Cecily Zamora
The Farm Bill is a piece of US legislation that is updated and renewed approximately every five years. The bill covers a range of topics, including agricultural production, food safety, and pesticide use. While the Farm Bill is federal legislation, there is some ambiguity over whether it can preempt state and local laws. For example, the Right to Farm Act (RTFA) can preempt some local regulation authority, but not all. Similarly, the Ending Agricultural Trade Suppression (EATS) Act and the Agricultural Labelling Uniformity Act, which are currently being considered for inclusion in the 2024 Farm Bill, would threaten the authority of state and local governments to regulate agricultural production and pesticide use. On the other hand, the Farm Bill does not preempt states from restricting retail sales of intoxicating hemp-derived products, as ruled by the United States Court of Appeals for the Fourth Circuit.
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What You'll Learn
- The Ending Agricultural Trade Suppression (EATS) Act and Agricultural Labelling Uniformity Act threaten local authority over pesticide use and agricultural production
- The Farm Bill doesn't preempt states from restricting retail sales of hemp-derived products, giving them primary regulatory authority over the production of hemp
- The Farm Bill authorises disaster assistance programs for agricultural producers in their recovery from crop, land, infrastructure, and livestock losses due to natural disasters
- The Farm Bill is updated every five years
- The Farm Bill is proposed, debated, and passed by Congress before being signed into law by the President
The Ending Agricultural Trade Suppression (EATS) Act and Agricultural Labelling Uniformity Act threaten local authority over pesticide use and agricultural production
The Ending Agricultural Trade Suppression (EATS) Act and the Agricultural Labelling Uniformity Act threaten local authority over pesticide use and agricultural production. The EATS Act would prohibit state and local governments from establishing laws and standards on any agricultural products produced in another state and sold in interstate commerce. It would also grant private parties the power to legally challenge any state or local law that regulates agricultural products sold in interstate commerce. This could lead to an increase in frivolous legal action, escalating legal costs for county governments.
The Agricultural Labelling Uniformity Act and other Farm Bill provisions could result in the immediate removal of protections for communities across the country, putting residents at risk. Hundreds of counties across the country have set standards for pesticides that go beyond FIFRA, including restricting pesticide use around schools and parks, protecting drinking water supplies, and implementing safety guidelines for workers. Federal preemption of county authority through the Agricultural Labelling Uniformity Act could remove these protections.
The EATS Act and the Agricultural Labelling Uniformity Act would threaten the relationship between county, state, and federal governments by preempting state and local regulatory authority. County governments have historically exercised authorities guaranteed under the 10th Amendment to address specific local needs not met by federal laws and regulations. County officials, being closest to the people, understand the unique needs of their communities and are empowered to act to protect the safety and well-being of their residents.
Supporters of the EATS Act and the Agricultural Labelling Uniformity Act are working to include these bills in the 2024 Farm Bill, which would represent a serious threat to the sovereignty of county governments. However, opponents of these bills urge members of Congress to protect local authority and decision-making on agricultural production, food safety, and pesticide use by opposing their inclusion in the 2024 Farm Bill.
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The Farm Bill doesn't preempt states from restricting retail sales of hemp-derived products, giving them primary regulatory authority over the production of hemp
The Farm Bill is a federal law that was enacted in 2018. It legalises hemp and hemp-derived products, such as CBD, by removing them from the definition of marijuana in the CSA. However, this does not mean that individuals or businesses are free to grow and sell hemp products without any restrictions. The Farm Bill itself contains numerous restrictions on hemp cultivation and production, and it does not preempt states from creating their own additional restrictions.
One example of a federal restriction on hemp is the limit on the amount of THC that hemp can contain. Hemp is only considered legal if it contains less than 0.3% THC. Any cannabis plant with more than this amount of THC is considered marijuana under federal law and is therefore illegal.
While the Farm Bill legalises and regulates hemp at the federal level, it does not prevent individual states from enacting their own, more stringent regulations on hemp-derived products. This is known as "primary regulatory authority". In other words, states have the power to restrict the retail sales of hemp-derived products beyond what is outlined in the Farm Bill.
For example, in Virginia, a state law (SB 903) was passed limiting the amount of THC in hemp products to no more than two milligrams per package. This law was challenged in court, with plaintiffs arguing that the Farm Bill does not allow state governments to define what constitutes hemp or restrict THC products that are not outlawed by federal law. However, the United States Court of Appeals for the Fourth Circuit ruled in favour of Virginia, stating that the Farm Bill expressly permits states to regulate the production of hemp more stringently than federal law.
This decision sets a precedent for other states, indicating that they can adopt regulations limiting hemp-derived products beyond what is outlined in the Farm Bill. This gives states significant power in the regulation of hemp and ensures that they can address specific local needs and protect the safety and wellbeing of their residents.
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The Farm Bill authorises disaster assistance programs for agricultural producers in their recovery from crop, land, infrastructure, and livestock losses due to natural disasters
The Farm Bill authorises disaster assistance programs to help agricultural producers recover from crop, land, infrastructure, and livestock losses due to natural disasters. These programs provide financial assistance and other resources to help producers mitigate the impacts of natural disasters and get their operations back on track.
