II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Interstate 

5 Commerce for Livestock Producers Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to preempt States from 

8 enforcing State laws incongruent with, disproportionate 


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1 to, or otherwise in conflict with livestock laws and regula2 tions in other States, such as the laws and regulations 

3 described in National Pork Producers Council v. Ross, 598 

4 U.S. 356 (2022). 

5 SEC. 3. STATE INTERFERENCE WITH INTERSTATE LIVE6 STOCK PRODUCTION PROHIBITED. 

7 The Food, Conservation, and Energy Act of 2008 is 

8 amended by inserting after section 11008 (Public Law 

9 110–246; 122 Stat. 2120) the following: 

10 ‘‘SEC. 11009. PREEMPTION OF STATE AND LOCAL INTER11 FERENCE WITH INTERSTATE ANIMAL PRO12 DUCTION. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) DISEASE.—The term ‘disease’ has the 

15 meaning given the term— 

16 ‘‘(A) ‘agricultural disease’ in section 

17 14102; and 

18 ‘‘(B) in section 10403 of the Animal 

19 Health Protection Act (7 U.S.C. 8302). 

20 ‘‘(2) LIVESTOCK.—The term ‘livestock’ has the 

21 meaning given the term in— 

22 ‘‘(A) section 10403 of the Animal Health 

23 Protection Act (7 U.S.C. 8302); 


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1 ‘‘(B) section 2103 of the Food, Agri2 culture, Conservation, and Trade Act of 1990 

3 (7 U.S.C. 6502); and 

4 ‘‘(C) section 602 of the Agricultural Act of 

5 1949 (7 U.S.C 1471). 

6 ‘‘(3) STATE.—The term ‘State’ means 

7 ‘‘(A) a State; 

8 ‘‘(B) the District of Columbia; 

9 ‘‘(C) the Commonwealth of Puerto Rico; 

10 ‘‘(D) Guam; 

11 ‘‘(E) the Commonwealth of the Northern 

12 Mariana Islands; 

13 ‘‘(F) the Virgin Islands of the United 

14 States; and 

15 ‘‘(G) any territory or possession of the 

16 United States. 

17 ‘‘(b) STATE LAW PREEMPTION.—No State or local 

18 government, nor any subdivision thereof, shall enforce any 

19 State or local law, rule, or ordinance that regulates the 

20 raising, production, use, transportation, importation, sale, 

21 or distribution of any livestock or goods deriving from live22 stock if— 

23 ‘‘(1) the livestock or livestock-derived goods— 

24 ‘‘(A) are used, transported, distributed, 

25 sold, or offered for sale in or through, or by 


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1 using any means, channel, facility, or instru2 mentality of, interstate or foreign commerce; 

3 and 

4 ‘‘(B) are raised or produced in another 

5 State; and 

6 ‘‘(2) that law, rule, or ordinance— 

7 ‘‘(A) is incongruent with, disproportionate 

8 to, or otherwise in conflict with any applicable 

9 regulation under the laws, rules, or ordinances 

10 of the State or local subdivision in which the 

11 applicable livestock or livestock-derived goods 

12 are raised or produced; or 

13 ‘‘(B) imposes any requirement not present 

14 in the laws, rules, or ordinances of the State or 

15 local subdivision in which the applicable live16 stock or livestock-derived goods are raised or 

17 produced. 

18 ‘‘(c) LIMITATIONS.—Subsection (b) shall not apply to 

19 any State or local law, rule, or ordinance that regulates— 

20 ‘‘(1) the import of animals suffering from or 

21 likely to suffer from a recognized animal disease, in22 cluding the animal diseases described in section 71.3 

23 of title 9, Code of Federal Regulations (or successor 

24 regulations); 


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1 ‘‘(2) the raising of livestock if the law, rule, or 

2 ordinance relates only to conduct occurring entirely 

3 within the applicable State or locality and does not 

4 relate to the production, use, transportation, impor5 tation, sale, or distribution of livestock or livestock6 derived goods occurring in another State; or 

7 ‘‘(3) the production of livestock if the law, rule, 

8 or ordinance relates only to conduct occurring en9 tirely within the applicable State or locality and does 

10 not relate to the raising, use, transportation, impor11 tation, sale, or distribution of livestock or livestock12 derived goods occurring in another State. 

13 ‘‘(d) ENFORCEMENT.— 

14 ‘‘(1) FEDERAL.—The Attorney General of the 

15 United States may enforce this section by suit for 

16 injunctive relief. 

17 ‘‘(2) STATE.—The Attorney General of a State 

18 may enforce this section by suit for injunctive relief. 

19 ‘‘(3) PRIVATE RIGHT OF ACTION.—Any indi20 vidual or entity harmed by a State or local law, rule, 

21 or ordinance in violation of this section shall have a 

22 private right of action against a State for injunctive 

23 relief. 

24 ‘‘(e) COMPLETE DEFENSE.—With respect to any civil 

25 action, criminal prosecution, or other enforcement action 


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1 brought in any Federal, State, or local judicial or adminis2 trative tribunal relating to a State or local law, rule, or 

3 ordinance preempted by this section, this section shall 

4 serve as a complete defense to that action. 

5 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall abrogate State sovereign immunity or authorize 

7 any suit against a State for monetary damages.’’. 

Æ 


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