I 

116TH CONGRESS 

1ST SESSION H. R. 272 

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 8, 2019 

Mr. KING of Iowa (for himself, Mr. PETERSON, Mr. MARSHALL, Mr. ESTES, 

and Mr. GIBBS) 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 2019’’. 


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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 Consistent with article I, section 8, clause 3 of the 

6 Constitution of the United States, the government of a 

7 State or locality therein shall not impose a standard or 

8 condition on the production or manufacture of any agricul9 tural product sold or offered for sale in interstate com10 merce 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 SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE 

20 REGULATION OF INTERSTATE COMMERCE. 

21 (a) PRIVATE RIGHT OF ACTION.—A person, includ22 ing, but not limited to, a producer, transporter, 

23 distributer, consumer, laborer, trade association, the Fed24 eral Government, a State government, or a unit of local 

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

26 or unit of local government which regulates any aspect of 


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1 an agricultural product, including any aspect of the meth2 od of production, which is sold in interstate commerce, or 

3 any means or instrumentality through which such an agri4 cultural product is sold in interstate commerce, may bring 

5 an action in the appropriate court to invalidate such a reg6 ulation and seek damages for economic loss resulting from 

7 such regulation. 

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

9 the plaintiff described in subsection (a), the court shall 

10 issue a preliminary injunction to preclude the State or unit 

11 of local government from enforcing the regulation at issue 

12 until such time as the court enters a final judgment in 

13 the case, unless the State or unit of local government 

14 proves by clear and convincing evidence that— 

15 (1) the State or unit of local government is like16 ly to prevail on the merits at trial; and 

17 (2) the injunction would cause irreparable harm 

18 to the State or unit of local government. 

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

20 maintained under this section unless it is commenced 

21 within 10 years after the cause of action arose. 


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1 SEC. 4. AGRICULTURAL PRODUCT DEFINED. 

2 In this Act, the term ‘‘agricultural product’’ has the 

3 meaning given such term in section 207 of the Agricul4 tural Marketing Act of 1946 (7 U.S.C. 1626). 

Æ 


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