[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Page S5769]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2411. Mr. MARSHALL (for himself, Ms. Ernst, and Mr. Grassley) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the end of division G, add the following:

                     TITLE XII--AGRICULTURAL TRADE

     SEC. 71201. SHORT TITLE.

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

     SEC. 71202. PROHIBITION AGAINST INTERFERENCE BY STATE AND 
                   LOCAL GOVERNMENTS WITH PRODUCTION OR 
                   MANUFACTURE 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.--Consistent with the Commerce Clause of 
     section 8 of article I of the Constitution of the United 
     States, the government of a State or a unit of local 
     government within a State shall not impose a standard or 
     condition on the production or manufacture of any 
     agricultural products sold or offered for sale in interstate 
     commerce if--
       (1) the production or manufacture occurs in another State; 
     and
       (2) the standard or condition is in addition to the 
     standards and conditions applicable to the production or 
     manufacture pursuant to--
       (A) Federal law; and
       (B) the laws of the State and unit of local government in 
     which the production or manufacture occurs.

     SEC. 71203. 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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