S.Amdt. 2411

SA 2411. Mr. MARSHALL (for himself, Ms. Ernst, and Mr. Grassley)
submitted an amendment intended to be proposed to amendment SA 2137
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr.
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms.
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of division G, add the following:

TITLE XII--AGRICULTURAL TRADE

SEC. 71201. SHORT TITLE.

This title may be cited as the ``Exposing Agricultural
Trade Suppression Act''.

SEC. 71202. 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. 71203. 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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