Sec. 3. Federal cause of action to challenge State regulation of interstate commerce
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/bill/118/hr/4417/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 ). 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.
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— 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 the action is commenced not later than 10 years after the cause of action arose. A person described in subsection
(b)may bring an action under that subsection in— the district court of the United States for the judicial district in which the person— is affected by a regulation described in that subsection; or resides, operates, or does business; or any other appropriate court otherwise having jurisdiction.
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Sec. 3
Federal cause of action to challenge State regulation of interstate commerce
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