directly regulate state and local governments, not private actors.

Just as clearly as articulated in Murphy, enactment of Section 2 of the EATS Act would be “as

iffederalofcerswereinstalledinstatelegislativechambersandwerearmedwiththeauthoritytostop

legislators from voting on any offending proposals. A more direct affront to state sovereignty is not easy

to imagine.”

Thus,theEATSAct’sprohibitiononstateregulationlikelywouldbeunconstitutionalunder

the Tenth Amendment even if the legislation focused on only one industry.

D. SECTION 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE

REGULATION OF INTERSTATE COMMERCE.

Section 3 of the EATS Act would confer a private right of action to legally challenge any state

or local law “that regulates any aspect of 1 or more agricultural products that are sold in interstate

commerce... or any means or instrumentality through which 1 or more agricultural products are sold in

interstatecommerce.”ThisprivaterightofactionispotentiallymuchbroaderthanSection2’sprohibition,

lackinglanguageconningitsprovisionsonlytoregulationsrelatedtopreharvestproduction.Section

3 provides for injunctive relief, shifts the burden to states and localities to defend their laws, and allows

for monetary damages to be assessed against state and local governments. The language of Section

3,however,raisesquestionsofinterpretationandsignicantconstitutionalconcerns,suchasstate

sovereign immunity under the Eleventh Amendment, as discussed below. Given these concerns, its

provisions might be found inoperable or interpreted narrowly by the courts.

 CourtsmayinterpretSection3inoneofthreeways.First,theymaynditscitizensuitprovision

inoperable because it does not specify particular triggering legal violations. Generally, citizen suit provisions

attachtoaspecicviolationofanunderlyingstatute.Thesubstantialambiguitycreatedbythelanguagein

Section 3, which does not specify the circumstances under which a cause of action would arise (beyond a

person being affected by a regulation), could lead a court to disregard Section 3 of the EATS Act altogether.

A second possible outcome is that a court could read the broad language of Section 3 as itself

establishing a new legal violation that may be enforced by private parties. To construe Section 3 in such

a manner would lead to absurd results, however—providing anyone affected by the regulation of an

agricultural product in interstate commerce with Article III standing the opportunity to sue, likely obtain

56. OceanCty.Bd.ofCommissionersv.Att’yGen.ofStateofNewJersey,8F.4th176,181–82(3dCir.2021).“Afederalstatutethatdoesnotregulateprivate

actors cannot serve as a basis for preemption.” Id. at 182.

57. Murphy at 1478.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

58. Reading Section 3 in this way would be consistent with the whole-text canon, discussed supra.

59. The presumption of consistent usage, discussed supra, would counsel that the use of these different phrases demonstrates intent for different meanings.

Under that reading, the interpretation of “standard or condition” becomes even more fraught.

at least a preliminary injunction of that regulation, and potentially secure damages and a permanent

injunction.Inpractice,thisreadingcouldopentheoodgatesandforcestateandlocalgovernmentsto

answer to a near endless onslaught of litigation over any regulation of any agricultural products. Given

these concerns, a court might decline to read Section 3 this way, although such a reading is not outside

the scope of the ambiguous language provided.

The third and most plausible interpretation of Section 3 would be to read its provision only in

conjunction with Section 2.

In general, citizen suit provisions are written narrowly and give authorization

forprivatepartiestobringsuitonlyinresponsetospecicviolations.Here,nosuchreferenceexistsand

theprovisionmakeslittlesenseinisolation.Acourtthuscouldndthatthelegislation’sdraftersmeant

to refer back to and specify violations of Section 2 as the particular cause of action being enforced here.

Whileitappearssuchareadingisinlinewiththedrafters’intent,itbearsmentionthatthelanguageof

Section 3 departs from that of Section 2 in important ways.

Fundamentally, there is little congruence between “a standard or condition on the preharvest

production of any agricultural products” and the much broader language of Section 3, “a regulation...

that regulates any aspect of 1 or more agricultural products... including any aspect of the method of

production, or any means or instrumentality through which 1 or more agricultural products are sold

in interstate commerce.” Not only does the language encompass regulations touching “any aspect of

1 or more agricultural products,” it also expands to include regulations applicable to “any means or

instrumentality through which” such a product is sold. It is unclear whether the EATS Act drafters intended

that the terms “standard or condition” in Section 2 and “regulation” in Section 3 to mean different things,

but the mismatched language could cause considerable trouble for a court looking to interpret the text.

If the third interpretation of Section 3 prevails, under which Section 3

would enable private citizens to bring suit over violations of the prohibition in

Section 2,

the effects that this portion of the EATS Act would have could be

extreme. State and local agricultural laws across the U.S. would be vulnerable

to challenge by other states, the Federal Government, private entities, or even

foreign governments seeking to exact monetary damages. If Section 3 were

enforcedaswritten,statescouldbeoodedwithlawsuitsanddamageclaims.

These suits could seek payments from states for taking common sense actions

such as enforcing restrictions on the importation of disease-infected livestock

or pest-infested plants. Innumerable sensible health, safety, and welfare

regulations would be susceptible to challenge. On a macro-level, as currently

written, the EATS Act might require state and local governments to expend

signicanttaxpayerdollarsinordertodefendtheirregulationsincourtandto

pay for potentially substantial damage awards.

... as currently written,

the EATS Act might

require state and local

governments to expend

significant taxpayer

dollars in order to

defend their regulations

in court and to pay for

potentially substantial

damage awards.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

1. SUBSECTION 3(A)—DEFINITION OF AGRICULTURAL PRODUCTS.

 Subsection3(a)repeatsthesamedenitionof“agriculturalproducts”asusedinSection2(a).

See the discussion of subsection 2(a) supraforanalysisofthepotentialscopeofthisdenition.

2. SUBSECTION 3(B)—PRIVATE RIGHT OF ACTION.

Subsection 3(b) would provide a right of action to challenge “a regulation

of a State or unit of local government that regulates any aspect of 1 or more

agricultural products that are sold in interstate commerce.” Next, subsection

3(b) lays out two available remedies: courts may both “invalidate that regulation”

and award “damages for economic loss resulting from that regulation.” Though

it is not stated explicitly, courts likely would award these damages against the

“State or unit of local government” that imposed the regulation, which would have

to be drawn from the State treasury or municipal funds. As discussed further

below,

undertheEleventhAmendment’sstatesovereignimmunityprotections,

states themselves likely would be shielded from direct suit by private entities. States still could be directly

subject to suit from other sovereigns, including other states and the Federal Government, though.

Further, local governments themselves could be vulnerable to lawsuits from any affected party unless

theyareconsideredtobearmsofastate.Perhapsmoresignicantly,stateandlocalofcialswith

enforcement authority, may not be protected from liability under subsection 3(b) and potentially could be

subject to extensive, expensive litigation and enforcement injunctions.

 Subsection3(b)additionallyraisesanumberofmorespecic,

interpretive questions. Most of these relate to scope. The language

of subsection 3(b) does not make clear whether it applies only to

agricultural products moved in interstate commerce or whether it

applies to all agricultural products so long as that type of product is sold

in interstate commerce. For example, the language could be found to

apply to oranges generally because they move in interstate commerce

rather than to a particular orange that may or may not cross state lines.

Under such an interpretation, an orange producer in Florida potentially

mightbeabletosueofcialsintheirownstategovernmenttochallenge

in-state regulations related to oranges under the EATS Act since

oranges are a type of product sold in interstate commerce.

 Further,subsection3(b)denesnoterms.Asdiscussedearlier,thesubsectionemploysthe

word “regulation” rather than the phrase “standard or condition” used in Section 2. Though “regulation”

can refer collectively to both statutory law and regulations established by agencies, one could narrowly

interpret Section 3 to govern only the latter. The legislative history, however, suggests that the EATS

Act was drafted to target California laws, so its intended scope likely includes both statutory laws and

60. See Eleventh Amendment Concerns below.

Under such an interpretation,

an orange producer in Florida

potentially might be able to

sue officials in their own state

government to challenge in-state

regulations related to oranges

under the EATS Act since

oranges are a type of product

sold in interstate commerce.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

regulations. This reading, though, creates a new problem of how to interpret “standard or condition,” the

plain meaning of which also would appear to cover both. This lack of congruence between the language

ofSections2and3wouldpresentsignicantinterpretativechallengesforreviewingcourts.

3. SUBSECTION 3(C)—PRELIMINARY INJUNCTION.

Subsection 3(c) would give plaintiffs the right to receive a preliminary injunction on the enforcement

of a challenged regulation and lays out the standard to receive such relief. This preliminary injunction is

intended to provide plaintiffs with immediate relief by “preclud[ing] the applicable State or unit of local

governmentfromenforcingtheregulationatissueuntilsuchtimeasthecourtentersanaljudgmentin

thecase.”Itmaytakeyearsforacourttoreachanaldecision,especiallygiventhebacklogofcases

thatmightbecreatedbytheEATSAct.Subsequentrelatedlawsuitsledbyotheraggrievedpartiescould

extendtheseinjunctionsalmostindenitely.Subsection3(c)thuscouldtietheregulatoryhandsofstate

and local governments for years to come across a broad swath of legal areas related to agriculture.

Historically, the burden of proving entitlement to a preliminary injunction falls squarely on the

party seeking injunctive relief. Over a hundred years ago, the Supreme Court in Ex Parte Young held that

“toenjoinproceedingsbystateofcialstoenforcethelegislativeactsofthestate...noinjunctionought

tobegrantedunlessinacasereasonablyfreefromdoubt.Wethinksuchruleis,andwillbe,followed

by all the judges of the Federal courts.”

More recently, the Supreme Court has been explicit about the

burden of proof, addressing the issue in Winter v. Natural Resources Defense Council, Inc.

In Winter,

JusticeRobertslaidouttheCourt’snotoriouslyhighstandard:“Aplaintiffseekingapreliminaryinjunction

must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the

absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the

public interest.”

This standard is in stark contrast to Section 3 of the EATS Act, which would take this

conventional test and invert it in favor of the plaintiff.

Unlike the traditional standard prescribed by the Supreme Court in Winter and Ex Parte Young,

the EATS Act provides for the issuance of a preliminary injunction unless the government defendant

can prove by clear and convincing evidence: (1) a likelihood of success on the merits of its defense and

(2) irreparable harm to the state or locality should an injunction be imposed.

4. PARAGRAPH 3(C)(1)

Paragraph 3(c)(1) would require a state or local government defendant to show that it is more

likely than not to succeed on the merits of the case at trial in order to defeat a preliminary injunction.

Agovernment’savenuestomakesuchashowingarelimited.Onewaywouldbetoshowthatthe

regulated good is not an “agricultural product.” A good that is not an agricultural product falls outside

thescopeofthelaw.Yet,thissortofshowingmaybedifcultgiventheexpansivedenitionprovided.

Beyond contesting whether a product is an agricultural product within the meaning of the EATS Act,

61. 209 U.S. 123, 166–67 (1908).

62. 555 U.S. 7 (2008).

63. Id. at 20.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

a state or local government might be able to argue in some instances that the

product is not sold in interstate commerce, but that is unlikely to be the case

for most goods.

For agricultural products in interstate commerce, the state or locality

would have limited means to challenge the broad right of action created in

subsection 3(b). If Section 3 were enacted and interpreted broadly, so long as

a challenged regulation affects agricultural products in interstate commerce,

it would be straightforward for a plaintiff with standing to secure a preliminary

injunctionpreventingstateorlocalgovernmentofcialsfromenforcingthat

regulation. Plaintiffs would face a far more generous standard under Section 3

of the EATS Act than under the usual context in which a preliminary injunction

may be sought in federal court, including in cases involving fundamental

civil rights.

5. PARAGRAPH 3(C)(2)

Paragraph 3(c)(2) would require a state or local government to show that it would suffer

“irreparable harm” if a court were to enjoin it from enforcing the regulation in question. States and

localities may be able to make strong showings on this issue for certain products. Many agricultural

regulations have a direct nexus to public health and safety, which state and local governments could use

to demonstrate a risk of injury to citizens or property that rises to the level of irreparable harm. It should

be noted, however, that this bar is high. Even if a state or locality succeeded in demonstrating irreparable

harm under paragraph 3(c)(2), a plaintiff still would receive a preliminary injunction if the state or local

government could not demonstrate a likelihood of success on the merits under paragraph 3(c)(1). Oddly,

irreparable harm may be the easier hurdle to clear. States must prevail under both paragraph 3(c)(1) and

paragraph 3(c)(2) in order to continue enforcing the law in question.

6. SUBSECTION 3(D)—STATUTE OF

LIMITATIONS.

Subsection 3(d) would impose a ten-year statute of limitations

for claims under this Section. The clock would begin when the

“cause of action arose.” However, the EATS Act text does not

specify whether this statute of limitations refers to the date

the regulation went into effect or the time at which the plaintiff

suffered injury from it. In the latter case, legislation could be open

to challenge even if it was implemented more than a decade

before. These timelines become important when considering the

possibility of retrospective damages claims under subsection 3(b).

Plaintiffs would face a far

more generous standard

under Section 3 of the

EATS Act than under the

usual context in which a

preliminary injunction

may be sought in federal

court, including in cases

involving fundamental

civil rights.

... the EATS Act text does not specify

whether this statute of limitations

refers to the date the regulation went

into effect or the time at which the

plaintiff suffered injury from it. In the

latter case, legislation could be open to

challenge even if it was implemented

more than a decade before.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

Because subsection 3(d) does not state that it is limited to new state

laws, a question arises whether Section 3 may be intended to allow plaintiffs

to challenge laws that were enacted years before the effective date of the

EATS Act. Comments made by sponsors of the legislation indicating their

intent to federally block Prop 12 would seem to support this reading. There is,

however, a presumption against retroactivity.

Section 3 contains no explicit

language concerning retroactivity, and retroactive intent is at least ambiguous.

Consequently, rather than being read to be retroactive within the ten years

preceding enactment, a court may be more likely to read Section 3 to permit

suitwithintenyearsofthetimewhenacauseofactionaroseandtond

that such a cause of action could arise from an existing regulation imposed

more than ten years before but still in effect. Such a reading avoids reading

retroactivity into the statute but still enables the EATS Act to accomplish

its intended purpose of displacing Prop 12 and similar regulations, as well

as many others not envisioned by the sponsors of the legislation. The EATS Act thus would provide

a vehicle for challenging over a thousand long-standing state and local regulations and chill further

lawmaking related to at least the preharvest production of imported agricultural products.

7. SUBSECTION 3(E)—JURISDICTION

 Subsection3(e)clariesjurisdictionoverclaimsthatcould

be brought pursuant to Section 3. It would paint jurisdiction with the

broadest possible brush, enabling lawsuits to be brought in federal

district courts located where a plaintiff “is affected by a regulation” or

“resides, operates, or does business.” It also would permit challenges to

be brought in “any other appropriate court otherwise having jurisdiction.”

Through this language, the legislation does not narrow access to the

courts. Rather, the EATS Act would throw open the courthouse doors

forapotentialoodofnewlitigation—whichessentiallycouldbebrought

by any party affected by any aspect of a regulation on any agricultural

product in interstate commerce in any court with jurisdiction so long

as that party meets Article III standing requirements. In doing so, the

EATS Act would shift massive power from state and local legislative

bodies to the federal judiciary and, together with Section 2, federal

64. See, e.g., Congressional Research Service, Retroactive Legislation: A Primer for Congress, 1 (Aug. 15, 2019), https://sgp.fas.org/crs/misc/IF11293.pdf

(“Congress has much greater leeway to enact retroactive legislation in the civil sphere than in the criminal sphere. However, certain constitutional limits

apply, and courts interpreting ambiguous statutes apply a general presumption against retroactivity.”)

65. Should other sections of the legislation be removed through the legislative process prior to passage or found unconstitutional by reviewing courts, there

issomequestionastowhetherSection3mightbeabletostandalone.IfSection3weretopasswithoutSection2,acourtmaynditmeaningless

withoutdirectreferencetoaspecicviolation.Thatsaid,acourttheoreticallycouldreadthestatutetograntabroadprivaterightofactiontothose

seeking to challenge existing agricultural regulations on other grounds. In this case, petitioners need not allege a violation of the prohibition in Section 2

oftheEATSAct,butinsteadcoulduseSection3tobringsuitforotherclaims.IfSection3weretobeenactedonitsown,andajudgeweretondthatthe

statute still has meaning, the necessary questions to determine whether it authorizes suit would be: (1) is the relevant product an “agricultural product”?;

(2)isthatproductsoldininterstatecommerce?;and(3)doestheregulationinquestion“affect[]”“anyaspect”ofthatproduct’sproduction(including,

plausibly, conditions even after preharvest)? None of these three requirements would pose a high hurdle. A plaintiff still would need to have Article III

standing as well.

The EATS Act thus

would provide a vehicle

for challenging over a

thousand long-standing

state and local regulations

and chill further

lawmaking related to

at least the preharvest

production of imported

agricultural products.

... EATS Act would throw

open the courthouse doors

for a potential flood of new

litigation—which essentially

could be brought by any party

affected by any aspect of a

regulation on any agricultural

product in interstate commerce

in any court with jurisdiction so

long as that party meets Article

III standing requirements.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

administrative agencies. Such a shift would upset the long-standing constitutional balance established by

thisnation’sfounders.

E. CONSTITUTIONAL ISSUES IN SECTION 3

 Section3raisessignicantconstitutionalquestions.Asathresholdmatter,itwouldappear

to grant private parties an almost unlimited right to sue. However, plaintiffs still would need to satisfy

requirements for standing under Article III. In addition, Section 3 of the Act raises serious Eleventh

Amendment concerns.

1. ARTICLE III STANDING

A citizen suit provision such as Section 3 cannot grant standing in and of itself.

Plaintiffs still must

meet standing requirements in order to bring suit in federal courts under Article III of the U.S. Constitution.

Producers, trade associations, transporters, and distributors likely could make relatively straightforward

claimsofeconomiclossandestablishstanding.Consumers,though,mighthaveamoredifculttime

demonstrating standing for purposes of Article III. Unlike producers, their injuries may be more speculative

in nature. Some consumer injuries under the EATS Act might not warrant standing, such as a de minimis

difference in the price of a product. Finally, alleged consumer injuries may tend to be more generalizable

and therefore fail to meet the requirements of concrete and particular harm. Laborers bringing claims could

havedifcultyshowingthatalossofemploymentisattributabletoaparticularlaw,especiallyifmarket

conditions have changed, and their claims might fail with respect to redressability.

 WhileSection3mayprovideprivatepartiesanopendoorintocourt,oncethere,theywould

face familiar hurdles with respect to meeting Article III standing requirements. These constitutional

prerequisites cannot be overwritten by federal legislation.

2. ELEVENTH AMENDMENT CONCERNS

 Section3oftheEATSActraisessignicantEleventhAmendmentconcerns.TheEleventh

Amendment to the U.S. Constitution prevents private citizens in one state from bringing suit directly

against another state in federal court. The Supreme Court has interpreted the Eleventh Amendment

to extend this same protection to states for claims brought directly without their consent by their own

citizens.

Together, this doctrine is known as “state sovereign immunity.”

In Section 3, the EATS Act

attempts to waive the rights of states not to be sued without consent and to allow private entities to exact

equitable remedies and damages from them. Importantly, Section 3 also could create liability for state

66. Lujanv.DefendersofWildlife,504U.S.555,560–61(1992).Inpriorlitigation,someopponentstothetypesoflawsthattheEATSActaimstopreclude

have failed to meet the requisite conditions of Article III standing. See, e.g., Missouri ex rel. Koster v. Harris, 847 F.3d 646, 654 (9th Cir. 2017) (held that

the facts alleged were inadequate to support Article III standing in challenge to a Prop 12-antecedent law, the California Egg Law).

67. See Lujan, 504 U.S. at 560–61.

68. “[T]he[Supreme]CourthasupheldStates’assertionsofsovereignimmunityinvariouscontextsfallingoutsidetheliteraltextoftheEleventhAmendment.

In Hans, the Court held that sovereign immunity barred a citizen from suing his own State under the federal-question head of jurisdiction. The Court

wasunmovedbythepetitioner’sargumentthattheEleventhAmendment,byitsterms,appliedonlytosuitsbroughtbycitizensofotherStates.”Aldenv.

Maine, 527 U.S. 706, 727–28 (1999) (citing Hans v. Louisiana, 134 U.S. 1, 14–15 (1890)) (applying these rules to actions brought in state court as well).

69. “Sovereign immunity is the privilege of the sovereign not to be sued without its consent.” Virginia Off. for Prot. & Advoc. v. Stewart, 563 U.S. 247, 253 (2011).

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

andlocalofcialschargedwithenforcement,potentiallyexposingthemtoextensive,expensive,and

time-consuming litigation and subjecting them to injunction.

 WhetherCongressmayabrogatestatesovereignimmunitydependsontheconstitutionalbasis

on which it acts.

The EATS Act implicitly relies on Article I, Section 8, Clause 3 of the U.S. Constitution,

colloquially known as the Commerce Clause, for its authority. As the Supreme Court has ruled,

however, Congress may not use its authority under Article I to abrogate state sovereign immunity.

This

jurisprudence makes clear that Congress does not have the authority to subject states to suit from private

citizens under the Commerce Clause.

Accordingly, Section 3 of the EATS Act as applied to private

parties bringing suit directly against states themselves likely is unconstitutional.

There are caveats to state sovereign immunity doctrine, though. Principally, state immunity does

not extend to other sovereigns.

As a result, states are free to bring suit against one another for equitable

relief and damage awards.

The Federal Government also is free to bring such claims.

Moreover, Section 3 could expand liability exposure for state and

localofcials.AlthoughSection3doesnotspecicallymentionstateorlocal

ofcials,areviewingcourtmightinterpretitslanguagetoincludethemwithin

the private right of action in order to save the section from being found wholly

unconstitutional under the Eleventh Amendment. Under such an interpretation,

partiesmightbeabletosuepublicofcialsintheirofcialcapacitiestoenjoin

them from enforcing state law barred by the EATS Act.

Parties eligible to

bring suit potentially even could include private entities who would be unable

to sue the states themselves directly.

Inlawsuitsagainststateofcialsintheir

ofcialcapacities,however,onlyequitableremedies—notdamages—wouldbe

70. “A State may waive its sovereign immunity at its pleasure and in some circumstances Congress may abrogate it by appropriate legislation. But absent

waiverorvalidabrogation,federalcourtsmaynotentertainaprivateperson’ssuitagainstaState.”Id. at 253–54 (referencing College Savings Bank v.

Florida Prepaid Postsecondary Ed. Expense Bd., 527 U.S. 666, 675–676 (1999)).

71. “Even when the Constitution vests in Congress complete law-making authority over a particular area, the Eleventh Amendment prevents congressional

authorization of suits by private parties against unconsenting States. The Eleventh Amendment restricts the judicial power under Article III, and Article

I cannot be used to circumvent the constitutional limitations placed upon federal jurisdiction.” Seminole Tribe v. Florida, 517 U.S. 44, 72–73 (1996)

(overrulingtheCourt’spreviousconclusioninPennsylvania v. Union Gas Co.,491U.S.1,19(1989),that“CongresshastheauthoritytooverrideStates’

immunity when legislating pursuant to the Commerce Clause”).

72. “WehaverecognizedthatCongressmayabrogateaState’simmunitywhenitactsunder§5oftheFourteenthAmendment,butnotwhenitactsunder

its original Article I authority to regulate commerce.” Virginia Off. for Prot. & Advoc. v. Stewart, 563 U.S. at 254 n.2 (citing Seminole Tribe of Fla. v. Florida,

517 U.S. at 59; 65–66).

73. “In ratifying the Constitution, the States consented to suits brought by other States or by the Federal Government.” Alden, 527 U.S. at 755 (citing

Principality of Monaco v. State of Mississippi, 292 U.S. 313, 328–29 (1934)).

74. “[T]he Constitution contemplates suits among the members of the federal system as an alternative to extralegal measures.” Alden, 527 U.S. at 755–56

(recognizingthat“thefearofprivatesuitsagainstnonconsentingStateswasthecentralreasongivenbytheFounderswhochosetopreservetheStates’

sovereign immunity”).

75. “A suit which is commenced and prosecuted against a State in the name of the United States by those who are entrusted with the constitutional duty to

‘takeCarethattheLawsbefaithfullyexecuted,’U.S.Const.,Art.II,§3,differsinkindfromthesuitofanindividual...SuitsbroughtbytheUnitedStates

itself require the exercise of political responsibility for each suit prosecuted against a State, a control which is absent from a broad delegation to private

persons to sue nonconsenting States.” Alden, 527 U.S. at 755–56.

76. See Alden,527U.S.at756(“[S]overeignimmunity[doesnot]barallsuitsagainststateofcers,”but“[s]omesuitsagainststateofcersarebarredby

the rule that sovereign immunity is not limited to suits which name the State as a party if the suits are, in fact, against the State.”). Legislators likely are

immune from suit, as the Supreme Court has “recognized that state legislators enjoy common-law immunity from liability for their legislative acts, an

immunity that is similar in origin and rationale to that accorded Congressmen under the Speech or Debate Clause.” Supreme Ct. of Virginia v. Consumers

Union of U. S., Inc., 446 U.S. 719, 732 (1980) (citing Tenney v. Brandhove, 341 U.S. 367 (1951)).

77. “[W]henafederalcourtcommandsastateofcialtodonothingmorethanrefrainfromviolatingfederallaw,[thatofcial]isnottheStateforsovereign-

immunitypurposes.Thedoctrineislimitedtothatprecisesituation,anddoesnotapply‘whenthestateisthereal,substantialpartyininterest.’”Virginia

Off. for Prot. & Advoc. v. Stewart, 563 U.S. at 255 (quoting Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 101 (1984) (internal quotation

omitted))(discussingthestateofcialexceptiontothesovereignimmunitydoctrineestablishedinExparteYoung,209U.S.123(1908)).

Under such an

interpretation, parties

might be able to sue public

officials in their official

capacities to enjoin them

from enforcing state law

barred by the EATS Act.

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

available.

AstheSupremeCourthasclaried,the“EleventhAmendment’sprotectionofstatesovereignty

requiresthestate’scofferstobeshieldedfromsuit.”

Intheirindividualcapacities,stateandlocalofcials

might be subject to suit and payment of personal damages, but only in instances where a reviewing court

found that they personally had acted unconstitutionally and unreasonably, outside the bounds of the

qualiedimmunitythattheyenjoywhenperformingdiscretionaryduties

within their scope of employment.

 Notably,theEleventhAmendment’ssovereignimmunity

doctrine does not protect many forms of local government from

lawsuits.

Under the EATS Act, private parties would be able to proceed

with claims against “a unit of local government” both for injunctive

relief and damages unless the local governing body is an “arm of the

State.”

Whendeterminingwhetheranentityisa“armofthestate,”

and

therefore protected from suit, courts consider the status of the entity

under state law, its degree of autonomy, and whether judgment

resulting from the suit would come from the state treasury or affront

state dignity.

Municipal or county governments that are not arms of a state would not be protected by

Eleventh Amendment immunity

and likely would be subjected to lawsuits under the EATS Act.

78. “Thedoctrine...doesnotapply...whenthe‘judgmentsoughtwouldexpenditselfonthepublictreasuryordomain,orinterferewithpublicadministration.’”

Virginia Off. for Prot. & Advoc. v. Stewart, 563 U.S. at 255 (quoting Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 101 n.11 (1984) (internal

quotation omitted)).

79. Edelman v. Jordan, 415 U.S. 651, 666 (1974); see also Virginia Off. for Prot. & Advoc. v. Stewart, 563 U.S. at 256–57 (“Ex parte Young cannot be used to

obtainaninjunctionrequiringthepaymentoffundsfromtheState’streasury”(citingEdelman)).

80. See Alden,ndingthat“[e]venasuitformoneydamagesmaybeprosecutedagainstastateofcerinhisindividualcapacityforunconstitutionalor

wrongfulconductfairlyattributabletotheofcerhimself,solongasthereliefissoughtnotfromthestatetreasurybutfromtheofcerpersonally,”527

U.S. at 757; Anderson v. Creighton,statingthat“governmentofcialsperformingdiscretionaryfunctions[aregenerallyprovided]withaqualiedimmunity,

shielding them from civil damages liability as long as their actions could reasonably have been thought consistent with the rights they are alleged to have

violated...[W]hetheranofcialprotectedbyqualiedimmunitymaybeheldpersonallyliableforanallegedlyunlawfulofcialactiongenerallyturnsonthe

‘objectivelegalreasonableness’oftheaction,”483U.S.635,638–39(1987)(citationsomitted).

81. See Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 280 (1977) (“The bar of the Eleventh Amendment to suit in federal courts extends to

Statesandstateofcialsinappropriatecircumstances,butdoesnotextendtocountiesandsimilarmunicipalcorporations”(citationsomitted));see also

Moorv.AlamedaCounty,411U.S.693,717(1973)(footnoteomitted)(ndingthat“apoliticalsubdivisionofaState,unlessitissimply‘thearmoralter

egooftheState,’isacitizenoftheStatefordiversitypurposes”).

82. Local forms of government that can be said to be “arm[s] of the State” are eligible for Eleventh Amendment immunity. See Mt. Healthy City Sch. Dist. Bd.

of Educ. v. Doyle, 429 U.S. at 280, stating that, “[t]he issue here thus turns on whether the [local governing body] is to be treated as an arm of the State

partakingoftheState’sEleventhAmendmentimmunity,orisinsteadtobetreatedasamunicipalcorporationorotherpoliticalsubdivisiontowhichthe

Eleventh Amendment does not extend. The answer depends, at least in part, upon the nature of the entity created by state law.” See also Alden, 527 U.S.

at 756 (“[An] important limit to the principle of sovereign immunity is that it bars suits against States but not lesser entities. The immunity does not extend

to suits prosecuted against a municipal corporation or other governmental entity which is not an arm of the State.”)

83. See Hess v. Port Authority Trans-Hudson Corp., 513 U.S. 30, 52 (1994) (holding that a quasi-state, quasi-local port authority entity was not shielded by

theEleventhAmendmentbecauseit“isnanciallyself-sufcient;itgeneratesitsownrevenues,anditpaysitsowndebts”andbecauseanaction“to

recoverdamages[would]nottouchtheconcerns—theStates’solvencyanddignity—thatunderpintheEleventhAmendment”).

84. “Political subdivisions exist solely at the whim and behest of their State, yet cities and counties do not enjoy Eleventh Amendment immunity.” Hess, 513

U.S. at 47 (1994) (internal quotation omitted).

Under the EATS Act, private

parties would be able to proceed

with claims against “a unit

of local government” both for

injunctive relief and damages

unless the local governing body

is an “arm of the State.”

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

VI. APPLICATION OF THE LEGISLATION

The EATS Act potentially could affect many types of laws and regulations across a broad

spectrum of categories. Most of these relate to food and food production, while some govern other

areasthatfallwithinthelegislation’sdenitionofagriculturalproducts.Asnotedabove,theEATSAct

leavesopensignicantinterpretationquestions.Eachoftheareasoflawbelowwouldfacesubstantial

uncertainty if the EATS Act were to pass, as would many others not listed here.

A. INVASIVE PEST & PLANT DISEASE PROTECTIONS

Almost every state imposes laws regulating the importation of

agricultural products containing certain pests, diseases, or invasive species.

Oftentimes,theseregulationsrequiretreatment,inspection,certication,

quarantine, or embargo of certain products entering the state. The EATS Act

could prohibit these requirements, leaving producers more vulnerable to pests

like the glassy-winged sharpshooter and the emerald ash borer and to diseases

such as phony peach disease.

Historically, states and the Federal Government have shared the authority to impose quarantines

to prevent the introduction and spread of harmful plant pests. Under the Plant Protection Act of 2000,

states are free to impose their own quarantines or regulations where no federal quarantine is in place.

Even where pests are under federal quarantine, states may further regulate or restrict their movement

within the federal quarantine zone.

85. 7 U.S.C.A. § 7701 et seq.

86. 7 U.S.C.A. § 7756. For a complete list of federal domestic quarantines, see 7 C.F.R. §§ 301.1 to 301.99.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

One pest that is regulated solely by state law is the glassy-winged sharpshooter. This insect

causesPierce’sDisease,whichafictsgrapecropsbyinterferingwiththeplant’swatercollection

system, ultimately causing the vine to die. The insects also can affect citrus trees, almonds, and other

crops.ResearchershaveestimatedthatPierce’sDiseasecostsCaliforniaaloneover$100million

in annual damages to the grape and wine industry.

Accordingly, public spending to combat the

diseaseissignicant.

California and other states like Oregon, which also boast large wine industries,

have implemented import restrictions on agricultural articles that may be carrying the pest—such as

inspections, quarantines, and prohibitions on the interstate shipment of certain plants.

The EATS

Actthusmayinterferewiththosestates’abilitytoenforcesuchregulations.Forexample,underthe

EATS Act, a law requiring the preharvest treatment of agricultural products with pesticides to kill the

sharpshooters prior to import would be an impermissible condition (although a postharvest treatment

requirement might not be). Further, the EATS Act could

prohibit an outright ban on the importation of infested

agricultural products carrying the insect.

