I 
115TH CONGRESS 
2D SESSION 
H. R. 4879 
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 25, 2018 
Mr. KING of Iowa (for himself, Mr. PETERSON, Mr. GOODLATTE, Mr. MAR-
SHALL, and Mr. PITTENGER) introduced the following bill; which was re-
ferred 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 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 2018’’. 
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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) 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 
given such term in section 207 of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1626). 
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, 
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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 
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 agri-
culture good is sold in interstate commerce, may bring an 
action in the appropriate court to invalidate such a regula-
tion 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— 
(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. 
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(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. 
Æ 
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