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Fed. Reg. 37054), is repealed, and any regulation or pol-
icy revised under, or otherwise affected as a result of, that 
rule shall be applied as if that rule had not been issued. 
Subtitle G—Protecting Interstate 
Commerce 
SEC. 11701. 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 inter-
state 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 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. 
(b) AGRICULTURAL PRODUCT DEFINED.—In this 
section, the term ‘‘agricultural product’’ has the meaning 
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given such term in section 207 of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1626). 
SEC. 11702. FEDERAL CAUSE OF ACTION TO CHALLENGE 
STATE REGULATION OF INTERSTATE COM-
MERCE. 
(a) PRIVATE RIGHT OF ACTION.—A person, includ-
ing a producer, transporter, distributer, consumer, la-
borer, trade association, the Federal Government, a State 
government, or a unit of local government, which is af-
fected by a regulation of a State or unit of local govern-
ment which regulates any aspect of an agricultural prod-
uct, including any aspect of the method of production, 
which is sold in interstate commerce, or any means or in-
strumentality through which such an agriculture product 
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 en-
forcing 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— 
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(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. 
Passed the House of Representatives June 21, 2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 483 
115TH CONGRESS 
2D SESSION 
H. R. 2 
AN ACT 
To provide for the reform and continuation of agri-
cultural and other programs of the Department 
of Agriculture through fiscal year 2023, and for 
other purposes. 
JUNE 21, 2018 
Received; read twice and placed on the calendar 
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