The EATS Act similarly could affect state and local

regulation of products carrying Xylella fastidiosa, the bacteria

that causes phony peach disease (“PPD”).

Trees infected

with PPD show few symptoms but soon stop producing fruit

altogether. Because treatment options for PPD are limited,

efforts to prevent transmission are critical to reducing the

spread of the disease.

Alabama, Georgia, Louisiana, and

other states have implemented regulations to protect fruit

stocks from PPD.

These PPD regulations might not survive

challenges under the EATS Act.

B. ZOONOTIC & INFECTIOUS DISEASE REGULATIONS

State laws intended to prevent the transfer and spread of zoonotic and infectious disease could

beoneofthemostsignicantcasualtiesoftheEATSAct.Theseregulationsaffecteverythingfrom

avianinuenzatoAfricanswinefever,salmonella,tuberculosis,Newcastledisease,anthrax,brucellosis,

scabies, scrapie, rabies, pseudorabies, equine infectious anemia, and others.

87. Kabir Tumber et al., Pierce’s Disease Costs California $104 Million Per Year, 68 CALIFORNIA AGRIC. 1-2, 20 (Jan.–June 2014), https://calag.ucanr.edu/

archive/?type=pdf&article=ca.v068n01p20.

88. Id.

89. See CAL. FOOD & AGRIC. CODE §§ 6461, 6461.5, CAL. CODE REGS. TIT. 3, § 3654, and OR. ADMIN. R. 603-052-1221.

90. See Texas A&M Agrilife Extension, Phony Peach Disease (Sept. 18, 2012), http://counties.agrilife.org/upshur/les/2011/03/Phony-Peach-Disease.pdf.

91. See University of Georgia Extension, Phony Peach Disease, Circular 1253 (Feb. 11, 2022), https://extension.uga.edu/publications/detail.

html?number=C1253 (“Current management options for PPD are limited. Among the available options, ensuring that newly purchased trees are

disease–free is very important.”)

92. See, e.g., ALA. ADMIN. CODE R. 80-10-7; GA COMP. R. & REGS. 40-4-13; LA. ADMIN CODE. TIT. 7, PT XV, §129.

93. See Appendix below.

State laws intended to prevent the

transfer and spread of zoonotic and

infectious disease could be one of the

most significant casualties of the EATS

Act. These regulations affect everything

from avian influenza to African

swine fever, salmonella, tuberculosis,

Newcastle disease, anthrax, brucellosis,

scabies, scrapie, rabies, pseudorabies,

equine infectious anemia, and others.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

For instance, the EATS Act could affect poultry disease regulations, creating untimely regulatory

disruptionsduringthesevereandongoingoutbreakofhighlypathogenicavianinuenza.Avianinuenza

comes in various forms and affects domestic farmed poultry as well as over 100 species of wild birds.

In its more severe form, the virus causes between 90-100% mortality in domesticated poultry.

Currently,

theUnitedStatesisexperiencingthemostsevereoutbreakofhighlypathogenicavianinuenza,

with

47statesandover58millionbirdsaficted.

Outbreaksofavianinuenzathreatenfarmers’livelihoods

andpublichealth,causingsignicanteconomiclosses.Forexample,amajoroutbreakin2015costan

estimated$3.3billioninlosses

and resulted in the destruction of more than 50 million birds.

Thecurrentoutbreakalreadyhascostthegovernmentover$660millionandcostproducersover$1

billion.

100

Becausehighlypathogenicavianinuenzaissodestructive,transmissioncontrolmeasures

are paramount to stopping its spread.

 Moststateshavetakenstepstoprotecttheirocksfromavianinuenzabyestablishingdisease

control measures such as requiring pre-entry veterinary inspections, permits, quarantines, and testing

regimes for live (preharvest) poultry imported from other states.

101

Iowa, for example, has implemented a

regulation mandating that “[n]o animal, including poultry or birds of any species, that is affected with, or

that has been recently exposed to, any infectious, contagious or communicable disease or that originates

from a quarantined area shall be shipped or in any manner transported or moved into Iowa, unless

approved by the state veterinarian.”

102

Such a restriction may run afoul of the EATS Act by placing a

preharvestconditiononimportedproducts—namely,thatbirdsnotbeexposedtoavianinuenzabefore

transport.Iowa’sbanonbirdsoriginatingfromquarantinedareasoutsidethestategoesastepfurther.

All poultry coming into Iowa must be inspected by a veterinarian prior to entry and accompanied by a

certicateofveterinaryinspection“onanofcialformofthestateoforigin”

103

or other approved substitute

documentation.

104

Fordomesticfowloriginatingfromanareaaffectedbyavianinuenza,Iowarequiresa

pre-entry permit.

105

These requirements impose preharvest standards or conditions on imported poultry

byrequiringspecicmeasuresbetakenbeforelivebirdsmaybebroughtintothestateandthuscouldbe

prohibited under the EATS Act.

94. Centers for Disease Control and Prevention (CDC), Avian Inuenza in Birds, https://www.cdc.gov/u/avianu/avian-in-birds.htm.

95. Id.

96. Bill Chappell, What we know about the deadliest U.S. bird u outbreak in history, NPR, Dec. 2, 2022, https://www.npr.org/2022/12/02/1140076426/what-

we-know-about-the-deadliest-u-s-bird-u-outbreak-in-history.

97. U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS), 2022-2023 Conrmations of Highly Pathogenic Avian

Inuenza in Commercial and Backyard Flocks (as of July 11, 2023), https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/

avian/avian-inuenza/hpai-2022/2022-hpai-commercial-backyard-ocks.

98. Maryn McKenna, Bird Flu Cost the US $3.3 Billion and Worse Could Be Coming,NAT’LGEOGRAPHIC,July15,2015,http://phenomena.

nationalgeographic.com/2015/07/15/bird-u-2/.

99. USDA Economic Research Service (ERS), Impacts of the 2014-2015 Highly Pathogenic Avian Inuenza Outbreak on the US Poultry Sector, https://www.

ers.usda.gov/webdocs/outlooks/86282/ldpm-282-02.pdf?v=539. Losses were equivalent to 12% of all egg-laying hens in the U.S. and an estimated 8%

of turkeys raised for meat. Id.

100. Ongoing bird u has cost the government around $661 million, added to consumers’ pain at the grocery store,FOXNEWS,Feb.20,2023,https://www.

foxnews.com/us/ongoing-bird-u-cost-government-661-million-consumers-pain-grocery-store.

101. See Appendix below.

102. IOWAADMIN.CODER.21-65.3.

103. Id.;IOWAADMIN.CODER.21-65.11.

104. IOWAADMIN.CODER.21-65.11.

105. IOWAADMIN.CODER.21-65.2.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

Similar to poultry importation restrictions, many states, including Iowa, regulate the importation

of live swine by imposing pre-entry requirements.

106

These disease-control measures, which often

includepre-entryveterinaryinspections,certication,identication,andtesting,couldbeprohibitedif

the EATS Act were enacted. Initially put in place to protect against the transmission of diseases like

brucellosis and pseudorabies,

107

regulations governing the importation of swine in states like Iowa also

could be an important tool in future efforts to contain and control the spread of African swine fever, if it

reaches U.S. soil.

108

The EATS Act would jeopardize these state tools to protect local producers from

devastatingdiseasessuchasavianinuenzaandAfricanswinefever,cedingcontroltotheFederal

Government instead.

 Iowa’ssanitizationrequirementsalsomaybecalledintoquestionundertheEATSAct.Iowa

law provides that, “[a]ll stock cars and trucks used for hauling into the state of Iowa livestock (cattle,

horses, sheep, goats, cervids, poultry, and swine) for feeding, breeding, or stock purposes must be

cleaned and disinfected before such shipments of livestock are loaded.”

109

The cleaning requirement

is a “condition [imposed] on the preharvest production” that must “occur in another State” prior to

importation of the “agricultural products” (here, “livestock and poultry”) that are “sold or offered for

sale in interstate commerce.”

110

Asaresult,theEATSActadditionallymayblockIowa’slivestock

transportation sanitization requirements.

Bees are another example of livestock potentially threatened by the EATS Act. Honey bees

contributeatleast$15billiontotheUnitedStateseconomyannually.

111

Dozens of crop varieties depend on

bees for pollination, with the almond industry alone requiring the services of 1.4 million beehives annually.

112

Each year, bees are trucked across the country to pollinate various cash crops throughout the seasons.

113

ThesamehivemaybeusedtopollinategrapefruitinFlorida,cherriesinWashington,andavocadosin

California.

114

Captivebeepopulations,however,aresufferingsignicantlossesduetodisease.

115

Nearly all states have imposed some form of regulation governing the interstate movement of

bees.

116

Most states require registration of apiaries, permits for moving bees and equipment interstate,

certicatesofinspection,movable-framehives,quarantineofdiseasedapiaries,oroutrightprohibitthesale

or transfer of diseased material.

117

These requirements seek to limit and contain outbreaks of disease as

106. See Appendix below.

107. See, e.g.,IOWAADMIN.CODER.21-65.5.

108. As of writing, African swine fever has not yet reached the U.S., but producers are fearful that it could wreak havoc on the domestic pork industry should it

arrive here. See USDA APHIS, African swine fever (Aug. 31, 2022) https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/

swine-disease-information/african-swine-fever.

109. IOWAADMIN.CODER.21-65.3.

110. S.2019/H.R.4417, 118th Cong. § 2 (2023).

111. U.S. Food and Drug Administration (FDA), Helping Agriculture’s Helpful Honey Bees (July 30, 2018), https://www.fda.gov/animal-veterinary/animal-health-

literacy/helping-agricultures-helpful-honey-bees.

112. WhiteHouse,OfceofthePressSecretary,Fact Sheet: Economic Challenge Posed by Declining Pollinator Populations (June 20, 2014), https://

obamawhitehouse.archives.gov/the-press-ofce/2014/06/20/fact-sheet-economic-challenge-posed-declining-pollinator-populations.

113. 10 Crops That Would Disappear Without Bees,FOXNEWS,Nov.21,2016,http://www.foxnews.com/food-drink/2012/07/19/10-crops-that-would-

disappear-without-bees.html.

114. Id.

115. Id.

116. See Appendix below.

117. Id.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

well as parasites such as American foulbrood that jeopardize the survival of beehives. Because bees are

transported through interstate commerce many months out of the year, and because bees are necessary

tothesurvivalofmanyvaluablecrops,anyrestrictiononastate’sauthoritytoregulatetheimportationof

bees could have serious economic and food security consequences. Under the text of the EATS Act, the

importation of bees could fall within its scope as either a preharvest condition on bees as an agricultural

product or potentially indirectly as a preharvest condition on crops dependent upon bees.

 Chronicwastingdisease(“CWD”)isanotherareaofconcern.CWDisadegenerativeneurologic

disease, similar to mad cow disease, that affects farmed and wild deer and other cervids.

118

The

disease is fatal.

119

Infected animals may experience symptoms that range from extreme weight loss to

neurological problems such as stumbling and listlessness.

120

ThereissomeevidencetosuggestCWD

may become transmissible to humans.

121

CWDrstwasrecognizedintheU.S.incaptivedeerherdsin

the late 1960s and in wild deer in 1981.

122

Since then, the disease has reached at least 29 states and

405 counties, as of March 2023.

123

CWDeasilyspreadsamongwildandcaptivepopulations,givingboth

farmersandhuntersgreatcauseforconcern.StateswhereCWDispresentarefeelingitsimpact.

124

Wisconsinlostover$50millionfromCWDthroughout2002-2003injusttherstyearafterthedisease

was discovered there.

125

Morerecentestimatescalculatethatfrom2002-2015,Wisconsinlostatleast$96

millioninhuntersurplusvalueand$17millioninlosthuntingpermitrevenue.

126

 MovementofinfectedcervidsistheprimarymeansthroughwhichCWDspreads.Currently,

several states prohibit all importation of cervids, including Arkansas, Connecticut, and Massachusetts.

127

Dozens of other states impose import requirements and restrictions.

128

These state regulations include

requirementssuchasimportpermitsorwrittenapproval,certicatesofveterinaryinspection,or

identicationofeachanimal.

129

They also may include restrictions on importation based on conditions in

thegeographicareaoforigin,suchasthestatusofCWDinthatarea,enrollmentoftheexportingstate

inanofcialCWDmonitoringandcerticationprogram,ordiagnosisofCWDintheoriginatingherdor

imported cervid.

130

All of these regulations could be interpreted as standards or conditions on preharvest

production because they impose pre-entry requirements on imported live deer and other cervids, putting

them squarely in jeopardy under the EATS Act.

118. Cervids are members of the family Cervidae, which includes hoofed, ruminant mammals such as deer, moose, and elk.

119. CDC, Chronic Wasting Disease (Sept. 10, 2021), https://www.cdc.gov/prions/cwd/index.html.

120. Id.

121. CDC, Chronic Wasting Disease: Transmission (Sept. 10, 2021), https://www.cdc.gov/prions/cwd/transmission.html.

122. CDC, Chronic Wasting Disease: Occurrence (Mar. 2023), https://www.cdc.gov/prions/cwd/transmission.html.

123. Id.

124. Stateagenciesspentover$28milliontocombatCWDin2020alone.ScottChiavacci,The Economic Costs of Chronic Wasting Disease in the United

States, PLOS ONE (Dec. 8, 2022), https://pubmed.ncbi.nlm.nih.gov/36480524/(statingfurtherthatwhile“thescaleofthisdisease’sdirecteconomic

costsislargelyunknown...[t]herealizedeconomiccostsofCWDappearconsiderable,anditislikelythatthenumberofstakeholdersnanciallyaffected

by this disease and regulations meant to stem its spread will continue to grow.”).

125. Richard Bishop, The Economic Impact of Chronic Wasting Disease (CWD) in Wisconsin,9HUMANDIMENSIONSINWILDLIFE3,181(2004),https://

www.tandfonline.com/doi/abs/10.1080/10871200490479963.

126. Dane Erickson et al., The Effect of Chronic Wasting Disease on Resident Deer Hunting Permit Demand in Wisconsin, ANIMALS (BASEL) (Dec. 7, 2019),

https://pubmed.ncbi.nlm.nih.gov/31817847/.

127. ARK. ADMIN. CODE 002.00.1-09.11; CONN. AGENCIES REGS. § 22-278-6; 321 MASS. CODE REGS. 2.15.

128. See Appendix below.

129. Id.

130. Id.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

 AquacultureandshfarmingalsocouldbeimpactedbytheEATS

Act.Overhalfofallstatesimposeimportationrequirementsonlivesh

moving in interstate commerce via measures such as permits or health

inspectioncertications.

131

WestVirginia,forexample,requirespre-entry

permittinganddisease-freecerticationofshandcertainviablesh

eggs.

132

One aquatic disease of concern is viral hemorrhagic septicemia

(“VHS”), which manifests itself through bleeding, bulging eyes, and open

sores.

133

Becausethisdiseasecanbetransmittedbyinfectedshor

through water,

134

states such as Illinois and Arkansas have implemented

restrictionsonliveshimportationtopreventthetransmissionof

VHS.

135

Following a VHS outbreak in 2006, the Animal and Plant Health

Inspection Service (APHIS) in the U.S. Department of Agriculture (USDA) published an interim federal rule

restrictingtheinterstatemovementofliveshsusceptibletoVHS.In2015,however,APHISpublishedarule

withdrawing that interim rule because it “had become duplicative with State regulations” and “could safely

be removed as long as States maintain existing VHS regulations and other practices to reduce risk.”

136

TheEATSActcouldhavetheperverseeffectofprohibitingthesestateshimportationlaws,undermining

APHIS’sfederalderegulatoryrationaleandleavinglocalfarmedshpopulationsvulnerabletodisease.

C. FOOD QUALITY & SAFETY REGULATIONS

If enacted, the EATS Act would jeopardize a variety of food safety and

quality regulations currently in place—as well as ones policymakers might

seek to implement in the future. Some of these regulations are designed to

protectcitizensfromthesaleofuntgoods,whileothersservetoprotect

key industries from scandal or sub-par sellers. Such state and local food

regulations, however, could be prohibited under the EATS Act if they place

preharvest standards or conditions on imported agricultural products.

Examples of preharvest production standards plausibly within the scope of

the EATS Act and affecting food quality and safety include state regulations

governinguidmilkqualitystandards,

137

shandshellshsourcing,

138

131. Id.

132. SeeW.VA.CODE§20-2-13,statingthat“[n]opersonshalltransportintoorhaveinhispossessionwithinthisstateanylivewildlifeorviableeggsthereof

fromwithoutthestate,exceptasauthorizedbyanimportationpermit...Importersofshorviableeggsofthefamilysalmondiae(trout,char,salmon)

shallfurnishastatementfromarecognizedshpathologistcertifyingthesourcetobefreeofwhirlingdisease,infectiouspancreaticnecrosis,viral

hemorrhagicsepticemiaorotherdiseaseswhichmaythreatenshstockswithinthestate.”

133. Iowa State University, Center for Food Security and Public Health, Viral Hemorrhagic Septicemia (May 2007), http://www.cfsph.iastate.edu/Factsheets/

pdfs/viral_hemorrhagic_septicemia.pdf.

134. Id.

135. See, e.g., ILL. ADMIN. CODE TIT. 17, PT. 875.50 (“a) It shall be unlawful to: 1) import VHS-susceptible species into the State of Illinois without a VHS-

Susceptible Species Permit issued by the Department”); ARK. CODE R. § 002.01.1-35.11 (“It is unlawful to import, transport, or otherwise receive into

ArkansasliveshorfertilizedeggsfromanyViralHemorrhagicSepticemiaVirus(VHSV)-positivestatewithoutavalidFishFarmHealthInspection

Permit issued by the Commission and in compliance with the provisions of the permit, the requirements in Addendum Chapter I1.00, and [other stated]

requirements.”).

136. 80 Fed. Reg. 2285–6 (Jan. 16, 2015).

137. See, e.g., 25 TEX. ADMIN. CODE § 217.29 (“(a) All herds and additions thereto shall be tested and found free of tuberculosis and brucellosis before any

milk therefrom is sold. All required tests in this section must be performed by a licensed veterinarian or a veterinarian in the employment of an appropriate

state or federal agency.”).

138. See, e.g.,GA.COMP.R.&REGS.511-6-1-.04(2)(d)-(e)(restrictingsourcesofshandshellshreceivedforsale).

The EATS Act could have the

perverse effect of prohibiting

these state fish importation

laws, undermining APHIS’s

federal deregulatory rationale

and leaving local farmed fish

populations vulnerable to disease.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

139. See, e.g., MINN. R. 4626.0155 (mandating that “[a]ll wild mushroom species served in a retail food establishment must be obtained from sources where

eachmushroomisindividuallyinspectedandfoundtobesafebyacertiedmushroomharvester”andrequiringwrittenbuyerspecications,certain

records,anddisclosureofriskstoconsumers);010-3WYO.CODER.§3-3(“mushroomspeciespickedinthewildshallbeobtainedfromsourceswhere

eachmushroomisindividuallyinspectedandfoundtobesafebyanapprovedmushroomidenticationexpert”).

140. See, e.g., Beyond Pesticides, Congress Asked to Help Stop Ecosystem Collapse in the Farm Bill by Preserving Local Authority to Restrict Pesticides

(June 26, 2023), https://beyondpesticides.org/dailynewsblog/2023/06/congress-asked-to-help-stop-ecosystem-collapse-in-the-farm-bill-by-preserving-

local-authority-to-restrict-pesticides/ (asserting that if the EATS Act were enacted, “it would overturn decades of precedent as well as prevent local

governments from protecting their residents from hazardous chemicals in their environment... mak[ing] it virtually impossible to restore the basic local

authority to protect public health and the environment, which has historically been vested in local governments”).

141. See, e.g., ALA. ADMIN. CODE R. 80-1-6-.07 (special tags and labeling required for sale of fertilizer mixed with pesticides); 2 N.C. ADMIN. CODE

48A.1704–1705(regulatingcertainarticlesincludingsoilandsoilamendmentsandrequiringacerticateorpermitinordertomovethosearticlesintothe

state from regulated areas).

142. Additional examples are included in the Appendix below.

143. “‘Agriculturalproducts’includes...shandshellsh.”7U.S.C.§1626.

144. Two states, Florida and Texas, were given authority to regulate out to 9 nautical miles from shore.

145. See Bureau of Ocean Management, Federal Offshore Lands, https://www.boem.gov/Federal-Offshore-Lands/.

146. While,theEATSActappliestotheregulationofpreharvestproductionthat“occursinanotherState,”thereisnoprovisioninitstexttoaccountforgoods

produced within areas of U.S. control that fall outside of the jurisdictional boundaries of the states. The EATS Act might apply in such circumstances. It

moreclearlywouldapply,however,toshtakeninonestateandlandedinanother.

147. 31 TEX. ADMIN. CODE § 57.970.

and wild mushroom safety.

139

The EATS Act also could affect certain state and local regulations on

pesticides

140

and fertilizers.

141

Further examples of food quality and safety regulations potentially affected

by the EATS Act include restrictions on the use of antibiotics or growth hormones, soil or irrigation quality

requirements, PFAS contamination thresholds, manure management practices, and limitations on genetic

engineering and other technological processes.

142

D. FISHING REGULATIONS

Enactment of the EATS Act could negatively impact recreational and

commercialoceanshing.AllshandshellshfalldirectlywithintheEATS

Act’sdenitionof“agriculturalproducts,”regardlessofwhethertheanimals

are farm-raised or wild-caught.

143

States long have been afforded authority to

regulate their coastal waters under the Submerged Lands Act. These areas,

which generally extend 3 nautical miles from shore, are known as “state

waters.”

144

Under the United Nations Convention on the Law of the Sea, the

U.S. Government has exclusive rights to regulate up to 200 nautical miles

from its shoreline—known as the Exclusive Economic Zone (“EEZ”).

145

Today,

having given states control of waters from 0-3 nautical miles from shore, the

Federal Government retains control of waters from 3-200 nautical miles off

land. Fish harvested in the waters of one state and brought ashore in another state potentially could be

considered “agricultural products” with “the production occur[ing] in another State.”

 Ashingvesseltravelingseawardeffectivelycouldbecomeanout-of-stateproducerifanyof

itscatchwasharvestedinanotherstate’swatersor,possibly,inthefederallycontrolledEEZ.

146

After

securingitscatch,whenashingvesselcrossesbackovertheseterritoriallines,itmaybecomesubject

to laws of the state where it lands. The EATS Act would appear to prevent any state commercial or

recreationalshingregulationsthatplausiblycouldaffectpreharvestproduction.Forexample,Texas

shingregulationsexplicitlystatethattheirauthorityextendsto“allaquaticlifecaughtintheExclusive

Economic Zone (EEZ) and landed in this state for a recreational or commercial purpose.”

147

If this law

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

werechallengedundertheEATSAct,acommercialshingvesselpotentially

could return to Texas with its catch and not be bound by Texas law or even

haveanyoneaboardwithaTexasshinglicense.

148

The EATS Act thus could

disruptavarietyofcommercialandrecreationalshingregulationsthatrelate

to preharvest production—potentially ranging from equipment restrictions and

licensestoshorshellshsourcing,species,andsizerestrictions.

149

E. HORSE SLAUGHTER LAWS

To date, federal attempts to entirely ban the slaughter of horses for meat

have failed.

150

Although the interstate sale of horsemeat functionally is prohibited

because federal funds may not be used to inspect the slaughter of horses,

151

the intrastate slaughter of horses for meat still is permissible federally under the

personal use and custom slaughter exemptions in the Federal Meat Inspection

Act. Some states do ban such wholly intrastate slaughter of horses,

152

and the

EATS Act likely would leave these prohibitions undisturbed. The EATS Act,

however, potentially would block state and local bans on the importation of horses

intendedforslaughterforhumanconsumption.TheseprecludedbanscouldincludeCalifornia’sexisting

horse importation prohibition, which makes it a felony “for any person

to possess, to import into or export from the state, or to sell, buy, give

away, hold, or accept any horse with the intent of killing, or having

another kill, that horse, if that person knows or should have known

that any part of that horse will be used for human consumption.”

153

prohibiting the importation of certain horses (i.e. horses intended for

slaughter),California’slawplacesapreharvestconditiononanout-

of-state agricultural product that likely would be impermissible under

the EATS Act. Further, if the EATS Act were enacted, states would be

unable to adopt other types of regulations governing imported horses

intended for in-state slaughter, such as laws requiring minimum

welfare or transport standards, as those likely would be preharvest production standards. The EATS Act

thus plausibly could force California to allow the importation of horses for personal consumption slaughter

and prevent other states from enacting similar measures in the future.

154

The EATS Act thus

could disrupt a variety

of commercial and

recreational fishing

regulations that

relate to preharvest

production—potentially

ranging from equipment

restrictions and licenses

to fish or shellfish

sourcing, species, and

size restrictions.

148. SignicantenforcementissuescouldfollowifTexaswereprecludedfromenforcingitsshinglaws.Fishersseekingtoskirtstaterestrictionscouldclaim

catches took place in federal waters or the waters of another state.

149. For example, 31 TEX. ADMIN. CODE § 57.990 et seq.

150. See, e.g., H.R.3355, 117th Cong. (died in committee, 2022), https://www.congress.gov/bill/117th-congress/house-bill/3355/text.

151. Consolidated Appropriations Act, 2023, Pub. L. No. 117-328, § 761 (2022).

152. See, e.g., 225 ILL. COMP. STAT. § 635/1.5.

153. CAL. PENAL CODE § 598C.

154. Legislation that would enact a prohibition on the transport of horses for slaughter for human consumption recently was passed by both chambers of the

New York State Legislature. See N.Y. Senate Bill S2163B, “An act to amend the agriculture and markets law, in relation to prohibiting the slaughtering of

horses for human or animal consumption,” https://www.nysenate.gov/legislation/bills/2023/S2163/amendment/B.

By prohibiting the importation of

certain horses (i.e. horses intended

for slaughter), California’s law

places a preharvest condition on an

out-of-state agricultural product

that likely would be impermissible

under the EATS Act.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

155. See 410 ILL. COMP. STAT. § 637/5 et seq. (“the Halal Food Act”); 410 ILL. COMP. STAT. § 645/1 et seq. (“the Kosher Food Act”). In June, Illinois recently

went further to protect access to appropriate religious food options, ensuring that individuals at schools and state-owned hospitals and penal institutions

have access to kosher, halal, and other meals meeting their religious dietary restrictions. See HB3643, Illinois General Assembly (2023); 105 ILL. COMP.

STAT. § 5/10-20.85; 105 ILL. COMP. STAT. § 5/34-18.82; 410 ILL. COMP. STAT. § 637/25; 410 ILL. COMP. STAT. § 645/1.5. Under these new laws,

contracting vendors must certify compliance with the Kosher Food Act and the Halal Food Act. Although the argument is tenuous, these requirements

might run afoul of the EATS Act, depending on where interpreting courts draw the boundary between “preharvest” and “harvest” as well as the precise

conditions imposed by the religious certifying body and the reliance of the vendor on imported products.

156. 410 ILL. COMP. STAT. § 637/15 (emphasis added).

157. 410 ILL. COMP. STAT. § 645/1.

158. MD.CODE,COM.LAW§14-3602(“Apersonmaynotfalselyrepresent,withintenttodefraud,anyfoodproductorthecontentsofanypackageor

containertobehalal”);MD.CODE,COM.LAW§14-904(“Apersonmaynotsellorofferforsale,askosher,kosherforPassover,orasbeingunder

rabbinical or other kosher supervision any packaged food product unless” certain conditions are met). Maryland also regulates the kosher labeling of

mezuzahandtellin.MD.CODE,COM.LAW§14-905.

159. N.J. STAT. § 56:8-103 (“Any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal shall comply with all requirements

ofthedirector,including,butnotlimitedto,recordkeeping,labelingandling”);N.J.STAT.§56:8-66(“Anydealerwhoprepares,distributes,sellsor

exposes for sale any food represented to be kosher or kosher for Passover shall comply with all requirements of the director, including, but not limited to,

recordkeeping,labelingandling”).

160. N.Y.AGRIC.&MKTS.LAW§201-a(“Allfoodandfoodproductspackagedinanycontainerandsoldorofferedforsaleas‘kosher’or‘kosherfor

passover’shallhavea‘kosher’or‘kosherforpassover’labelafxedbythemanufacturerorpackeratitspremises”);N.Y.AGRIC.&MKTS.LAW§201-e

(“Allfoodandfoodproductspackagedinanycontainerandsoldorofferedforsaleas‘halal’shallhavea‘halal’labelafxedbythemanufactureror

packeratitspremises”).NewYorkalsoimposescerticationandrecordkeepingrequirementsonpurveyorsofkosherandhalalfoods.

161. Nicole E. Negowetti, Taking (Animal-Based) Meat and Ethics Off the Table: Food Labeling and the Role of Consumers As Agents of Food Systems

Change, 99 OR. L. REV. 91, 122 n.148 (2020).

F. LABELING REGULATIONS

Although the sponsors of the EATS Act introduced the legislation

with the stated intent of blocking sales restrictions linked with preharvest

productionpracticessuchasProp12,thebroadscopeofthelegislation’s

text potentially could sweep in other types of regulations such as

labelingregulations.Whiletheargumentislessclearherethanforsales

restrictions, laws and regulations that mandate or ban the use of certain

nomenclature on a product label based upon the method of production

could be affected by the EATS Act if the regulation is conditioned upon a

preharvest process. For instance, state and local regulation of kosher or

halalcerticationonfoodlabelscouldbewithinthescopeoftheEATS

Acttotheextentthatthecertiedpracticesimposeastandardonthe

welfare of the animal or, potentially, on the type of equipment used on the

animal immediately prior to slaughter.

Illinois is one such state that regulates the use of the terms “halal” and “kosher” on product

labels.

155

Under those laws, it is a misdemeanor to “falsely represent any animal sold, grown, or offered

for sale to be grown in a halal way to become food for human consumption”

156

or if a person “with intent

to defraud, sells, or exposes for sale any meat or meat preparations and falsely represents the same to

be kosher, whether such meat or meat preparations be raw or prepared for human consumption, or as

having been prepared under and of a product or products sanctioned by the certifying organization or the

supervising rabbi.”

157

Other states including Maryland,

158

New Jersey,

159

and New York

160

also have laws

protecting kosher and halal food labels. The EATS Act could disrupt these religious food labeling laws,

which help ensure that consumers following certain diets are protected from injury and fraud.

Other labeling regulations based on composition or preharvest treatment also could be

prohibited as applied to imported products. For example, at least a dozen states have passed laws that

restrict the use of meat nomenclature to certain products.

161

In South Dakota, a food product labeled

... state and local regulation of

kosher or halal certification

on food labels could be within

the scope of the EATS Act to

the extent that the certified

practices impose a standard

on the welfare of the animal

or, potentially, on the type of

equipment used on the animal

immediately prior to slaughter.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

asapoultryproductismisbrandedunlessitfallswithinthestate’sdenitionofpoultry,which“includes

anything containing meat intended for or capable of use for human consumption, that is derived, in whole

or in part, from any domesticated bird intended for human consumption.”

162

This law potentially imposes

preharvest conditions within the scope EATS Act by imposing standards on an imported origin ingredient

(e.g., requiring that a bird used in a poultry product be domesticated and intended for consumption by

humans) in order for that product to be labeled and sold in a certain way. In this way, the EATS Act could

preclude recently enacted state laws governing the labeling of meat analogue products.

 Similarly,labelinglawsthatrequiredisclosureofspecicpreharvestproductionprocessesor

conditionsmightfallwithintheEATSAct’sprohibitionifacourtweretointerpretitsprovisionsbroadly.

Laws that could be precluded under such an interpretation might include requirements to disclose on

agricultural product labels the application of certain pesticides or chemicals or future label regulations

related to the use of novel processes.

163

G. NARCOTICS LAWS

 Manymedicinalandrecreationaldrugsfallwithinthedenitionof

agricultural products incorporated into the EATS Act.

164

Because drugs of

plant-based origin would qualify as agricultural products in their raw forms,

the EATS Act may prohibit states from regulating them.

165

Whilefederally

scheduled drugs may remain unaffected, the EATS Act unintentionally could

force states to permit the importation of drugs that only are banned at the

state or local level, including those currently under federal review.

166

Drug laws the EATS Act could affect may include those criminalizing

possession of certain drugs. For example, several states that currently

ban the plant mitrgyna speciosa, commonly known as “kratom,” could be

forced to permit the drug under the EATS Act, at least when imported. Kratom is a tropical evergreen

tree whose leaves contain opioid properties that make it a popular recreational drug.

167

Kratom, which

the U.S. Food and Drug Administration (FDA) previously intended to schedule in 2016, since has been

designated a “drug of concern.”

