Protect Interstate Commerce Act of 2018

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. Short title This Act may be cited as the Protect Interstate Commerce Act of 2018 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 7 U.S.C. 1626 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.

Summary: Protect Interstate Commerce Act of 2018 This bill prohibits a state or local government from imposing a standard or condition on the production or manufacture of agricultural products sold or offered for sale in interstate commerce if: (1) the production or manufacture occurs in another state, and (2) the standard or condition adds to standards or conditions applicable under federal law and the laws of the state or locality in which the production or manufacture occurs. The bill also allows private rights of action to challenge state or local regulations relating to agricultural goods sold in interstate commerce.