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 com-
merce, 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 Judi-
ciary, 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 prod-
ucts in interstate or foreign commerce, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 2019’’. 
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SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE 
AND LOCAL GOVERNMENTS WITH PRODUC-
TION OR MANUFACTURE OF ITEMS IN OTHER 
STATES. 
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 agricul-
tural product sold or offered for sale in interstate com-
merce 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 pro-
duction or manufacture pursuant to— 
(A) Federal law; and 
(B) the laws of the State and locality in 
which such production or manufacture occurs. 
SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE 
REGULATION OF INTERSTATE COMMERCE. 
(a) PRIVATE RIGHT OF ACTION.—A person, includ-
ing, but not limited to, a producer, transporter, 
distributer, consumer, laborer, trade association, the Fed-
eral 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 
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an agricultural product, including any aspect of the meth-
od of production, which is sold in interstate commerce, or 
any means or instrumentality through which such an agri-
cultural product is sold in interstate commerce, may bring 
an action in the appropriate court to invalidate such a reg-
ulation and seek damages for economic loss resulting from 
such regulation. 
(b) PRELIMINARY INJUNCTION.—Upon a motion of 
the plaintiff described in subsection (a), 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 like-
ly 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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SEC. 4. AGRICULTURAL PRODUCT DEFINED. 
In this Act, the term ‘‘agricultural product’’ has the 
meaning given such term in section 207 of the Agricul-
tural Marketing Act of 1946 (7 U.S.C. 1626). 
Æ 
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