168

In 2018, the FDA found that “deaths associated with the use of kratom”

162. S.D.CODIFIEDLAWS§39-4-26.

163. See, e.g., 2 N.C. ADMIN. CODE 48C.0127 (“(b) Seed treated with a mercurial or similarly toxic substance, if any amount remains with the seed, shall be

labeledtoshowastatementsuchas‘Poison,’‘PoisonTreated,’or‘TreatedwithPoison’”and“(c)Seedtreatedwithotherharmfulsubstances(otherthan

mercurials or similarly toxic substances), if the amount remaining with the seed is harmful to humans or other vertebrate animals, shall be labeled to show

theappropriatetoxicitycategorysignalword(i.e.danger,warning,caution)intypenosmallerthaneightpoints,followedbythestatement‘Donotusefor

food,feed,oroilpurposes.’”).Seedsareagriculturalproductsthemselves,butsuchlawsalsomaybeconsideredaspreharveststandardsorconditions

onotherproductsgiventhatseedsareanecessarycropinput.Asdiscussedthroughoutthisreport,itisdifculttodeterminewherereviewingcourts

might draw interpretive boundaries around the unwieldy text of the EATS Act in its current form.

164. ThedenitionofagriculturalproductsemployedbytheEATSActisbroadenoughthatitmayincludemanyotherdrugs,medicines,andvaccines

as “processed and manufactured products [thereof].” Cornstarch and other agricultural products commonly are used as inactive ingredients in oral

medications.Whilemanyoftheseitemsarefederallyregulated,somearenot.Totheextentthataregulationaffectsthepreharvestproductionofsucha

product or its agricultural input ingredients, the EATS Act could preclude it.

165. 7 U.S.C. § 1626.

166. See discussion of subsection 2(b) supra for analysis of the EATS Act application to a total product ban.

167. Megan Rech, et al., New Drugs of Abuse, 35 PHARMACOTHERAPY 2 at 189 (Dec. 4, 2014), http://onlinelibrary.wiley.com/doi/10.1002/phar.1522/full.

168. DrugEnforcementAdministration,81Fed.Reg.70652,WithdrawalofNoticeofIntenttoTemporarilyPlaceMitragyninand7Hydroxymitragynininto

Schedule 1 (Oct. 13, 2016), https://www.federalregister.gov/documents/2016/10/13/2016-24659/withdrawal-of-notice-of-intent-to-temporarily-place-

mitragynine-and-7-hydroxymitragynine-into.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

were increasing.

169

Inthewakeofthisincrease,statesincludingIllinois,Wisconsin,andVermonthave

implemented bans or partial bans on the substance, all of which the EATS Act potentially could prohibit.

170

Similarly, the EATS Act could force states to permit imported salvia divinorum (“salvia”), a

controversial hallucinogenic drug derived from plant leaves. This drug has survived several attempts at

federal regulation but is banned or partially banned in at least 29 states.

171

These criminal laws, often

passed in response to the deaths of persons found to have salvia in their system, could be prohibited

by the EATS Act. Just as California would be unable to stop certain eggs from being sold in the state,

Iowa likely would be unable to prohibit the sale of certain imported hallucinogenic drugs like saliva.

172

Generallyspeaking,statesarethersttoactwithrespecttoregulatingrisksposedbynewdrugsgiven

the burden of federal procedural requirements. Frequently, drug legislation looks similar to an arms race,

with manufacturers constantly making slight adjustments to drug formulas to avoid each new regulatory

restriction. The EATS Act could restrain states from acting alone and as laboratories of democracy.

173

Under

the EATS Act, states trying to address the impacts of narcotics in their communities may have their hands

tied—becoming more reliant on less nimble federal agencies and ultimately be left to wait for federal action.

Further, if the Federal Government were to de-schedule currently regulated plant-based

substances in the future, states might be prevented by the EATS Act from regulating the importation

of those drugs from states that permit their production. For example, if the Federal Government

de-scheduled marijuana, the EATS Act could force states that otherwise prohibit marijuana products

to allow importation of the drug from states that permit production.

Additionally, states could lose their ability to regulate the preharvest production of agricultural

inputs into vitamins, supplements, and medicines. Under the EATS Act, states may risk suit for their

regulatory actions unless every state with producers of any affected products adopts identical regulations

simultaneously. This result may hold true even when states adopt regulations recommended by federal

agencies such as the U.S. Food and Drug Administration. Such a degree of simultaneous legislative

coordination and unanimity among the states would be without precedent.

H. PROCUREMENT REGULATIONS

Another category of regulations the EATS Act could affect are those that place conditions or

incentives on which products a purchaser may buy. Just as the EATS Act would limit restrictions on sales

of imported agricultural products, the EATS Act also could preclude restrictions on purchasing that could

beconstruedasinvolvingthepreharvestproductionofimportedproducts.Specically,stateandlocal

procurement laws, as well as any “standards or conditions,” that direct the purchasing choices of public

169. See FDA, Statement from FDA Commissioner Scott Gottlieb, M.D., on the agency’s scientic evidence on the presence of opioid compounds in kratom,

underscoring its potential for abuse (Feb. 6, 2018), https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm595622.htm.

170. See720ILL.COMP.STAT.§642/5;WIS.STAT.§961.14;13VT.CODER.140011:7.Kratomhasbeenproposedforpre-reviewforpotentialfederal

scheduling. See 86 Fed. Reg. 39038–9 (July 23, 2021).

171. See Appendix below.

172. Iowa currently bans salvia. SeeIOWACODE§124.204.

173. New State Ice Co. v. Liebmann, 285 U.S. 262, 311 (1932) (“It is one of the happy incidents of the federal system that a single courageous state may, if its

citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”).

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

entities could be precluded.

174

Forexample,Louisianarequiresitsprocurementofcerstopurchase

Louisiana agricultural products unless there are imported products available that meet the same criteria,

are better or higher quality, and are less expensive than the comparable Louisiana products.

175

In other

words, out-of-state producers will lose out on government sales to in-state producers in Louisiana if their

products are not of the same or higher quality. In this sense, Louisiana may be imposing standards or

conditionsonthepreharvestproductionofimportedgoods.WhiletheLouisianastatutegovernsonly

public purchasers, such purchasers may constitute a large share of the market for particular products

giventhefoodneedsofpublicschoolsandstate-runfacilitiessuchasprisons,governmentofces,

and hospitals. If enacted and upheld, the EATS Act could remove procurement preferences for in-state

agricultural producers like those in Louisiana.

Procurement regulations and policies potentially precluded by the EATS Act could extend much

further than in-state producer preferences by voiding state and local preferences for products from women,

minority, and veteran-owned businesses. For example, cities like Houston and counties like Dallas maintain

policies that prioritize or set procurement goals for purchases from small businesses, including local

businesses and qualifying women-owned and minority-owned businesses.

176

Iowa sets procurement goals

for purchases from certain targeted small businesses, including businesses owned by service-disabled

veterans.

177

Under the EATS Act, qualifying veterans could lose this procurement preference.

I. LICENSING, PERMITTING, AND RECORDKEEPING REQUIREMENTS

Many industries require sellers or producers to be licensed. States impose licensing

requirements for a variety of reasons, such as to ensure safety standards are being met, to track the

supplychainofgoodssoldwithinthestate,ortoprotectthemarketfromuntproducers.Oftentimes,

these requirements work as part of a larger regulatory scheme. For instance, Kansas requires out-of-

state pet distributors to obtain a license from the state to sell their imported products there.

178

On the

licensing application, distributors are asked to disclose prior convictions for “any crime relating to theft

or cruelty to animals.”

179

It is unclear how reviewing courts might interpret “preharvest production” and

“agricultural products” (e.g. if raised on a “farm”) as applied to pets such as dogs and cats. Broadly,

however, the EATS Act could force states to relinquish control over permitting, licensing, and regulating

174. As discussed in subsection 2(b)above,theEATSActdoesnotdene“standard”or“condition.”Asaresult,eithertermcouldincludestateandlocal

standards or policies for procurement contracts.

175. LA.STAT.§39:1604(B).“[E]achprocurementofcer,purchasingagent,orsimilarofcialwhoprocuresorpurchasesagriculturalorforestryproducts,

including meat, seafood, produce, eggs, paper or paper products under the provisions of this Chapter shall procure or purchase Louisiana products

providedallofthefollowingconditionsaremet:(1)ThebiddercertiesinthebidsubmittedthattheproductmeetsthecriteriaofaLouisianaproduct.(2)

The product is equal to or better than equal in quality to other products. (3) The cost of the Louisiana product shall not exceed the cost of other products

bymorethantenpercent,exceptasotherwiseprovidedinthisChapterasaspecicexception.”

176. SeeCityofHouston,OfceofBusinessOpportunity,PoliciesandProcedures7–8(Feb.2,2022)https://www.houstontx.gov/obo/docsandforms/OBO-

Policies-and-Procedures-20220202.pdf; Dallas County Purchasing Manual, 76–77 (Sept. 7, 2022) https://www.dallascounty.org/Assets/uploads/docs/

purchasing/Purchasing-Manual-Revised-2022.pdf.Becausetheterm“standardorcondition”isundenedintheEATSAct,suchmunicipalpoliciesmay

fall within its scope.

177. “Everyagency,department,commission,board,committee,ofcer,orothergoverningbodyofthestateshallpurchasegoodsandservicessuppliedby

smallbusinessesandtargetedsmallbusinessesinIowa.”IOWACODE§73.16(1).“Ofthetotalvalueofanticipatedprocurementsofgoodsandservices

under this subsection, an additional goal shall be established to procure at least forty percent from minority-owned businesses and forty percent from

female-ownedbusinessesandfortypercentfromservice-disabledveteran-ownedbusinesses,asdenedinsection73.14,thataretargetedsmall

businesses.” § 73.16(2)d.

178. KAN. STAT. § 47-1734.

179. See Kansas Department of Agriculture, 2022-2023 Out-Of-State Distributor License application form, https://agriculture.ks.gov/docs/default-source/rc-ah-

a-documents/ah---out-of-state-distributor.pdf?sfvrsn=13.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

imported products, at least as those conditions relate to “preharvest production” and exceed the laws in

effect in the place of production.

180

States also could be prevented from requiring recordkeeping related to preharvest production practices of

imported agricultural products. The types of records required by some states that may be affected could

include those related to safety standards, animal or plant health, sanitization, production conditions, or

other aspects of agricultural production.

181

Such recordkeeping requirements help states to ensure that

agricultural products come from reputable and legal sources, but could face threat of preclusion under

the EATS Act.

180. The EATS Act potentially could affect other types of regulations on pets, such as the retail sales bans passed by states like California, Maryland, and

New York, as well as by hundreds of municipalities. See, e.g., CAL. HEALTH & SAFETY CODE § 122354.5; MD. CODE REGS. BUS. REG. 19-703(A);

N.Y.GEN.BUS.LAW§753-F.

181. See, e.g., 8 CODE COLO. REGS. § 1203-6:15; MINN. STAT. § 21.84; MISS. CODE § 75-40-109; 4 TEX. ADMIN. CODE § 54.9; VT. STAT. TIT. 6, § 4028.

APPLICATION OF THE LEGISLATION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

VII. CONCLUSION

If enacted, the EATS Act would curtail the ability of state and local governments to regulate

the production and sale of agricultural products—potentially nullifying over a thousand state laws and

likely many more. The EATS Act would have widespread and unknown effects extending far beyond

consumersandtheagriculturalindustry.SignicantquestionsareleftopenbythelanguageoftheEATS

Act, and each of these unresolved questions has the potential to determine the fate of entire industries,

billionsofdollarsofinvestment,andtheowofinterstatecommerce.Evenforproducerswhoinitially

mightbenetfromtheEATSAct,thisuncertaintyanddisruptioncouldbeextensive.

 WhilesomeagriculturalproducersmayfacelessoversightasaresultoftheEATSAct,those

same producers could suffer unintended negative consequences from the federal legislation. Some

of the regulations potentially precluded by the EATS Act exist to help producers by reducing the

transmission of diseases and pests that threaten livestock and crops. Other forms of regulation, such

as licensing, protect the industry as a whole by preventing sub-par producers from undermining its

integrity. The same is true of quality control measures that safeguard the industry against lost business

and public relations problems resulting from incidents such as outbreaks of foodborne illness. Consumer

condencecouldsufferinsofarasitislinkedtotheperceptionofinadequateindustryregulation.Further,

in-stateproducers,veterans,andothersmallbusinessownerswhobenetfromcurrentgovernment

procurement regulations could see their investments and customer bases stripped away. If the EATS Act

wereadopted,producerswhohavemadesignicantinvestmentsinupdatinginfrastructureinresponse

to state measures such as Prop 12 could see the economic value of those investments plummet, without

receiving compensation for their losses.

 UndertheEATSAct,thebenetofpotentiallylowerpricesonsomegoodscouldbeoffsetby

increased public health and safety risks. In some areas, the EATS Act threatens to create regulatory

voids or regulatory ceilings where none existed before, leaving entire sections of industries unregulated.

AnumberoflawsthattheEATSActcouldblockweredraftedforthebenetofconsumers.Withoutthese

protections, product quality, transparency, and safety may suffer. The majority of laws and regulations

potentially prohibited by the EATS Act, however, were enacted to safeguard agricultural production

itself. Regulations related to the importation of livestock and plants exist to protect producers from costly

diseases and pests. The prohibition of these regulations by the EATS Act could jeopardize entire sectors

of the agricultural economy and threaten the livelihoods of local producers.

If the EATS Act were to become law, it could tip the balance of federalism, shifting agricultural

oversight away from the states toward federal administrative agencies and the federal judiciary. USDA

andFDA,amongothers,wouldbetaskedwithllingtheregulatoryholesleftbythestateandlocallaws

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

that the EATS Act would prohibit. This shift could trigger new federal regulation, and there could be

signicantfederalbudgetarycostsassociatedwiththistransferofregulatoryauthorityfromthestatesto

federal agencies.

Congress and federal agencies historically have been slower to act than state and local

governments regarding a large swath of regulatory categories, but especially those involving public

health, safety, and welfare. The lag time created by removing agricultural oversight from state control

could pose considerable risks with respect to issues of public safety, outbreaks of disease, and even

harmful drugs. Under the EATS Act as written, state and local governments could be prevented from

trying to act in times of crisis, such as during a prospective outbreak of African swine fever or the current

severeandongoingoutbreakofhighlypathogenicavianinuenza.Whilelawsmightbecomemore

consistent across jurisdictions under the EATS Act, that lowest common denominator consistency would

come at the expense of states and local governments being able to protect the health and safety of their

citizens and the livelihoods of their farmers.

 Thefederaljudiciarywouldberesponsibleforansweringthenumerous,signicantquestions

surrounding the constitutionality of the EATS Act and the interpretation of its provisions. Though much

about EATS remains uncertain, the legislation is sure to spawn substantial litigation through its citizen

suitprovision,whichcouldsubjectstateandlocalgovernmentstoinnumerablelawsuits.Withovera

thousand state and local agricultural laws and regulations potentially prohibited by the EATS Act—each

susceptible to challenge by any number of parties—the federal court system could be overwhelmed.

The EATS Act itself also could face a number of legal challenges, particularly under the Tenth

andEleventhAmendments.ThesechallengescouldcontesttheAct’sconstitutionality,seektolimitits

authority, and answer crucial questions that surround its scope, interpretation, and application. It may be

years, however, before courts are able to provide a functional understanding of the EATS Act. Even then,

federalcourtsindifferentcircuitscouldreachcontraryconclusionsabouttheEATSAct’sprovisions—

resulting in circuit splits and fractured jurisprudence that further would undermine the regulatory certainty

vital both to governing bodies charged with implementation and to agricultural producers across the

United States.

The agricultural industry has undergone rapid change in recent years with the advent of new

technology,geneticmodicationofcrops,andotherinnovations.TheEATSActcomesatacritical

moment when production methods are poised to enter an era of even more rapid change. The EATS Act

has the potential to push state and local governments entirely out of the policy arena both in regulating

and safeguarding new methods. The EATS Act thus may limit the ability of states to protect the health

and safety of their citizens with respect to these emerging technologies.

The laws and regulations discussed in this report are only a preliminary assessment of the scope

and impact of the EATS Act. See the index appended below for more examples of laws and regulations

that the EATS Act potentially could affect.

CONCLUSION

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

The following state laws and regulations are examples of standards and conditions that could be

prohibitedundertheEATSAct.Theseexamplesarenotexhaustiveandreectthesubstantialambiguity

aroundthescopeoftheEATSAct.Theyarelistedbelowintwoordersofarrangement:rstbystateand

then by regulatory purpose.

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

State laws and regulations potentially affected by the EATS Act, listed by state

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

AK Alaska Admin. Code tit. 11, § 35.010 Livestock Bees Certification

Disease/Pest

Prevention

Requirement that all bees entering the state must be free from bee

disease

AK Alaska Admin. Code tit. 11, § 35.020 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees - health certificate, notification, and

other requirements

AK Alaska Admin. Code tit. 18, § 36.010 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation requirements for live animals - permit required for listed

species

AK Alaska Admin. Code tit. 18, § 36.015 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation requirements for live animals - health certificate or

certificate of veterinary inspection requirements

AK Alaska Admin. Code tit. 18, § 36.105 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - health certificate or certificate of

veterinary inspection, equine infectious anemia

AK Alaska Admin. Code tit. 18, § 36.115 Livestock Cattle, Bison, Yak Importation

Disease/Pest

Prevention

Importation requirements for cattle, bison, yak - health certificate or

certificate of veterinary inspection, brucellosis, tuberculosis,

anaplasmosis, bluetongue, trichomoniasis

AK Alaska Admin. Code tit. 18, § 36.125 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats - health certificate or certificate of

veterinary inspection, identification, scrapie, brucellosis, tuberculosis,

ectoparasites, Mycoplasma ovipneumoniae

AK Alaska Admin. Code tit. 18, § 36.135 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - health certificate or certificate of

veterinary inspection, identification, scrapie, brucellosis, ectoparasites,

Mycoplasma ovipneumoniae, bluetongue

AK Alaska Admin. Code tit. 18, § 36.145 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - health certificate or certificate of

veterinary inspection, brucellosis, pseudorabies, garbage feed ban

AK Alaska Admin. Code tit. 18, § 36.165 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry and hatching eggs - health

certificate or certificate of veterinary inspection

AK Alaska Admin. Code tit. 18, § 36.175 Livestock Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - health certificate or certificate of

veterinary inspection, brucellosis, tuberculosis, chronic wasting disease

AK Alaska Admin. Code tit. 18, § 36.185 Livestock Camelids Importation

Disease/Pest

Prevention

Importation requirements for camelids - health certificate or certificate

of veterinary inspection, identification, brucellosis, tuberculosis,

ectoparasites

AL Ala. Admin. Code r. 80-1-6-.07 Fertilizer Soil and Fertilizer Labeling

Consumer

Protection

Special labeling required for fertilizer containing economic poisoning

AL Ala. Code § 13A-12-214.1 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

AL Ala. Admin. Code r. 220-2-.26 Live Animals Live Animals Importation

Disease/Pest

Prevention

Restrictions on possession, sale, importation and/or release of certain

animals and fish

AL Ala. Admin. Code r. 80-10-11-.04 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees

AL Ala. Admin. Code r. 80-10-11-.05 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees

AL Ala. Admin. Code r. 80-10-14-.04 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

AL Ala. Admin. Code r. 80-10-15-.01 Forestry White Pines Importation

Disease/Pest

Prevention

Pine shoot beetle restrictions

AL Ala. Admin. Code r. 80-10-15-.03 Forestry White Pines Importation

Disease/Pest

Prevention

Pine shoot beetle restrictions

AL Ala. Admin. Code r. 80-10-15-.04 Forestry White Pines Importation

Disease/Pest

Prevention

Pine shoot beetle restrictions

AL Ala. Admin. Code r. 80-10-15-.05 Forestry White Pines Importation

Disease/Pest

Prevention

Regulated areas for pine shoot beetle restrictions

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

AL Ala. Admin. Code r. 80-10-15-.06 Forestry White Pines Importation

Disease/Pest

Prevention

Pine shoot beetle restrictions

AL Ala. Admin. Code r. 80-10-19-.01 Fruit Citrus Trees Importation

Disease/Pest

Prevention

Certification for importation - restriction of citrus plants with citrus

aphids, fruit fly inspection

AL Ala. Admin. Code r. 80-10-19-.05 Fruit Citrus Trees Importation

Disease/Pest

Prevention

Citrus greening disease and the asian citrus psyllid restrictions

AL Ala. Admin. Code r. 80-10-19-.07 Fruit Citrus Trees Importation

Disease/Pest

Prevention

Citrus greening disease and the asian citrus psyllid restrictions

AL Ala. Admin. Code r. 80-10-20-.05 Forestry Ash Trees Importation

Disease/Pest

Prevention

Importation restrictions related to emerald ash borer

AL Ala. Admin. Code r. 80-10-6-.01 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Fire ant restrictions

AL Ala. Admin. Code r. 80-10-6-.03 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Fire ant restrictions

AL Ala. Admin. Code r. 80-10-7-.04 Fruit Peach Trees Importation

Disease/Pest

Prevention

Phony peach disease restrictions

AL Ala. Admin. Code r. 80-10-7-.05 Fruit Peach Trees Importation

Disease/Pest

Prevention

Phony peach disease restrictions

AL Ala. Admin. Code r. 80-10-8-.03 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

European brown garden snail restrictions

AL Ala. Admin. Code r. 80-10-8-.04 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

European brown garden snail restrictions

AL Ala. Admin. Code r. 80-10-8-.06 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

European brown garden snail restrictions

AL Ala. Admin. Code r. 80-11-1-.05 Plants Seeds Importation

Disease/Pest

Prevention

Noxious weed seed restrictions

AL Ala. Admin. Code r. 80-3-1-.10 Livestock Cattle Importation

Disease/Pest

Prevention

Testing of cattle that change ownership - identification, brucellosis

status

AL Ala. Admin. Code r. 80-3-1-.11 Livestock Cattle, Swine Importation

Disease/Pest

Prevention

Importation requirements for cattle and swine - certificate of health,

permit, brucellosis

AL Ala. Admin. Code r. 80-3-18.02 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry and hatching eggs - prohibition on

entry, avian influenza

AL Ala. Admin. Code r. 80-3-18.04 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - entry permit

AL Ala. Admin. Code r. 80-3-18.05 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - health certificate

AL Ala. Admin. Code r. 80-3-18.06 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - transport equipment cleaning

and disinfecting, certification

AL Ala. Admin. Code r. 80-3-18.07 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for eggs, hatching and commercial -

certificate, free from avian influenza or not from quarantine area

AL Ala. Admin. Code r. 80-3-18.11 Livestock Poultry Importation

Disease/Pest

Prevention

Prohibition on importation or transportation of products containing

rendered poultry products from poultry from a quarantined due to Avian

Influenza, permission required

AL Ala. Admin. Code r. 80-3-2-.02 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - certificate of veterinary inspection,

pseudorabies

AL Ala. Admin. Code r. 80-3-4-.03 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for equines - certificate of veterinary

inspection, testing, Equine Infectious Anemia

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

AL Ala. Admin. Code r. 80-3-6-.13 Livestock Livestock Importation

Disease/Pest

Prevention

Import requirements for livestock and poultry - certificate of veterinary

inspection, permit, prohibition on diseased or exposed animals

AL Ala. Admin. Code r. 80-3-6-.16 Livestock Cattle Importation

Disease/Pest

Prevention

Prohibition on importation of cattle infested with ticks or from tick-

quarantined areas

AL Ala. Admin. Code r. 80-3-6-.18 Livestock Cattle, Sheep, Goats Importation

Disease/Pest

Prevention

Import restrictions on cattle, sheep, and goats - scabies and other

disease prohibitions

AL Ala. Admin. Code r. 80-3-6-.21 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry for breeding purposes - pollorum

disease

AL Ala. Admin. Code r. 80-3-6-.23 Game Animals Game Animals Inspection

Disease/Pest

Prevention

Importation requirements for wild and semi-wild animals including

cervids and other game animals - brucellosis, tuberculosis, chronic

wasting disease

AL Ala. Admin. Code r. 80-3-6-.35 Livestock Ratites Importation

Disease/Pest

Prevention

Importation requirements for ratites - certificate of veterinary inspection,

identification, free from disease, avian influenza test

AL Ala. Admin. Code r. 80-3-6-.36 Livestock Livestock Importation

Disease/Pest

Prevention

Prohibition on importation of certain livestock with vesicular stomatitis,

conditions for entry

AL Ala. Admin. Code r. 80-3-6-.37 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats for dairy purposes - Official

Certificate of Veterinary Inspection, brucellosis, tuberculosis, scabies,

foot rot, contagious ecthyma

AL Ala. Admin. Code r. 80-3-6-.38 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for cattle from Wyoming - entry permit,

brucellosis test

AL Ala. Admin. Code r. 80-3-7-.04 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - prohition on entry from

tuberculosis quaratine areas

AL Ala. Admin. Code r. 80-3-7-.07 Livestock

Cattle, Bison, Goats,

Cervids

Importation

Disease/Pest

Prevention

Importation requirements for cattle, bison, goats, and cervids from

Michigan - entry permit, tuberculosis test

AL Ala. Code § 2-14-4 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees

AL Ala. Code § 2-15-155 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for cattle - certificate of health, veterinary

examination, free from disease

AL Ala. Code § 2-19-129 Cotton Cotton Importation

Disease/Pest

Prevention

Boll weevil and pink bollworm restrictions

AL Ala. Code § 2-25-13 Plants Plant Products Importation

Disease/Pest

Prevention

Authority to quarantine plants, plant products, and soils

AL Ala. Admin. Code r. 80-1-22-.36 Food Food Labeling Food Safety Noxious weed seed restrictions

AL Ala. Code § 41-16-27

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

AL Ala. Code § 41-16-57

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

AR Ark. Code § 2-40-801 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - Equine Infectious Anemia

AR Ark. Code R. § 002.01.1-09.11 Live Animals

Wildlife, Exotic

Animals

Importation

Disease/Pest

Prevention

Importation Of Certain Living Wildlife Prohibited and exceptions

AR Ark. Code R. § 002.01.1-34.11 Live Animals Turtles Importation

Disease/Pest

Prevention

Importation Of Alligator Snapping Turtles, Razorback Musk Turtles, And

Chicken Turtles Prohibited

AR Ark. Code R. § 002.01.1-35.11 Fish Fish Importation

Disease/Pest

Prevention

Importation requirements for fish - Viral Hemorrhagic Septicemia

AR Ark. Code R. § 125.00.12 Livestock

Livestock, Exotic

Animals

Importation

Disease/Pest

Prevention

Arkansas health requirements governing the entry of livestock, poultry,

and exotic animals

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

AR Ark. Code R. § 125.00.14 Livestock

Livestock, Exotic

Animals

Importation

Disease/Pest

Prevention

Exhibition Health Requirements for Livestock, Poultry, and Exotic

Animals

AR Ark. Code R. § 125.00.15 Livestock Poultry Importation

Disease/Pest

Prevention

Requirements to prevent the introduction of Avian influenza

AR Ark. Code R. § 125.00.17 Livestock Cattle Importation

Disease/Pest

Prevention

Regulation prescribing procedures for the identification and movement

of unvaccinated female cattle

AR Ark. Code R. § 209.01.4-2 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine

AR Ark. Code R. § 209.01.5-I Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses Equine Infectious Anemia

AR Ark. Code R. § 209.02 Plants Plants Importation

Disease/Pest

Prevention

Rules on plant diseases and pests

AR Ark. Code R. § 209.02.1-I Plants Plants Importation

Disease/Pest

Prevention

Plant diseases, insect pests and noxious weeds declared to be a

public nuisance - Purple Loosestrife, Giant salvinia, Water Hyacinth,

Japanese Blood Grass

AR Ark. Code R. § 209.02.1-VI Crops Sweet Potatoes Importation

Disease/Pest

Prevention

Sweet Potato Weevil restrictions

AR Ark. Code R. § 209.02.1-VIII Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Quarantine of any product or substance which may hereafter be found

capable of spreading the imported fire ant

AR Ark. Code R. § 209.02.10-IX Cotton Cotton Importation

Disease/Pest

Prevention

Pink Bollworm violations

AR Ark. Code R. § 209.02.9-3 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

AR Ark. Code § 2-15-203 Food Rice Quality Standards Product Quality Prohibition of rice with characteristics of commercial impact

AZ Ariz. Admin. Code § 12-4-430 Live Animals Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - Chronic Wasting Disease and

other diseases Embargo

AZ Ariz. Admin. Code § 3-2-404 Livestock Swine Importation

Disease/Pest

Prevention

Importation, Manufacture, Sale, and Distribution of Biologicals and

Semen

AZ Ariz. Admin. Code § 3-2-605 Livestock Live Animals Importation

Disease/Pest

Prevention

Hold order for animals entering illegally

AZ Ariz. Admin. Code § 3-2-606 Livestock Live Animals Importation

Disease/Pest

Prevention

Certificate of Veterinary Inspection requirements for importation

AZ Ariz. Admin. Code § 3-2-607 Livestock Live Animals Importation

Disease/Pest

Prevention

Entry Permits for importation

AZ Ariz. Admin. Code § 3-2-612 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Importation requirements for cattle and bison - Entry Permits,

brucellosis, marking, and other requirements

AZ Ariz. Admin. Code § 3-2-613 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - Pseudorabies and brucellosis

AZ Ariz. Admin. Code § 3-2-614 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - Bluetongue, scrapie,

and brucella

AZ Ariz. Admin. Code § 3-2-615 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - Equine Infectious Anemia

AZ Ariz. Admin. Code § 3-2-617 Livestock Poultry Importation

Disease/Pest

Prevention

Certificate of Veterinary Inspection Requirement

AZ Ariz. Admin. Code § 3-2-618 Live Animals Psittacine Birds Importation

Disease/Pest

Prevention

Importation requirements for Psittacine birds - certificate of veterinary

inspection, avian chlamydiosis

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

AZ Ariz. Admin. Code § 3-4-231 Nuts

Pecans, Other Nut

Trees

Importation

Disease/Pest

Prevention

Nut Pests - Importation restrictions - Pecan Weevil, etc.

