S 1326 — Food Security and Farm Protection Act

Summary

This bill would prohibit states and local governments from imposing production standards or conditions on agricultural products grown in other states that exceed the standards of federal law or the state where the products are grown. The bill creates a federal private right of action allowing producers, transporters, distributors, consumers, businesses, and others to challenge state or local agricultural regulations in federal court and seek damages for economic losses. A court must issue a preliminary injunction stopping enforcement of a regulation unless the state proves by clear and convincing evidence that it will prevail and the injunction would cause irreparable harm. The bill sets a 10-year statute of limitations for bringing such challenges.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Sponsor (1)

Sen. Ernst, Joni [R-IA] (R-IA)

8 cosponsors

Money behind the sponsor

Top reported contributors to Joni Ernst’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.

NULL $57,653
CAPITAL GROUP $40,000
SOROBAN CAPITAL $13,200
CAPITAL GROUP COMPANIES $7,500
GOOGLE $6,800

Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Joni Ernst → · Outside spending →

Actions (2)

Apr 8, 2025 Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. · senate
Apr 8, 2025 Introduced in Senate

Similar bills (6)

Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.

Full text

IN THE SENATE OF THE UNITED STATES

April 8, 2025

Ms. Ernst (for herself, Mr. Grassley, Mr. Marshall, Mr. Cramer, Mr. Budd, Mr. Ricketts, and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To prevent States and local jurisdictions from interfering with the production and distribution of agricultural products in interstate commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Food Security and Farm Protection Act”.

SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL GOVERNMENTS WITH PRODUCTION OF ITEMS IN OTHER STATES.

(a) Definition of Agricultural Products.—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).

(b) Prohibition.—The government of a State or a unit of local government within a State shall not impose a standard or condition on the preharvest production of any agricultural products sold or offered for sale in interstate commerce if—

(1) the production occurs in another State; and

(2) subject to subsection (c), the standard or condition is in addition to the standards and conditions applicable to the production pursuant to—

(A) Federal law; and

(B) the laws of the State and unit of local government in which the production occurs.

(c) Rule of Construction.—If no standards or conditions are applicable to the production of an agricultural product pursuant to Federal law, or the laws of a State or unit of local government in which the production occurs, that lack of standards and conditions shall be deemed to be the standards and conditions applicable to the production of the agricultural product for purposes of subsection

(b)(2).

SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE REGULATION OF INTERSTATE COMMERCE.

(a) Definition of Agricultural Products.—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).

(b) Private Right of Action.—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.

(c) Preliminary Injunction.—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—

(1) the State or unit of local government is likely to prevail on the merits at trial; and

(2) the injunction would cause irreparable harm to the State or unit of local government.

(d) Statute of Limitations.—No action shall be maintained under this section unless the action is commenced not later than 10 years after the cause of action arose.

(e) Jurisdiction.—A person described in subsection (b) may bring an action under that subsection in—

(1) the district court of the United States for the judicial district in which the person—

S 1326

Introduced