S. 1326 — Food Security and Farm Protection Act

This section prohibits a state or local government from imposing any standard or condition on the preharvest production of agricultural products (as defined in 7 U.S.C. 1626, i.e., agricultural, horticultural, viticultural, dairy products, livestock, poultry, bees, forest products, fish and shellfish, and related processed or manufactured products) sold or offered for sale in interstate commerce if the production occurs in another state and the standard exceeds those applicable under federal law and the laws of the producing state or locality. If no standards apply under federal law or the laws of the producing state or locality, such absence is deemed the applicable standard.

This section establishes a federal private right of action for any person affected by a state or local regulation of agricultural products sold in interstate commerce—including any aspect of production methods or sales means or instrumentalities—to invalidate the regulation in court and seek damages for resulting economic losses. "Agricultural products" has the meaning given in section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626) (i.e., includes agricultural, horticultural, viticultural, and dairy products; livestock and poultry; bees; forest products; fish and shellfish; and any products thereof, including processed and manufactured products raised or produced on farms). Eligible plaintiffs include producers, transporters, distributors, consumers, laborers, trade associations, and federal, state, or local governments. (1) Courts must issue a preliminary injunction barring enforcement of the regulation pending final judgment unless the state or locality proves by clear and convincing evidence both a likelihood of success on the merits and irreparable harm from the injunction. (2) Actions must be commenced within 10 years after the cause of action arises. (3) Jurisdiction lies in the relevant U.S. district court (where the plaintiff is affected or resides, operates, or does business) or any other appropriate court.