AZ Ariz. Admin. Code § 3-4-233 Crops Lettuce Importation

Disease/Pest

Prevention

Lettuce Mosaic Virus Restrictions

AZ Ariz. Admin. Code § 3-4-238 Crops Produce Importation

Disease/Pest

Prevention

Whitefly Pests

AZ Ariz. Admin. Code § 3-4-242 Fruit Citrus Trees Importation

Disease/Pest

Prevention

Brown Citrus Aphid restrictions

AZ Ariz. Admin. Code § 3-4-403 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

AZ Ariz. Rev. Stat. § 3-209 Plants Plant Products Importation

Disease/Pest

Prevention

Authority to quarantine plants, plant products, and soils

AZ Ariz. Rev. Stat. § 3-210 Plants Plant Products Importation

Disease/Pest

Prevention

Authority to treat or destroy infected plants or products imported

AZ Ariz. Rev. Stat. § 3-211 Nursery Stock Nursery Plants Labeling

Disease/Pest

Prevention

Labeling of Imported or Shipped Plants and Seeds

AZ Ariz. Admin. Code § 3-2-805 Food Milk Quality Standards Product Quality Grade “A” Milk - tuberculosis testing of animals required

CA Cal. Code Regs. tit. 3, § 1320.1 Food Eggs Prohibition Animal Welfare

Prohibition on sale of shell eggs or liquid eggs for human food if it is

the product of an egg-laying hen confined in an enclosure that fails to

comply with standards

CA Cal. Code Regs. tit. 3, § 1321.1 Food Meat Prohibition Animal Welfare

Prohibition on sale of meat from calf confined in an enclosure that fails

to comply with standards

CA Cal. Code Regs. tit. 3, § 1322.1 Food Meat Prohibition Animal Welfare

Prohibition on sale of whole pork meat for human food if the whole pork

meat is the product of a breeding pig, or the product of the immediate

offspring of a breeding pig, that was confined at any time during the

production cycle for said product in an enclosure that fails to comply

with standards

CA Cal. Health & Safety Code § 25982 Food Foie Gras Prohibition Animal Welfare Prohibition on sale of foie gras

CA Cal. Health & Safety Code § 25996 Food Eggs Prohibition Animal Welfare

Prohibition on sale or contract for sale of shelled eggs for human

consumption for failure to comply with animal care standards

CA Cal. Penal Code § 598c Livestock Equines Prohibition Animal Welfare Prohibition on Importation of horses for slaughter

CA Cal. Penal Code § 379 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

CA Cal. Code Regs. tit. 14, § 166 Fish Salmon Importation

Disease/Pest

Prevention

Salmon importation regulations

CA Cal. Code Regs. tit. 14, § 236 Aquaculture Fish Reporting

Disease/Pest

Prevention

Aquaculture Import and Disease Reporting of Viral Hemorrhagic

Septicemia

CA Cal. Code Regs. tit. 14, § 245 Fish Fish Importation

Disease/Pest

Prevention

Fish importation requirements

CA Cal. Code Regs. tit. 14, § 40 Live Animals Snakes Importation

Disease/Pest

Prevention

Snake importation requirements

CA Cal. Code Regs. tit. 14, § 671 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation, transportation and possession of certain live restricted

animals

CA Cal. Code Regs. tit. 14, § 712 Live Animals Cervids Importation

Disease/Pest

Prevention

Chronic Wasting Disease Restrictions

CA Cal. Code Regs. tit. 17, § 2612.1 Live Animals Turtles Importation

Disease/Pest

Prevention

Importation requirements for turtles - Turtle Salmonellosis

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

CA Cal. Code Regs. tit. 3, § 3251 Forestry Oak Trees Importation

Disease/Pest

Prevention

Oak Wilt Restrictions

CA Cal. Code Regs. tit. 3, § 3252 Crops Produce Importation

Disease/Pest

Prevention

Fruit Fly Inspection, Certification for Importation

CA Cal. Code Regs. tit. 3, § 3256 Crops Produce Importation

Disease/Pest

Prevention

Fruit Fly Inspection, Certification for Importation

CA Cal. Code Regs. tit. 3, § 3257 Crops Sweet Potatoes Importation

Disease/Pest

Prevention

Sweet Potato Weevil restrictions

CA Cal. Code Regs. tit. 3, § 3260 Plants Plants Importation

Disease/Pest

Prevention

Restrictions on plants and agricultural products to reduce invasive

pests - nut trees

CA Cal. Code Regs. tit. 3, § 3261 Plants Plants Importation

Disease/Pest

Prevention

Ozonium Rot Root Exterior Restrictions

CA Cal. Code Regs. tit. 3, § 3263 Crops

Corn, Sorghum,

Grains

Importation

Disease/Pest

Prevention

Corn Borer Restrictions

CA Cal. Code Regs. tit. 3, § 3264 Crops

Tomatoes, Potatoes,

Eggplants, Peppers

Importation

Disease/Pest

Prevention

Colorado Potato Beetle exterior quarantine - prohibited with exceptions

CA Cal. Code Regs. tit. 3, § 3266 Plants Plants Importation

Disease/Pest

Prevention

Plum Curculio and Blueberry Maggot Exterior Restrictions

CA Cal. Code Regs. tit. 3, § 3271 Crops Potatoes, Tomatoes Importation

Disease/Pest

Prevention

Nematodes Restrictions

CA Cal. Code Regs. tit. 3, § 3272 Plants Plants Importation

Disease/Pest

Prevention

Cornstalk Borers and Sugarcane Borer Exterior Restrictions

CA Cal. Code Regs. tit. 3, § 3273 Plants Plants Importation

Disease/Pest

Prevention

Walnut and Pecan Pests Exterior Quarantine Restrictions

CA Cal. Code Regs. tit. 3, § 3274 Plants Plants Importation

Disease/Pest

Prevention

Cedar-Apple Rust Disease Exterior Quarantine Restriction

CA Cal. Code Regs. tit. 3, § 3280 Plants Plants Importation

Disease/Pest

Prevention

Japanese Beetle Exterior Quarantine Restriction

CA Cal. Code Regs. tit. 3, § 3282 Fruit Palms Importation

Disease/Pest

Prevention

Date Palm and Coconut Palm Lethal Yellowing restrictions

CA Cal. Code Regs. tit. 3, § 3591.6 Forestry Trees Importation

Disease/Pest

Prevention

Gypsy Moth Restrictions

CA Cal. Code Regs. tit. 3, § 3654 Fruit Grapes Importation

Disease/Pest

Prevention

Inspection of Shipments and Disposition of Infested Shipments for

eliminating vectors

CA Cal. Code Regs. tit. 3, § 3655 Fruit Grapes Importation

Disease/Pest

Prevention

Movement of grapes during shipment

CA Cal. Code Regs. tit. 3, § 3659 Plants Plants Importation

Disease/Pest

Prevention

Movement of grapes during shipment

CA Cal. Code Regs. tit. 3, § 3662 Food Citrus Importation

Disease/Pest

Prevention

Citrus Standards for Movement

CA Cal. Code Regs. tit. 3, § 751.1 Livestock Livestock Importation

Disease/Pest

Prevention

Livestock importation restrictions

CA Cal. Code Regs. tit. 3, § 758 Livestock Cattle Importation

Disease/Pest

Prevention

Cattle importation restrictions - Bovine Tuberculosis

CA Cal. Code Regs. tit. 3, § 760.5 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Sheep and goat importation restrictions - Scrapie

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

CA Cal. Code Regs. tit. 3, § 760.7 Livestock Livestock Importation

Disease/Pest

Prevention

Livestock importation restrictions - Scabies

CA Cal. Code Regs. tit. 3, § 796.4 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine not for slaughter - Pseudorabies

CA Cal. Code Regs. tit. 3, § 796.6 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine for slaughter

CA Cal. Code Regs. tit. 3, § 821.4 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian Influenza and Newcastle

Disease

CA Cal. Code Regs. tit. 3, § 830.2 Live Animals Live Animals Importation

Disease/Pest

Prevention

General importation requirements for livestock

CA Cal. Code Regs. tit. 3, § 830.3 Live Animals Live Animals Importation

Disease/Pest

Prevention

Veterinary Inspection Requirements for Livestock

CA Cal. Food & Agric. Code § 29042 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

CA Cal. Food & Agric. Code § 29110 Livestock Bees Importation

Disease/Pest

Prevention

Bee Quarantine Authority

CA Cal. Food & Agric. Code § 29111 Livestock Bees Importation

Disease/Pest

Prevention

Bee Quarantine Authority

CA Cal. Food & Agric. Code § 29120 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

CA Cal. Food & Agric. Code § 29122 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

CA Cal. Food & Agric. Code § 29127 Livestock Bees Importation

Disease/Pest

Prevention

Destruction or Treatment of Colonies with American Foulbrood

CA Cal. Food & Agric. Code § 29172 Livestock Bees Certification

Disease/Pest

Prevention

Prohibition on sale of diseased bees, comb, hive, appliance, and

colony

CA Cal. Food & Agric. Code § 52257 Plants Seeds Importation

Disease/Pest

Prevention

Noxious weed seed restrictions

CA Cal. Food & Agric. Code § 6045 Fruit Grapes Importation

Disease/Pest

Prevention

Pierce’s Disease and the Glassy-winged Sharpshooter Restrictions

CA Cal. Food & Agric. Code § 6047.1 Fruit Grapes Importation

Disease/Pest

Prevention

Pierce’s Disease and the Glassy-winged Sharpshooter Restrictions

CA Cal. Food & Agric. Code § 6047.60 Fruit Grapes Importation

Disease/Pest

Prevention

Pierce’s Disease and the Glassy-winged Sharpshooter Restrictions

CA Cal. Food & Agric. Code § 6152 Fruit Figs Quality Standards

Disease/Pest

Prevention

Fig Standards for Sale

CA Cal. Food & Agric. Code § 6156 Fruit Figs Quality Standards

Disease/Pest

Prevention

Fig Standards for sale (Profichi Crop Fig)

CA Cal. Food & Agric. Code § 6157 Fruit Figs Quality Standards

Disease/Pest

Prevention

Fig Standards for sale (Mamme Crop)

CA Cal. Food & Agric. Code § 6401 Plants Plants Importation

Disease/Pest

Prevention

General Plant Import Standards - Quarantine plants to be held for

inspection

CA Cal. Food & Agric. Code § 6441 Plants Plants Importation

Disease/Pest

Prevention

General Plant Import standards (Disinfection of conveyance)

CA Cal. Food & Agric. Code § 6461 Plants Plants Importation

Disease/Pest

Prevention

General Plant Import standards (Pest-infested shipments)

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

CA Cal. Food & Agric. Code § 6461.5 Fruit Grapes Importation

Disease/Pest

Prevention

Pierce’s Disease and the Glassy-winged Sharpshooter Restrictions

CA Cal. Food & Agric. Code § 6464 Plants Plants Importation

Disease/Pest

Prevention

General Plant Import standards (Treatment for destroying pests)

CA Cal. Food & Agric. Code § 7501 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions - pest seed

CA Cal. Food & Agric. Code § 9641.5 Livestock Horses Importation

Disease/Pest

Prevention

Horse and other Equidae importation restrictions - Equine Infectious

Anemia

CA Cal. Pub. Cont. Code § 7107

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

CA Cal. Code Regs. tit. 3, § 3281 Plants Aquatic Plants Importation Sustainability Hydrilla Restrictions

CA Cal. Fish & Game Code § 2301 Fish Shellfish Importation Sustainability Dreissenid Mussels

CO Colo. Rev. Stat. § 35-21-203 Livestock Poultry Prohibition Animal Welfare Confinement of egg-laying hens - sale of eggs in Colorado

CO Colo. Rev. Stat. § 35-80-108 Pets

Dogs, Cats, Birds,

Turtles, Rabbits,

Other Animals

Prohibition Animal Welfare Unlawful to import certain animals

CO Colo. Rev. Stat. § 18-18-406.2 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

CO 2 Code Colo. Regs. § 406-0:007 Livestock Cervids Importation

Disease/Pest

Prevention

Importation permit requirements for wildlife including captive cervids -

Brucellosis, tuberculosis

CO 2 Code Colo. Regs. § 406-0:014 Fish Fish Importation

Disease/Pest

Prevention

Importation requirements for fish - health inspections and certifications

CO 8 Code Colo. Regs. § 1201-16:2 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - certificate of veterinary

inspection and permit

CO 8 Code Colo. Regs. § 1201-17:3 Livestock Livestock Importation

Disease/Pest

Prevention

Requirements for interstate movement of alternative livestock,

including live animals, gametes, eggs, sperm, or other genetic material

- certificate of veterinary inspection and permit

CO 8 Code Colo. Regs. § 1201-19:2 Livestock Livestock Importation

Disease/Pest

Prevention

Livestock import requirements - veterinarian statement concerning

certain designated or reportable diseases

CO 8 Code Colo. Regs. § 1201-19:9 Livestock Swine Importation

Disease/Pest

Prevention

Import permit number and certificate of veterinary inspection required

for swine

CO 8 Code Colo. Regs. § 1201-20:7 Livestock Poultry Importation

Disease/Pest

Prevention

Standards for live bird markets

CO 8 Code Colo. Regs. § 1203-6:7 Plants Seeds Prohibition

Disease/Pest

Prevention

Prohibition on weeds in seeds - restriction on number of weeds in a lot

of seeds

CO Colo. Rev. Stat. § 24-103-906

Agricultural

Products

Agricultural Products Procurement Market Support Government procurement regulations

CO Colo. Rev. Stat. § 24-103-907

Agricultural

Products

Agricultural Products Procurement Market Support

Government procurement regulations - preference for state agricultural

products

CO 8 Code Colo. Regs. § 1203-6:13 Plants Beans Labeling Quality Standards

Labeling and certification requirements for disease free seed beans -

inspection and phytosanitary certification

CO 8 Code Colo. Regs. § 1203-6:15 Plants Seeds Recordkeeping Quality Standards Requirement for responsible parties to keep records

CT Conn. Agencies Regs. § 22-278-1 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis, Chronic Wasting Disease

CT Conn. Agencies Regs. § 22-278-6 Live Animals Cervids Importation

Disease/Pest

Prevention

Prohibition on importation of captive cervids

CT Conn. Agencies Regs. § 22-278-A2 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Permitting, Scrapie and Other Diseases

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

CT Conn. Agencies Regs. § 22-308-1 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis

CT Conn. Agencies Regs. § 22-308-2 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - tuberculosis

CT Conn. Agencies Regs. § 22-308-3 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - tuberculosis

CT Conn. Agencies Regs. § 22-59-1a Plants Plants Importation

Disease/Pest

Prevention

Grower's declaration

CT Conn. Agencies Regs. § 22-59-8 Plants Seeds Prohibition

Disease/Pest

Prevention

Prohibition of seeds containing primary noxious weeds from sale

CT Conn. Agencies Regs. § 22-59-8a Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

CT Conn. Agencies Regs. § 22-59-8b Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

CT Conn. Agencies Regs. § 22-84-5b Forestry Nursery Stock Importation

Disease/Pest

Prevention

Importation restrictions for nursery stock - Japanese Cedar Longhorn

Beetle, infested trees or other regulated items shipped into Connecticut

may be returned to the point of origin or destroyed

CT Conn. Agencies Regs. § 22-84-5e Forestry Nursery Stock Importation

Disease/Pest

Prevention

Importation restrictions for nursery stock - Emerald Ash Borer and

Asian longhorned beetle

CT Conn. Agencies Regs. § 26-55-1 Fish Fish Importation

Disease/Pest

Prevention

Importation Restrictions: live fish and fish eggs

CT Conn. Agencies Regs. § 26-55-6 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation Restrictions: wild birds, mammals, reptiles, amphibians,

and invertibrates

CT Conn. Agencies Regs. § 26-55-7 Live Animals Butterflies Prohibition

Disease/Pest

Prevention

Import Restrictions: Butterflies

CT Conn. Gen. Stat. § 22-278 Livestock Livestock Importation

Disease/Pest

Prevention

Authority to regulate livestock

CT Conn. Gen. Stat. § 22-279 Livestock Livestock Importation

Disease/Pest

Prevention

Quarantine of animals

CT Conn. Gen. Stat. § 22-319a Livestock Swine Importation

Disease/Pest

Prevention

Hog cholera serum and vaccine - no hogs shall be imported into this

state if hog cholera serum or vaccine has been administered to them.

CT Conn. Gen. Stat. § 22-319b Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - permit, certificate of veterinary

inspection, pseudorabies, brucellosis

CT Conn. Gen. Stat. § 22-415c Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - official interstate health

certificate, official equine infectious anemia test certificate

CT Conn. Gen. Stat. § 22-90 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees - certificate of health required

CT Conn. Gen. Stat. § 4a-51

Agricultural

Products

Agricultural Products Procurement Market Support

Regulation of government procurement of agricultural products - in-

state preference

CT Conn. Gen. Stat. § 4a-59

Agricultural

Products

Agricultural Products Procurement Market Support

Regulation of government procurement of agricultural products -

preferences for certain businesses

CT Conn. Gen. Stat. § 22a-381d Plants Plants Importation Sustainability Invasive plant import restrictions

CT Conn. Gen. Stat. § 26-142a(b) Fish Fish Licensing Sustainability

Commercial fish license required to land regulated species regardless

of where taken

CT Conn. Gen. Stat. § 26-157a Fish Lobster Licensing Sustainability Lobster license required, equipment requirements

CT Conn. Gen. Stat. § 26-159a Fish Fish Equipment Sustainability

Regulations concerning certain sport and commercial fishing in the

marine district and possession of certain species

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

DE Del. Code tit. 16, § 4714 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

DE 16-4202 Del. Admin. Code § 10.0 Live Animals Live Animals Importation

Disease/Pest

Prevention

Prohibition on importing or offering for sale domestic or wild animals

infected or suspected to be infected with a disease communicable from

animals to humans

DE 3-801 Del. Admin. Code § 3.0 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions - unlawful to import designated noxious

weeds into this State

DE 3-901 Del. Admin. Code § 2.0 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry and hatching eggs - health

certification, testing for Avian Influenza, Pullorum-Typhoid, movement

permit for some

DE 3-902 Del. Admin. Code § 4.0 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - certificate of veterinary

inspection, identification, Scrapie

DE 3-904 Del. Admin. Code § 1.0 Livestock Livestock Importation

Disease/Pest

Prevention

All livestock and poultry imports must meet Delaware Animal Health

requirements

DE 3-904 Del. Admin. Code § 13.0 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry and hatching eggs - all poultry

imported into the state shall be from approved pullorum typhoid free

flocks

DE 3-904 Del. Admin. Code § 5.0 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - tuberculosis, brucellosis testing

DE 3-904 Del. Admin. Code § 6.0 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - health certificate, Equine

Infectious Anemia testing

DE 3-904 Del. Admin. Code § 7.0 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - brucellosis, pseudorabies testing

DE 3-904 Del. Admin. Code § 8.0 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - must originate from scrapie-free

flock

DE 3-904 Del. Admin. Code § 9.0 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats - tuberculosis, brucellosis testing

DE 3-905 Del. Admin. Code § 4.0 Live Animals Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - certificate of veterinary

inspection, Chronic Wasting Disease

DE Del. Code tit. 3, §7301 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - certification by inspector,

tuberculosis

DE Del. Code tit. 7, § 928 Fish Finfish Licensing Sustainability

Commercial food fishing license required to land or transfer fish caught

outside State's jurisdictional boundaries

FL Fla. Admin. Code r. 5B-33.003 Crops Potatoes Quality Standards

Consumer

Protection

Requirements for sale of seed potatoes

FL Fla. Admin. Code r. 5B-54.003 Livestock Bees Importation

Consumer

Protection

Prohibition on Africanized Bees

FL Fla. Stat. § 893.03 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

FL Fla. Admin. Code r. 5B-2.001 Plants Plants Importation

Disease/Pest

Prevention

General Plant Import Standards

FL Fla. Admin. Code r. 5B-2.008 Nursery Stock Nursery Plants Recordkeeping

Disease/Pest

Prevention

Records required for plants infested with plant pests

FL Fla. Admin. Code r. 5B-26.007 Forestry Oak Importation

Disease/Pest

Prevention

Interstate Movement of Nursery Stock or Plant Material

FL Fla. Admin. Code r. 5B-3.003 Plants Plants Importation

Disease/Pest

Prevention

General Plant Import Standards of Nursery Stock

FL Fla. Admin. Code r. 5B-3.0035 Crops Produce Importation

Disease/Pest

Prevention

Fruit Fly Inspection, Certification for Importation

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

FL Fla. Admin. Code r. 5B-3.0038 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Importation requirements for plants and plant products - proof of origin,

certificate of inspection, free of pests

FL Fla. Admin. Code r. 5B-38.004 Crops Lettuce Importation

Disease/Pest

Prevention

Lettuce Mosaic Virus Restrictions

FL Fla. Admin. Code r. 5B-38.006 Crops Lettuce Importation

Disease/Pest

Prevention

Lettuce Mosaic Virus Restrictions

FL Fla. Admin. Code r. 5B-43.003 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

European Brown Garden Snail Restrictions

FL Fla. Admin. Code r. 5B-43.005 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

European Brown Garden Snail Restrictions

FL Fla. Admin. Code r. 5B-52.011 Cotton Cotton Importation

Disease/Pest

Prevention

Movement and Importation of Boll Weevil and Pink Bollworm

Restrictions

FL Fla. Admin. Code r. 5B-54.006 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

FL Fla. Admin. Code r. 5B-54.017 Livestock Bees Importation

Disease/Pest

Prevention

Destruction or Treatment of Colonies with American Foulbrood

FL Fla. Admin. Code r. 5B-55.006 Forestry Dogwood Trees Importation

Disease/Pest

Prevention

Dogwood Anthracnose Restrictions and Interstate Movement

FL Fla. Admin. Code r. 5B-57.004 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

FL Fla. Admin. Code r. 5B-57.006 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

FL Fla. Admin. Code r. 5B-57.007 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

FL Fla. Admin. Code r. 5B-64.011 Plants Aquatic Plants Prohibition

Disease/Pest

Prevention

Aquatic Plants prohibited for importation and cultivation

FL Fla. Admin. Code r. 5B-67.004 Live Animals

Giant African Land

Snail

Importation

Disease/Pest

Prevention

Conditions of Certification for Importation of Giant African Land Snails

FL Fla. Admin. Code r. 5C-20.002 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine

FL Fla. Admin. Code r. 5C-26.003 Livestock Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - certificate of veterinary

inspection, chronic wasting disease

FL Fla. Admin. Code r. 5C-3.002 Livestock Livestock Importation

Disease/Pest

Prevention

Restricted animals needing permit for movement, certificate of

veterinary inspection

FL Fla. Admin. Code r. 5C-3.003 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - Equine Infectious Anemia

FL Fla. Admin. Code r. 5C-3.004 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - Bovine Tuberculosis

FL Fla. Admin. Code r. 5C-3.005 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - Scrapie, Scabies

FL Fla. Admin. Code r. 5C-3.007 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies

FL Fla. Admin. Code r. 5C-3.012 Livestock Ratites Importation

Disease/Pest

Prevention

Importation requirements for ostriches and other ratites - Avian

Influenza

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

FL Fla. Admin. Code r. 68A-4.0051 Live Animals Cervids Importation

Disease/Pest

Prevention

Importation restrictions for cervids - no person shall receive, possess,

transport, or carry into the state by any means any live deer, elk or

other species of the family Cervidae originating from out-of-state unless

permitted

FL Fla. Stat. § 581.083 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

FL Fla. Stat. § 581.091 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

FL Fla. Stat. § 581.182 Food Citrus Importation

Disease/Pest

Prevention

Citrus embargo

FL Fla. Stat. § 601.93 Food Citrus Food Safety Food Safety Citrus containing arsenic

FL Fla. Stat. § 287.084

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

FL Fla. Stat. § 601.46 Food Citrus Quality Standards Product Quality Citrus maturity and quality standards

FL Fla. Stat. § 601.49 Food Citrus Quality Standards Product Quality Citrus maturity and quality standards

FL Fla. Stat. § 601.55 Food Citrus Quality Standards Product Quality Citrus maturity and quality standards

FL Fla. Stat. § 601.91 Food Citrus Quality Standards Product Quality Citrus maturity and quality standards

FL Fla. Admin. Code r. 68-5.003 Live Animals Non-Native Species Prohibition Sustainability Prohibition on Introduction of Non-Native Species

GA Ga. Code § 16-13-72 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

GA Ga. Code § 4-4-95.1 Livestock Cattle Importation

Disease/Pest

Prevention

Import requirements for cattle - health certificate, waybill, Brucellosis

GA Ga. Comp. R. & Regs. 391-4-9-.05 Live Animals Cervids Importation

Disease/Pest

Prevention

Written approval required to import cervids

GA Ga. Comp. R. & Regs. 40-12-4-.01 Plants Seeds Quality Standards

Disease/Pest

Prevention

Limitations on noxious weed seeds

GA Ga. Comp. R. & Regs. 40-13-1-.03 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock and poultry - certificate of

inspection, permit

GA Ga. Comp. R. & Regs. 40-13-1-.04 Livestock Livestock Importation

Disease/Pest

Prevention

Certificate of veterinary inspection required to import livestock and

poultry

GA Ga. Comp. R. & Regs. 40-13-1-.05 Livestock Livestock Importation

Disease/Pest

Prevention

Permit required to import livestock - except poultry - brucellosis

GA Ga. Comp. R. & Regs. 40-13-2-.04 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - certificate of veterinary inspection,

brucellosis, vibriosis, trichomoniasis, epithelioma, tuberculosis

GA Ga. Comp. R. & Regs. 40-13-2-.05 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - brucellosis testing

GA Ga. Comp. R. & Regs. 40-13-2-.06 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - tuberculosis

GA Ga. Comp. R. & Regs. 40-13-2-.07 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - trichomoniasis

GA Ga. Comp. R. & Regs. 40-13-2-.08 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - prohibition on swine fed garbage,

vaccinated with Pseudorabies, identification, certification, testing

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

GA Ga. Comp. R. & Regs. 40-13-2-.11 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - certificate of veterinary

inspection, identification, scrapie, scabies, etc.

GA Ga. Comp. R. & Regs. 40-13-2-.12 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - certificate of veterinary

inspection, equine infectious anemia

GA Ga. Comp. R. & Regs. 40-13-2-.13 Livestock Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - certificate of veterinary

inspection, identification, chronic wasting disease

GA Ga. Comp. R. & Regs. 40-13-2-.14 Livestock Ratites Importation

Disease/Pest

Prevention

Importation requirements for ratites - certificate of veterinary inspection,

identification

GA Ga. Comp. R. & Regs. 40-13-2-.15 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - certificate of veterinary inspection

or National Poultry Improvement Plan, avian influenza

GA Ga. Comp. R. & Regs. 40-13-4-.07 Livestock Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - tuberculosis

GA Ga. Comp. R. & Regs. 40-13-6-.04 Livestock Cattle Importation

Disease/Pest

Prevention

Requirements for cattle offered for sale at livestock auction markets

GA Ga. Comp. R. & Regs. 40-24-1-.08 Cotton Cotton Importation

Disease/Pest

Prevention

Importation requirements for cotton and used cotton equipment -

permit, certification - boll weevils

GA Ga. Comp. R. & Regs. 40-4-1-.03 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for queen and package bees - certificate

required, American and European Foulbrood

GA Ga. Comp. R. & Regs. 40-4-1-.04 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for honeybees - permit required, American

and European Foulbrood

GA Ga. Comp. R. & Regs. 40-4-13-.05 Fruit Peach Trees Importation

Disease/Pest

Prevention

Importation of fruit tree nursery stock - nursery inspection certificate

required - Phony Peach disease

GA Ga. Comp. R. & Regs. 40-4-24-.04 Nursery Stock Fruit Plants Importation

Disease/Pest

Prevention

Importation of certain fruit bearing and ornamental varieties of

blueberry plants, huckleberry plants - certification, permit, notification -

Blueberry Scorch Virus

GA Ga. Comp. R. & Regs. 40-4-7-.05 Crops Vegetables Importation

Disease/Pest

Prevention

Importation restrictions for vegetable transplants - inspection,

certification, restricted areas

GA Ga. Comp. R. & Regs. 40-4-7-.06 Crops Vegetables Importation

Disease/Pest

Prevention

Importation restrictions for certified organic vegetable transplants -

whiteflies and other sap feeding insects

GA Ga. Comp. R. & Regs. 40-4-9-.04 Plants Plants Importation

Disease/Pest

Prevention

Importation requirements for live plants

GA Ga. Comp. R. & Regs. 511-6-1-.04 Food

Dairy, Mushrooms,

Shellfish

Sourcing Food Safety

Requirements that food be safe, unadulterated, and honestly

presented - sourcing requirements for shellfish, wild mushrooms, fluid

milk and milk products, etc.

GA Ga. Code § 50-5-60

Agricultural

Products

Agricultural Products Procurement Market Support

Preference to supplies, equipment, materials, and agricultural products

produced in state

GA Ga. Code § 50-5-61

Agricultural

Products

Agricultural Products Procurement Market Support

State and local authorities to give preference to supplies, materials,

and agricultural products produced in state

HI Haw. Code R. § 4-16-16 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis, brucellosis, anaplasmosis, and any other

transmissible disease

HI Haw. Code R. § 4-16-18 Livestock Cattle Importation

Disease/Pest

Prevention

Brucellosis surveillance, control, and eradication

HI Haw. Code R. § 4-16-9 Livestock Cattle, Sheep, Goats Importation

Disease/Pest

Prevention

Entry status on imports

HI Haw. Code R. § 4-17-7 Livestock Swine Importation

Disease/Pest

Prevention

Preshipment requirements (Pseudorabies, hog cholera, or any other

swine disease)

HI Haw. Code R. § 4-20-7 Animals

Non-Domesticated

Animals

Importation

Disease/Pest

Prevention

Preshipment requirements (prevent the introduction of transmissible

diseases)

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

HI Haw. Code R. § 4-28-8 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Preshipment requirements (Avian Influenza, Newcastle Disease, West

Nile virus, etc)

HI Haw. Code R. § 4-70-36 Forestry Pine Trees Importation

Disease/Pest

Prevention

Introduction of any pine plant prohibited

HI Haw. Code R. § 4-71-6 Live Animals Live animals Importation

Disease/Pest

Prevention

Prohibited introductions (No person shall introduce into Hawaii any

animal from the list of prohibited animals)

HI Haw. Rev. Stat. § 150A-5

Agricultural

Products

Plants, Wild Animals Importation

Disease/Pest

Prevention

Conditions of importation

HI Haw. Rev. Stat. § 150A-6

Agricultural

Products

Agricultural Products Importation

Disease/Pest

Prevention

Importation or possession prohibited - soil, plants, animals, etc.

HI Haw. Rev. Stat. § 103D-1002

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

IA Iowa Code § 205.5 Nuts Bitter Almonds Prohibition

Consumer

Protection

Prohibition on sale of bitter almonds

IA Iowa Code § 124.204 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

IA Iowa Admin. Code r. 21-22.10 Livestock Bees Importation

Disease/Pest

Prevention

Prohibit movement of bees from designated states

IA Iowa Admin. Code r. 21-22.11 Livestock Bees Importation

Disease/Pest

Prevention

Inspection required for the sale of bees, comb, or used equipment -

dieases including American Foulbrood

IA Iowa Admin. Code r. 21-22.3 Livestock Bees Importation

Disease/Pest

Prevention

Requirement for the sale of bees - mites

IA Iowa Admin. Code r. 21-22.4 Livestock Bees Importation

Disease/Pest

Prevention

Certificate of inspection required - mites

IA Iowa Admin. Code r. 21-22.5 Livestock Bees Importation

Disease/Pest

Prevention

Certificate of inspection expiration - Africanized bees

IA Iowa Admin. Code r. 21-22.9 Livestock Bees Importation

Disease/Pest

Prevention

European honeybee certification

IA Iowa Admin. Code r. 21-46.15 Nursery Stock Nursery Stock Importation

Disease/Pest

Prevention

Out-of-state nursery growers and nursery dealers - official certificate of

inspection required

IA Iowa Admin. Code r. 21-64.155 Livestock Swine Importation

Disease/Pest

Prevention

Certificates of inspection required for importing swine

IA Iowa Admin. Code r. 21-64.202 Livestock Sheep Importation

Disease/Pest

Prevention

Imported sheep - official identification required

IA Iowa Admin. Code r. 21-64.34 Livestock Cervids Importation

Disease/Pest

Prevention

Cervidae originating outside Iowa - entry permit required

IA Iowa Admin. Code r. 21-64.36 Livestock Horses Importation

Disease/Pest

Prevention

Horses and mules certificate of veterinary inspection for importation

IA Iowa Admin. Code r. 21-64.41 Livestock Livestock Importation

Disease/Pest

Prevention

Livestock imported for resale required to meet health requirements

IA Iowa Admin. Code r. 21-64.80 Livestock Livestock Importation

Disease/Pest

Prevention

Requires cattle imported into the state to comply with Iowa Admin.

