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UPDATE: The King Amendment was removed from the U.S. Farm Bill; the U.S. Farm Bill passed and was signed into law.
BACKGROUND AND OVERVIEW - U.S. FARM BILL
Typically renewed every 5 years by the United States Congress, the Farm Bill "makes amendments and suspensions to provisions of permanent law, reauthorizes, amends, or repeals provisions of preceding temporary agricultural acts, and puts forth new policy provisions for a limited time into the future." (Wikipedia) In 2013, Rep. Steve King (R-Iowa) introduced, and the U.S. House of Representatives passed, what is called the "King Amendment." This Amendment is Section 11312 of H.R. 2642, Federal Agriculture Reform and Risk Management Act of 2013 (the House version of the Farm Bill). To read the actual language, scroll down. NOTE: The King Amendment passed the House Agriculture Committee and the U.S. of Representatives, which is why it was included in the House version of the Farm Bill. The King Amendment was not included in the Senate version. The King Amendment was removed from the U.S. Farm Bill before the Bill was passed by both bodies.
What the King Amendment aimed to do The King Amendment was broadly written (see full text below). Because the language was broad and vague, it had the potential to nullify many state laws that provide protection and safety to animals, food, labor, the environment and other concerns. Here's how: The King Amendment stated that "the government of a State or locality therein shall not impose a standard or condition on the production or manufacture of any agricultural product sold or offered for sale in interstate commerce if —
In other words, the King Amendment was trying to establish federal supremacy. It violated the tenets of the Tenth Amendment by forcing states to allow commerce in products they have already banned — "regardless of how dangerous, unethical or unsafe that product may be." (Huff Post)
"It is hard to overstate the devastating potential of Rep. Steve King’s (R-IA) Farm Bill language. The King Amendment essentially forbids states from applying their own safety and welfare regulations to any “agricultural products” from out of state - including animals raised for food, eggs, and milk and even puppies and kittens sold to pet stores. It would nullify many of the hard-fought victories won by animal advocates to protect calves, hens, pregnant sows, and other animals — including California’s foie gras ban, state-level gestation crate bans, as well as state laws cracking down on puppy mills and banning horsemeat and even dog meat sales. All could be eliminated by the current U.S. Farm Bill containing the King Amendment.” NOTE: Many of the larger puppy and kitten mills are located in rural, agricultural areas. Many of the puppies and kittens produced at these facilities are shipped across state lines to pet stores throughout the United States.
Opposition to the King Amendment A broad coalition of individuals and organizations representing sustainable agriculture, consumer, environmental, animal welfare, labor and other interests urged conference committee members to remove the King Amendment from the Farm Bill. The Animal Legal Defense Fund (ALDF), the Humane Society of the United States (HSUS), the American Society for the Prevention of Cruelty to Animals (ASPCA), Farm Sanctuary, the Center for Biological Diversity, the Center for Food Safety, the Center for Human Rights and Constitutional Law, Sierra Club, the Institute for Agriculture and Trade Policy, and countless others expressed opposition to the Amendment. Attached is one list of organizations. The National Conference of State Legislatures also expressed their opposition to the King Amendment: "The Tenth Amendment is the corner stone of constitutional federalism and reserves broad powers to the states and to the people. States have used this sovereignty to enact laws that protect their citizens from invasive pests and livestock diseases, maintain quality standards for all agricultural products and ensure food safety and unadulterated seed products. The King Amendment, not only violates the tenets of the Tenth Amendment, but would also significant economic effects across the states." (Statement, National Conference of State Legislators, 08/05/13) "The King Amendment is a violation of state's rights and flies in the face of our system of government. One person is attempting to substitute his judgment for that of over 7,000 elected legislators who develop laws and policies that are responsive to local market conditions and more nimble responses to emerging public welfare, health, safety, and security issues," said Minnesota State Senator Scott Dibble. "It is incumbent on all of us to pay close attention to this debate. It is breathtaking that an idea such as this is actually moving through one chamber of Congress." (Los Angeles Times 08/13/13) The Fraternal Order of Police condemned the amendment too, "citing its concern that states must be able to have their own anti-cruelty laws. The National Fallen Firefighters Foundation and 21 other fire and emergency services organizations also appealed to Congress expressing their opposition, since, tobacco being an agricultural product, King's Amendment could nullify state laws regarding fire-safe cigarettes." (Huff Post 08/29/13) More than 160 House Democratic and Republican lawmakers wrote to the leadership of their chamber's Agriculture Committee and expressed opposition to the King Amendment.
Text of Section 11312 - King Amendment Link to H.R. 2642, the Federal Agriculture Reform and Risk Management Act of 2013 (known as the House version of the Farm Bill). Below is the text of the King Amendment, Section 11312, found in the House version of the Farm Bill:
NOTE: The definition of agricultural product, referred to above, is found in the US Code:
NOTE: From the text above, the "production of any agricultural product" could forbid states from enforcing laws on not just farmed animals, but for a wide range of agricultural products, even fruits and vegetables — and puppies, kittens or other companion animals bred in state (zoned agricultural) and then sold across state lines.
Background - Rep. Steve King Rep. Steve King, a Republican Representative from Iowa, has a history of attempting to block animal welfare laws. Rep. King has:
On his website, Rep. King states: "PICA will ensure that radical organizations like the Humane Society of the United States (HSUS) and PETA are prohibited from establishing a patchwork of restrictive state laws aimed at slowly suffocating production agriculture out of existence."
Additional articles Some articles are posted in the above text with links. • HSUS/HSLF: Fact Sheet - Oppose the King Amendment to the Farm Bill • The Hill: Reject King amendment to the Farm Bill • Washington Post: An amendment that hurts chickens — and Americans • Comedian Stephen Colbert: Skit mocks Rep King's amendment • Washington Post: Steve King's inhumane farm bill measure • AgriPulse: Humane Society continues to urge lawmakers to drop King amendment • Yale Daily News: Morris: Nix the King Amendment • ASPCA: Action Alert - Oppose the King Amendment to the Farm Bill • ALDF: Your voice can fix the dangerous King Amendment • TakePart: Playing chicken with the Farm Bill |
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