110 S3382 IS: Protecting Interstate Commerce for Livestock Producers Act U.S. Senate 2023-11-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 3382IN THE SENATE OF THE UNITED STATESNovember 30, 2023Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo 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.

1.

Short title

This Act may be cited as the Protecting Interstate Commerce for Livestock Producers Act.

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).

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:

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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