Food Security and Farm Protection Act

Key Points

• This bill bars states and local governments from imposing their own production standards on agricultural products grown or raised in other states, as long as those products are sold in interstate commerce. If a farm follows federal law and the rules of its own state, no other state can add extra requirements.
• The bill specifically targets state laws that regulate farming methods like animal housing standards or crop production practices for out-of-state producers. It also treats the absence of regulations in a state as the accepted standard, meaning states without strict rules would effectively set the baseline.
• A wide range of people, including farmers, transporters, distributors, consumers, laborers, and trade associations, could sue in federal court to strike down state regulations that affect interstate agricultural commerce and seek money damages for economic losses.
• Courts would be required to issue preliminary injunctions blocking the challenged state rules unless the state can prove by "clear and convincing evidence" that it is likely to win and that blocking the rule would cause it irreparable harm. This flips the normal legal standard and makes it much harder for states to keep their laws in effect during litigation.