I 
117TH CONGRESS 
1ST SESSION H. R. 4999 
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 HOUSE OF REPRESENTATIVES 
AUGUST 10, 2021 
Mrs. HINSON (for herself, Mrs. MILLER-MEEKS, and Mr. FEENSTRA) intro-
duced the following bill; which was referred to the Committee on Agri-
culture, and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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 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 ‘‘Exposing Agricultural 
Trade Suppression Act’’. 
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SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE 
AND LOCAL GOVERNMENTS WITH PRODUC-
TION OR MANUFACTURE OF ITEMS IN OTHER 
STATES. 
(a) DEFINITION OF AGRICULTURAL PRODUCTS.—In 
this section, the term ‘‘agricultural products’’ has the 
meaning given the term in section 207 of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1626). 
(b) PROHIBITION.—Consistent with the Commerce 
Clause of section 8 of article I of the Constitution of the 
United States, the government of a State or a unit of local 
government within a State shall not impose a standard 
or condition on the production or manufacture of any agri-
cultural products sold or offered for sale in interstate com-
merce if— 
(1) the production or manufacture occurs in an-
other State; and 
(2) the standard or condition is in addition to 
the standards and conditions applicable to the pro-
duction or manufacture pursuant to— 
(A) Federal law; and 
(B) the laws of the State and unit of local 
government in which the production or manu-
facture occurs. 
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SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE 
REGULATION OF INTERSTATE COMMERCE. 
(a) DEFINITION OF AGRICULTURAL PRODUCTS.—In 
this section, the term ‘‘agricultural products’’ has the 
meaning given the term in section 207 of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1626). 
(b) PRIVATE RIGHT OF ACTION.—A person, includ-
ing a producer, a transporter, a distributer, a consumer, 
a laborer, a trade association, the Federal Government, 
a State government, or a unit of local government, that 
is affected by a regulation of a State or unit of local gov-
ernment that regulates any aspect of 1 or more agricul-
tural products that are sold in interstate commerce, in-
cluding any aspect of the method of production, or any 
means or instrumentality through which 1 or more agri-
cultural products are sold in interstate commerce may 
bring an action in the appropriate court to invalidate that 
regulation and seek damages for economic loss resulting 
from that regulation. 
(c) PRELIMINARY INJUNCTION.—On a motion of the 
plaintiff in an action brought under subsection (b), the 
court shall issue a preliminary injunction to preclude the 
applicable State or unit of local government from enforc-
ing the regulation at issue until such time as the court 
enters a final judgment in the case, unless the State or 
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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. 
(d) STATUTE OF LIMITATIONS.—No action shall be 
maintained under this section unless the action is com-
menced not later than 10 years after the cause of action 
arose. 
(e) JURISDICTION.—A person described in subsection 
(b) may bring an action under that subsection in— 
(1) the district court of the United States for 
the judicial district in which the person— 
(A) is affected by a regulation described in 
that subsection; or 
(B) resides, operates, or does business; or 
(2) any other appropriate court otherwise hav-
ing jurisdiction. 
Æ 
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