S.Amdt. 1168

SA 1168. Mr. MARSHALL submitted an amendment intended to be proposed

[[Page S4495]]

to amendment SA 1092 submitted by Mrs. Murray (for herself and Ms.
Collins) and intended to be proposed to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. PROHIBITION AND FEDERAL CAUSE OF ACTION RELATING TO
INTERFERENCE WITH AGRICULTURAL PRODUCTION
ACROSS STATE LINES.

(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 Against Interference by State and Local
Governments With Production of Items in Other States.--
(1) Prohibition.--The government of a State or a unit of
local government within a State shall not impose a standard
or condition on the preharvest production of any agricultural
products sold or offered for sale in interstate commerce if--
(A) the production occurs in another State; and
(B) subject to paragraph (2), the standard or condition is
in addition to the standards and conditions applicable to the
production pursuant to--
(i) Federal law; and
(ii) the laws of the State and unit of local government in
which the production occurs.
(2) Rule of construction.--If no standards or conditions
are applicable to the production of an agricultural product
pursuant to Federal law, or the laws of a State or unit of
local government in which the production occurs, that lack of
standards and conditions shall be deemed to be the standards
and conditions applicable to the production of the
agricultural product for purposes of paragraph (1)(B).
(c) Federal Cause of Action to Challenge State Regulation
of Interstate Commerce.--
(1) 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.
(2) Preliminary injunction.--On a motion of the plaintiff
in an action brought under paragraph (1), 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--
(A) the State or unit of local government is likely to
prevail on the merits at trial; and
(B) the injunction would cause irreparable harm to the
State or unit of local government.
(3) Statute of limitations.--No action shall be maintained
under this subsection unless the action is commenced not
later than 10 years after the cause of action arose.
(4) Jurisdiction.--A person described in paragraph (1) may
bring an action under that paragraph in--
(A) the district court of the United States for the
judicial district in which the person--
(i) is affected by a regulation described in that
paragraph; or
(ii) resides, operates, or does business; or
(B) any other appropriate court otherwise having
jurisdiction.
______