; 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). 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