[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2019 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2019

  To prevent States and local jurisdictions from interfering with the 
  production and distribution of agricultural products in interstate 
                   commerce, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2023

 Mr. Marshall (for himself, Ms. Ernst, Mr. Grassley, Mr. Cornyn, Mrs. 
    Fischer, Mr. Cotton, Mr. Schmitt, Mr. Cramer, Mr. Budd, and Mr. 
   Hagerty) introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To prevent States and local jurisdictions from interfering with the 
  production and distribution of agricultural products in interstate 
                   commerce, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ending Agricultural Trade 
Suppression Act''.

SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL GOVERNMENTS 
              WITH PRODUCTION OF ITEMS IN OTHER STATES.

    (a) Definition of Agricultural Products.--In this section, the term 
``agricultural products'' has the meaning given the term in section 207 
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).
    (b) Prohibition.--The government of a State or a unit of local 
government within a State shall not impose a standard or condition on 
the preharvest production of any agricultural products sold or offered 
for sale in interstate commerce if--
            (1) the production occurs in another State; and
            (2) subject to subsection (c), the standard or condition is 
        in addition to the standards and conditions applicable to the 
        production pursuant to--
                    (A) Federal law; and
                    (B) the laws of the State and unit of local 
                government in which the production occurs.
    (c) Rule of Construction.--If no standards or conditions are 
applicable to the production of an agricultural product pursuant to 
Federal law, or the laws of a State or unit of local government in 
which the production occurs, that lack of standards and conditions 
shall be deemed to be the standards and conditions applicable to the 
production of the agricultural product for purposes of subsection 
(b)(2).

SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE REGULATION OF 
              INTERSTATE COMMERCE.

    (a) Definition of Agricultural Products.--In this section, the term 
``agricultural products'' has the meaning given the term in section 207 
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).
    (b) Private Right of Action.--A person, including a producer, a 
transporter, a distributer, a consumer, a laborer, a trade association, 
the Federal Government, a State government, or a unit of local 
government, that is affected by a regulation of a State or unit of 
local government that regulates any aspect of 1 or more agricultural 
products that are sold in interstate commerce, including any aspect of 
the method of production, or any means or instrumentality through which 
1 or more agricultural products are sold in interstate commerce may 
bring an action in the appropriate court to invalidate that regulation 
and seek damages for economic loss resulting from that regulation.
    (c) Preliminary Injunction.--On a motion of the plaintiff in an 
action brought under subsection (b), the court shall issue a 
preliminary injunction to preclude the applicable State or unit of 
local government from enforcing the regulation at issue until such time 
as the court enters a final judgment in the case, unless the State or 
unit of local government proves by clear and convincing evidence that--
            (1) the State or unit of local government is likely to 
        prevail on the merits at trial; and
            (2) the injunction would cause irreparable harm to the 
        State or unit of local government.
    (d) Statute of Limitations.--No action shall be maintained under 
this section unless the action is commenced not later than 10 years 
after the cause of action arose.
    (e) Jurisdiction.--A person described in subsection (b) may bring 
an action under that subsection in--
            (1) the district court of the United States for the 
        judicial district in which the person--
                    (A) is affected by a regulation described in that 
                subsection; or
                    (B) resides, operates, or does business; or
            (2) any other appropriate court otherwise having 
        jurisdiction.
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