Grassley proposes overturning California livestock regulations

DES MOINES — Republican Iowa U.S. Sen. Chuck Grassley said he's working on legislation to overturn California's Proposition 12, an animal welfare law recently upheld by the U.S. Supreme Court that opponents say will throttle the pork industry.

Grassley said the proposal will be a reintroduction of the Exposing Agricultural Trade Suppression (EATS) Act, a Republican-backed bill introduced in 2021 that did not pass. Republican U.S. Rep. Ashley Hinson, of Marion, proposed the bill in the House, while Republican U.S. Sen. Roger Marshall of Kansas led the Senate proposal.

"I'm working with my colleagues on a bill to reverse the effects of Proposition 12, and put an end to California's war on breakfast," Grassley told reporters Wednesday.

The bill would prohibit states from imposing regulations on the production of agricultural products if those products originate outside the state.

U.S. Sen. Joni Ernst, R-Iowa, also co-sponsored the 2021 bill. A spokesperson said Wednesday she is in discussions regarding legislation similar to the EATS Act.

California's law regulates the humane conditions of calves raised for veal, laying hens and birthing sows whose products are sold in the state, including those produced in other states. The Supreme Court last week denied a challenge from national farm groups that said it violated the Constitution's prohibition on states restricting interstate commerce.

The law requires that sows that give birth to pigs sold for pork in California be given at least 24 square feet of space and the ability to stand up and turn around in their cage. Farm groups argued it will require farmers to spend millions retrofit their operations to comply, even if all their products are not destined for California — pushing up pork prices nationally.

In his majority opinion, Justice Neil Gorsuch said California voters have a right to regulate products sold within the state’s borders, but also noted Congress has the authority to overturn those regulations.

Grassley, who sits on the Senate Agriculture Committee, said Congress could work the proposal into the upcoming farm bill.

"With the reauthorization of the farm bill this year, Congress has a good opportunity to weigh in on this process and reverse Proposition 12 and help Iowa pork producers," Grassley said.

The farm bill, a sprawling agriculture bill reauthorized every five years, contains several divisions dealing with crop insurance, nutrition assistance, forestry and conservation. Last authorized in 2018, Congress will need to craft and pass a new farm bill this fall.