Code r. 21-65.4

IA Iowa Admin. Code r. 21-65.11 Livestock Poultry Importation

Disease/Pest

Prevention

Certificate of veterinary inspection required for importing poultry

IA Iowa Admin. Code r. 21-65.12 Livestock Swine Importation

Disease/Pest

Prevention

Interstate swine movement reporting and identification

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

IA Iowa Admin. Code r. 21-65.2 Livestock Livestock Importation

Disease/Pest

Prevention

Pre-entry permits required for importing certain livestock - including

cervids, certain poultry, certain cattle and bison, and captive wild-type

swine

IA Iowa Admin. Code r. 21-65.3 Live Animals Live Animals Importation

Disease/Pest

Prevention

Ban on importation of certain animals and import transport vehicle

cleaning requirements

IA Iowa Admin. Code r. 21-65.4 Livestock Cattle Importation

Disease/Pest

Prevention

Certificate of veterinary inspection required for importing cattle and

bison - Brucellosis, Trichomoniasis, and Tuberculosis test

IA Iowa Admin. Code r. 21-65.5 Livestock Swine Importation

Disease/Pest

Prevention

Certificate of veterinary inspection required for importing swine -

Brucellosis and Pseudorabies restrictions

IA Iowa Admin. Code r. 21-65.6 Livestock Goats Importation

Disease/Pest

Prevention

Certificate of veterinary inspection required for importing goats -

Brucellosis, Tuberculosis, and scrapie restrictions

IA Iowa Admin. Code r. 21-65.7 Livestock Sheep Importation

Disease/Pest

Prevention

Certificate of veterinary inspection required for importing sheep -

scabies and scrapie restrictions

IA Iowa Admin. Code r. 21-65.8 Livestock Horses Importation

Disease/Pest

Prevention

Certificate of veterinary inspection required for importing horses -

equine infectious anemia, brucellosis, "poll evil," "fistulous withers"

restrictions

IA Iowa Admin. Code r. 21-65.9 Livestock Cervids Importation

Disease/Pest

Prevention

Certificate of veterinary inspection required for importing cervids -

Chronic wasting disease, brucellosis, and Tuberculosis restrictions

IA Iowa Admin. Code r. 571-89.2 Aquaculture Fish Importation

Disease/Pest

Prevention

Permit required to import certain aquaculture species

IA Iowa Admin. Code r. 571-89.3 Aquaculture Fish Importation

Disease/Pest

Prevention

Disease-free certification required to import certain aquaculture species

IA Iowa Code § 165.36 Livestock Cattle Importation

Disease/Pest

Prevention

Cattle importation requirements - Tuberculosis

IA Iowa Code § 177A.5 Plants Plant Products Reporting

Disease/Pest

Prevention

Reporting insect pests and diseases - requirements for plant and plant

product sellers

IA Iowa Code § 481A.143 Fish Fish Importation

Disease/Pest

Prevention

Fish import and disease reporting requirements

IA Iowa Code § 73.1

Agricultural

Products

Agricultural Products Procurement Market Support Government procurement regulations - agricultural products

IA Iowa Code § 73.16

Agricultural

Products

Agricultural Products Procurement Market Support

Government procurement regulations - small business and targeted

small business preferences, veteran businesses

IA Iowa Code § 8A.311

Agricultural

Products

Agricultural Products Procurement Market Support Government procurement regulations - agricultural products

IA Iowa Admin. Code r. 571-90.2 Fish Fish Importation Sustainability Import restrictions on certain invasive aquatic fish and plant species

ID Idaho Admin. Code r. 02.04.21.200 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - identification, certificate of

veterinary inspection

ID Idaho Admin. Code r. 02.04.21.240 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Importation requirements for cattle and bison - Tuberculosis

ID Idaho Admin. Code r. 02.04.21.400 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - identification, certificate of

veterinary inspection, not vaccinated for pseudorabies, not fed

garbage, exception for swine sent to slaughter

ID Idaho Admin. Code r. 02.04.21.401 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - brucellosis

ID Idaho Admin. Code r. 02.04.21.402 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

ID Idaho Admin. Code r. 02.04.21.600 Live Animals Cervids Importation

Disease/Pest

Prevention

Importation requirements for domestic cervids - certificate of veterinary

inspection, deworming, from national chronic wasting disease certified

herd

ID Idaho Admin. Code r. 02.08.01.100 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats

ID Idaho Admin. Code r. 02.08.01.101 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - permits

ID Idaho Admin. Code r. 02.08.01.102 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - scabies

ID Idaho Code § 22-2016 Plants Plants Importation

Disease/Pest

Prevention

Importation restrictions on plants, plant pests, and other items -

introduction into or release within this state of any plant pest, biocontrol

agent, or genetically engineered plant or plant pest, or any other

organism which may directly or indirectly affect the plant life of this state

as an injurious pest, parasite or predator of other organisms, or any

arthropod, is prohibited, except under permit or exemption

ID Idaho Code § 67-2349

Agricultural

Products

Agricultural Products Procurement Market Support

Regulation of government procurement - preference for in-state

suppliers

IL Ill. Admin. Code tit. 8, pt. § 25.50 Live Animals Live Animals Transportation Animal Welfare Animal welfare - transportation requirements

IL 410 Ill. Comp. Stat. § 637/5 Food Food Labeling

Consumer

Protection

Halal Food Act - regulates use of terms related to "Halal" to protect

consumers from fraud

IL 410 Ill. Comp. Stat. § 645/1 Food Food Labeling

Consumer

Protection

Kosher Food Act - regulates use of terms related to "Kosher" to protect

consumers from fraud

IL Ill. Admin. Code tit. 8, pt. 60.50 Livestock Bees Importation

Consumer

Protection

Bee equipment treatment requirements prior to entry, prohibition on

exotic strains, Africanized honey bee regulations

IL 720 Ill. Comp. Stat. § 570/204 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

IL 510 Ill. Comp. Stat. § 65/4 Livestock Equines Importation

Disease/Pest

Prevention

Equine Infectious Anemia and Certificate of Veterinary Inspection

Requirements

IL Ill. Admin. Code tit. 17, pt. 635.20 Live Animals Cervids Importation

Disease/Pest

Prevention

Chronic Wasting Disease, Brucellosis, and Tuberculosis Restrictions

IL Ill. Admin. Code tit. 17, pt. 870.50 (c) Fish Fish Importation

Disease/Pest

Prevention

Salmonid import permitting; source hatchery inspection

IL Ill. Admin. Code tit. 17, pt. 875.40 Fish Fish Reporting

Disease/Pest

Prevention

Fish Health Inspection Report Requirements

IL Ill. Admin. Code tit. 17, pt. 875.50 Aquaculture Fish Reporting

Disease/Pest

Prevention

Viral Hemorrhagic Septicemia (VHS) - unlawful to import VHS-

susceptible species into the State of Illinois without a VHS-Susceptible

Species Permit issued by the Department

IL Ill. Admin. Code tit. 17, pt. 875.50 Fish Fish Importation

Disease/Pest

Prevention

Viral Hemorrhagic Septicemia (VHS) Species Permitting - unlawful to

import VHS-susceptible species without permit

IL Ill. Admin. Code tit. 8, pt. § 105.10 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies, health certification,

and permit requirements

IL Ill. Admin. Code tit. 8, pt. 105.30 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies, brucellosis, health

certification, tagging, and permit requirements

IL Ill. Admin. Code tit. 8, pt. 230.20 Plants Plants Prohibition

Disease/Pest

Prevention

Noxious weed seed prohibitions

IL Ill. Admin. Code tit. 8, pt. 230.30 Plants Plants Restriction

Disease/Pest

Prevention

Noxious weed restrictions

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

IL Ill. Admin. Code tit. 8, pt. 230.60 Plants Plants Prohibition

Disease/Pest

Prevention

Sale prohibitions and labeling requirements

IL Ill. Admin. Code tit. 8, pt. 240.20 Nursery Stock Plants Importation

Disease/Pest

Prevention

Import inspections for Illinois compliance

IL Ill. Admin. Code tit. 8, pt. 240.280 Plants Plant Products Importation

Disease/Pest

Prevention

Authority to quarantine plants, plant products, and soils

IL Ill. Admin. Code tit. 8, pt. 240.30 Nursery Stock Plants Importation

Disease/Pest

Prevention

Disposing/Returning Infested or Infected stock

IL Ill. Admin. Code tit. 8, pt. 40.100 Livestock Cattle Importation

Disease/Pest

Prevention

Brucellosis testing requirements

IL Ill. Admin. Code tit. 8, pt. 40.170 Livestock Swine Importation/Sale

Disease/Pest

Prevention

Health Certification and Permit Requirements

IL Ill. Admin. Code tit. 8, pt. 60.20 Livestock Bees Importation

Disease/Pest

Prevention

Importation requiements for bees - registration

IL Ill. Admin. Code tit. 8, pt. 60.60 Livestock Bees Importation

Disease/Pest

Prevention

Importation Permitting Requirements for Bees

IL Ill. Admin. Code tit. 8, pt. 60.70 Livestock Bees Importation

Disease/Pest

Prevention

Quarantine regulations for bees

IL Ill. Admin. Code tit. 8, pt. 80.140 Livestock Cervids Importation

Disease/Pest

Prevention

Bovine Tuberculosis, Certificate of Veterinary Inspection, and Permit

Requirements

IL Ill. Admin. Code tit. 8, pt. 80.70 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for steers, heifers, and calves - Bovine

Tuberculosis, certificate of veterinary inspection

IL Ill. Admin. Code tit. 8, pt. 80.80 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for certain female cattle - Bovine

Tuberculosis, certificate of veterinary inspection

IL Ill. Admin. Code tit. 8, pt. 85.105 Live Animals Livestock, Dogs Importation

Disease/Pest

Prevention

Permit Requirements for trucks carrying livestock or dogs into Illinois

IL Ill. Admin. Code tit. 8, pt. 85.110 Live Animals Cattle Importation

Disease/Pest

Prevention

Ear Tagging Requirements for out-of-state cattle

IL Ill. Admin. Code tit. 8, pt. 85.120 Live Animals Cervids Importation

Disease/Pest

Prevention

Brucellosis, permitting, and Certificate of Veterinary Inspection

Requirements

IL Ill. Admin. Code tit. 8, pt. 85.125 Live Animals Ratites Importation

Disease/Pest

Prevention

Importation requirements for ratites - Avian influenza, permitting

requirements

IL Ill. Admin. Code tit. 8, pt. 85.130 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock - certificate of veterinary

inspection, Vesicular Stomatitis

IL Ill. Admin. Code tit. 8, pt. 85.150 Livestock Livestock Importation

Disease/Pest

Prevention

Permitting and Certificate of Veterinary Inspection Requirements

IL Ill. Admin. Code tit. 8, pt. 85.55 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation restrictions for sheep and goats - scabies

IL Ill. Admin. Code tit. 8, pt. 85.60 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Bluetongue import restriction - no cattle or sheep infected with or

exposed to bluetongue, and no cattle or sheep from an area under

quarantine because of bluetongue, may be transported within or

moved into the State of Illinois

IL Ill. Admin. Code tit. 8, pt. 85.75 Livestock Cattle Importation

Disease/Pest

Prevention

Cattle Scabies: Requirements from certain areas

IL Ill. Admin. Code tit. 8, pt. 85.80 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Certification, identification, and permit requirements

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

IL Ill. Admin. Code tit. 8, pt. 85.85 Livestock Livestock Importation

Disease/Pest

Prevention

Prohibition on importation of animals recently exposed to disease or

chemical or radiological substances

IL Ill. Admin. Code tit. 8, pt. 85.90 Livestock Livestock Importation

Disease/Pest

Prevention

Health Certification and brucellosis testing requirements

IL Ill. Admin. Code tit. 8, pt. 65.40 Food Eggs Prohibition Food Safety Prohibition on the sale of eggs less than Grade B, etc.

IL 30 Ill. Comp. Stat. § 500/45-50

Agricultural

Products

Agricultural Products Procurement Market Support Preference for agricultural products grown in Illinois

IN Ind. Code § 35-48-4-11 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

IN 312 Ind. Admin. Code 18-3-24 Nuts Walnuts Importation

Disease/Pest

Prevention

Thousand Cankers Disease Restrictions

IN 312 Ind. Admin. Code 18-3-6 Livestock Bees Importation

Disease/Pest

Prevention

Bee Transportation Requirements

IN 312 Ind. Admin. Code 9-10-14 Fish Fish Importation

Disease/Pest

Prevention

Fish hauler's and supplier's permit

IN 312 Ind. Admin. Code 9-10-15 Aquaculture Fish Importation

Disease/Pest

Prevention

Fish importation permit

IN 345 Ind. Admin. Code 1-3-11 Livestock Swine Importation

Disease/Pest

Prevention

Moving swine within Indiana

IN 345 Ind. Admin. Code 1-3-7.5 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Movement of cattle and bison into Indiana (Brucellosis, Tuberculosis,

Johne's disease)

IN 345 Ind. Admin. Code 2-6-2.5 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Importation restrictions for cattle and bison - brucellosis

IN 345 Ind. Admin. Code 2-6-3 Livestock Livestock Importation

Disease/Pest

Prevention

Certified brucellosis-free herd; establishment; maintenance

IN 345 Ind. Admin. Code 2-7-2.4 Live Animals Cervids Importation

Disease/Pest

Prevention

Interstate movement of cervids susceptible to chronic wasting disease

IN 345 Ind. Admin. Code 2.5-3-7 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Importation requirements for cattle and bison - tuberculosis

IN 345 Ind. Admin. Code 5-5-1 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Interstate movement into the state (Scrapie)

IN 345 Ind. Admin. Code 6-1.1-4.6 Livestock Horses Importation

Disease/Pest

Prevention

Equine Infectious Anemia requirements for horses entering Indiana

IN 410 Ind. Admin. Code 7-24-155 Food Shellfish Sourcing Food Safety Shellfish sourcing requirements

KS Kan. Stat. § 65-4105 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

KS Kan. Admin. Regs. § 115-18-10 Fish Fish Importation

Disease/Pest

Prevention

Importation requirements for certain fish and other species

KS Kan. Admin. Regs. § 4-15-10 Plants Plants Importation

Disease/Pest

Prevention

Prohbitition on importing plants with quarantine pests - pest freedom

standards for importation

KS Kan. Admin. Regs. § 9-10-7 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Inspection requirements for all sheep and goats - scabies, dip

requirement authorization

KS Kan. Admin. Regs. § 9-3-9 Livestock Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - certificate of veterinary

inspection, identification, permit, chronic wasting disease, tuberculosis

KS Kan. Admin. Regs. § 9-32-3 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Prohibition on importation of sheep and goats infected with scrapie or

exposed without compliance with a flock plan

KS Kan. Admin. Regs. § 9-32-4 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats for breeding - certificate

of veterinary inspection, permit, scrapie, etc.

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

KS Kan. Admin. Regs. § 9-32-5 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats for slaughter - certificate

of veterinary inspection, identification, etc.

KS Kan. Admin. Regs. § 9-7-14 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - health certificate or certificate of

veterinary inspection, equine infectious anemia testing

KS Kan. Admin. Regs. § 9-7-2 Live Animals Live Animals Importation

Disease/Pest

Prevention

Health certificate required for livestock moved into the state

KS Kan. Admin. Regs. § 9-7-4 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - brucellosis, tuberculosis

KS Kan. Admin. Regs. § 9-7-7 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - certificate of veterinary inspection,

permit, brucellosis, pseudorabies

KS Kan. Admin. Regs. § 9-9-4 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - permit, pullorum-typhoid

KS Kan. Stat. § 47-607 Livestock Livestock Importation

Disease/Pest

Prevention

Unlawful to transport uninspected animals into state - certificates of

health required, rules and regulations of animal health commissioner,

special quarantine

KS Kan. Stat. § 75-3740

Agricultural

Products

Agricultural Products Procurement Market Support Government procurement regulations - preference for in-state

producers

KS Kan. Admin. Regs. § 115-17-2 Fish Fish Prohibition Sustainability Limitations on species that may be sold as commercial fishing bait

KY Ky. Rev. Stat. § 218A.010 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

KY 12 Ky. Admin. Regs. 1:120 Plants Seeds Importation

Disease/Pest

Prevention

Noxious weed seed restrictions

KY 301 Ky. Admin. Regs. 1:125 Fish Fish Reporting

Disease/Pest

Prevention

Aquaculture Import and Disease Reporting of Viral Hemorrhagic

Septicemia

KY 301 Ky. Admin. Regs. 2:081 Live Animals Turtles, Wildlife Importation

Disease/Pest

Prevention

Importation requirements for turtles and other native wildlife

KY 302 Ky. Admin. Regs. 20:020 Livestock Livestock Importation

Disease/Pest

Prevention

Movement Permits and Veterinary Inspection Requirements

KY 302 Ky. Admin. Regs. 20:040 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock - certificate of veterinary

inspection, permits in certain circumstances

KY 302 Ky. Admin. Regs. 20:055 Livestock Livestock Importation

Disease/Pest

Prevention

Importation restrictions - brucellosis

KY 302 Ky. Admin. Regs. 20:250 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian Influenza

KY Ky. Rev. Stat. § 247.6054 Cotton Cotton Importation

Disease/Pest

Prevention

Boll weevil and pink bollworm restrictions

KY Ky. Rev. Stat. § 252.190 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

KY Ky. Rev. Stat. § 252.200 Livestock Bees Importation

Disease/Pest

Prevention

Bee Quarantine Authority

KY Ky. Rev. Stat. § 45A.645

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

LA La. Stat. § 40:989.2 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

LA La. Admin. Code tit. 7, Pt XV, § 123

Fruit,

Forestry/Wood

Products,

Vegetables, Cotton

Citrus Trees, Fruit

Trees, Oak Trees,

Palms, Sweet

Potatoes, Cotton

Importation

Disease/Pest

Prevention

Citrus Greening Disease and the Asian Citrus Psyllid Restrictions;

Phony Peach Disease Restrictions; Oak Wilt Restrictions; Date Palm

and Coconut Palm Lethal Yellowing Restrictions; Sweet Potato Weevil

Restrictions; Boll Weevil and Pink Bollworm Restrictions

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

LA La. Admin. Code tit. 7, Pt XV, § 129 Fruit Peach Trees Importation

Disease/Pest

Prevention

Phony Peach Disease Restrictions

LA La. Admin. Code tit. 7, Pt XV, § 131 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Phytophagous snail restrictions

LA La. Admin. Code tit. 7, Pt XV, § 133 Crops Sweet Potatoes Importation

Disease/Pest

Prevention

Sweet Potato Weevil restrictions

LA La. Admin. Code tit. 7, Pt XV, § 153 Cotton Cotton Importation

Disease/Pest

Prevention

Boll weevil and pink bollworm restrictions

LA La. Admin. Code tit. 7, Pt XV, § 167 Forestry Ash Trees Importation

Disease/Pest

Prevention

Importation Restrictions Related to Emerald Ash Borer

LA La. Admin. Code tit. 7, Pt XV, § 305 Cotton Cotton Importation

Disease/Pest

Prevention

Boll weevil and pink bollworm restrictions

LA La. Admin. Code tit. 7, Pt XV, § 513 Livestock Bees Certification

Disease/Pest

Prevention

Disease Free Certifications for Sale

LA La. Admin. Code tit. 7, Pt XV, § 515 Livestock Bees Importation

Disease/Pest

Prevention

Bee Quarantine Authority

LA La. Admin. Code tit. 7, Pt XV, § 517 Livestock Bees Importation

Disease/Pest

Prevention

Destruction or Treatment of Colonies with American Foulbrood

LA La. Admin. Code tit. 7, Pt XV, §127 Fruit Citrus Trees Importation

Disease/Pest

Prevention

Importing Out-of-State Citrus Budwood - Citrus Greening Disease and

the Asian Citrus Psyllid Restrictions

LA La. Admin. Code tit. 7, Pt XV, §129 Fruit Peach Trees Importation

Disease/Pest

Prevention

Import restrictions - phony peach disease

LA La. Admin. Code tit. 7, Pt XXI, § 1312 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies

LA La. Admin. Code tit. 7, Pt XXI, § 1503 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation restrictions for sheep and goats - scabies

LA La. Admin. Code tit. 7, Pt XXI, § 1717 Live Animals Cervids Importation

Disease/Pest

Prevention

Chronic Wasting Disease Restrictions

LA La. Admin. Code tit. 7, Pt XXI, § 501 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock and poultry - health certificate,

free from signs of disease

LA La. Admin. Code tit. 7, Pt XXI, § 511 Livestock Cattle Importation

Disease/Pest

Prevention

Importation restrictions for cattle - brucellosis

LA La. Admin. Code tit. 7, Pt XXI, § 521 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - Equine Infectious Anemia

LA La. Admin. Code tit. 7, Pt XXI, § 531 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian Influenza

LA La. Admin. Code tit. 7, Pt XXI, § 551 Livestock Sheep Importation

Disease/Pest

Prevention

Importation restrictions for sheep - scabies

LA La. Admin. Code tit. 7, Pt XXI, § 555 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation restrictions for sheep and goats - scabies

LA La. Admin. Code tit. 7, Pt XXI, § 733 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis

LA La. Admin. Code tit. 76, Pt VII, § 1101

Agricultural

Products

Fish, Plants Importation

Disease/Pest

Prevention

Invasive Aquatic Fish, Noxious Weed Restrictions

LA La. Stat. § 38:2251

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

LA La. Stat. § 39:1604

Agricultural

Products

Agricultural Products Procurement Market Support

Preference for all types of products produced, manufactured,

assembled, grown, or harvested in Louisiana; exceptions

MA Mass. Gen. Laws ch. 129 App., § 1-3 Food Eggs, Veal, Pork Prohibition Animal Welfare Sale of products of covered animals confined in cruel manner

MA 321 Mass. Code Regs. 2.15 Live Animals

Fish, Amphibians,

Reptiles, Birds,

Mammals

Importation

Disease/Pest

Prevention

Importation. Liberation and Transportation of Fish. Amphibians.

Reptiles. Birds and Mammals

MA 330 Mass. Code Regs. 11.01 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine

MA 330 Mass. Code Regs. 11.04 Livestock Swine Importation

Disease/Pest

Prevention

Importation of Swine into the Commonwealth of Massachusetts

MA 330 Mass. Code Regs. 4.01 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - tuberculosis, brucellosis, etc.

MA 330 Mass. Code Regs. 4.04 Livestock Cattle Importation

Disease/Pest

Prevention

Importation of Cattle into the Commonwealth of Massachusetts

MA 330 Mass. Code Regs. 9.02 Fruit Black Currant Prohibition

Disease/Pest

Prevention

Black Currant Quarantine

MA 330 Mass. Code Regs. 9.03 Fruit

Currants,

Gooseberries

Prohibition

Disease/Pest

Prevention

Currant and Gooseberry Quarantine

MA Mass. Gen. Laws ch. 128, § 27 Plants Plant Products Importation

Disease/Pest

Prevention

Prohibition on delivery within the commonwealth of infested nursery

stock, fruit and plants

MA Mass. Gen. Laws ch. 128, § 35 Livestock Bees Importation

Disease/Pest

Prevention

Transportation of bees and bee equipment; certificate; inspection; fees

MA Mass. Gen. Laws ch. 129, § 27 Livestock Livestock Importation

Disease/Pest

Prevention

Seizure, quarantine and destruction of imported diseased animals

MA Mass. Gen. Laws ch. 129, § 36D Livestock Livestock Importation

Disease/Pest

Prevention

Importation of vaccinated animals; conditions

MA Mass. Gen. Laws ch. 129, § 39G Pets Dogs, Cats Importation

Disease/Pest

Prevention

Official health certificate requirement for dog or cat brought or shipped

into commonwealth; purchase of animal for resale; vaccination record;

devocalization prohibited

MA Mass. Gen. Laws ch. 129, § 39G Pets Dogs, Cats Importation

Disease/Pest

Prevention

Official health certificate requirement for dog or cat brought or shipped

into commonwealth; purchase of animal for resale; vaccination record;

devocalization prohibited

MA Mass. Gen. Laws ch. 129, § 44 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses and other equidae - testing,

equine infectious anemia, certification

MA Mass. Gen. Laws ch. 7, § 22

Agricultural

Products

Agricultural Products Procurement Market Support

Purchase of supplies and equipment; rules and regulations; duties of

state purchasing agent

MA Mass. Gen. Laws ch. 7, § 23B

Agricultural

Products

Agricultural Products Procurement Market Support

Preference for products grown in or produced from products grown in

commonwealth

MA Mass. Gen. Laws ch. 128, § 20A Plants Aquatic Plants Importation Sustainability Floating Water Chestnut Restrictions

MD Md. Code, Com. Law § 14-3602 Food Food Labeling

Consumer

Protection

Halal food labeling regulations

MD Md. Code, Com. Law § 14-904 Food Food Labeling

Consumer

Protection

Kosher food labeling regulations

MD Md. Code, Com. Law § 14-905

Agricultural

Products

Mezuzah, Tefillin Labeling

Consumer

Protection

Kosher labeling regulations for mezuzah and tefillin

MD Md. Code Regs. 08.03.09.12 Live Animals Cervids Importation

Disease/Pest

Prevention

Prohibition on importing/exporting live cervids

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

MD Md. Code Regs. 15.06.02.12 Plants Plants Sale

Disease/Pest

Prevention

Authority to stop sale of infested plants, plant pests

MD Md. Code Regs. 15.06.02.14 Insects Insects Importation

Disease/Pest

Prevention

Permit requirements for importation of live insects, plant disease

agents, and pests

MD Md. Code Regs. 15.11.01.01 Livestock Livestock Importation

Disease/Pest

Prevention

Import restrictions and requirements

MD Md. Code Regs. 15.11.01.04 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis, brucellosis, and health certificate requirements

MD Md. Code Regs. 15.11.01.05 Livestock Equines Importation

Disease/Pest

Prevention

Equine infectious anemia and health certificate requirements

MD Md. Code Regs. 15.11.01.06 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats - tuberculosis, brucellosis, and

health certificate requirements

MD Md. Code Regs. 15.11.01.07 Livestock Sheep Importation

Disease/Pest

Prevention

Importation restrictions for sheep - scabies, contagious ecthyma, foot

rot, and health certificate requirements

MD Md. Code Regs. 15.11.05.02 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies, hog cholera, and

marking requirements

MD Md. Code Regs. 15.11.12.03 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - Equine Infectious Anemia

MD Md. Code Regs. 15.11.18.04 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation restrictions for sheep and goats - scabies, certification on

veterinary inspection requirements

MD Md. Code, Agri. § 3-106 Livestock Livestock Importation

Disease/Pest

Prevention

Authority to prohibit livestock imports and/or quarantine

MD Md. Code, Agri. § 5-505 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

MD Md. Code Regs. 21.05.01.04

Agricultural

Products

Agricultural Products Procurement Market Support Allowance of procurement preference for resident businesses

Md. Code, State Fin. and Proc. § 14-

407

Agricultural

Products

Agricultural Products Procurement Market Support Procurement preferences for food grown in-state for schools

ME 01 001 Me. Code R. 206, § 4 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Importation restrictions for cattle and bison - brucellosis, tuberculosis,

bluetongue

ME Me. Stat. tit. 12, § 8305 Nursery Stock

Ribes Plants,

Nursery Stock

Importation

Disease/Pest

Prevention

Director may prohibit, prevent or regulate the entry into or movement

within the State of any plants of the genus Ribes or other nursery or

wilding plants that may cause the introduction or spread of a

dangerous forest insect or disease

ME Me. Stat. tit. 7, § 2751 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

ME Me. Stat. tit. 7, § 2753 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

ME 01 001 Me. Code R. 331 § 3-2 Food Shellfish Sourcing Food Safety Shellfish sourcing requirements

ME Me. Stat. tit. 5, § 1825-B

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

ME Me. Stat. tit. 12, § 6421 Fish Fish Licensing Sustainability Fishing Licensing and Regulation

ME Me. Stat. tit. 12, § 6436 Fish Fish Prohibition Sustainability Egg-bearing lobsters

ME Me. Stat. tit. 12, § 6440 Fish Fish Prohibition Sustainability Closed periods for raising or hauling lobster traps

MI Mich. Comp. Laws § 333.7212 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

MI Mich. Admin. Code r. 287.712 Livestock Cattle Importation

Disease/Pest

Prevention

Importation restrictions for cattle - brucellosis, tuberculosis

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

MI Mich. Comp. Laws § 287.719 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock - tuberculosis, brucellosis,

Chronic Wasting Disease

MI Mich. Comp. Laws § 287.720 Livestock Livestock Importation

Disease/Pest

Prevention

Requirements for interstate health certificates

MI Mich. Comp. Laws § 287.731 Live Animals Live Animals Importation

Disease/Pest

Prevention

Prohibition on importing certain species

MI Mich. Comp. Laws § 287.837 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies, brucellosis

MI Mich. Comp. Laws § 287.839 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies, brucellosis

MI Mich. Comp. Laws § 324.48735 Fish Fish Importation

Disease/Pest

Prevention

Permitting requirements for importation

MI Mich. Comp. Laws § 18.1261

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

MN Minn. R. 1510.2320 Crops Potatoes Quality Standards

Consumer

Protection

Certification of seed potatoes grown outside of Minnesota

MN Minn. Stat. § 152.027 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

MN Minn. R. 1721.0040 Livestock Livestock Importation

Disease/Pest

Prevention

Certificate of veterinary inspection requirements

MN Minn. R. 1721.0050 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock and poultry - certificate of

veterinary inspection and free from signs of disease or quarantine

MN Minn. R. 1721.0130 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - identification, certificate of

veterinary inspection, tuberculosis test, permit

MN Minn. R. 1721.0165 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine tuberculosis testing regulations

MN Minn. R. 1721.0190 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - identification and certificate of

veterinary inspection, importing of feral swine prohibited

MN Minn. R. 1721.0240 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - certificate of veterinary

inspection, equine infectious anemia testing

MN Minn. R. 1721.0280 Livestock

Poultry, Hatching

Eggs, Ratites

Importation

Disease/Pest

Prevention

Importation requirements for hatching eggs, poultry, and ratites -

permit, certificate of veterinary inspection, sanitation monitoring at

origin Turkey hatchery

MN Minn. R. 1721.0400 Livestock Cervids Importation

Disease/Pest

Prevention

Importation requirements for farmed cervids - permit, certificate of

veterinary inspection, chronic wasting disease restrictions

MN Minn. R. 1721.0450 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - identification, certificate

of veterinary inspection, permit for some, prohibition on scrapie-

exposed or infected animals

MN Minn. R. 6216.0265 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Importation restrictions for prohibited and regulated invasive plant

species - permit required

MN Minn. Stat. § 17.4985 Fish Aquatic Life Importation

Disease/Pest

Prevention

Importation requirements for livestock aquatic life including fish and

shellfish - bill of lading or transportation permit, exceptions

MN Minn. Stat. § 17.4986 Fish Fish Importation

Disease/Pest

Prevention

Importation requirements for fish and stock fish - transportation permit,

disease-free history, emergency enzootic disease areas

MN Minn. Stat. § 18.82 Plants Plants Prohibition

Disease/Pest

Prevention

Prohibition on transportation of noxious weed propagating parts

without a permit

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

MN Minn. Stat. § 18G.06 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Authority to impose a quarantine restricting or regulating the

production, movement, or existence of plants, plant products,

agricultural commodities, crop seed, farm products, or other articles or

materials - Pest prevention

MN Minn. Stat. § 21.84 Seeds Seeds Recordkeeping

Disease/Pest

Prevention

Recordkeeping requirements for labelers of seeds

MN Minn. R. 4626.0155 Food Mushrooms Quality Standards Food Safety

Sourcing requirements for wild mushrooms - inspection, certified

mushroom harvester, buyer specification

MN Minn. Stat. § 16C.06

Agricultural

Products

Agricultural Products Procurement Market Support Government procurement regulations - in-state vendor preference

MO Mo. Code Regs. tit.19, § 30-1.002 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

MO Mo. Code Regs. tit.2, § 30-2.005 Livestock Hoofed Animals Importation

Disease/Pest

Prevention

Vesicular stomatitis restrictions on domestic and exotic ungulates

(hoofed animals) entering state

MO Mo. Code Regs. tit.2, § 30-2.010 Live Animals

Livestock, Exotic

Animals

Importation

Disease/Pest

Prevention

Health requirements governing the admission of livestock, poultry, and

exotic animals entering state

MO Mo. Code Regs. tit.2, § 30-2.016 Livestock Rabbits Importation

Disease/Pest

Prevention

Rabbit hemorrhagic disease import restrictions on rabbits and hares

entering state

MO Mo. Code Regs. tit.2, § 30-2.040 Livestock Livestock Importation

Disease/Pest

Prevention

Animal health requirements for exhibition

MO Mo. Code Regs. tit.2, § 30-8.010 Livestock Poultry Importation

Disease/Pest

Prevention

Requirements for the eradication of pullorum disease and fowl typhoid

in poultry

MO Mo. Code Regs. tit.2, § 70-11.040 Rice Rice Importation

Disease/Pest

Prevention

Bakanae Disease Restrictions

MO Mo. Code Regs. tit.2, § 70-11.060 Nuts Walnuts Importation

Disease/Pest

Prevention

Thousand Cankers Disease Restrictions

MO Mo. Code Regs. tit.2, § 70-13.025 Cotton Cotton Importation

Disease/Pest

Prevention

Boll weevil and pink bollworm restrictions

MO Mo. Code Regs. tit.2, § 70-45.005 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

MO Mo. Code Regs. tit.3, § 10-9.110 Aquaculture Fish Reporting

Disease/Pest

Prevention

Aquaculture Import and Disease Reporting

MO Mo. Rev. Stat. § 264.061 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

MO Mo. Rev. Stat. § 264.063 Livestock Bees Importation

Disease/Pest

Prevention

Bee Quarantine Authority

MO Mo. Rev. Stat. § 34.070

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

MS Miss. Code R. § 2-1-4-02-101 Fish Catfish Importation

Consumer

Protection

Labeling requirements for Catfish products

MS Miss. Code R. § 2-1-4-03-101 Fish Tilapia Importation

Consumer

Protection

Labeling requirements for Tilapia products

MS Miss. Code § 41-29-113 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

MS Miss. Code § 49-7-54 Live Animals Cervids Importation

Disease/Pest

Prevention

Prohibition on importation of live white-tailed deer

MS Miss. Code § 49-7-58 Live Animals Cervids Importation

Disease/Pest

Prevention

Temporary moratorium on importation of elk, red deer, mule deer,

black-tailed deer and other cervids designated as susceptible to

chronic wasting disease

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

MS Miss. Code § 69-25-101 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees - certificate of inspection

MS Miss. Code § 69-25-23 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Infected localities outside of state - shipments from prohibited

MS Miss. Code § 69-37-25 Cotton Cotton Importation

Disease/Pest

Prevention

Quarantine and control of movement of articles from infested areas in

other states - Boll Weevil

MS Miss. Code § 75-39-7 Livestock Chicks Importation

Disease/Pest

Prevention

Labeling of containers of live baby chicks offered for sale

MS Miss. Code § 75-40-109 Live Animals Birds Recordkeeping

Disease/Pest

Prevention

Record requirements for exotic and pet bird dealers - reports,

inspection of records

MS Miss. Code R. § 2-1-3-01-121 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Restrictions on importation of plants and plant product - prohibition on

importation of products likely to introduce injurious insect pests, or

diseases

MS Miss. Code R. § 2-1-3-01-122 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Special permit process for importation of prohibited plants

MS Miss. Code R. § 2-1-3-01-125 Crops Sweet Potatoes Importation

Disease/Pest

Prevention

Sweet potato importation regulations - permit certificate tags

MS Miss. Code R. § 2-1-3-01-133 Nursery Stock Nursery Stock, Plants Importation

Disease/Pest

Prevention

Import restrictions on nursery stock and other plants - European brown

garden snail

MS Miss. Code R. § 2-1-3-01-137 Forestry Trees Importation

Disease/Pest

Prevention

Fumigation and certification of shipments of pine and hardwood

seedlings

MS Miss. Code R. § 2-1-3-01-140 Rice Rice Importation

Disease/Pest

Prevention

Prohibition on importation of certain rice plants, products, and

equipment from certain areas - Bakanae disease

MS Miss. Code R. § 2-1-3-06-103 Livestock Bees Importation

Disease/Pest

Prevention

Interstate movement of nucs or colonies or used beekeeping

equipment - bee import restrictions

MS Miss. Code R. § 2-1-3-06-104 Livestock Bees Importation

Disease/Pest

Prevention

Certificate of inspection standards - disease-free bee import

requirements

MS Miss. Code R. § 2-101-2-06-104 Live Animals Cervids Importation

Disease/Pest

Prevention

Import permit required for cervids - Chronic wasting disease

MS Miss. Code R. § 2-101-2-12 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for animals - valid certificates of veterinary

inspection required for all animals except livestock and poultry moving

directly to slaughter, other exceptions

MS Miss. Code R. § 2-101-2-12-105 Livestock Cattle Importation

Disease/Pest

Prevention

Cattle import requirements - Brucellosis, Tuberculosis, Trichomoniasis,

etc.

