Sec. 3. Federal cause of action to challenge State regulation of interstate commerce
214 words·~1 min read·
/bill/116/hr/272/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 agricultural product, including any aspect of the method of production, which is sold in interstate commerce, or any means or instrumentality through which such an agricultural product 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.
Upon a motion of the plaintiff described in subsection (a), 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— the State or unit of local government is likely to prevail on the merits at trial; and the injunction would cause irreparable harm to the State or unit of local government.
No action shall be maintained under this section unless it is commenced within 10 years after the cause of action arose.