Sec. 3. State interference with interstate livestock production prohibited
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The Food, Conservation, and Energy Act of 2008 is amended by inserting after section 11008 ( Public Law 110–246 ; 122 Stat. 2120) the following: In this section: The term disease has the meaning given the term— agricultural disease in section 14102; and in section 10403 of the Animal Health Protection Act ( 7 U.S.C. 8302 ). The term livestock has the meaning given the term in— section 10403 of the Animal Health Protection Act ( 7 U.S.C. 8302 ); section 2103 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 6502 ); and section 602 of the Agricultural Act of 1949 (7 U.S.C 1471).
The term State means a State; the District of Columbia; the Commonwealth of Puerto Rico; Guam; the Commonwealth of the Northern Mariana Islands; the Virgin Islands of the United States; and any territory or possession of the United States. No State or local government, nor any subdivision thereof, shall enforce any State or local law, rule, or ordinance that regulates the raising, production, use, transportation, importation, sale, or distribution of any livestock or goods deriving from livestock if— the livestock or livestock-derived goods— are used, transported, distributed, sold, or offered for sale in or through, or by using any means, channel, facility, or instrumentality of, interstate or foreign commerce; and are raised or produced in another State; and that law, rule, or ordinance— is incongruent with, disproportionate to, or otherwise in conflict with any applicable regulation under the laws, rules, or ordinances of the State or local subdivision in which the applicable livestock or livestock-derived goods are raised or produced; or imposes any requirement not present in the laws, rules, or ordinances of the State or local subdivision in which the applicable livestock or livestock-derived goods are raised or produced.
Subsection
(b)shall not apply to any State or local law, rule, or ordinance that regulates— the import of animals suffering from or likely to suffer from a recognized animal disease, including the animal diseases described in section 71.3 of title 9, Code of Federal Regulations (or successor regulations); the raising of livestock if the law, rule, or ordinance relates only to conduct occurring entirely within the applicable State or locality and does not relate to the production, use, transportation, importation, sale, or distribution of livestock or livestock-derived goods occurring in another State; or the production of livestock if the law, rule, or ordinance relates only to conduct occurring entirely within the applicable State or locality and does not relate to the raising, use, transportation, importation, sale, or distribution of livestock or livestock-derived goods occurring in another State. The Attorney General of the United States may enforce this section by suit for injunctive relief. The Attorney General of a State may enforce this section by suit for injunctive relief. Any individual or entity harmed by a State or local law, rule, or ordinance in violation of this section shall have a private right of action against a State for injunctive relief. With respect to any civil action, criminal prosecution, or other enforcement action brought in any Federal, State, or local judicial or administrative tribunal relating to a State or local law, rule, or ordinance preempted by this section, this section shall serve as a complete defense to that action. Nothing in this section shall abrogate State sovereign immunity or authorize any suit against a State for monetary damages. .
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- Pub. L. 110-246
- 122 Stat. 2120
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Sec. 3
State interference with interstate livestock production prohibited
Pub. L.Pub. L. 110-246
Stat.122 Stat. 2120
Cites 5Cited by 0 across 0 sources