MS Miss. Code R. § 2-101-2-12-106 Livestock Equines Importation

Disease/Pest

Prevention

Equine import requirements - health certificate, Equine Infectious

Anemia

MS Miss. Code R. § 2-101-2-12-107 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - health certificate and permit,

Brucellosis, pseudorabies, etc.

MS Miss. Code R. § 2-101-2-12-108 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Sheep and goat import requirements - certificate of inspection, testing

requirements, scabies, tuberculosis, brucellosis, etc.

MS Miss. Code R. § 2-101-2-12-112 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian Influenza, Pullorum-

typhoid, Mycoplasma gallisepticum, Mycoplasma synoviae, etc.

MS Miss. Code R. § 2-101-2-12-114 Livestock Exotic Livestock Importation

Disease/Pest

Prevention

Importation requirements for bison and exotic livestock including

camelids and cervids - permit and inspection certificate

MS Miss. Code R. § 2-101-2-121 Livestock Livestock Importation

Disease/Pest

Prevention

Emergency vesicular stomatitis entry regulation - prohibition on

importation of hooved animals quarantined for vesicular stomatitis

MS Miss. Code R. § 2-101-2-21 Livestock Livestock Importation

Disease/Pest

Prevention

Quarantines and stand-still orders - authority to restrict entry of livestock

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

MS Miss. Code R. § 22-1-12-100 Food Shellfish Labeling Food Safety

Prohbiting sale of adulterated, misbranded, or unlabeled shellfish and

products

MS Miss. Code § 31-5-23

Agricultural

Products

Agricultural Products Procurement Market Support

Government procurement regulations - preference for products grown

in state

MS Miss. Code § 31-7-15

Agricultural

Products

Agricultural Products Procurement Market Support

Government procurement regulations - preference for commodities

grown in state

MS Miss. Code § 49-15-55 Fish Oysters Prohibition Sustainability Sale or possession of illegal oysters prohibited

MS Miss. Code § 49-7-51 Live Animals Wildlife Prohibition Sustainability Prohibition on sale of certain game animals, birds, and fish

MS Miss. Code § 49-7-87 Fish Fish Prohibition Sustainability Prohibition on sale of certain game fish

MT Mont. Code § 50-32-222 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

MT Mont. Admin. R. 12.7.502 Aquaculture Fish Importation

Disease/Pest

Prevention

List of designated fisheries pathogens - importation request may be

delayed while the department determines the risk of a new pathogen

MT Mont. Admin. R. 12.7.505 Aquaculture Fish Importation

Disease/Pest

Prevention

Import permit must be obtained prior to any importation of fish or eggs -

live fish exhibiting clinical signs of a disease may not be imported into

Montana

MT Mont. Admin. R. 32.3.1303 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - identification required

for some imported animals

MT Mont. Admin. R. 32.3.202 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for animals, animal semen, and animal

biologics - certificate of veterinary inspection or other approved

documentation, permit, documentation during transportation

MT Mont. Admin. R. 32.3.206 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for animals - documentation requirements

MT Mont. Admin. R. 32.3.212A Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - Brucellosis vaccination of imported

cattle under four months of age

MT Mont. Admin. R. 32.3.216 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - official certificate of veterinary

inspection, equine infectious anemia test, etc.

MT Mont. Admin. R. 32.3.217 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry and hatching eggs - health

certificate or VS Form 9-3, import permit, Pullorum testing, new or clean

shipping crates for eggs

MT Mont. Admin. R. 32.3.219 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - official health certificate, permit,

pseudorabies, brucellosis, garbage as feed ban

MT Mont. Admin. R. 32.3.220 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for bovine, ovine, porcine, elk semen -

negative test for enumerated diseases

MT Mont. Admin. R. 32.3.226 Livestock Ratites Importation

Disease/Pest

Prevention

Importation requirements for ostriches and other ratites - veterinary

inspection certificate, import permit, disease testing

MT Mont. Admin. R. 32.3.314 Livestock Swine Importation

Disease/Pest

Prevention

Movement of swine through licensed livestock markets and other

concentration points - identification requirements

MT Mont. Admin. R. 32.4.1309 Live Animals Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - authority to deny entry, chronic

wasting disease

MT Mont. Admin. R. 32.4.403 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for gametes and embryos from animals - bill

of sale, health certificate, importation permit where applicable

MT Mont. Admin. R. 32.4.502 Live Animals Cervids Importation

Disease/Pest

Prevention

Importation restricted or prohibited for certain alternative livestock

including reindeer, white-tailed deer

MT Mont. Admin. R. 4.12.106 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees - permit required to bring into

Montana used beekeeping equipment, including nucs, feed honey,

and refuse for rendering

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

MT Mont. Admin. R. 4.12.3004 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions - seed screenings originating outside of

Montana shall be conditioned to destroy the viability of all prohibited

noxious weed seeds defined by state law prior to transport through the

state or be transported in a tightly sealed container that will not allow

the loss of the weed seeds

MT Mont. Code § 80-6-202 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees - pest-free and disease-free

certification required

MT Mont. Code § 80-6-203 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees in packages or queen cages -

certificate of health issued by the official inspector of the state or

country from which they came required

MT Mont. Code § 87-3-210 Aquaculture Salmon Importation

Disease/Pest

Prevention

Importation of salmonid fish or eggs unlawful - exception, certification,

permit

MT Mont. Code § 18-1-102

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

NC 2 N.C. Admin. Code 48C.0127 Plants Seeds Labeling

Consumer

Protection

Labeling requirements for seeds treated with harmful or toxic

substances

NC N.C. Gen. Stat. § 14-401.23 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

NC 15A N.C. Admin. Code 10B.0101 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation requirements for certain wild or domestically raised

animals - permit, certificate, label

NC 2 N.C. Admin. Code 48A.0246 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees - permits, certain species and

products prohibited

NC 2 N.C. Admin. Code 48A.0258 Livestock Bees Importation

Disease/Pest

Prevention

Authority to quarantine bees outside of state when introduction in-state

would present a hazard

NC 2 N.C. Admin. Code 48A.0263 Livestock Bees Licensing

Disease/Pest

Prevention

Permit requirements to sell bees, quarantine compliance

NC 2 N.C. Admin. Code 48A.0903 Crops Sweet Potatoes Importation

Disease/Pest

Prevention

Prohibition on movement of sweet potato weevils or infested sweet

potatoes or vines

NC 2 N.C. Admin. Code 48A.1504 Forestry

Trees, Shrubs, Other

Products

Importation

Disease/Pest

Prevention

Importation requirements for trees and shrubs with roots, plant

conveyances - certificate or permit, gypsy moth

NC 2 N.C. Admin. Code 48A.1704 Plants

Plants, Soil, Nursery

Stock

Importation

Disease/Pest

Prevention

Regulation of certain articles including soil, soil amendments, nursery

stock, used equipment to prevent noxious weeds

NC 2 N.C. Admin. Code 48A.1705 Plants

Plants, Soil, Nursery

Stock

Importation

Disease/Pest

Prevention

Conditions governing the movement of regulated articles to prevent

noxious weeds

NC 2 N.C. Admin. Code 52B.0201 Livestock Livestock Importation

Disease/Pest

Prevention

Prohibition on importation of any animal exposed to disease or under

quarantine, health certificate and permit requirements for importing

livestock

NC 2 N.C. Admin. Code 52B.0204 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - health certificate, permit,

brucellosis, cattle fever tick, scabies

NC 2 N.C. Admin. Code 52B.0206 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - health certificate, stallion permit,

equine infectious anemia

NC 2 N.C. Admin. Code 52B.0207 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - certificate of veterinary inspection,

identification, brucellosis, pseudorabies

NC 2 N.C. Admin. Code 52B.0209 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - health certificate,

identification, scrapie

NC 2 N.C. Admin. Code 52B.0406 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - equine infectious anemia testing

NC 2 N.C. Admin. Code 52B.0603 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - certificate or label, pullorum-

typhoid, avian influenza

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

NC N.C. Gen. Stat. § 106-549.84 Livestock Livestock Importation

Disease/Pest

Prevention

Prohibition on importation of livestock under quarantine

NC N.C. Gen. Stat. § 106-65.78 Cotton Cotton Importation

Disease/Pest

Prevention

Penalties for importing certain articles infested with boll weevils

NC N.C. Gen. Stat. § 143-59

Agricultural

Products

Agricultural Products Procurement Market Support

Government procurement - preference given to in state products and

citizens, and articles manufactured by State agencies

ND N.D. Cent. Code § 19-03.1-05 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

ND N.D. Admin. Code 30-03-02-06 Fish Fish Importation

Disease/Pest

Prevention

Fish stock import permit and disease certification

ND N.D. Admin. Code 48.1-04-01-01 Livestock Bison Importation

Disease/Pest

Prevention

Importation requirements for Bison - certificate of veterinary inspection

ND N.D. Admin. Code 48.1-04-01-02 Livestock Bison Importation

Disease/Pest

Prevention

Importation requirements for bison - disease testing, brucellosis,

scabies, Trichomonas foetus, tuberculosis

ND N.D. Admin. Code 48.1-05-01-01 Livestock Cattle Importation

Disease/Pest

Prevention

Cattle importation requirements - Certificate of veterinary inspection

ND N.D. Admin. Code 48.1-05-01-02 Livestock Cattle Importation

Disease/Pest

Prevention

Cattle importation disease testing requirements - Brucellosis, Scabies,

Trichomonas foetus, and Tuberculosis

ND N.D. Admin. Code 48.1-06-01-01 Livestock Horses Importation

Disease/Pest

Prevention

Horse importation requirements - Certificate of veterinary inspection

ND N.D. Admin. Code 48.1-06-01-02 Livestock Horses Importation

Disease/Pest

Prevention

Horse importation disease testing requirements - Equine infectious

anemia

ND N.D. Admin. Code 48.1-07-02-01 Livestock Elk Importation

Disease/Pest

Prevention

Elk importation requirements

ND N.D. Admin. Code 48.1-07-02-02 Livestock Elk Importation

Disease/Pest

Prevention

Elk genetic purity requirements for interstate and intrastate movement

ND N.D. Admin. Code 48.1-07-03-01 Livestock Elk Importation

Disease/Pest

Prevention

Elk importation disease testing requirements - Brucellosis, Chronic

wasting disease, Paratuberculosis (Johne's disease), and Tuberculosis

ND N.D. Admin. Code 48.1-08-01-02 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats - Certificate of veterinary inspection

ND N.D. Admin. Code 48.1-08-01-03 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats - disease testing, Brucellosis,

Scrapie, and Tuberculosis

ND N.D. Admin. Code 48.1-09-02-01 Livestock

Nontraditional

Livestock

Importation

Disease/Pest

Prevention

Importation requirements for certain nontraditional livestock species

ND N.D. Admin. Code 48.1-09-03-01 Livestock

Nontraditional

Livestock

Importation

Disease/Pest

Prevention

Importation disease testing requirements for nontraditional livestock

ND N.D. Admin. Code 48.1-09-06-01 Livestock

Nontraditional

Livestock

Importation

Disease/Pest

Prevention

Importation requirements for certain large, dangerous, and/or hybrid

wild animal species, including disease prevention measures

ND N.D. Admin. Code 48.1-10-01-01 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Certificate of veterinary inspection

ND N.D. Admin. Code 48.1-10-01-03 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Pullorum-typhoid disease

ND N.D. Admin. Code 48.1-11-01-02 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - certificate of veterinary inspection

ND N.D. Admin. Code 48.1-11-01-03 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - disease testing, Brucella ovis,

Scrapie

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

ND N.D. Admin. Code 48.1-12-01-02 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - Certificate of veterinary inspection

ND N.D. Admin. Code 48.1-12-01-03 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - disease testing, Brucellosis,

Pseudorabies

ND N.D. Admin. Code 48.1-13-02-01 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation requirements - Certificate of veterinary inspection for other

animals, including domesticated wild animals, game animals

ND N.D. Cent. Code § 36-14-04.1 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock

ND N.D. Cent. Code § 44-08-01

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

NE Neb. Rev. Stat. § 28-405 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

NE 163 Neb. Admin. Code, ch. 2, § 001 Fish Fish Licensing

Disease/Pest

Prevention

Commercial put and take fisheries regulations

NE 163 Neb. Admin. Code, ch. 2, § 001.07 Fish Fish Importation

Disease/Pest

Prevention

Importation requirements for fish - unlawful to import any live fish

without being inspected and found free of Viral Hemorrhagic

Septicemia (VHS) and Spring Viremia of Carp (SVCV), largemouth

bass shall have been inspected and found free of Largemouth Bass

Virus (LMBV) and live yellow perch shall have been inspected and

found free of Heterosporis

NE 163 Neb. Admin. Code, ch. 2, § 002 Fish Fish Importation

Disease/Pest

Prevention

Non-resident fish dealers and exportation, importation and possession

regulations

NE 163 Neb. Admin. Code, ch. 2, § 005 Aquaculture Fish Reporting

Disease/Pest

Prevention

Aquaculture Import and Disease Reporting

NE 23 Neb. Admin. Code, ch. 11, § 009 Livestock Livestock Importation

Disease/Pest

Prevention

Importation restrictions for livestock - scabies

NE 25 Neb. Admin. Code, ch. 10, § 001 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

NE Neb. Rev. Stat. § 2-10,106 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Importation requirements for nursery stock - labeling requirement

NE Neb. Rev. Stat. § 81-2,170 Livestock Bees Importation

Disease/Pest

Prevention

Bee Quarantine Authority

NE 9 Neb. Admin. Code, ch. 4, § 003

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

NE 92 Neb. Admin. Code, ch. 72, § 004

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

NE 163 Neb. Admin. Code, ch. 2, § 012 Plants Aquatic Plants Importation Sustainability Import restrictions on certain invasive aquatic plant species

NH N.H. Code Admin. R. Agr. 1601.02 Livestock Poultry Importation

Disease/Pest

Prevention

Interstate Movement Permit and Certificate of Veterinary Inspection

NH N.H. Code Admin. R. Agr. 1603.01 Livestock Poultry Importation

Disease/Pest

Prevention

License for transportation of live poultry for food

NH N.H. Code Admin. R. Agr. 1806.01 Livestock Bees Importation

Disease/Pest

Prevention

Bee Transportation Requirements

NH N.H. Code Admin. R. Agr. 2103.01 Live Animals Domestic Animals Importation

Disease/Pest

Prevention

No known infected or exposed animals to contagious disease

NH N.H. Code Admin. R. Agr. 2103.03 Livestock Livestock Importation

Disease/Pest

Prevention

Permits for animal importation and entry - Poultry, Swine, Buffalo,

Cervidae, Ratites

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

NH N.H. Code Admin. R. Agr. 2103.04 Livestock Livestock Importation

Disease/Pest

Prevention

Certificate of veterinary inspection

NH N.H. Code Admin. R. Agr. 2104.01 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Importation restrictions for cattle and bison - brucellosis

NH N.H. Code Admin. R. Agr. 2104.02 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis

NH N.H. Code Admin. R. Agr. 2108.02 Livestock Goats Importation

Disease/Pest

Prevention

Importation restrictions for goats - scabies

NH N.H. Code Admin. R. Agr. 2110.01 Livestock Swine Importation

Disease/Pest

Prevention

Permit and certificate of veterinary inspection required for entry

NH N.H. Code Admin. R. Agr. 2110.03 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies

NH N.H. Code Admin. R. Agr. 2113.02 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - Equine Infectious

AnemiaEquine Infectious Anemia

NH N.H. Code Admin. R. Agr. 2114.01 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - VS Form 9-3 for under 20 weeks,

permit and certificate of veterinary inspection for over 20 weeks

NH N.H. Code Admin. R. Agr. 2116.02 Livestock Cervids Importation

Disease/Pest

Prevention

Chronic Wasting Disease Restrictions

NH N.H. Code Admin. R. Agr. 3802.01 Plants Plants, Plant

Products

Prohibition

Disease/Pest

Prevention

Prohibited invasive species - importation restrictions

NH N.H. Code Admin. R. Fis. 309.01 Livestock Cervids Importation

Disease/Pest

Prevention

Chronic Wasting Disease Restrictions

NH N.H. Code Admin. R. Fis. 502.07 Fish Finfish Prohibition

Disease/Pest

Prevention

Importation requirements for fin fish for bait - must be licensed dealer

with import permit

NH N.H. Code Admin. R. Fis. 803.06 Live Animals Snakes and Turtles Importation

Disease/Pest

Prevention

Importation requirements for snakes and turtles

NH N.H. Code Admin. R. Fis. 803.09 Fish Fish Importation

Disease/Pest

Prevention

Diseased Fish

NH N.H. Rev. Stat. § 429:7 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees and Certification

NH N.H. Code Admin. R. Env-Wq. 1303.02 Plants Aquatic Plants Importation Sustainability Hydrilla Restrictions

NJ N.J. Rev. Stat. § 56:8-103 Food Food Labeling

Consumer

Protection

Halal food labeling requirements

NJ N.J. Rev. Stat. § 56:8-66 Food Food Labeling

Consumer

Protection

Kosher food labeling requirements

NJ N.J. Admin. Code § 2:20–2.2 Forestry

Currant Plants,

Gooseberry Plants,

Five-Needled Pines

Importation

Disease/Pest

Prevention

Import restrictions to prevent the spread of white pine blister rust

NJ N.J. Admin. Code § 2:20–6.1 Crops Grains Importation

Disease/Pest

Prevention

Khapra Beetle restrictions - harboring or importation of the Khapra

Beetle prohibited, means of conveyance subject to control measures

NJ N.J. Admin. Code § 2:3–1.2 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation requirements for animals - interstate health certificate to

accompany animals entering State

NJ N.J. Admin. Code § 2:3–1.3 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock and poultry imported for

slaughter

NJ N.J. Admin. Code § 2:3–1.4 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements - contents of Certificate of Veterinary

Inspection

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

NJ N.J. Admin. Code § 2:3–1.8 Livestock Livestock Importation

Disease/Pest

Prevention

Prohibition on importing diseased livestock and poultry - livestock and

poultry from herds or flocks under quarantine because of any

infectious, contagious and/or communicable disease, or livestock or

poultry currently classified as suspect because of any infectious,

contagious and/or communicable disease shall not be imported into

the State

NJ N.J. Admin. Code § 2:3–2.4 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - tuberculosis test for imported cattle

NJ N.J. Admin. Code § 2:3–2.8 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - brucellosis test for imported cattle

NJ N.J. Admin. Code § 2:3–3.3 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - brucellosis testing

NJ N.J. Admin. Code § 2:3–3.4 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies testing

NJ N.J. Admin. Code § 2:3–4.2 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - Bluetongue testing

NJ N.J. Admin. Code § 2:3–5.4 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements goats - tuberculosis test for imported goats

NJ N.J. Admin. Code § 2:3–6.2 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for equines - equine infectious anemia testing

NJ N.J. Admin. Code § 2:3–7.4 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry and hatching eggs - avian

influenza testing, permit or certificate of veterinary inspection

requirements

NJ N.J. Admin. Code § 2:3–8.6 Live Animals Cervids Importation

Disease/Pest

Prevention

Importation requirements for captive cervids - Chronic Wasting Disease

NJ N.J. Admin. Code § 2:3–9.3 Livestock Llamas, Alpacas Importation

Disease/Pest

Prevention

Importation requirements for llamas and alpacas - tuberculosis testing

NJ N.J. Admin. Code § 2:3–9.4 Livestock Llamas, Alpacas Importation

Disease/Pest

Prevention

Importation requirements for llamas and alpacas - brucellosis testing

NJ N.J. Rev. Stat. § 4:6-15 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees - certificate of inspection required

NJ N.J. Rev. Stat. § 52:32-1.4

Agricultural

Products

Agricultural Products Procurement Market Support

Regulation of government procurement of agricultural products -

reciprocity of disadvantaging conditions

NJ N.J. Rev. Stat. § 52:32-45

Agricultural

Products

Agricultural Products Procurement Market Support

Regulation of government procurement of agricultural products -

preference in State contracts for purchase of wood or paper products

derived from sustainably managed forests or procurement systems

NM N.M. Code R. § 19.35.7 Live Animals

Non-Domesticated

Animals

Importation

Disease/Pest

Prevention

Regulation of imporation of live non-domesticated animals

NM N.M. Code R. § 21.17.28 Nuts

Pecans, Other Nut

Trees

Importation

Disease/Pest

Prevention

Pecan Weevil Restrictions

NM N.M. Code R. § 21.17.42 Cotton Cotton Importation

Disease/Pest

Prevention

Boll weevil and pink bollworm restrictions

NM N.M. Code R. § 21.30.7.11 Livestock Horses Importation

Disease/Pest

Prevention

Importation of Stallions

NM N.M. Code R. § 21.30.7.13 Livestock Horses Importation

Disease/Pest

Prevention

Importation of Equine Semen and Embryo

NM N.M. Code R. § 21.32.4.10 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Importation requirements for cattle and bison - tuberculosis

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

NM N.M. Code R. § 21.32.4.12 Livestock Sheep, Goats Inspection

Disease/Pest

Prevention

Import requirements for sheep and goats

NM N.M. Code R. § 21.32.4.13 Livestock Equines Importation

Disease/Pest

Prevention

Import requirements for equidae

NM N.M. Code R. § 21.32.4.14 Livestock Swine Importation

Disease/Pest

Prevention

Import requirements for swine

NM N.M. Code R. § 21.32.4.15 Livestock Cattle Importation

Disease/Pest

Prevention

Importation restrictions for cattle - scabies

NM N.M. Code R. § 21.32.4.17 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - Scrapie

NM N.M. Code R. § 21.32.4.8 Livestock Cattle Importation

Disease/Pest

Prevention

Import regulations for cattle including bison

NM N.M. Code R. § 21.32.4.9 Livestock Cattle Importation

Disease/Pest

Prevention

Brucellosis test requirement for cattle and bison

NM N.M. Stat. § 76-9-11 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

NM N.M. Stat. § 77-5-4 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis

NM N.M. Code R. § 7.6.2.8 Food Shellfish Sourcing Food Safety Shellfish sourcing requirements

NM N.M. Stat. § 13-1-21

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

NV Nev. Admin. Code § 441A.475 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements

NV Nev. Admin. Code § 571.030 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - certificate of veterinary

inspection, Equine Infectious Anemia testing

NV Nev. Admin. Code § 571.050 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies

NV Nev. Admin. Code § 571.060 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation restrictions for sheep and goats - scabies

NV Nev. Admin. Code § 571.095 Livestock Livestock Importation

Disease/Pest

Prevention

Transportation of livestock - stops for inspection, possession of health

certificates, sanitation

NV Nev. Rev. Stat. § 552.212 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

NV Nev. Rev. Stat. § 571.210 Live Animals Cervids Importation

Disease/Pest

Prevention

Importation of cervids - chronic wasting disease

NV Nev. Admin. Code § 446.129 Food Mushrooms Licensing Food Safety Wild mushroom sourcing requirements

NY N.Y. Agric. & Mkts. Law § 199-e Food Food Prohibition

Consumer

Protection

Sale of irradiated food prohibited - exceptions

NY N.Y. Agric. & Mkts. Law § 201-a Food Food Labeling

Consumer

Protection

Kosher food labeling, certifying, and recordkeeping regulations

NY N.Y. Agric. & Mkts. Law § 201-e Food Food Labeling

Consumer

Protection

Halal food labeling, certifying, and recordkeeping regulations

N.Y. Comp. Codes R. & Regs. tit. 6, §

575.3

Plants Plants, Bees, Fish Importation

Consumer

Protection

Importation of listed invasive species prohibited - plants, insects, fish

NY N.Y. Agric. & Mkts. Law § 173-C Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

N.Y. Comp. Codes R. & Regs. tit. 1, §

127.5

Crops Potatoes Importation

Disease/Pest

Prevention

Golden nematodes restrictions

N.Y. Comp. Codes R. & Regs. tit. 1, §

132.1

Crops Vegetables Importation

Disease/Pest

Prevention

Vegetable plant quarantine order

N.Y. Comp. Codes R. & Regs. tit. 1, §

133.4

Crops Vegetables Importation

Disease/Pest

Prevention

Certification of vegetable plants required for importation

N.Y. Comp. Codes R. & Regs. tit. 1, §

138.1

Fruit Grapes Importation

Disease/Pest

Prevention

Grape root stock and grape wood importation - statement of freedom

from viruses

N.Y. Comp. Codes R. & Regs. tit. 1, §

45.2

Livestock Poultry Importation

Disease/Pest

Prevention

Transportation requirements for importation of poultry - Avian Influenza

N.Y. Comp. Codes R. & Regs. tit. 1, §

45.6

Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian influenza control measures

N.Y. Comp. Codes R. & Regs. tit. 1, §

53.2

Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - Veterinary inspection certificate,

shipper statement

N.Y. Comp. Codes R. & Regs. tit. 1, §

53.3

Livestock Cattle Importation

Disease/Pest

Prevention

Importation of cattle to a specifically approved stockyard or a

recognized slaughtering establishment

N.Y. Comp. Codes R. & Regs. tit. 1, §

53.4

Livestock Cattle Importation

Disease/Pest

Prevention

Importation of cattle to be fed for slaughter

N.Y. Comp. Codes R. & Regs. tit. 1, §

53.5

Livestock Cattle Importation

Disease/Pest

Prevention

Importation of cattle for any purpose other than immediate slaughter or

feeding for slaughter

N.Y. Comp. Codes R. & Regs. tit. 1, §

62.2

Livestock

Sheep, Goats,

Llamas, Deer

Importation

Disease/Pest

Prevention

Importation requirements for sheep, goats, llamas, and deer

N.Y. Comp. Codes R. & Regs. tit. 1, §

62.3

Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep, goats - certificate of veterinary

inspection required except for those moved to slaughter

N.Y. Comp. Codes R. & Regs. tit. 1, §

62.4

Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation of sheep and goats to a specifically approved stockyard or

recognized slaughtering establishment

N.Y. Comp. Codes R. & Regs. tit. 1, §

62.6

Livestock Llamas Importation

Disease/Pest

Prevention

Importation requirements for llamas - certificate of veterinary inspection

N.Y. Comp. Codes R. & Regs. tit. 1, §

62.7

Live Animals Deer Importation

Disease/Pest

Prevention

Importation requirements for deer - certificate of veterinary inspection,

permit

N.Y. Comp. Codes R. & Regs. tit. 1, §

63.3

Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - certification of health of swine

N.Y. Comp. Codes R. & Regs. tit. 1, §

63.4

Livestock Swine Importation

Disease/Pest

Prevention

Importation of breeding swine and swine for exhibition - brucellosis,

pseudorabies

N.Y. Comp. Codes R. & Regs. tit. 1, §

63.5

Livestock Swine Importation

Disease/Pest

Prevention

Importation of feeder swine - pseudorabies

N.Y. Comp. Codes R. & Regs. tit. 1, §

63.7

Livestock Swine Importation

Disease/Pest

Prevention

Importation of swine for immediate slaughter - health certificate or

waybill

N.Y. Comp. Codes R. & Regs. tit. 1, §

64.1

Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - certificate of veterinary

inspection, Equine Interstate Passport

N.Y. Comp. Codes R. & Regs. tit. 1, §

64.11

Livestock Horses Importation

Disease/Pest

Prevention

Importation of thoroughbred stallions for breeding - test for equine viral

arteritis required

N.Y. Comp. Codes R. & Regs. tit. 1, §

64.4

Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses and other equidae - disease testing

N.Y. Comp. Codes R. & Regs. tit. 1, §

64.5

Livestock Horses Importation

Disease/Pest

Prevention

Importation for immediate slaughter

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

N.Y. Comp. Codes R. & Regs. tit. 6, §

192.1

Fruit

Currants,

Gooseberries

Importation

Disease/Pest

Prevention

Importation restrictions on currants and gooseberries - White Pine

Blister Rust prevention measures

NY N.Y. Envtl. Conserv. Law § 11-0511 Live Animals Wildlife, Fish Importation

Disease/Pest

Prevention

Importation requirements for wildlife, fish

N.Y. Comp. Codes R. & Regs. tit. 1, §

271-2.2(g)

Game Animals Meat Quality Standards Food Safety

Requirement that game animals received for sale must be raised under

certain conditions

NY N.Y. State Fin. Law § 165

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

N.Y. Comp. Codes R. & Regs. tit. 6, §

40.1

Fish Fish Licensing Sustainability Commercial fish license requirements

OH Ohio Rev. Code § 3719.41 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

OH Ohio Admin. Code 901:1-1-01 Live Animals Cervids Importation

Disease/Pest

Prevention

Chronic Wasting Disease Restrictions

OH Ohio Admin. Code 901:1-11-04 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies

OH Ohio Admin. Code 901:1-11-06 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies

OH Ohio Admin. Code 901:1-11-07 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies

OH Ohio Admin. Code 901:1-17-01 Livestock Livestock Importation

Disease/Pest

Prevention

Inspection and Health of Livestock Imported into Ohio

OH Ohio Admin. Code 901:1-17-03 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Import Requirements for breeding cattle, bison

OH Ohio Admin. Code 901:1-17-04 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis

OH Ohio Admin. Code 901:1-17-06 Livestock Goats Importation

Disease/Pest

Prevention

Import Requirements for Goats

OH Ohio Admin. Code 901:1-17-08 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep

OH Ohio Admin. Code 901:1-17-11 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry - certificate of veterinary

inspection, pullorum-fowl typhoid disease testing for poultry

OH Ohio Admin. Code 901:1-17-13 Aquaculture Salmon Importation

Disease/Pest

Prevention

Infectious Salmon Anemia

OH Ohio Admin. Code 901:1-17-14 Aquaculture Fish Reporting

Disease/Pest

Prevention

Imported Fish - Testing and inspection requirements

OH Ohio Admin. Code 901:1-19-05 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - Equine Infectious Anemia

OH Ohio Admin. Code 901:1-21-02 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian Influenza

OH Ohio Admin. Code 901:1-5-03 Livestock Cattle Importation

Disease/Pest

Prevention

Importation restrictions for cattle - brucellosis

OH Ohio Admin. Code 901:5-27-06 Plants Plants, Seeds Importation

Disease/Pest

Prevention

Noxious weed and seed restrictions

OH Ohio Admin. Code 901:5-48-04 Forestry Hemlock Trees Importation

Disease/Pest

Prevention

Woolly Adelgid Restrictions

OH Ohio Admin. Code 901:5-52-03 Forestry Trees Importation

Disease/Pest

Prevention

Importation restrictions - Gypsy Moth, Asian Longhorned Beetle

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

OH Ohio Rev. Code § 909.10 Livestock Bees Importation

Disease/Pest

Prevention

Importation Requirements for Bees

OH Ohio Rev. Code § 927.681 Plants Plants Prohibition

Disease/Pest

Prevention

Plant Pests

OH Ohio Rev. Code § 125.09

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

OK Okla. Stat. tit. 63 § 2-101 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

OK Okla. Admin. Code § 35:15-11-1 Livestock Livestock Importation

Disease/Pest

Prevention

Certificate of veterinary inspection for importation, with exceptions

OK Okla. Admin. Code § 35:15-11-41 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian Influenza

OK Okla. Admin. Code § 35:15-15-111 Livestock Horses Importation

Disease/Pest

Prevention

General requirements for Equidae entering Oklahoma

OK Okla. Admin. Code § 35:15-19-4 Livestock Poultry Importation

Disease/Pest

Prevention

Importation and exhibition requirements for poultry

OK Okla. Admin. Code § 35:15-19-5 Livestock Poultry Importation

Disease/Pest

Prevention

Live bird imports from Avian Influenza quarantined states

OK Okla. Admin. Code § 35:15-22-31 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for commercial production breeding and

feeding swine

OK Okla. Admin. Code § 35:15-22-33 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for transitional production swine

