Protecting Interstate Commerce for Livestock Producers Act

“11009. Preemption of State and local interference with interstate animal production

“(a) Definitions—In this section:

“(1) Disease—The term disease has the meaning given the term—

“(A) agricultural disease in section 14102; and

“(B) in section 10403 of the Animal Health Protection Act (7 U.S.C. 8302).

“(2) Livestock—The term livestock has the meaning given the term in—

“(A) section 10403 of the Animal Health Protection Act (7 U.S.C. 8302);

“(B) section 2103 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6502); and

“(C) section 602 of the Agricultural Act of 1949 (7 U.S.C 1471).

“(3) State—The term State means

“(A) a State;

“(B) the District of Columbia;

“(C) the Commonwealth of Puerto Rico;

“(D) Guam;

“(E) the Commonwealth of the Northern Mariana Islands;

“(F) the Virgin Islands of the United States; and

“(G) any territory or possession of the United States.

“(b) State law preemption—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—

“(1) the livestock or livestock-derived goods—

“(A) 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

“(B) are raised or produced in another State; and

“(2) that law, rule, or ordinance—

“(A) 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

“(B) 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.

“(c) Limitations—Subsection (b) shall not apply to any State or local law, rule, or ordinance that regulates—

“(1) 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);

“(2) 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

“(3) 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.

“(d) Enforcement

“(1) Federal—The Attorney General of the United States may enforce this section by suit for injunctive relief.

“(2) State—The Attorney General of a State may enforce this section by suit for injunctive relief.

“(3) Private right of action—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.

“(e) Complete defense—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.

“(f) Rule of construction—Nothing in this section shall abrogate State sovereign immunity or authorize any suit against a State for monetary damages.”