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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4879 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 4879

  To prevent States and local jurisdictions from interfering with the 
 production and distribution of agricultural products in interstate or 
               foreign commerce, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2018

    Mr. King of Iowa (for himself, Mr. Peterson, Mr. Goodlatte, Mr. 
 Marshall, and Mr. Pittenger) 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 or 
               foreign 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 ``Protect Interstate Commerce Act of 
2018''.

SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL GOVERNMENTS 
              WITH PRODUCTION OR MANUFACTURE OF ITEMS IN OTHER STATES.

    (a) In General.--Consistent with article I, section 8, clause 3 of 
the Constitution of the United States, the government of a State or 
locality therein shall not impose a standard or condition on the 
production or manufacture of any agricultural product sold or offered 
for sale in interstate commerce if--
            (1) such production or manufacture occurs in another State; 
        and
            (2) the standard or condition is in addition to the 
        standards and conditions applicable to such production or 
        manufacture pursuant to--
                    (A) Federal law; and
                    (B) the laws of the State and locality in which 
                such production or manufacture occurs.
    (b) Agricultural Product Defined.--In this section, the term 
``agricultural product'' has the meaning given such term in section 207 
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).

SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE REGULATION OF 
              INTERSTATE COMMERCE.

    (a) Private Right of Action.--A person, including, but not limited 
to, a producer, transporter, distributer, consumer, laborer, trade 
association, the Federal Government, a State government, or a unit of 
local government, which is affected by a regulation of a State or unit 
of local government which regulates any aspect of an agriculture good, 
including any aspect of the method of production, which is sold in 
interstate commerce, or any means or instrumentality through which such 
an agriculture good is sold in interstate commerce, may bring an action 
in the appropriate court to invalidate such a regulation and seek 
damages for economic loss resulting from such regulation.
    (b) Preliminary Injunction.--Upon a motion of the plaintiff, the 
court shall issue a preliminary injunction to preclude the 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.
    (c) Statute of Limitations.--No action shall be maintained under 
this section unless it is commenced within 10 years after the cause of 
action arose.
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