OK Okla. Admin. Code § 35:15-38-3 Livestock Bovidae Importation

Disease/Pest

Prevention

Importation requirements for reproductive bovine females

OK Okla. Admin. Code § 35:15-40-90.1 Livestock Cattle Importation

Disease/Pest

Prevention

Requirements for cattle entering Oklahoma from a modified accredited

advanced state or zone - cattle positive for tuberculosis prohibited,

permit, certificate of veterinary inspection

OK Okla. Admin. Code § 35:30-13-9 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Fire Ant Restrictions

OK Okla. Admin. Code § 35:30-14-2 Cotton Cotton Importation

Disease/Pest

Prevention

Boll weevil and pink bollworm restrictions

OK Okla. Admin. Code § 35:30-36-13 Plants Plants Importation

Disease/Pest

Prevention

Oklahoma Noxious Weed List

OK Okla. Admin. Code § 35:30-4-1 Nuts Walnuts Importation

Disease/Pest

Prevention

Thousand Cankers Disease Restrictions

OK Okla. Admin. Code § 35:30-6-3 Forestry Ash Trees Importation

Disease/Pest

Prevention

Importation Restrictions Related to Emerald Ash Borer

OK Okla. Admin. Code § 35:50-1-1 Aquaculture

Fish, Frogs, Other

Aquatic Species

Importation

Disease/Pest

Prevention

Aquaculture Import and Disease Reporting

OK Okla. Admin. Code § 800:25-24-3 Live Animals Cervids Importation

Disease/Pest

Prevention

Chronic Wasting Disease Restrictions

OK Okla. Stat. tit. 2, § 3-106 Livestock Bees Certification

Disease/Pest

Prevention

Sale and transport of apiaries, equipment, bees, or hives

OK Okla. Stat. tit. 2, § 3-117.1 Livestock Bees Importation

Disease/Pest

Prevention

Requirements for transport of bees into state

OK Okla. Stat. tit. 2, § 6-151 Livestock Livestock Importation

Disease/Pest

Prevention

Health certificate or permit required for shipment of livestock into state--

Responsible parties--Exemptions--Diseased livestock

OK Okla. Admin. Code § 310:257-5-6 Food Shellfish Sourcing Food Safety Shellfish sourcing requirements

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

OK Okla. Admin. Code § 310:257-5-7 Food Mushrooms Licensing Food Safety Wild mushroom sourcing requirements

OK Okla. Stat. tit. 74, § 85.17A

Agricultural

Products

Agricultural Products Procurement Market Support Bidding preferences, reciprocity, awarding contracts

OK Okla. Stat. tit. 74, § 85.44D

Agricultural

Products

Trees Procurement Market Support

Purchasing preference for products made from Oklahoma harvested

trees

OR Or. Admin. R. 333-018-0015 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements

OR Or. Admin. R. 603-011-0212 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements

OR Or. Admin. R. 603-011-0255 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation of Animals Into Oregon; General Provisions

OR Or. Admin. R. 603-011-0256 Livestock Livestock Importation

Disease/Pest

Prevention

Importation of Bison, Horses, Cattle, Sheep, Goats, Swine; Preventing

Vesicular Stomatitis

OR Or. Admin. R. 603-011-0265 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis

OR Or. Admin. R. 603-011-0305 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - Equine Infectious Anemia

OR Or. Admin. R. 603-011-0310 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine

OR Or. Admin. R. 603-011-0375 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian Influenza

OR Or. Admin. R. 603-011-0382 Live Animals Cervids, Wildlife Importation

Disease/Pest

Prevention

Chronic Wasting Disease Restrictions

OR Or. Admin. R. 603-011-0392 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation restrictions for sheep and goats - scabies

OR Or. Admin. R. 603-011-0510 Livestock Livestock Importation

Disease/Pest

Prevention

Importation restrictions - brucellosis

OR Or. Admin. R. 603-052-1221 Fruit Grapes Importation

Disease/Pest

Prevention

Pierce’s Disease and the Glassy-winged Sharpshooter Restrictions

OR Or. Admin. R. 635-007-0970 Aquaculture Salmon Importation

Disease/Pest

Prevention

Infectious Salmon Anemia

OR Or. Admin. R. 635-007-0975 Aquaculture Salmon Importation

Disease/Pest

Prevention

Infectious Salmon Anemia

OR Or. Rev. Stat. § 279A.120

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

OR Or. Rev. Stat. § 279A.125

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

OR Or. Rev. Stat. § 508.030 Fish Fish Licensing Sustainability Commercial Fish License or Permit Requirements

PA 3 Pa. Cons. Stat. § 5278 Food Food Quality Standards

Consumer

Protection

No adulteration of food including raw agricultural products

PA 31 Pa. Cons. Stat. § 646 Food Milk Licensing

Consumer

Protection

Permit for sale of milk whether produced in state or out of state

PA 3 Pa. Cons. Stat. § 1512 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed prohibition of transport

PA 3 Pa. Cons. Stat. § 2104 Livestock Bees Importation

Disease/Pest

Prevention

Quarantine for imported bees

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

PA 3 Pa. Cons. Stat. § 2109 Livestock Bees Importation

Disease/Pest

Prevention

Prohibition on transport of any bees with a disease

PA 3 Pa. Cons. Stat. § 2111 Livestock Bees Importation

Disease/Pest

Prevention

Certificate of inspection for transport of bees

PA 3 Pa. Cons. Stat. § 2323 Live Animals Domestic Animals Importation

Disease/Pest

Prevention

Interstate movement of domestic animals

PA 3 Pa. Cons. Stat. § 258.17 Plants Plants Importation

Disease/Pest

Prevention

General Plant Import Standards

PA 58 Pa. Code § 137.35 Live Animals Cervids Importation

Disease/Pest

Prevention

Chronic Wasting Disease Restrictions

PA 58 Pa. Code § 73.1 Aquaculture Fish Importation

Disease/Pest

Prevention

Aquaculture Import and Disease Reporting

PA 58 Pa. Code § 73.3 Aquaculture Fish Importation

Disease/Pest

Prevention

Aquaculture Import and Disease Reporting of Viral Hemorrhagic

Septicemia Susceptible Fish

PA 7 Pa. Code § 110.1 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions

PA 7 Pa. Code § 111.23 Plants Seeds Importation

Disease/Pest

Prevention

Noxious weed seed restrictions

PA 7 Pa. Code § 15.10 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian Influenza

PA 7 Pa. Code § 3.103 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - Equine Infectious Anemia

PA 7 Pa. Code § 3.113 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian Influenza

PA 7 Pa. Code § 3.119 Livestock Poultry Importation

Disease/Pest

Prevention

Quarantine of poultry

PA 7 Pa. Code § 3.121 Livestock Sheep Importation

Disease/Pest

Prevention

Interstate Health Certificate Required

PA 7 Pa. Code § 3.131 Livestock Swine Importation

Disease/Pest

Prevention

Importation of Swine

PA 7 Pa. Code § 3.139 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - pseudorabies

PA 7 Pa. Code § 3.142 Livestock Wild Animals Importation

Disease/Pest

Prevention

Health Certication for Imported Animals

PA 7 Pa. Code § 3.161 Livestock Cattle, Goats, Buffalo Importation

Disease/Pest

Prevention

Permit required to import

PA 7 Pa. Code § 3.172 Livestock Swine Importation

Disease/Pest

Prevention

Health Requirements

PA 7 Pa. Code § 3.22 Livestock Cattle, Goats, Bison Importation

Disease/Pest

Prevention

Importation restrictions for cattle, goats, and bison - brucellosis

PA 7 Pa. Code § 3.23 Livestock Cattle, Goats, Buffalo Importation

Disease/Pest

Prevention

Bovine Tuberculosis

PA 7 Pa. Code § 3.3 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock

PA 7 Pa. Code § 3.4 Livestock Livestock Importation

Disease/Pest

Prevention

Health Certication for Imported Animals

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

PA 7 Pa. Code § 3a.2 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis

PA 7 Pa. Code § 3a.3 Livestock Cervids, Camelids Importation

Disease/Pest

Prevention

Importation requirements for cervids and camelids

PA 62 Pa. Cons. Stat. § 107

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

RI 2 R.I. Gen. Laws § 2-17-23 Forestry Ash Trees Importation

Disease/Pest

Prevention

Importation restrictions related to emerald ash borer, Asian

Longhorned beetle - regulated articles subject to quarantine and

transport rules

RI 250 R.I. Code R. 40-05-1 Live Animals Live Animals Importation

Disease/Pest

Prevention

Rules and regulations governing the importation of domestic animals

RI 250 R.I. Code R. 40-05-1.10 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - Official identification and

Certificate of Veterinary Inspection required, rabies vaccination,

tuberculosis, exceptions

RI 250 R.I. Code R. 40-05-1.11 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - Official identification and

Certificate of Veterinary Inspection is required for all swine, Brucellosis,

Pseudorabies

RI 250 R.I. Code R. 40-05-1.12 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - official identification and

certificate of veterinary inspection is required for sheep, scrapie,

Psoroptic Scabies, rabies vaccination

RI 250 R.I. Code R. 40-05-1.13 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats - Official identification and

Certificate of Veterinary Inspection is required for sheep, scrapie,

Psoroptic Scabies, rabies vaccination

RI 250 R.I. Code R. 40-05-1.14 Livestock

Poultry, Ratites,

Game Birds

Importation

Disease/Pest

Prevention

Importation requirements for poultry, ratites, and game birds - Official

Identification and Certificate of Veterinary Inspection, or other federally

recognized certification of disease-free status required, Salmonella

Pullorum, Avian influenza

RI 250 R.I. Code R. 40-05-1.15 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - Official identification and

Certificate of Veterinary Inspection or Extended Equine Certificate of

Veterinary Inspection are required, exceptions, equine infectious

anemia, rabies vaccination

RI 250 R.I. Code R. 40-05-1.16 Livestock Camelids Importation

Disease/Pest

Prevention

Importation requirements for camelids - Official identification and

Certificate of Veterinary Inspection required, brucellosis, tuberculosis

RI 250 R.I. Code R. 40-05-1.17 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation requirements for other animals - Official Identification and

Certificate of Veterinary Inspection required, contact the Rhode Island

State Veterinarian for additional requirements

RI 250 R.I. Code R. 40-05-1.18 Live Animals Live Animals Importation

Disease/Pest

Prevention

Power to prohibit or regulate importation - Director has broad powers to

prohibit the importation of any animal into the state, Department may

issue emergency regulations as deemed necessary that restrict the

importation of animals by imposing safeguards that will protect the

health, safety and welfare of the citizens of the state, their livestock, and

pets

RI 250 R.I. Code R. 40-05-1.19 Live Animals Live Animals Recordkeeping

Disease/Pest

Prevention

Recordkeeping for auctions, sales, and dealers

RI 250 R.I. Code R. 40-05-1.20 Live Animals Live Animals Importation

Disease/Pest

Prevention

Violations of importation regulations

RI 250 R.I. Code R. 40-05-1.22 Live Animals Live Animals Importation

Disease/Pest

Prevention

Requirements for animals imported for the purpose of fair, show, or

exhibition

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

RI 250 R.I. Code R. 40-05-1.6 Live Animals Live Animals Importation

Disease/Pest

Prevention

General requirements and general exemptions - certificate of

veterinary inspection, import permit

RI 250 R.I. Code R. 40-05-1.7 Live Animals Live Animals Importation

Disease/Pest

Prevention

Certificates of veterinary inspection and owner shipper statements

RI 250 R.I. Code R. 40-05-1.8 Pets Dogs, Cats Importation

Disease/Pest

Prevention

Importation of dogs and cats for the purpose of rescue, shelter, foster

care, adoption, brokering, or remote sale

RI 250 R.I. Code R. 40-05-1.9 Pets Dogs, Cats Importation

Disease/Pest

Prevention

Identification and Certificate of Veterinary Inspection are required for

the importation of all dogs and cats that are imported into the State of

Rhode Island

RI 250 R.I. Code R. 40-05-3.7 Live Animals Wild Animals Importation

Disease/Pest

Prevention

Rules and regulations governing importation and possession of wild

animals - general prohibitions

RI 250 R.I. Code R. 40-10-2 Plants

Currants (Ribes

Plants)

Importation

Disease/Pest

Prevention

Rules and regulations governing the suppression of white pine blister

rust

RI 250 R.I. Code R. 40-10-3 Livestock Bees Importation

Disease/Pest

Prevention

Rules and regulations for out-of-state honey bee quarantine to prevent

entry of varroa mite (varroa jacobsoni)

RI 250 R.I. Code R. 60-00-2.10 Live Animals Cervids Importation

Disease/Pest

Prevention

Regulations on the importation, possession and transportation of live

cervids - No person shall import, transport or possess in the State of

Rhode Island any live captive or wild cervid, except under a permit,

certificate of veterinary inspection, exemptions

RI 216 R.I. Code R. 50-10-6.4 Food Shellfish Sourcing Food Safety Shellfish sourcing, licensing, recordkeeping requirements

RI 250 R.I. Code R. 90-00-4.8 Food Shellfish Sourcing Food Safety Shellfish sourcing requirements

RI 37 R.I. Gen. Laws § 37-2-8

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

SC S.C. Code § 46-10-50 Cotton Cotton Importation

Disease/Pest

Prevention

Boll Weevil, Cotton Pest Restrictions

SC S.C. Code § 46-37-10 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees - certificate of inspection

SC S.C. Code § 46-37-30 Livestock Bees Certification

Disease/Pest

Prevention

Inspection for presence of disease or infection of bees, removal and

destruction authority

SC S.C. Code § 47-13-1350 Livestock Horses Importation

Disease/Pest

Prevention

Unlawful for horse to enter State unless tested for Equine Infectious

Anemia and accompanied by test chart

SC S.C. Code § 47-4-60 Livestock Livestock Importation

Disease/Pest

Prevention

Veterinary inspection for communicable and infectious diseases

SC S.C. Code Regs. 123-151.1 Live Animals Turtles Importation

Disease/Pest

Prevention

Importation restrictions for spotted turtles

SC S.C. Code Regs. 27-1013 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock - certificate of veterinary

inspection or health permit

SC S.C. Code Regs. 27-1014 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - poultry shall be U.S. Pullorum-

Typhoid Clean or equivalent or be accompanied with a CVI stating the

poultry was tested negative for pullorum and typhoid

SC S.C. Code Regs. 27-1017 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - all started poultry (poultry that

has been fed and watered) entering the State shall have a prior permit

approved by the State Veterinarian, exemptions

SC S.C. Code Regs. 27-1018 Pets Dogs Importation

Disease/Pest

Prevention

Importation requirements for dogs - health certificate, not from

quarantine area, rabies requirements, vaccination

SC S.C. Code Regs. 27-1025 Livestock Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - certificate of veterinary

inspection, permits, identification, brucellosis, tuberculosis

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

SC S.C. Code Regs. 27-1027 Livestock Ratites Importation

Disease/Pest

Prevention

Importation requirements for ratites - certificate of veterinary inspection

SC S.C. Code Regs. 27-1099 Cotton Cotton Importation

Disease/Pest

Prevention

Regulated articles - prohibition of ornamental cottonseed and

individual potted specimens of cotton plants

SC S.C. Code Regs. 27-1100 Cotton Cotton Importation

Disease/Pest

Prevention

Certificate or permit must accompany the movement of regulated

articles from any infested area into or through any regulated area

SC S.C. Code Regs. 27-121 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Fire Ant restrictions - regulated articles

SC S.C. Code Regs. 27-123 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Fire Ant restrictions - certificate or permit must accompany the

movement of regulated articles

SC S.C. Code Regs. 27-137 Fruit Citrus Trees Importation

Disease/Pest

Prevention

Asian Citrus Psyllid Restrictions - treatment, inspection

SC S.C. Code Regs. 27-163 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Nursery stock shipment requirements

SC S.C. Code Regs. 27-5 Food Honey Importation

Disease/Pest

Prevention

Restrictions on shipments of honey from apiary infected with American

Foulbrood

SC S.C. Code Regs. 27-5020 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Phytophagous Snail Restrictions

SC S.C. Code Regs. 27-62 Crops Sweet Potatoes Importation

Disease/Pest

Prevention

Sweet Potato Weevil restrictions

SC S.C. Code Regs. 27-83 Fruit Peach Trees Importation

Disease/Pest

Prevention

Phony Peach Disease Restrictions

SC S.C. Code Regs. 5-584 Plants Plants Importation

Disease/Pest

Prevention

Noxious Weed Restrictions - Importation into South Carolina or the

sale or distribution of listed noxious plants within the State is prohibited

SC S.C. Code Regs. 61-25 Food Shellfish Sourcing Food Safety Shellfish, wild mushroom, game animals sourcing requirements

SC S.C. Code § 11-35-1524

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement of agricultural products

SD S.D. Codified Laws § 39-4-26 Food

Meat & Poultry

Products

Labeling

Consumer

Protection

Restriction of use of meat and poultry nomenclature to certain products

SD S.D. Codified Laws § 22-42-22 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

SD S.D. Admin. R. 12:02:10:04 Livestock Livestock Importation

Disease/Pest

Prevention

Import requirements for animals entered into state fair - health

certificate, permit number, brucellosis, tuberculosis

SD S.D. Admin. R. 12:68:06:01 Livestock Livestock Importation

Disease/Pest

Prevention

Certificate of veterinary inspection to accompany imported animals,

semen, and embryos

SD S.D. Admin. R. 12:68:16:03 Livestock Equines Importation

Disease/Pest

Prevention

Examination and identification of equines for import - certificate of

veterinary inspection

SD S.D. Admin. R. 12:68:16:04 Livestock Equines Importation

Disease/Pest

Prevention

Certification of negative test for Equine Infectious Anemia required for

import of equines

SD S.D. Admin. R. 12:68:17:01 Livestock Swine Importation

Disease/Pest

Prevention

Requirements related to importation or distribution of swine semen or

embryos

SD S.D. Admin. R. 12:68:17:04 Livestock Swine Importation

Disease/Pest

Prevention

Import requirements for feeder pigs - pseudorabies

SD S.D. Admin. R. 12:68:23:06 Livestock Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - identification, permit, certificate of

veterinary inspection, tuberculosis

SD S.D. Admin. R. 12:68:25:17 Live Animals Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - certificate of veterinary

inspection, entry permit, Chronic wasting disease

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

SD S.D. Admin. R. 12:68:29:08 Livestock Cattle Importation

Disease/Pest

Prevention

Identification of recreational cattle - requirements for import

SD S.D. Admin. R. 41:09:08:01.01 Fish Fish Importation

Disease/Pest

Prevention

Fish importation prohibited - Exceptions

SD S.D. Codified Laws § 38-18-21 Livestock Bees Importation

Disease/Pest

Prevention

Certificate of health or compliance agreement required for bees and

used bee equipment imported from another state

SD S.D. Codified Laws § 38-18-25 Livestock Bees Importation

Disease/Pest

Prevention

Unlawfully imported bees subject to seizure - Destruction or treatment if

found to be infested

SD S.D. Codified Laws § 38-18-4 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees and used bee equipment -

Application for entrance permit before transport into state

SD S.D. Codified Laws § 40-14-1 Livestock Livestock Importation

Disease/Pest

Prevention

Restrictions on importation from quarantine areas outside state

SD S.D. Codified Laws § 40-14-2 Livestock Livestock Importation

Disease/Pest

Prevention

Certificate of veterinary inspection required for importation of livestock -

Exception for slaughter

SD S.D. Codified Laws § 40-14-3 Live Animals Live Animals Importation

Disease/Pest

Prevention

Notice and permit for importation of animals without certificate

SD S.D. Codified Laws § 40-14-4 Live Animals Live Animals Importation

Disease/Pest

Prevention

Quarantine and examination of any animal imported without certificate

SD S.D. Codified Laws § 5-18A-26

Agricultural

Products

Agricultural Products Procurement Market Support

Government procurement regulations - Resident bidder preferred over

nonresident bidder

TN Tenn. Code § 39-17-438 Drugs Salvia Prohibition Consumer Safety

Recreational drug ban - salvia or synthetic cannabinoids, production,

distribution, and possession, exceptions, penalty

TN Tenn. Code § 44-15-110 Livestock Bees Importation

Disease/Pest

Prevention

Bee quarantine authority, restrictions

TN Tenn. Code § 44-15-113 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees - entry permit, health certificates

TN Tenn. Code § 44-15-120 Food Honey Transportation

Disease/Pest

Prevention

Requirement that beekeeping equipment wet with honey be stored,

transported, and handled in such a way that free-flying honeybees will

not be able to gain access to that honey

Tenn. Comp. R. & Regs. 0080-02-01-

.02

Live Animals Domestic Animals Importation

Disease/Pest

Prevention

General importation requirements and limitations - official certificate of

veterinary inspection or other transportation document recognized by

the state veterinarian, No animal, including poultry and birds of any

species, that is affected by or has been exposed to any infectious,

contagious, or communicable disease, or that originated from a

quarantined area, shall be transported or moved into Tennessee;

except as allowed herein or permitted by the state veterinarian

Tenn. Comp. R. & Regs. 0080-02-01-

.03

Live Animals Domestic Animals Importation

Disease/Pest

Prevention

Duties of common carriers and other haulers of domestic animals -

owners and operators of common carriers and private conveyances

shall be forbidden to transport or otherwise move any domestic animal

into, within, or through the State of Tennessee except in compliance

with the provisions set forth in these regulations

Tenn. Comp. R. & Regs. 0080-02-01-

.04

Live Animals Domestic Animals Importation

Disease/Pest

Prevention

Entry permits

Tenn. Comp. R. & Regs. 0080-02-01-

.05

Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - certificate of veterinary inspection,

brucellosis, tuberculosis, scabies, trichomoniasis

Tenn. Comp. R. & Regs. 0080-02-01-

.06

Livestock Equines Inspection

Disease/Pest

Prevention

Importation requirements for equines - certificate of veterinary

inspection, equine infectious anemia testing

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

Tenn. Comp. R. & Regs. 0080-02-01-

.07

Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - certificate of veterinary inspection,

entry permit, identification, brucellosis, pseudorabies

Tenn. Comp. R. & Regs. 0080-02-01-

.08

Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - permanent identification,

certificate of veterinary inspection

Tenn. Comp. R. & Regs. 0080-02-01-

.09

Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats - permanent identification, certificate

of veterinary inspection

Tenn. Comp. R. & Regs. 0080-02-01-

.10

Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry and hatching eggs - proof of the

poultry's apparent good health, certificate of veterinary inspection,

negative testing for Pullorum-Typhoid and Avian Influenza

Tenn. Comp. R. & Regs. 0080-02-01-

.12

Livestock Bison, Cervids Importation

Disease/Pest

Prevention

Importation requirements for bison, cervids - identification, chronic

wasting disease, tuberculosis, etc.

Tenn. Comp. R. & Regs. 0080-06-07-

.01

Forestry Boxwood Trees Importation

Disease/Pest

Prevention

Declaration of quarantine - Boxwood Blight restrictions

Tenn. Comp. R. & Regs. 0080-06-12-

.06

Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Conditions governing movement of regulated articles - live brown

garden snail restrictions

Tenn. Comp. R. & Regs. 0080-06-19-

.01

Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Determination of problem and establishment of quarentine - Fire Ant

restrictions

Tenn. Comp. R. & Regs. 0080-06-22-

.03

Cotton Cotton Importation

Disease/Pest

Prevention

Conditions governing movement of regulated articles - Boll Weevil

eradication

Tenn. Comp. R. & Regs. 1200-14-01-

.36

Live Animals Turtles Prohibition

Disease/Pest

Prevention

Prohibition on sale of certain turtles

Tenn. Comp. R. & Regs. 1660-01-26-

.02

Aquaculture Fish Importation

Disease/Pest

Prevention

Fish from states having endemic disease problems in wild populations

or hatchery stocks that could present a health hazard to native wildlife

or the public are specifically prohibited from being imported,

restrictions on baitfish and other aquatic life sourcing

TN Tenn. Comp. R. & Regs. 1660-1-18-.02 Live animals Wildlife Importation

Disease/Pest

Prevention

importation permit is required for all fish species - exceptions

Tenn. Comp. R. & Regs. 1200-23-01-

.03

Food

Fish, Shellfish,

Mushrooms, Game

Meat

Sourcing Food Safety

Requirement that food be safe, unadulterated, and honestly presented,

sourcing requirements for fish, shellfish, wild mushrooms, game

animals

TN Tenn. Code § 12-3-1108

Agricultural

Products

Meat Procurement Market Support

Tennessee meat producers - purchasing preference - departments,

agencies and institutions

TN Tenn. Code § 12-3-1113

Agricultural

Products

Agricultural Products Procurement Market Support

Preference for local agricultural products - preference for Tennessee

vegetation

TX Tex. Health & Safety Code § 481.104 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

TX 31 Tex. Admin. Code § 57.976 Fish Fish, Shellfish Importation

Disease/Pest

Prevention

Importation restrictions for aquatic wildlife

TX 4 Tex. Admin. Code § 19.103 Plants Plants Importation

Disease/Pest

Prevention

Fire ant import restrictions

TX 4 Tex. Admin. Code § 19.113 Crops

Corn, Sorghum,

Grains

Importation

Disease/Pest

Prevention

European Corn Borer import restrictions

TX 4 Tex. Admin. Code § 19.123 Nuts

Pecans, Other Nut

Trees

Importation

Disease/Pest

Prevention

Pecan Weevil import restrictions

TX 4 Tex. Admin. Code § 19.133 Crops Sweet Potatoes Importation

Disease/Pest

Prevention

Sweet Potato Weevil import restrictions

TX 4 Tex. Admin. Code § 19.153 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

West Indian Fruit Fly import restrictions

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

TX 4 Tex. Admin. Code § 19.162 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Root Weevil import restrictions

TX 4 Tex. Admin. Code § 19.175 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Sapote Fruit Fly import restrictions

TX 4 Tex. Admin. Code § 19.2 Nursery Stock

Nursery Stock, Floral

Products

Importation

Disease/Pest

Prevention

Importation restrictions for all nursery or floral shipments of plant

material -phytosanitary certificate of inspection required

TX 4 Tex. Admin. Code § 19.203 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Asian cycad scale import restrictions

TX 4 Tex. Admin. Code § 19.23 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Burrowing nematode import restrictions

TX 4 Tex. Admin. Code § 19.300 Plants Plants, Plant

Products

Prohibition

Disease/Pest

Prevention

Prohibition on importation, sale, or distribution of listed noxious and

invasive plants

TX 4 Tex. Admin. Code § 19.32 Plants Camellia Plants Importation

Disease/Pest

Prevention

Camellia flower blight import restrictions

TX 4 Tex. Admin. Code § 19.43 Crops Produce Importation

Disease/Pest

Prevention

Caribbean Fruit Fly import restrictions

TX 4 Tex. Admin. Code § 19.504 Fruit Plants, Plant

Products

Importation

Disease/Pest

Prevention

Mexican Fruit Fly import restrictions

TX 4 Tex. Admin. Code § 19.53 Fruit Palms Importation

Disease/Pest

Prevention

Date Palm Lethal Decline import restrictions

TX 4 Tex. Admin. Code § 19.603 Fruit Palms Importation

Disease/Pest

Prevention

Red Palm Mites import restrictions

TX 4 Tex. Admin. Code § 19.618 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Citrus Greening import restrictions

TX 4 Tex. Admin. Code § 19.73 Nursery Stock Plants, Plant

Products

Importation

Disease/Pest

Prevention

European Brown Garden Snail import restrictions

TX 4 Tex. Admin. Code § 20.16 Cotton Cotton Importation

Disease/Pest

Prevention

Boll Weevil import restrictions

TX 4 Tex. Admin. Code § 21.40 Fruit Citrus Trees Importation

Disease/Pest

Prevention

Importation requirements for citrus budwood - testing, permit, etc.

TX 4 Tex. Admin. Code § 35.4 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - testing, vaccination - brucellosis

TX 4 Tex. Admin. Code § 41.6 Livestock Livestock Importation

Disease/Pest

Prevention

Restrictions on movement of livestock - certification, Fever Tick

TX 4 Tex. Admin. Code § 51.10 Livestock Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - testing, identification, certificate

of veterinary inspection - chronic wasting disease

TX 4 Tex. Admin. Code § 51.11 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats - tuberculosis, scabies

TX 4 Tex. Admin. Code § 51.12 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - certificate required, Brucella ovis

testing, scabies

TX 4 Tex. Admin. Code § 51.13 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines - certificate of veterinary

inspection, equine infectious anemia testing, fever tick, Equine Viral

Arteritis

TX 4 Tex. Admin. Code § 51.14 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - certificate, identification,

pseudorabies

TX 4 Tex. Admin. Code § 51.15 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - Avian Influenza

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

TX 4 Tex. Admin. Code § 51.2 Live Animals Live Animals Importation

Disease/Pest

Prevention

General requirements for importing live animals - permit, certificate of

veterinary inspection

TX 4 Tex. Admin. Code § 51.7 Livestock Livestock Importation

Disease/Pest

Prevention

Importation requirements for livestock - scabies, screwworm, fever tick,

Vesicular Stomatitis

TX 4 Tex. Admin. Code § 51.8 Livestock Cattle Importation

Disease/Pest

Prevention

Importation requirements for cattle - identification, Brucellosis,

Tuberculosis, Trichomoniasis

TX 4 Tex. Admin. Code § 51.9 Livestock

Exotic Livestock &

Fowl, Camelids,

Ratites

Importation

Disease/Pest

Prevention

Importation requirements for exotic livestock and fowl, including

camelids and ratites - identification, brucellosis, pseudorabies, Avian

Influenza, Salmonella pullorum-typhoid

TX 4 Tex. Admin. Code § 54.9 Livestock Poultry Recordkeeping

Disease/Pest

Prevention

Live bird marketing system regulations - testing, recordkeeping

TX 4 Tex. Admin. Code § 57.11 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - official health certificate,

Laryngotracheitis, Pullorum-Typhoid

TX Tex. Agric. Code § 131.022 Livestock Bees Importation

Disease/Pest

Prevention

Bee quarantine authority - restriction on shipping bees, equipment,

pollen, or honey into or out of quarantine area

TX Tex. Agric. Code § 131.023 Livestock Bees Certification

Disease/Pest

Prevention

Requirements for selling queen bees, attendant bees, package bees,

nuclei, and queen cells - certificate and affidavit

TX Tex. Agric. Code § 131.041 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees and bee equipment - permit required

TX Tex. Agric. Code § 164.062 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - certificate required, scabies

TX 25 Tex. Admin. Code § 217.29 Food Milk Quality Standards Food Safety

Requirement that all herds be free of tuberculosis and brucellosis

before any milk therefrom is sold

TX 25 Tex. Admin. Code § 228.62 Food Milk, Eggs, Shellfish Quality Standards Food Safety

Regulations governing the sourcing of certain foods - milk, eggs,

shellfish, frozen milk products

TX 4 Tex. Admin. Code § 15.2 Food Eggs Licensing Food Safety

License required for egg handling, processing, grading, buying or

selling for resale

TX 4 Tex. Admin. Code § 10.11 Food Seeds Quality Standards Product Quality Quality requirements for bulk seeds

TX 4 Tex. Admin. Code § 21.21 Fruit Citrus Quality Standards Product Quality Requirement that all citrus sold must be mature and fit for consumption

TX Tex. Agric. Code § 131.081 Food Honey Labeling Quality standards

Prohibition on sale of products labeled as honey but not made purely

of honey

TX Tex. Agric. Code § 131.082 Food Honey Labeling Quality standards

Prohibition on sale of products resembling honey with designs of bees,

hives, or combs but not made purely of honey

TX Tex. Agric. Code § 131.083 Food Honey Prohibition Quality standards

Ban on sale of products resembling honey and labeled "imitation

honey"

TX Tex. Agric. Code § 131.084 Food Honey Labeling Quality standards Labeling requirements for honey mixtures

TX Tex. Parks & Wildlife Code § 66.020 Fish Fish Prohibition Sustainability Prohibition on sale and transport of protected fish

UT Utah Admin. Code r. 68-3-6 Fertilizer Soil and Fertilizer Licensing

Consumer

Protection

Soil and fertilizer requirements - prohibited acts

UT Utah Admin. Code r. 58-1-1 Live Animals Live Animals Importation

Disease/Pest

Prevention

Authority to regulate importation - to eliminate or reduce the spread of

diseases among animals by providing standards to be met in the

movement of animals within Utah and the importation of animals into

the state

UT Utah Admin. Code r. 58-1-11 Pets Dogs, Cats, Ferrets Importation

Disease/Pest

Prevention

Importation requirements for dogs, cats, and ferrets - rabies

vaccination, minimum age, certificate of veterinary inspection and

permit for animals undergoing treatment

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

UT Utah Admin. Code r. 58-1-12 Livestock Cervids Importation

Disease/Pest

Prevention

Importation requirements for cervids - import permit, Chronic wasting

disease, brucellosis, tuberculosis, Johne's Disease (Paratuberculosis),

Malignant Catarrhal Fever

UT Utah Admin. Code r. 58-1-13 Live Animals Exotic Animals Importation

Disease/Pest

Prevention

Importation requirements for exotic animals

UT Utah Admin. Code r. 58-1-14 Live Animals Live Animals Importation

Disease/Pest

Prevention

Duties of carriers moving animals into the state

UT Utah Admin. Code r. 58-1-4 Live Animals Live Animals Importation

Disease/Pest

Prevention

Interstate importation standards - no animal, poultry, or bird of any

species or other animal, including wildlife, that is known to be affected

with or has been exposed to a contagious, infectious, or communicable

disease, or that originates from a quarantined area, shall be shipped,

transported, or moved into the state until written permission for entry is

first obtained from the State Veterinarian

UT Utah Admin. Code r. 58-1-5 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Importation requirements for cattle and bison - certificate of veterinary

inspection, identification, brucellosis, tuberculosis, trichomoniasis

UT Utah Admin. Code r. 58-1-6 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for horses, mules, donkeys, and other

equines - certificate of veterinary inspection, Equine Infectious Anemia

testing, brand or proof of ownership

UT Utah Admin. Code r. 58-1-7 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - certificate, identification,

brucellosis, pseudorabies, garbage feeding prohibition, ban on certain

hybrids

UT Utah Admin. Code r. 58-1-8 Livestock

Sheep, Goats,

Camelids

Importation

Disease/Pest

Prevention

Importation requirements for sheep - certificate of veterinary inspection,

scrapie, Brucella ovis, tuberculosis

UT Utah Admin. Code r. 58-1-9 Livestock

Poultry, Gamebirds,

Hatching Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry, gamebirds, and hatching eggs -

Certificate of Veterinary Inspection or a National Poultry Improvement

Plan VS Form 9-3, identification, Pullorum-Typhoid, Avian Influenza

UT Utah Admin. Code r. 657-3 Live Animals Wildlife Importation

Disease/Pest

Prevention

Collection, importation, transportation, and possession of animals

UT Utah Admin. Code r. 68-9 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions - importation of certain machinery and

equipment, prescribed treatments

UT Utah Admin. Code r. 70-410-5 Food Eggs Importation

Disease/Pest

Prevention

Small egg producer facility and quality assurance rules - Salmonella,

Avian Influenza testing

UT Utah Code § 4-11-111 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees, used apiary equipment -

certification required, authority to require destruction or removal of

diseased bees and equipment

UT Utah Admin. Code r. 33-10-101

Agricultural

Products

Agricultural Products Procurement Market Support Regulation of government procurement - providers of state products

UT Utah Admin. Code r. 33-6-111

Agricultural

Products

Agricultural Products Procurement Market Support

Regulation of government procurement - in event of tie bids, contract

shall be awarded to Utah resident bidders

UT Utah Code § 63G-6a-1002

Agricultural

Products

Agricultural Products Procurement Market Support

Regulation of government procurement - reciprocal preference for

providers of state products

VA 2 Va. Admin. Code § 5-141-100 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - certificate of veterinary

inspection, equine Infectious Anemia, identification requirements

VA 2 Va. Admin. Code § 5-141-110 Livestock Ruminants Importation

Disease/Pest

Prevention

Importation requirements for other ruminants - identification and health

certification requirements

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

VA 2 Va. Admin. Code § 5-141-120 Livestock Swine Importation

Disease/Pest

Prevention

Import requirements for swine - pseudorabies, brucellosis, health

certification, and tagging requirements

VA 2 Va. Admin. Code § 5-141-40 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation requirements for animals including livestock and pets -

permit required

VA 2 Va. Admin. Code § 5-141-60 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Import requirements for poultry, hatching eggs - certificate of veterinary

inspection, disease free requirement, avian influenza, Pullorum-typhoid

VA 2 Va. Admin. Code § 5-141-70 Livestock Cattle Importation

Disease/Pest

Prevention

Import requirements for cattle - certification, permitting, and

identification requirements, tuberculosis, brucellosis

VA 2 Va. Admin. Code § 5-141-90 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Import requirements for sheep and goats - health certification,

identification requirements, scrapie, tuberculosis

VA 2 Va. Admin. Code § 5-205-100 Livestock Sheep, Goats, Swine Importation

Disease/Pest

Prevention

Importation requirements for animals in shooting enclosures - health

requirements, scabies, tuberculosis, brucellosis, etc.

