[Congressional Record Volume 169, Number 148 (Wednesday, September 13, 2023)]
[Senate]
[Pages S4494-S4495]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1168. Mr. MARSHALL submitted an amendment intended to be proposed

[[Page S4495]]

to amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. ___. PROHIBITION AND FEDERAL CAUSE OF ACTION RELATING TO 
                   INTERFERENCE WITH AGRICULTURAL PRODUCTION 
                   ACROSS STATE LINES.

       (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 Against Interference by State and Local 
     Governments With Production of Items in Other States.--
       (1) 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--
       (A) the production occurs in another State; and
       (B) subject to paragraph (2), the standard or condition is 
     in addition to the standards and conditions applicable to the 
     production pursuant to--
       (i) Federal law; and
       (ii) the laws of the State and unit of local government in 
     which the production occurs.
       (2) 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 paragraph (1)(B).
       (c) Federal Cause of Action to Challenge State Regulation 
     of Interstate Commerce.--
       (1) 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.
       (2) Preliminary injunction.--On a motion of the plaintiff 
     in an action brought under paragraph (1), 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--
       (A) the State or unit of local government is likely to 
     prevail on the merits at trial; and
       (B) the injunction would cause irreparable harm to the 
     State or unit of local government.
       (3) Statute of limitations.--No action shall be maintained 
     under this subsection unless the action is commenced not 
     later than 10 years after the cause of action arose.
       (4) Jurisdiction.--A person described in paragraph (1) may 
     bring an action under that paragraph in--
       (A) the district court of the United States for the 
     judicial district in which the person--
       (i) is affected by a regulation described in that 
     paragraph; or
       (ii) resides, operates, or does business; or
       (B) any other appropriate court otherwise having 
     jurisdiction.
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