Food Security and Farm Protection Act

Summary

Stops states and localities from imposing new preharvest production rules on agricultural products that were grown or produced in another State and sold across state lines when federal or the producing State/local rules already apply. It also creates a federal private right of action that lets a wide range of parties sue to block and get money for enforcement of state or local regulations that affect interstate agricultural products, with a 10‑year filing window and a presumption in favor of preliminary injunctive relief unless the government shows clear and convincing evidence otherwise.

• Prevents States/localities from imposing additional preharvest production standards on out‑of‑state agricultural products sold in interstate commerce when producing-State or federal standards apply.
• If no producing-State or federal standard exists, that absence is treated as the applicable standard, blocking other jurisdictions from adding preharvest rules.
• Creates a broad federal private right of action allowing many types of plaintiffs to sue to invalidate local or State regulations affecting interstate agricultural products and to recover economic damages.
• Plaintiffs are presumptively entitled to preliminary injunctions against enforcement unless the government proves by clear and convincing evidence both likely success and irreparable harm.
• 10-year statute of limitations for bringing actions after accrual.
• Venue rules allow plaintiffs to sue where they are affected or do business, increasing forum options.
• Does not appropriate funds or create new federal regulatory programs; its primary effect is to preempt and expose State/local rules to judicial challenge.
• Could limit local efforts to regulate production practices (animal welfare, environmental, worker safety) for products originating in other States.