Subject: FTCLDF EATs Act Survey Results and Update on Oregon CAFO Lawsuit

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EATS Act Member Survey Results;
Update on Oregon CAFO Lawsuit

Dear Friend,

I have some important updates to share with you.


The first quarter of the year is when most state legislatures are in session. That's when we send the most Action Alerts. We know you care deeply about independent farmers, homesteaders and cottage food makers, so please keep an eye open for notices in the coming months. You will only receive emails on proposed bills or rules that are pertinent to your state or are national in scope.


There is strength in numbers; let your voice be heard.


EATS Act Survey Results


A few weeks ago we asked our members to share their thoughts on the EATS Act. The acronym stands for “Ending Agricultural Trade Suppression,” and this proposed act is an important piece of legislation for independent farmers and ranchers.


The proposed EATS Act is part of 2023 Farm Bill federal legislation and seeks to use federal law to override the ability of individual states to regulate health, food safety, and humane standards for the in-state production and sale of various food products.


The Majority of Respondents Say "NO" to the EATS Act

87.2% of survey respondents said they believed that states should be free to set agricultural standards for products sold in their state regardless of the impact on out-of-state producers.

Only 22% found that states’ ability to pass such laws needs to be constrained.


Most members commented that they preferred less government involvement, including the proposed federal legislation,

though members also supported states’ rights.


While this particular bill is a complicated matter, for those who wish to weigh in, as always FTCLDF urges you to have your voice heard. Please contact your federal legislators..

Update on Oregon CAFO Lawsuit


As many FTCLDF readers are aware, the OR Department of Agriculture recently insisted that small dairies, and potentially small animal operations (think backyard chickens), need to obtain a CAFO permit to operate in the state of Oregon.


CAFO typically stands for Concentrated Animal Feeding Operation, and Oregon adds that to the definition any “Confined Animal Feeding Operation.” This requires a special water discharge permit, even if a small producer is emptying discharge from cleaning a milk bucket used to milk one dairy cow.


On January 23, 2024, four raw dairy farmers, represented by the Institute for Justice, filed a lawsuit challenging the Oregon Department of Agriculture’s recent proclamation that these small operations must obtain a CAFO permit. FTCLDF supports this lawsuit and will continue to work with these producers and the Institute for Justice in standing up for the rights of small producers.


The producers alleged a violation of equal protection and due process in violation of the U.S. Constitution’s Fourteenth Amendment. FTCLDF supports these producers and this litigation possible. FTCLDF will keep its readers and members informed as the case progresses.


If you are a current FTCLDF Member in Oregon and have any interest in discussing your options, please email info@farmtocosumer.org and let us know you'd like to learn more.

In good health,


Alexia Kulwiec
Executive Director, FTCLDF

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