[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4999 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4999
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 HOUSE OF REPRESENTATIVES
August 10, 2021
Mrs. Hinson (for herself, Mrs. Miller-Meeks, and Mr. Feenstra)
introduced the following bill; which was referred to the Committee on
Agriculture, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To prevent States and local jurisdictions from interfering with the
production and distribution of agricultural products in interstate
commerce, 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 ``Exposing Agricultural Trade
Suppression Act''.
SEC. 2. 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. 3. 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.
<all>