[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3382 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3382
To 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 30, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To 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.
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 ``Protecting Interstate Commerce for
Livestock Producers Act''.
SEC. 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).
SEC. 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:
``SEC. 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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