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Nebraska’s Congressional Delegation Supports the EATS Act Which Takes Aim at California’s Proposition 12 Ruling

LINCOLN, NEB. – Nebraska Farm Bureau thanks Nebraska’s Congressional delegation for their support of the Ending Agricultural Trade Suppression (EATS) Act. This important legislation looks to address the significant uncertainty created by the U.S. Supreme Court’s ruling upholding California’s Proposition 12.

“We know this ruling will have a devastating impact in Nebraska. The ability of farmers and ranchers to be innovative and dictate production practices, allows Americans to have a wide array of food choices at a wide array of costs. We thank Senators Deb Fischer and Pete Ricketts and Representatives Mike Flood, Don Bacon, and Adrian Smith for supporting this solution to this dangerous and misguided California regulation that threatens farmers, consumers, and the long-term viability of our food system,” said Mark McHargue, president of the Nebraska Farm Bureau.

Proposition 12 was originally passed by California voters back in 2018. The law defined a minimum amount of space that is required in food animal production for products grown both inside and outside of the state. This move effectively forces the rest of the country to adopt California’s new animal welfare standards, adding significant costs to both producers and consumers. The EATS Act respects state autonomy, but reenforces the U.S. Constitution’s dictate that interstate commerce is only to governed by the federal government.

“It is essential that consumers around the country understand that California’s Proposition 12 puts our food system at risk. As we’ve said many times before, food security is national security and allowing the law to move forward effectively allows food production standards for the entire country to be set by a simple majority of voters who voted in the 2018 election in another state,” said McHargue.

The Nebraska Farm Bureau is a grassroots, state-wide organization dedicated to supporting farm and ranch families and working for the benefit of all Nebraskans through a wide variety of educational, service, and advocacy efforts. More than 51,000 families across Nebraska are Farm Bureau members, working together to achieve rural and urban prosperity as agriculture is a key fuel to Nebraska’s economy. For more information about Nebraska Farm Bureau and agriculture, visit

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