The Emergency Forest Restoration Program (EFRP), for example, offers financial assistance to eligible private forest landowners to restore forests damaged by natural disasters, such as fires, floods, and insect infestations. Similarly, the Tree Assistance Program (TAP) provides financial support to orchardists and nursery tree growers to replant or rehabilitate trees, bushes, and vines damaged by natural disasters.
The Farm Bill also includes the Emergency Conservation Program (ECP), which provides funding for farmers and ranchers to repair or replace fences damaged by natural disasters and implement emergency water conservation measures during droughts. The Environmental Quality Incentives Program (EQIP) is another program that provides financial and technical assistance to agricultural producers to implement land improvements, which can be crucial in disaster recovery.
In addition to these programs, the Farm Bill authorises the Emergency Loan Program, which provides loans to help producers recover from production and physical losses due to natural disasters. This program can help producers replace essential property, purchase livestock, equipment, feed, and seeds, and cover other expenses incurred during the disaster.
The specific programs available to agricultural producers may vary depending on the region and the nature of the disaster. However, the overall goal of the disaster assistance programs authorised by the Farm Bill is to provide support and resources to help producers recover and rebuild after experiencing crop, land, infrastructure, and livestock losses due to natural disasters.
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The Farm Bill is updated every five years
The Farm Bill is a comprehensive piece of legislation that has a significant impact on agricultural practices and policies in the United States. It covers various aspects, including farming livelihoods, how food is grown, and the types of foods that are cultivated. Given the dynamic nature of agriculture and the need to adapt to changing circumstances, it is essential that the Farm Bill is periodically reviewed and updated to remain relevant and effective.
For this reason, the Farm Bill undergoes reauthorization approximately every five years. This process involves drafting and enacting a new Farm Bill to replace the previous one, ensuring that the legislation keeps pace with the evolving needs and challenges of the agricultural sector. The reauthorization phase is a collaborative effort that begins with hearings where members of Congress gather input from the public to understand their expectations and priorities for the upcoming bill.
The House and Senate Agriculture Committees then initiate the legislative process by drafting, debating, and amending separate bills. These bills are subsequently presented to the full House of Representatives or Senate for further discussion, amendments, and voting. Once both chambers have passed their respective versions of the bill, a conference committee works to reconcile the differences between the two bills, leading to the creation of a unified Farm Bill.
The final version of the bill is then voted on by both chambers, and upon passage, it is signed into law by the President. At this point, the Farm Bill enters the appropriations phase, where funding is allocated in the yearly federal budget to support the programs outlined in the legislation. While some programs receive guaranteed funding through entitlement structures, others are subject to discretionary spending decisions made by agriculture appropriators each year.
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The Farm Bill is proposed, debated, and passed by Congress before being signed into law by the President
The Farm Bill is a comprehensive piece of legislation that goes through a rigorous process of proposal, debate, and approval before becoming law. This process typically occurs every five years, with the bill being proposed, debated, and passed by Congress before the President signs it into law.
The process begins with hearings where members of Congress gather input from the public to understand their perspectives and needs regarding agricultural policies. House and Senate Agriculture Committees then draft, debate, amend, and pass separate bills. These bills are then sent to the full Congress, where they are debated, amended further, and voted on by the House and Senate.
After both chambers have passed their respective versions of the bill, a conference committee works to reconcile the differences and create a single, unified bill. This combined version is then sent back to the House and Senate floors for further debate and a final vote. If approved, the bill is sent to the President for their signature.
The President can choose to sign the bill into law or veto it and send it back to Congress for revisions. Once signed into law, the Farm Bill guides agricultural policies and programs for the next five years. The most recent Farm Bill, the Agriculture Improvement Act of 2018, was enacted in December 2018 and will expire in 2023.
While the Farm Bill establishes federal guidelines and programs, it is worth noting that states retain regulatory authority in certain areas. For example, the federal court has ruled that states can adopt stricter regulations regarding the retail sales of hemp-derived products than those outlined in the Farm Bill. Additionally, the Right to Farm Act can preempt local regulation authority in specific instances, but not all local regulations are superseded.
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Frequently asked questions
The Farm Bill is a piece of US legislation that is proposed, debated, and passed by Congress before being signed into law by the President. The bill is updated and renewed approximately every five years.
The Farm Bill does not preempt states from restricting retail sales of hemp-derived products. The United States Court of Appeals for the Fourth Circuit ruled that states can adopt regulations limiting hemp-derived products in more stringent ways than those enacted by the federal Farm Bill. However, states may not prohibit the interstate transportation or shipment of hemp that complies with federal law.
The 2018 Farm Bill was extended through September 2024, and then further extended through September 30, 2025. The 2023 Farm Bill has been stalled for over a year due to policy disagreements between negotiators. It is uncertain if a new reauthorization will be passed this year.
