II 

117TH CONGRESS 

1ST SESSION S. 2619 

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 

AUGUST 5, 2021 

Mr. MARSHALL (for himself, Mr. GRASSLEY, Ms. ERNST, Mr. CORNYN, and 

Mrs. HYDE-SMITH) 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. 

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 ‘‘Exposing Agricultural 

5 Trade Suppression Act’’. 


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•S 2619 IS

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) DEFINITION OF AGRICULTURAL PRODUCTS.—In 

6 this section, the term ‘‘agricultural products’’ has the 

7 meaning given the term in section 207 of the Agricultural 

8 Marketing Act of 1946 (7 U.S.C. 1626). 

9 (b) PROHIBITION.—Consistent with the Commerce 

10 Clause of section 8 of article I of the Constitution of the 

11 United States, the government of a State or a unit of local 

12 government within a State shall not impose a standard 

13 or condition on the production or manufacture of any agri14 cultural products sold or offered for sale in interstate com15 merce if— 

16 (1) the production or manufacture occurs in an17 other State; and 

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

19 the standards and conditions applicable to the pro20 duction or manufacture pursuant to— 

21 (A) Federal law; and 

22 (B) the laws of the State and unit of local 

23 government in which the production or manu24 facture occurs. 


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•S 2619 IS

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

2 REGULATION OF INTERSTATE COMMERCE. 

3 (a) DEFINITION OF AGRICULTURAL PRODUCTS.—In 

4 this section, the term ‘‘agricultural products’’ has the 

5 meaning given the term in section 207 of the Agricultural 

6 Marketing Act of 1946 (7 U.S.C. 1626). 

7 (b) PRIVATE RIGHT OF ACTION.—A person, includ8 ing a producer, a transporter, a distributer, a consumer, 

9 a laborer, a trade association, the Federal Government, 

10 a State government, or a unit of local government, that 

11 is affected by a regulation of a State or unit of local gov12 ernment that regulates any aspect of 1 or more agricul13 tural products that are sold in interstate commerce, in14 cluding any aspect of the method of production, or any 

15 means or instrumentality through which 1 or more agri16 cultural products are sold in interstate commerce may 

17 bring an action in the appropriate court to invalidate that 

18 regulation and seek damages for economic loss resulting 

19 from that regulation. 

20 (c) PRELIMINARY INJUNCTION.—On a motion of the 

21 plaintiff in an action brought under subsection (b), the 

22 court shall issue a preliminary injunction to preclude the 

23 applicable State or unit of local government from enforc24 ing the regulation at issue until such time as the court 

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


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•S 2619 IS

1 unit of local government proves by clear and convincing 

2 evidence that— 

3 (1) the State or unit of local government is like4 ly to prevail on the merits at trial; and 

5 (2) the injunction would cause irreparable harm 

6 to the State or unit of local government. 

7 (d) STATUTE OF LIMITATIONS.—No action shall be 

8 maintained under this section unless the action is com9 menced not later than 10 years after the cause of action 

10 arose. 

11 (e) JURISDICTION.—A person described in subsection 

12 (b) may bring an action under that subsection in— 

13 (1) the district court of the United States for 

14 the judicial district in which the person— 

15 (A) is affected by a regulation described in 

16 that subsection; or 

17 (B) resides, operates, or does business; or 

18 (2) any other appropriate court otherwise hav19 ing jurisdiction. 

Æ 


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