Opinion: This hidden provision in the farm bill could wipe out hundreds of state laws

A provision buried in drafts of the House farm bill could erase more than 600 state laws — covering everything from animal welfare to disease control — if the Senate allows it to stand.

The farm bill is one of Congress’s largest and most important pieces of legislation, funding nutrition assistance, farm subsidies and conservation programs. But in recent years it has also become a vehicle for unrelated policy priorities. This year’s version includes a sweeping and controversial measure, dubbed “Save Our Bacon” by its backers, that would prevent states from regulating the sale of live animals and agricultural products produced in other states.

If enacted, the provision would override laws passed by voters and legislatures across the country. States including California and Massachusetts, for example, have banned some of the most extreme forms of animal confinement, such as gestation crates for pigs and battery cages for egg-laying hens. They have also required that products sold within their borders meet those standards, regardless of where they are produced — policies that voters approved by wide margins.

It’s easy to be “in the know” about what’s happening in Washington, D.C. Sign up for a FREE month of  Agri-Pulse news! Simply click here   

Rather than adapting to these requirements, segments of the livestock industry have spent years trying to overturn them. They challenged the laws in court, arguing that they interfered with interstate commerce. In 2023, the Supreme Court rejected that argument, affirming that states can set standards for products sold within their borders, even if those standards have ripple effects beyond state lines.

After losing in the courts, industry groups and their allies in Congress pursued federal legislation to preempt state authority. Those efforts repeatedly failed as standalone bills, drawing opposition from both Democrats and Republicans. Now, the same policy has been inserted into the must-pass farm bill, shielded from scrutiny and packaged alongside critical programs that lawmakers are reluctant to oppose.

The consequences would be far-reaching. A recent analysis by Harvard Law School found that the provision could nullify more than 600 state laws across the country, in both red and blue states. These include not only animal welfare standards but also measures designed to prevent the spread of livestock diseases, protect wildlife populations such as elk and bison, and safeguard public health.

This is not simply a debate about agriculture. It is a fundamental question about federalism. For decades, states have served as laboratories of democracy, especially in areas where federal regulation is limited or gridlocked. Here, Congress is poised to do the opposite: to block states from acting, even when the federal government declines to do so itself.

That tension should concern lawmakers across the political spectrum. Many of the same leaders who champion states’ rights in other contexts are now backing a provision that would override state laws nationwide, undermining the authority of voters and legislatures alike.

Supporters argue that a patchwork of state regulations creates burdens for producers. But the Supreme Court has already made clear that states can apply their laws evenhandedly without violating the Constitution. And businesses routinely have to follow differing state laws regarding environmental protection and consumer safety. Agriculture should not be uniquely exempt.

Importantly, rejecting this provision would not put essential programs at risk. Congress has extended previous farm bills multiple times, including the current 2018 law, to maintain funding for nutrition assistance and conservation programs while negotiations continue. The Senate can do so again if necessary.

The choice before lawmakers is straightforward. They can pass a farm bill that supports farmers and families without undermining state authority — or they can use it to quietly dismantle hundreds of laws that Americans have already chosen for themselves.

At present, the Senate farm bill base text won't include the Save Our Bacon Act, which would wipe out state bans on pork from crated pigs. Senate Ag Committee Chair John Boozman said it's too controversial to include. But the fight is far from over, and it’s likely Sens. Chuck Grassley and Joni Ernst will continue to push for this amendment’s inclusion. 

This must not happen. A farm bill should not come at the cost of erasing state policymaking across the country.

Matthew Hayek is associate professor of environmental studies and coordinator of the Food Impact Program at New York University.

Jeff Sebo is associate professor of environmental studies and director of the Center for Environmental and Animal Protection at New York University. He is the author of The Moral Circle and Saving Animals, Saving Ourselves.