VA 2 Va. Admin. Code § 5-206-30 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Import requirements for sheep and goats - state restrictions, certificate

of veterinary inspection, identification requirements, scrapie

VA 2 Va. Admin. Code § 5-315-40 Nursery Stock Nursery Plants Importation

Disease/Pest

Prevention

Imported fire ant restrictions

VA 2 Va. Admin. Code § 5-317-60 Plants Plants Importation

Disease/Pest

Prevention

Certificate, permit requirements regarding noxious weed imports

VA 2 Va. Admin. Code § 5-318-120 Nursery Stock Walnut trees Importation

Disease/Pest

Prevention

Thousand Cankers Disease import restrictions - regulated articles

VA 2 Va. Admin. Code § 5-318-40 Nursery Stock Walnut trees Importation

Disease/Pest

Prevention

Thousand Cankers Disease import restrictions - prohibition on entry

VA 2 Va. Admin. Code § 5-330-20 Forestry Trees Importation

Disease/Pest

Prevention

Import restrictions on trees - gypsy moth restrictions, quarantine areas

VA 2 Va. Admin. Code § 5-330-30 Forestry Trees Importation

Disease/Pest

Prevention

Import restrictions on trees - gypsy moth restrictions

VA 2 Va. Admin. Code § 5-390-20 Plants Seeds Prohibition

Disease/Pest

Prevention

Noxious weed seed restrictions

VA 2 Va. Admin. Code § 5-40-50 Livestock Cattle Importation

Disease/Pest

Prevention

Bovine Tuberculosis permit requirements

VA 2 Va. Admin. Code § 5-440-30 Cotton Cotton Importation

Disease/Pest

Prevention

Boll Weevil Restrictions - cotton related import restrictions

VA 2 Va. Admin. Code § 5-450-40 Forestry

European Black

Currant

Importation

Disease/Pest

Prevention

Prohibition on European black currant imports - White Pine Blister Rust

VA Va. Code § 3.2-3804 Plants Nursery Plants Importation

Disease/Pest

Prevention

Importation requirements for nursery stock - inspection certificate

requirements

VA Va. Code § 3.2-4405 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees and used bee equipment - permit

required

VA Va. Code § 3.2-4406 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees in combless packages - certificate of

health required

VA Va. Code § 3.2-4407 Livestock Bees Certification

Disease/Pest

Prevention

Bee sale requirements - certificate of health requied for bees on

combs, hives, used beekeeping equipment with combs, or appliances

VA 12 Va. Admin. Code § 5-421-310 Food Shellfish Sourcing Food Safety Shellfish sourcing requirements

VA 12 Va. Admin. Code § 5-421-320 Food Mushrooms Sourcing Food Safety Wild mushroom sourcing requirements

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

VA 2 Va. Admin. Code § 5-531-70 Dairy Milk Quality Standards Food Safety

Milk production requirements including milking barn, stable, or parlor

requirements

VA 2 Va. Admin. Code § 5-531-90 Dairy Milk Quality Standards Food Safety

Prohibition on milk imports and sales from unhealthy animals, animals

not kept in healthy conditions

VA 2 Va. Admin. Code § 5-585-310 Food Shellfish Sourcing Food Safety Shellfish sourcing requirements

VA 2 Va. Admin. Code § 5-585-320 Food Mushrooms Sourcing Food Safety Wild mushroom sourcing requirements

VA Va. Code § 2.2-4324

Agricultural

Products

Agricultural Products Procurement Market Support Preference for in-state agricultural products

VA Va. Code § 2.2-4328

Agricultural

Products

Agricultural Products Procurement Market Support Preference for in-state agricultural products

VA 2 Va. Admin. Code § 5-490-50 Dairy Milk Quality Standards Product Quality Raw milk sale restrictions - milkroom requirements

VA Va. Code § 28.2-228.1 Fish Fish Licensing Sustainability Landing seafood license and fees

VT 13 Vt. Code R. 140 011:7 Drugs Salvia, Kratom Prohibition Consumer Safety

Recreational drug ban - salvia, kratom (mitragynine, 7-

hydroxymitragynine)

VT 20 Vt. Code R. 022 002 Livestock Poultry Importation

Disease/Pest

Prevention

Highly pathogenic avian influenza - prohibition on importing certain

poultry

VT 20 Vt. Code R. 022 005: XI Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - permit, health certification, swine

brucellosis

VT 20 Vt. Code R. 022 006: 1405 Livestock Cattle Prohibition

Disease/Pest

Prevention

Brucellosis sales prohibition

VT 20 Vt. Code R. 022 010: III Livestock Equines Importation

Disease/Pest

Prevention

Rules governing importation of equines - certification, Equine

Infectious Anemia

VT 20 Vt. Code R. 022 019 Live Animals Domestic Animals Importation

Disease/Pest

Prevention

Importation requirements for domestic animals including livestock and

poultry - permit and certification requirements and certain prohibitions

VT 20 Vt. Code R. 022 023 Livestock Cervids Importation

Disease/Pest

Prevention

Captive cervid import requirements - certificate of veterinary inspection

VT 20 Vt. Code R. 031 002:V Livestock Bees Importation

Disease/Pest

Prevention

Import restrictions for bees - certificate of inspection, tracheal mite

VT 20 Vt. Code R. 031 009:V-2 Nursery Stock Nursery Stock Importation

Disease/Pest

Prevention

Transportation of nursery stock into vermont - certification requirement

VT 20 Vt. Code R. 031 009:VI-1 Nursery Stock Nursery Stock Prohibition

Disease/Pest

Prevention

Prohibition against sale of diseased or infested nursery stock

VT Vt. Stat. tit. 6, § 1163 Live Animals Live Animals Importation

Disease/Pest

Prevention

Fines for importing any animal infected with or exposed to a contagious

disease or selling condemned animals or carcasses

VT Vt. Stat. tit. 6, § 1181 Livestock Equines Importation

Disease/Pest

Prevention

Equine import requirements - certificate of veterinarian inspection,

equine infectious anemia

VT Vt. Stat. tit. 6, § 3032 Livestock Bees Importation

Disease/Pest

Prevention

Transportation of bees or used equipment into the State

VT Vt. Stat. tit. 6, § 4026 Nursery Stock Nursery Stock Importation

Disease/Pest

Prevention

Foreign nursery stock - certificate of inspection, transportation

requirements, penalty

VT Vt. Stat. tit. 6, § 4027 Nursery Stock Nursery Stock Prohibition

Disease/Pest

Prevention

Diseased or infested nursery stock prohibition - stop-sale, destruction

VT Vt. Stat. tit. 6, § 4028 Nursery Stock Nursery Stock Recordkeeping

Disease/Pest

Prevention

Access to records requirements for nursery stock dealers and growers

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

VT 13 Vt. Code R. 140 018: 5-204-1-K Food Food Quality Standards Food Safety

Sourcing and labeling requirements - including shellfish, wild

mushrooms, milk and meat products, etc.

VT Vt. Stat. tit. 18, § 4059 Food Food Prohibition Food Safety Adulterated food - including production conditions

WA Wash. Admin. Code § 16-470-030 Forestry

Trees, Shrubs, Other

Products

Importation

Disease/Pest

Prevention

Gypsy Moth restrictions - quaratine of host and carrier goods

WA Wash. Admin. Code § 16-54-030 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation requirements for animals - certificate of veterinary

inspection and entry permit requirements

WA Wash. Admin. Code § 16-54-032 Live Animals Live Animals Importation

Disease/Pest

Prevention

Certificate of veterinary inspection - required information

WA Wash. Admin. Code § 16-54-065 Live Animals Live Animals Importation

Disease/Pest

Prevention

Prohibition on any animal that is infected with or exposed to any

infectious or communicable disease entering Washington state, other

entry prohibitions

WA Wash. Admin. Code § 16-54-068 Live Animals Live Animals Importation

Disease/Pest

Prevention

Importation restrictions

WA Wash. Admin. Code § 16-54-071 Livestock Equines Importation

Disease/Pest

Prevention

Importation requirements for equines, equine reproductive products -

certificate of veterinary inspection, equine infectious anemia testing,

Equine Viral Arteritis, piroplasmosis

WA Wash. Admin. Code § 16-54-082 Livestock Bovines Importation

Disease/Pest

Prevention

Importation requirements for bovines - certificate of veterinary

inspection, entry permit, identification

WA Wash. Admin. Code § 16-54-083 Livestock Bovines Importation

Disease/Pest

Prevention

Importation requirements for bovines - brucellosis testing, vaccination

WA Wash. Admin. Code § 16-54-085 Livestock Bovines Importation

Disease/Pest

Prevention

Importation requirements for bovines - tuberculosis

WA Wash. Admin. Code § 16-54-086 Livestock Bovines Importation

Disease/Pest

Prevention

Importation requirements for bovines - trichomoniasis

WA Wash. Admin. Code § 16-54-090 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats - certificate of veterinary inspection,

must be free from clinical signs or known exposure to any infectious or

communicable disease including, but not limited to, footrot, sore mouth,

and caseous lymphadenitis, testing for brucellosis, tuberculosis,

identification

WA Wash. Admin. Code § 16-54-101 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep - certificate of veterinary inspection,

identification, must be clinically free from the signs of infectious

diseases, including footrot, sore mouth, and caseous lymphadenitis,

originate from scrapie-free flock, Brucella ovis testing

WA Wash. Admin. Code § 16-54-105 Livestock Llamas, Alpacas Importation

Disease/Pest

Prevention

Importation requirements for llamas and alpacas - all llamas and

alpacas imported into Washington state shall be accompanied by a

health certificate stating that the animals are free from signs of or

exposure to infectious or communicable disease

WA Wash. Admin. Code § 16-54-111 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine, swine reproductive material - entry

permit, certificate of veterinary inspection, individual identification,

brucellosis, pseudorabies

WA Wash. Admin. Code § 16-54-145 Livestock

Poultry, Gamebirds,

Ratites, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry, ratites, and game birds - certificate

of veterinary inspection or other specified documentation required,

testing for Salmonella Pullorum, Avian influenza, and other diseases,

identification for ratites

WA Wash. Admin. Code § 16-54-160 Livestock Birds Except Poultry Importation

Disease/Pest

Prevention

Importation requirements for birds other than poultry including

psittacine birds - certificate of veterinary inspection, identification

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

WA Wash. Admin. Code § 16-54-170 Pets Dogs, Cats, Ferrets Inspection

Disease/Pest

Prevention

Importation requirements for dogs, cats, and ferrets - certificate of

veterinary inspection, rabies vaccination, heartworm testing or

preventative for some dogs

WA Wash. Admin. Code § 16-54-180 Live Animals

Exotic Animals,

Wildlife

Importation

Disease/Pest

Prevention

Importation requirements for exotic animals and wildlife - certificate of

veterinary inspection, entry permit, testing requirements (brucellosis,

tuberculosis, rabies, Elaphostrongylinae, equine infectious anemia,

pseudorabies)

WA Wash. Admin. Code § 16-752-620 Plants Plants, Seeds Importation

Disease/Pest

Prevention

Noxious weed restrictions - prohibited to transport, buy, sell, offer for

sale, or to distribute plants or plant parts of the regulated species listed

into or within the state of Washington or to sell, offer for sale, or

distribute seed packets of the seed, flower seed blends, or wildflower

mixes of these regulated species into or within the state of Washington

WA Wash. Admin. Code § 220-370-100 Aquaculture Fish Importation

Disease/Pest

Prevention

Marine finfish aquaculture - approval permit for marine finfish

aquaculture, importation

WA Wash. Admin. Code § 220-370-200 Aquaculture Shellfish Importation

Disease/Pest

Prevention

Importation requirements for aquatic invertebrates - unlawful for any

person to import into Washington or possess live imported aquatic

invertebrates, except market ready shellfish, without first obtaining an

aquatic invertebrate import permit issued by the department

WA Wash. Rev. Code § 16.36.140 Live Animals Live Animals Inspection

Disease/Pest

Prevention

Bringing an animal into the state - securing a certificate of veterinary

inspection required, exemptions

WA Wash. Admin. Code § 246-215-03220 Food Shellfish Sourcing Food Safety Shellfish sourcing requirements

WA Wash. Admin. Code § 246-215-03225 Food Mushrooms Sourcing Food Safety Wild mushroom sourcing requirements

WA Wash. Rev. Code § 39.26.260

Agricultural

Products

Agricultural Products Procurement Market Support Procurement preferences - in-state procurement

WI Wis. Stat. § 951.11 Pets

Chicks, Ducklings,

and Rabbits

Prohibition Animal Welfare Artificially colored animals sales prohibition

WI Wis. Stat. § 961.14 Drugs Kratom Prohibition Consumer Safety Recreational drug ban - kratom (mitragynine, 7-hydroxymitragynine)

WI Wis. Admin. Code ATCP § 10.06 Live Animals Live Animals Importation

Disease/Pest

Prevention

Certificate of veterinary inspection shall accompany every animal

imported - with exceptions

WI Wis. Admin. Code ATCP § 10.07 Live Animals Live Animals Importation

Disease/Pest

Prevention

Animal import requirements including permits

WI Wis. Admin. Code ATCP § 10.08 Live Animals Live Animals Importation

Disease/Pest

Prevention

Prohibition on moving diseased animals - anthrax, brucellosis, chronic

wasting disease, etc.

WI Wis. Admin. Code ATCP § 10.22 Livestock Bovines Importation

Disease/Pest

Prevention

Importation requirements for bovine animals - brucellosis, tuberculosis,

etc.

WI Wis. Admin. Code ATCP § 10.30 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - brucellosis, pseudorabies, etc.

WI Wis. Admin. Code ATCP § 10.36 Livestock Horses Importation

Disease/Pest

Prevention

Equine import requirements - equine infectious anemia

WI Wis. Admin. Code ATCP § 10.42 Livestock Poultry Importation

Disease/Pest

Prevention

Importation requirements for poultry - pullorum, fowl typhoid, etc.

WI Wis. Admin. Code ATCP § 10.55 Livestock Cervids Importation

Disease/Pest

Prevention

Cervid import requirements - chronic wasting disease, tuberculosis

WI Wis. Admin. Code ATCP § 10.62 Fish Fish Importation

Disease/Pest

Prevention

Fish import requirements - permit required with exceptions

WI Wis. Admin. Code ATCP § 10.69 Livestock Sheep Importation

Disease/Pest

Prevention

Importation requirements for sheep

100

Legislative Analysis of S.2019 / H.R.4417: The “Ending Agricultural Trade Suppression Act”

APPENDIX

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

WI Wis. Admin. Code ATCP § 10.76 Livestock Goats Importation

Disease/Pest

Prevention

Importation requirements for goats - tuberculosis

WI Wis. Admin. Code ATCP § 10.83 Livestock Ratites Importation

Disease/Pest

Prevention

Importation requirements for ratites

WI Wis. Admin. Code ATCP § 10.85 Livestock Camelids Importation

Disease/Pest

Prevention

South American camelid import requirements

WI Wis. Admin. Code ATCP § 21.10 Forestry Trees Importation

Disease/Pest

Prevention

Gypsy moth restrictions - import controls and quarantine

WI Wis. Admin. Code ATCP § 21.12 Forestry Trees Importation

Disease/Pest

Prevention

Pine shoot beetle restrictions - import controls and quarantine

WI Wis. Admin. Code ATCP § 21.13 Livestock Bees Importation

Disease/Pest

Prevention

Honeybee import requirements

WI Wis. Admin. Code ATCP § 21.16 Forestry Hemlock Trees Importation

Disease/Pest

Prevention

Hemlock woolly adelgid - import controls

WI Wis. Admin. Code ATCP § 21.18 Forestry Trees Importation

Disease/Pest

Prevention

Asian longhorned beetle - import controls and quarantine

WI Wis. Admin. Code ATCP § 21.19 Forestry Nursery Stock Importation

Disease/Pest

Prevention

Phytophthora ramorum - import controls and quarantine

WI Wis. Admin. Code ATCP § 21.21 Forestry Nursery Stock Importation

Disease/Pest

Prevention

Thousand cankers disease of walnut trees - import restrictions

WI Wis. Admin. Code ATCP § 21.22 Forestry Nursery Stock Importation

Disease/Pest

Prevention

Importation restrictions on pine nursery stock - Mountain Pine Beetle

WI Wis. Admin. Code ATCP § 94.01 Plants Plants, Plant

Products

Importation

Disease/Pest

Prevention

Plant inspection and pest control authority - importation restrictions

WI Wis. Admin. Code ATCP § 94.03

Agricultural

Products

Agricultural Products Importation

Disease/Pest

Prevention

Shipment of pests and biological control agents - permits

WI Wis. Stat. § 29.735 Fish Fish Importation

Disease/Pest

Prevention

Importation of non-native fish - permit required

WI Wis. Stat. § 94.76 Livestock Bees Importation

Disease/Pest

Prevention

Honeybee disease and pest control - import restrictions

WI Wis. Stat. § 16.75

Agricultural

Products

Agricultural Products Procurement Market Support Government procurement regulations

WI Wis. Stat. § 29.611 Food Ginseng Importation Sustainability Shipment and certification of origin required to import wild ginseng

WI Wis. Stat. § 94.50 Food Ginseng Importation Sustainability

Sale or shipment of cultivated ginseng - no person may import out-of-

state cultivated ginseng into this state, unless the imported shipment is

accompanied by a valid shipment certificate issued by the state of origin

WV W. Va. Code § 60A-4-413 Drugs Salvia Prohibition Consumer Safety Recreational drug ban - salvia

WV W. Va. Code § 19-13-7 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees - bees brought into state to carry

inspection certificate, commissioner to be notified, nterstate movement

of bees

WV W. Va. Code § 19-9-2(e) Live Animals Live Animals Importation

Disease/Pest

Prevention

Duties of commissioner - authority to prohibit the importation into this

State of animals and poultry, when necessary to prevent the spread of

disease

WV W. Va. Code § 20-2-13 Live Animals

Fish, Fish Eggs,

Wildlife

Importation

Disease/Pest

Prevention

Importation of wildlife, fish, fish eggs - certification and inspection of

imported wildlife, Viral Hemorrhagic Septicemia

WV W. Va. Code R. § 61-1-10 Livestock Livestock Importation

Disease/Pest

Prevention

Requirements for fairs, festivals, and purebred consignment sales -

certificate of veterinary inspection, tuberculosis, brucellosis, etc.

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State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

WV W. Va. Code R. § 61-1-14 Livestock Swine Importation

Disease/Pest

Prevention

Prohibition on sale, transfer, trade, importation, etc. of swine unless

tested negative for pseudorabies or meeting other conditions

WV W. Va. Code R. § 61-1-6 Live Animals Live Animals Importation

Disease/Pest

Prevention

Authority to quarantine improperly imported animals

WV W. Va. Code R. § 61-1-8 Live Animals Live Animals Importation

Disease/Pest

Prevention

Animal importation requirements - prohibition on importation of animals

infected with a communicable disease, exposed to disease, or from

quarantined area, requirements for cattle, goats, sheep, equines,

swine, wildlife, birds other than ratites, ratites, camelids, and dogs and

cats

WV W. Va. Code R. § 61-1-9 Livestock Livestock Importation

Disease/Pest

Prevention

Rules for livestock sales - brucellosis testing requirements,

identification for sheep and goats, equine infectious anemia testing

WV W. Va. Code R. § 61-14A-5 Plants Plants Importation

Disease/Pest

Prevention

Noxious weed restrictions - authority to quarantine, suppress, or

control, listed plants

WV W. Va. Code R. § 61-9-13 Plants Plants Importation

Disease/Pest

Prevention

Seed regulations - disclosure of treatment, germination standards,

labeling, reporting, noxious weed seeds, only certified seed potatoes

may be sold

WV W. Va. Code § 5A-3-37

Agricultural

Products

Agricultural Products Procurement Market Support

Reciprocal procurement preference - preference for resident vendors

for certain contracts

WV W. Va. Code § 19-16-2(s) Crops Potatoes Certification Quality standards Requirement that seed potatoes be certified, labeling requirements

WV W. Va. Code § 19-1A-3a(d)(4) Food Ginseng Importation Sustainability

Importation requirements for ginseng - dealer may not import out-of-

state ginseng into this state unless the ginseng is accompanied by a

valid export certificate issued by the state of origin

WY 040-0010 Wyo. Code R. § 10 Live Animals Wildlife Importation

Disease/Pest

Prevention

Interstate transportation requirements for live warm-blooded wildlife -

transport permit and veterinary certificate of inspection required

WY 051-0002-2 Wyo. Code R. § 6 Livestock Bovines Importation

Disease/Pest

Prevention

Brucellosis vaccination requirement for all sexually intact female

domestic Bovinae imported to Designated Surveillance Area

WY 051-0008-8 Wyo. Code R. § 11 Live Animals Live Animals Importation

Disease/Pest

Prevention

Prohibition on importation of animals affected with, or has recently

been exposed to any infectious, contagious, or communicable disease

or that originates from an area under Quarantine

WY 051-0008-8 Wyo. Code R. § 14 Livestock Cattle, Bison Importation

Disease/Pest

Prevention

Importation requirements for bison and cattle - certificate of veterinary

inspection, permit, identification, brucellosis, trichomoniasis,

tuberculosis

WY 051-0008-8 Wyo. Code R. § 15 Livestock Camelids Importation

Disease/Pest

Prevention

Importation requirements for camelids - certificate of veterinary

inspection, identification, tuberculosis, brucellosis

WY 051-0008-8 Wyo. Code R. § 17 Livestock Ratites Importation

Disease/Pest

Prevention

Importation requirements for flightless birds including emus, ostriches -

certificate of veterinary inspection, testing prior to entry for Avian

Influenza, Pullorum-Typhoid unless from NPIP clean flock

WY 051-0008-8 Wyo. Code R. § 18 Livestock Horses Importation

Disease/Pest

Prevention

Importation requirements for horses - certificate of veterinary

inspection, negative Equine Infectious Anemia test

WY 051-0008-8 Wyo. Code R. § 19 Livestock

Poultry, Hatching

Eggs

Importation

Disease/Pest

Prevention

Importation requirements for poultry and hatching eggs - certificate of

veterinary inspection or National Poultry Improvement Plan Form VS 9-

3, negative testing for Avian Influenza and other Poultry-specific

diseases, prohibition on importation from Quarantine area or control

zone

WY 051-0008-8 Wyo. Code R. § 20 Livestock Sheep, Goats Importation

Disease/Pest

Prevention

Importation requirements for sheep and goats - certificate of veterinary

inspection, import permit, Brucella melitensis, Brucella ovis (for sheep),

Scrapie, Show Lamb Fungus

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State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

WY 051-0008-8 Wyo. Code R. § 21 Livestock Swine Importation

Disease/Pest

Prevention

Importation requirements for swine - certificate of veterinary inspection,

import permit, identification, Brucellosis, pseudorabies, ban on swine

fed garbage

WY 051-0008-8 Wyo. Code R. § 7 Live Animals Live Animals Importation

Disease/Pest

Prevention

General animal import requirements - certificiate of veterinary

inspection and import permit or shipping number

WY 051-0008-8 Wyo. Code R. § 8 Live Animals Live Animals Importation

Disease/Pest

Prevention

Interstate Certificates of Veterinary Inspections (ICVI) & permit

requirements

WY Wyo. Stat. § 11-7-302 Livestock Bees Importation

Disease/Pest

Prevention

Importation requirements for bees - pre-import inspection, affidavit

WY Wyo. Stat. § 11-7-404 Livestock Bees Importation

Disease/Pest

Prevention

Bee quarantine, sanitization, and destruction authority

WY 010-0003-3 Wyo. Code R. § 10 Food Shellfish Sourcing Food Safety Shellfish sourcing requirements

WY 010-0003-3 Wyo. Code R. § 3 Food Mushrooms Sourcing Food Safety Wild mushroom sourcing requirements

WY 010-0003-3 Wyo. Code R. § 9 Food Fish Sourcing Food Safety Fish sourcing requirements

WY Wyo. Stat. § 16-6-104

Agricultural

Products

Agricultural Products Procurement Market Support Preference for Wyoming materials required in contracts

WY Wyo. Stat. § 16-6-105

Agricultural

Products

Agricultural Products Procurement Market Support

Preference for Wyoming materials and Wyoming agricultural products

required in public purchases

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State laws and regulations potentially affected by the EATS Act, listed by regulatory purpose

State Law/Regulation Potentially Impacted Industry Agricultural Product Regulation Type Purpose Description

CA Cal. Code Regs. tit. 3, § 1320.1 Food Eggs Prohibition Animal Welfare

Prohibition on sale of shell eggs or liquid eggs for human food if it is

the product of an egg-laying hen confined in an enclosure that fails to

CA Cal. Code Regs. tit. 3, § 1321.1 Food Meat Prohibition Animal Welfare

Prohibition on sale of meat from calf confined in an enclosure that fails

to comply with standards

CA Cal. Code Regs. tit. 3, § 1322.1 Food Meat Prohibition Animal Welfare

Prohibition on sale of whole pork meat for human food if the whole pork

meat is the product of a breeding pig, or the product of the immediate

offspring of a breeding pig, that was confined at any time during the

production cycle for said product in an enclosure that fails to comply

with standards

CA Cal. Health & Safety Code § 25982 Food Foie Gras Prohibition Animal Welfare Prohibition on sale of foie gras

CA Cal. Health & Safety Code § 25996 Food Eggs Prohibition Animal Welfare

Prohibition on sale or contract for sale of shelled eggs for human

consumption for failure to comply with animal care standards

CA Cal. Penal Code § 598c Livestock Equines Prohibition Animal Welfare Prohibition on Importation of horses for slaughter

CO Colo. Rev. Stat. § 35-21-203 Livestock Poultry Prohibition Animal Welfare Confinement of egg-laying hens - sale of eggs in Colorado

CO Colo. Rev. Stat. § 35-80-108 Pets

Dogs, Cats, Birds,

Turtles, Rabbits,

Other Animals

Prohibition Animal Welfare Unlawful to import certain animals

IL Ill. Admin. Code tit. 8, pt. § 25.50 Live Animals Live Animals Transportation Animal Welfare Animal welfare - transportation requirements

MA Mass. Gen. Laws ch. 129 App., § 1-3 Food Eggs, Veal, Pork Prohibition Animal Welfare Sale of products of covered animals confined in cruel manner

WI Wis. Stat. § 951.11 Pets

Chicks, Ducklings,

and Rabbits

Prohibition Animal Welfare Artificially colored animals sales prohibition

AL Ala. Admin. Code r. 80-1-6-.07 Fertilizer Soil and Fertilizer Labeling

Consumer

Protection

Special labeling required for fertilizer containing economic poisoning

FL Fla. Admin. Code r. 5B-33.003 Crops Potatoes Quality Standards

Consumer

Protection

Requirements for sale of seed potatoes

FL Fla. Admin. Code r. 5B-54.003 Livestock Bees Importation

Consumer

Protection

Prohibition on Africanized Bees

IA Iowa Code § 205.5 Nuts Bitter Almonds Prohibition

Consumer

Protection

Prohibition on sale of bitter almonds

IL 410 Ill. Comp. Stat. § 637/5 Food Food Labeling

Consumer

Protection

Halal Food Act - regulates use of terms related to "Halal" to protect

consumers from fraud

IL 410 Ill. Comp. Stat. § 645/1 Food Food Labeling

Consumer

Protection

Kosher Food Act - regulates use of terms related to "Kosher" to protect

consumers from fraud

IL Ill. Admin. Code tit. 8, pt. 60.50 Livestock Bees Importation

Consumer

Protection

Bee equipment treatment requirements prior to entry, prohibition on

exotic strains, Africanized honey bee regulations

MD Md. Code, Com. Law § 14-3602 Food Food Labeling

Consumer

Protection

Halal food labeling regulations

MD Md. Code, Com. Law § 14-904 Food Food Labeling

Consumer

Protection

Kosher food labeling regulations

MD Md. Code, Com. Law § 14-905

Agricultural

Products

Mezuzah, Tefillin Labeling

Consumer

Protection

Kosher labeling regulations for mezuzah and tefillin

MN Minn. R. 1510.2320 Crops Potatoes Quality Standards

Consumer

Protection

Certification of seed potatoes grown outside of Minnesota

MS Miss. Code R. § 2-1-4-02-101 Fish Catfish Importation

Consumer

Protection

Labeling requirements for Catfish products

MS Miss. Code R. § 2-1-4-03-101 Fish Tilapia Importation

Consumer

Protection

Labeling requirements for Tilapia products

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