Ending Agricultural Trade Suppression Act

II 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 re- ferred 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 prod- ucts in interstate commerce, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ending Agricultural 4 Trade Suppression Act’’. 5 VerDate Sep 11 2014 23:18 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2019.IS S2019 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 2019 IS SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE 1 AND LOCAL GOVERNMENTS WITH PRODUC- 2 TION OF ITEMS IN OTHER STATES. 3 (a) DEFINITION OF AGRICULTURAL PRODUCTS.—In 4 this section, the term ‘‘agricultural products’’ has the 5 meaning given the term in section 207 of the Agricultural 6 Marketing Act of 1946 (7 U.S.C. 1626). 7 (b) PROHIBITION.—The government of a State or a 8 unit of local government within a State shall not impose 9 a standard or condition on the preharvest production of 10 any agricultural products sold or offered for sale in inter- 11 state commerce if— 12 (1) the production occurs in another State; and 13 (2) subject to subsection (c), the standard or 14 condition is in addition to the standards and condi- 15 tions applicable to the production pursuant to— 16 (A) Federal law; and 17 (B) the laws of the State and unit of local 18 government in which the production occurs. 19 (c) RULE OF CONSTRUCTION.—If no standards or 20 conditions are applicable to the production of an agricul- 21 tural product pursuant to Federal law, or the laws of a 22 State or unit of local government in which the production 23 occurs, that lack of standards and conditions shall be 24 deemed to be the standards and conditions applicable to 25 VerDate Sep 11 2014 23:18 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2019.IS S2019 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 2019 IS the production of the agricultural product for purposes of 1 subsection (b)(2). 2 SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE 3 REGULATION OF INTERSTATE COMMERCE. 4 (a) DEFINITION OF AGRICULTURAL PRODUCTS.—In 5 this section, the term ‘‘agricultural products’’ has the 6 meaning given the term in section 207 of the Agricultural 7 Marketing Act of 1946 (7 U.S.C. 1626). 8 (b) PRIVATE RIGHT OF ACTION.—A person, includ- 9 ing a producer, a transporter, a distributer, a consumer, 10 a laborer, a trade association, the Federal Government, 11 a State government, or a unit of local government, that 12 is affected by a regulation of a State or unit of local gov- 13 ernment that regulates any aspect of 1 or more agricul- 14 tural products that are sold in interstate commerce, in- 15 cluding any aspect of the method of production, or any 16 means or instrumentality through which 1 or more agri- 17 cultural products are sold in interstate commerce may 18 bring an action in the appropriate court to invalidate that 19 regulation and seek damages for economic loss resulting 20 from that regulation. 21 (c) PRELIMINARY INJUNCTION.—On a motion of the 22 plaintiff in an action brought under subsection (b), the 23 court shall issue a preliminary injunction to preclude the 24 applicable State or unit of local government from enforc- 25 VerDate Sep 11 2014 23:18 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2019.IS S2019 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 2019 IS ing the regulation at issue until such time as the court 1 enters a final judgment in the case, unless the State or 2 unit of local government proves by clear and convincing 3 evidence that— 4 (1) the State or unit of local government is like- 5 ly to prevail on the merits at trial; and 6 (2) the injunction would cause irreparable harm 7 to the State or unit of local government. 8 (d) STATUTE OF LIMITATIONS.—No action shall be 9 maintained under this section unless the action is com- 10 menced not later than 10 years after the cause of action 11 arose. 12 (e) JURISDICTION.—A person described in subsection 13 (b) may bring an action under that subsection in— 14 (1) the district court of the United States for 15 the judicial district in which the person— 16 (A) is affected by a regulation described in 17 that subsection; or 18 (B) resides, operates, or does business; or 19 (2) any other appropriate court otherwise hav- 20 ing jurisdiction. 21 Æ VerDate Sep 11 2014 23:18 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2019.IS S2019 pbinns on DSKJLVW7X2PROD with $$_JOB