Federal Request for Information on State Regulation and Interstate Commerce

The U.S. Department of Justice (DOJ), in coordination with the National Economic Council, issued a Request for Information (RFI) seeking public input on state laws, regulations, and practices that may significantly and adversely affect the national economy or interstate commerce. 

The RFI, issued on August 15, 2025, invites comments on the following:

• Which State laws significantly burden commerce in other States and between States, thus raising costs unnecessarily and harming markets nationwide
• Whether the laws identified may be preempted by existing Federal authority and, if so, what authority
• Whether there may be Federal legislative or regulatory means for addressing the State laws identified or the burdens they cause
• Which Federal agency has the subject-matter expertise to address concerns lawfully within the Federal government’s authority

The RFI is particularly relevant to industries facing a patchwork of state regulations, most notably the food and beverage sector. Over 350 state bills related to food safety have been introduced during the 2025 legislative session and 73 were enacted as of August 2025, reports the National Environmental Health Association (NEHA).

Comments are due by September 15, 2025.