[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3382 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3382

  To amend the Food, Conservation, and Energy Act of 2008 to protect 
 ranchers from out-of-state regulation that interferes with interstate 
             livestock production, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2023

  Mr. Hawley introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To amend the Food, Conservation, and Energy Act of 2008 to protect 
 ranchers from out-of-state regulation that interferes with interstate 
             livestock production, 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 ``Protecting Interstate Commerce for 
Livestock Producers Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to preempt States from enforcing State 
laws incongruent with, disproportionate to, or otherwise in conflict 
with livestock laws and regulations in other States, such as the laws 
and regulations described in National Pork Producers Council v. Ross, 
598 U.S. 356 (2022).

SEC. 3. STATE INTERFERENCE WITH INTERSTATE LIVESTOCK PRODUCTION 
              PROHIBITED.

    The Food, Conservation, and Energy Act of 2008 is amended by 
inserting after section 11008 (Public Law 110-246; 122 Stat. 2120) the 
following:

``SEC. 11009. PREEMPTION OF STATE AND LOCAL INTERFERENCE WITH 
              INTERSTATE ANIMAL PRODUCTION.

    ``(a) Definitions.--In this section:
            ``(1) Disease.--The term `disease' has the meaning given 
        the term--
                    ``(A) `agricultural disease' in section 14102; and
                    ``(B) in section 10403 of the Animal Health 
                Protection Act (7 U.S.C. 8302).
            ``(2) Livestock.--The term `livestock' has the meaning 
        given the term in--
                    ``(A) section 10403 of the Animal Health Protection 
                Act (7 U.S.C. 8302);
                    ``(B) section 2103 of the Food, Agriculture, 
                Conservation, and Trade Act of 1990 (7 U.S.C. 6502); 
                and
                    ``(C) section 602 of the Agricultural Act of 1949 
                (7 U.S.C 1471).
            ``(3) State.--The term `State' means
                    ``(A) a State;
                    ``(B) the District of Columbia;
                    ``(C) the Commonwealth of Puerto Rico;
                    ``(D) Guam;
                    ``(E) the Commonwealth of the Northern Mariana 
                Islands;
                    ``(F) the Virgin Islands of the United States; and
                    ``(G) any territory or possession of the United 
                States.
    ``(b) State Law Preemption.--No State or local government, nor any 
subdivision thereof, shall enforce any State or local law, rule, or 
ordinance that regulates the raising, production, use, transportation, 
importation, sale, or distribution of any livestock or goods deriving 
from livestock if--
            ``(1) the livestock or livestock-derived goods--
                    ``(A) are used, transported, distributed, sold, or 
                offered for sale in or through, or by using any means, 
                channel, facility, or instrumentality of, interstate or 
                foreign commerce; and
                    ``(B) are raised or produced in another State; and
            ``(2) that law, rule, or ordinance--
                    ``(A) is incongruent with, disproportionate to, or 
                otherwise in conflict with any applicable regulation 
                under the laws, rules, or ordinances of the State or 
                local subdivision in which the applicable livestock or 
                livestock-derived goods are raised or produced; or
                    ``(B) imposes any requirement not present in the 
                laws, rules, or ordinances of the State or local 
                subdivision in which the applicable livestock or 
                livestock-derived goods are raised or produced.
    ``(c) Limitations.--Subsection (b) shall not apply to any State or 
local law, rule, or ordinance that regulates--
            ``(1) the import of animals suffering from or likely to 
        suffer from a recognized animal disease, including the animal 
        diseases described in section 71.3 of title 9, Code of Federal 
        Regulations (or successor regulations);
            ``(2) the raising of livestock if the law, rule, or 
        ordinance relates only to conduct occurring entirely within the 
        applicable State or locality and does not relate to the 
        production, use, transportation, importation, sale, or 
        distribution of livestock or livestock-derived goods occurring 
        in another State; or
            ``(3) the production of livestock if the law, rule, or 
        ordinance relates only to conduct occurring entirely within the 
        applicable State or locality and does not relate to the 
        raising, use, transportation, importation, sale, or 
        distribution of livestock or livestock-derived goods occurring 
        in another State.
    ``(d) Enforcement.--
            ``(1) Federal.--The Attorney General of the United States 
        may enforce this section by suit for injunctive relief.
            ``(2) State.--The Attorney General of a State may enforce 
        this section by suit for injunctive relief.
            ``(3) Private right of action.--Any individual or entity 
        harmed by a State or local law, rule, or ordinance in violation 
        of this section shall have a private right of action against a 
        State for injunctive relief.
    ``(e) Complete Defense.--With respect to any civil action, criminal 
prosecution, or other enforcement action brought in any Federal, State, 
or local judicial or administrative tribunal relating to a State or 
local law, rule, or ordinance preempted by this section, this section 
shall serve as a complete defense to that action.
    ``(f) Rule of Construction.--Nothing in this section shall abrogate 
State sovereign immunity or authorize any suit against a State for 
monetary damages.''.
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