H.R. 4879House115th Congress (2017-2019)In Committee

Protect Interstate Commerce Act of 2018

Sponsored by Steve KingRep. Steve King (R-IA)
Introduced January 25, 2018

AI-Generated Summary

Updated April 15, 2026 at 8:08 PM UTC

The Protect Interstate Commerce Act of 2018 seeks to stop state and local governments from adding extra requirements on the production or manufacturing of agricultural products that are sold across state lines or internationally. It says only federal law and the laws of the state where the product is actually produced may apply. The bill also gives anyone affected by such state or local rules the right to sue in federal court to block the rule and recover damages.

Key Provisions

  • States and localities cannot impose additional standards on agricultural products that are produced in another state if those standards go beyond federal law and the laws of the state where production occurs.
  • The term “agricultural product” is defined by reference to the Agricultural Marketing Act of 1946.
  • Any person or government entity harmed by a state or local regulation of an agricultural good sold in interstate commerce may file a lawsuit to have the regulation invalidated and to seek economic damages.
  • Courts must grant a preliminary injunction to stop enforcement of the challenged regulation unless the state or locality shows it is likely to win at trial and that an injunction would cause it irreparable harm.
  • A lawsuit under this act must be filed within ten years of when the cause of action arose.

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Livestock and Foreign Agriculture.

February 8, 2018

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HouseIntro Referral

Introduced in House

January 25, 2018

HouseIntro Referral

Referred 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.

January 25, 2018

HouseCommittee

Referred to the Subcommittee on the Constitution and Civil Justice.

February 7, 2018

HouseCommittee

Referred to the Subcommittee on Livestock and Foreign Agriculture.

February 8, 2018

Floor Debate

1 member

What members said about H.R. 4879 on the floor

1 Democrat
Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Apr 26, 2018

Mr. Speaker, last week, the House Agriculture Committee passed a bill out that would reauthorize the farm bill. This is the most important bill that most Americans don't pay that much attention to.…

Bill Text

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Introduced in HouseIssued January 25, 2018

I

115th CONGRESS

2d Session

H. R. 4879

IN THE HOUSE OF REPRESENTATIVES

January 25, 2018

Mr. King of Iowa (for himself, Mr. Peterson, Mr. Goodlatte, Mr. Marshall, and Mr. Pittenger) introduced the following bill; which was referred 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 products in interstate or foreign commerce, and for other purposes.

1.

Short title

This Act may be cited as the Protect Interstate Commerce Act of 2018.

2.

Prohibition against interference by State and local governments with production 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 interstate 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 production 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 Marketing Act of 1946 (7 U.S.C. 1626).

3.

Federal cause of action to challenge State regulation of interstate commerce

(a)

Private right of action

A person, including, but not limited to, a producer, transporter, distributer, consumer, laborer, trade association, the Federal 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 agriculture good is sold in interstate commerce, may bring an action in the appropriate court to invalidate such a regulation 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 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.

(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.