August 7, 2018 - Washington—Senator Dianne Feinstein (D-Calif.) joined with 31 other senators to call on Senate Agriculture Committee leaders to reject the King amendment in the farm bill. The amendment, offered by Congressman Steve King (R-Iowa), would force states to accept agriculture products that violate state and locals laws.

            “If enacted, this amendment would undermine numerous state laws and infringe on the fundamental rights of states to establish regulations within their own borders,” the senators wrote. “We want to thank you for not including this provision in the Senate bill, and strongly encourage you to reject this provision in any form in the final conference report.”

            Full text of the letter follows:

August 2, 2018

The Honorable Pat Roberts
Chairman
Senate Committee on Agriculture, Nutrition and Forestry
328A Senate Russell Building

The Honorable Debbie Stabenow
Ranking Member
Senate Committee on Agriculture, Nutrition and Forestry
328A Senate Russell Building
Dear Chairman Roberts and Ranking Member Stabenow,

            We write today expressing our strong opposition to Representative Steve King’s amendment, which was included in the House-passed farm bill. If enacted, this amendment would undermine numerous state laws and infringe on the fundamental rights of states to establish regulations within their own borders. We want to thank you for not including this provision in the Senate bill, and strongly encourage you to reject this provision in any form in the final conference report.

            The King amendment, also known as the “Protect Interstate Commerce Act” (H.R. 4879), would drastically broaden the scope of federal preemption of state and local agricultural laws. The language aims to force states and local governments to accept products from other states that violate standards and regulations enacted in the importing state. These state and local laws were enacted to address concerns relating to the protection of consumers, farmers, workers, the environment, and more. Overriding these laws is wrong, both as a matter of federalism and public policy, and we should not enact this overhaul of state and local regulatory power.

            Furthermore, the provision is drafted in an expansive manner that could undermine an enormous number of state laws, including many that extend far beyond agriculture. The scope of impacted laws includes measures aimed at protecting states from invasive pests, infectious disease regulations, health and safety standards, consumer information safeguards, food quality and safety regulations, animal welfare standards, narcotics laws, and fishing regulations. Below are just a few of the many areas that could be impacted by the provision:

            Arkansas, Connecticut, Florida, Illinois, Indiana, Massachusetts, Minnesota, New York, Oregon, Utah, Vermont and Wisconsin have laws that restrict the importation of firewood from other states or regions in order to prevent the spread of invasive pests and diseases that can devastate local ecosystems. Additionally, 23 states have restrictions on the importation of Ash trees in order to prevent the spread of the emerald ash borer. Alabama, Florida, Louisiana, South Carolina and Texas have passed laws to prevent the spread of the Asian citrus psyllid, which causes citrus greening, and many other states have implemented regulations in order to protect iconic species of trees that grow in various regions of the United States.

            Alabama, California, Georgia, New Jersey and Ohio have laws prohibiting infant formula from being sold beyond the expiration date in order to protect the health of infants. Connecticut, Illinois, Maine, Minnesota, Nevada and Vermont have laws prohibiting the sale of jars of baby food that contain bisphenol A in order to protect the health of children.

            Several states have laws governing tobacco products or have implemented regulations on recreational and medicinal drugs, such as bans or partial bans on salvia (Salvia divinorum). These laws are aimed at protecting public health and preventing drug addiction.

            Dozens of states have enacted animal welfare and food safety laws, including labeling, sale of expired food, cage and housing requirements for animals, and sourcing requirements.

            Due to these concerns, we respectfully ask that you reject inclusion of this provision in any form, as you did in the 2014 farm bill. Thank you and we look forward to working with you to pass a bipartisan farm bill this year.

Sincerely,

Dianne Feinstein
United States Senator

Kamala D. Harris
United States Senator

Robert P. Casey Jr.
United States Senator

Chris Van Hollen
United States Senator

Edward J. Markey
United States Senator

Robert Menendez
United States Senator

Ron Wyden
United States Senator

Jeffrey A. Merkley
United States Senator

Jack Reed
United States Senator

Patty Murray
United States Senator

Richard Blumenthal
United States Senator

Elizabeth Warren
United States Senator

Maria Cantwell
United States Senator

Tom Udall
United States Senator

Bernard Sanders
United States Senator

Kirsten Gillibrand
United States Senator

Christopher Murphy
United States Senator

Cory A. Booker
United States Senator

Catherine Cortez Masto
United States Senator

Tammy Duckworth
United States Senator

Sheldon Whitehouse
United States Senator

Benjamin L. Cardin
United States Senator

Patrick J. Leahy
United States Senator

Susan M. Collins
United States Senator

Gary C. Peters
United States Senator

Tina Smith
United States Senator

Maggie Hassan
United States Senator

Tim Kaine
United States Senator

Angus S. King, Jr.
United States Senator

Richard J. Durbin
United States Senator

Mazie K. Hirono
United States Senator

Bill Nelson
United States Senator
Source: Senator Dianne Feinstein