,,ii #aahth ,,congress #ast ,session ,s4 #bjai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ae1 #bjbc,mr4 ,marshall 7for himself1 ,ms4 ,ernst1 ,mr4 ,grassley1 ,mr4 ,cornyn1 ,mrs4 ,fischer1 ,mr4 ,cotton1 ,mr4 ,schmitt1 ,mr4 ,cramer1 ,mr4 ,budd1 and ,mr4 ,hagerty7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to prevent ,states and local jurisdictions from interfering with the production and distribution of agricultural products in interstate commerce1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ending ,agricultural ,trade ,suppression ,act4 #b4 ,prohibition against interference by ,state and local governments with production of items in other ,states 7a7 ,definition of agricultural products ,in this section1 the term agricultural products has the meaning given the term in section #bjg of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbf74 7b7 ,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-- 7#a7 the production occurs in another ,state2 and 7#b7 subject to subsection 7c71 the standard or condition is in addition to the standards and conditions applicable to the production pursuant to-- 7,a7 ,federal law2 and 7,b7 the laws of the ,state and unit of local government in which the production occurs4 7c7 ,rule of construction ,if no standards or conditions are applicable to the production of an agricultural product pursuant to ,federal law1 or the laws of a ,state or unit of local government in which the production occurs1 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 subsection 7b77#b74 #c4 ,federal cause of action to challenge ,state regulation of interstate commerce 7a7 ,definition of agricultural products ,in this section1 the term agricultural products has the meaning given the term in section #bjg of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbf74 7b7 ,private right of action ,a person1 including a producer1 a transporter1 a distributer1 a consumer1 a laborer1 a trade association1 the ,federal ,government1 a ,state government1 or a unit of local government1 that is affected by a regulation of a ,state or unit of local government that regulates any aspect of #a or more agricultural products that are sold in interstate commerce1 including any aspect of the method of production1 or any means or instrumentality through which #a 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 regulation4 7c7 ,preliminary injunction ,on a motion of the plaintiff in an action brought under subsection 7b71 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 case1 unless the ,state or unit of local government proves by clear and convincing evidence that-- 7#a7 the ,state or unit of local government is likely to prevail on the merits at trial2 and 7#b7 the injunction would cause irreparable harm to the ,state or unit of local government4 7d7 ,statute of limitations ,no action shall be maintained under this section unless the action is commenced not later than #aj years after the cause of action arose4 7e7 ,jurisdiction ,a person described in subsection 7b7 may bring an action under that subsection in-- 7#a7 the district court of the ,united ,states for the judicial district in which the person-- 7,a7 is affected by a regulation described in that subsection2 or 7,b7 resides1 operates1 or does business2 or 7#b7 any other appropriate court otherwise having jurisdiction4