I 

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. 

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 ‘‘Protect Interstate 

5 Commerce Act of 2018’’. 


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1 SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE 

2 AND LOCAL GOVERNMENTS WITH PRODUC3 TION OR MANUFACTURE OF ITEMS IN OTHER 

4 STATES. 

5 (a) IN GENERAL.—Consistent with article I, section 

6 8, clause 3 of the Constitution of the United States, the 

7 government of a State or locality therein shall not impose 

8 a standard or condition on the production or manufacture 

9 of any agricultural product sold or offered for sale in inter10 state commerce if— 

11 (1) such production or manufacture occurs in 

12 another State; and 

13 (2) the standard or condition is in addition to 

14 the standards and conditions applicable to such pro15 duction or manufacture pursuant to— 

16 (A) Federal law; and 

17 (B) the laws of the State and locality in 

18 which such production or manufacture occurs. 

19 (b) AGRICULTURAL PRODUCT DEFINED.—In this 

20 section, the term ‘‘agricultural product’’ has the meaning 

21 given such term in section 207 of the Agricultural Mar22 keting Act of 1946 (7 U.S.C. 1626). 

23 SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE 

24 REGULATION OF INTERSTATE COMMERCE. 

25 (a) PRIVATE RIGHT OF ACTION.—A person, includ26 ing, but not limited to, a producer, transporter, 


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1 distributer, consumer, laborer, trade association, the Fed2 eral Government, a State government, or a unit of local 

3 government, which is affected by a regulation of a State 

4 or unit of local government which regulates any aspect of 

5 an agriculture good, including any aspect of the method 

6 of production, which is sold in interstate commerce, or any 

7 means or instrumentality through which such an agri8 culture good is sold in interstate commerce, may bring an 

9 action in the appropriate court to invalidate such a regula10 tion and seek damages for economic loss resulting from 

11 such regulation. 

12 (b) PRELIMINARY INJUNCTION.—Upon a motion of 

13 the plaintiff, the court shall issue a preliminary injunction 

14 to preclude the State or unit of local government from en15 forcing the regulation at issue until such time as the court 

16 enters a final judgment in the case, unless the State or 

17 unit of local government proves by clear and convincing 

18 evidence that— 

19 (1) the State or unit of local government is like20 ly to prevail on the merits at trial; and 

21 (2) the injunction would cause irreparable harm 

22 to the State or unit of local government. 


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1 (c) STATUTE OF LIMITATIONS.—No action shall be 

2 maintained under this section unless it is commenced 

3 within 10 years after the cause of action arose. 

Æ 


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