[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1326 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1326
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
April 8, 2025
Ms. Ernst (for herself, Mr. Grassley, Mr. Marshall, Mr. Cramer, Mr.
Budd, Mr. Ricketts, and Mr. Tillis) introduced the following bill;
which was read twice and referred 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 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 ``Food Security and Farm Protection
Act''.
SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL GOVERNMENTS
WITH PRODUCTION 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.--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--
(1) the production occurs in another State; and
(2) subject to subsection (c), the standard or condition is
in addition to the standards and conditions applicable to the
production pursuant to--
(A) Federal law; and
(B) the laws of the State and unit of local
government in which the production occurs.
(c) 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 subsection
(b)(2).
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>