Title: Exposing Agricultural Trade Suppression Act
Policy area: Agriculture and Food

Summary:
Exposing Agricultural Trade Suppression Act
This bill restricts state and local governments from imposing certain standards or conditions on the production or manufacture of agricultural products sold or offered for sale in interstate commerce. Specifically, it prohibits the imposition of such standards or conditions if (1) the production or manufacture occurs in another state, and (2) the standard or condition adds to requirements applicable under federal law and the laws of the state or locality where the product is produced or manufactured.
The bill also allows for a private right of action to challenge state or local regulations relating to agricultural goods sold in interstate commerce. A person may bring an action in (1) the U.S. district court for the judicial district in which the person is affected by a regulation or the person resides, operates, or does business; or (2) any other appropriate court with jurisdiction.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2619 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2619

  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 SENATE OF THE UNITED STATES

                             August 5, 2021

  Mr. Marshall (for himself, Mr. Grassley, Ms. Ernst, Mr. Cornyn, and 
 Mrs. Hyde-Smith) introduced the following bill; which was read twice 
 and referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To prevent States and local jurisdictions from interfering with the 
  production and distribution of agricultural products in interstate 
                   commerce, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL GOVERNMENTS 
              WITH PRODUCTION 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 
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 is in addition to the 
        standards and conditions applicable to the production or 
        manufacture pursuant to--
                    (A) Federal law; and
                    (B) the laws of the State and unit of local 
                government in which the production or manufacture 
                occurs.

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, including 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 government that regulates any aspect of 1 or more agricultural 
products that are sold in interstate commerce, including any aspect of 
the method of production, or any means or instrumentality through which 
1 or more agricultural 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 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.
    (d) Statute of Limitations.--No action shall be maintained under 
this section unless the action is commenced 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 having 
        jurisdiction.
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