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7 U.S.C. § 1639i — Federal preemption
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of food** In this subchapter, the term “food” has the meaning given the term in [section 321 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321&num=0&edition=prelim).
**(b) Federal preemption** No State or a political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food or seed in interstate commerce any requirement relating to the labeling of whether a food (including food served in a restaurant or similar establishment) or seed is genetically engineered (which shall include such other similar terms as determined by the Secretary of Agriculture) or was developed or produced using genetic engineering, including any requirement for claims that a food or seed is or contains an ingredient that was developed or produced using genetic engineering.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1639i
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Stable record: federal_law:legal_authorities:record_usc_1988a8d28715f379867381b1
Source file: Laws/federal/codes/united-states-code/title-7/section-1639i-federal-preemption--5eaf604d15.md
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Source location: Title 7, Chapter 38, § 1639i; chapter-038-distribution-and-marketing-of-agricultural-products.md
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**(a) Definition of food** In this subchapter, the term “food” has the meaning given the term in [section 321 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321&num=0&edition=prelim).
**(b) Federal preemption** No State or a political subdivision of a State may directly or indirectly establish under any authority or continue in effect as to any food or seed in interstate commerce any requirement relating to the labeling of whether a food (including food served in a restaurant or similar establishment) or seed is genetically engineered (which shall include such other similar terms as determined by the Secretary of Agriculture) or was developed or produced using genetic engineering, including any requirement for claims that a food or seed is or contains an ingredient that was developed or produced using genetic engineering.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
**(a)**
(1) The term “State”, except as used in the last sentence of [section 372(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section372/a&num=0&edition=prelim), means any State or Territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(2) The term “Territory” means any Territory or possession of the United States, including the District of Columbia, and excluding the Commonwealth of Puerto Rico and the Canal Zone.
**(b)** The term “interstate commerce” means (1) commerce between any State or Territory and any place outside thereof, and (2) commerce within the District of Columbia or within any other Territory not organized with a legislative body.
**(c)** The term “Department” means Department of Health and Human Services.
**(d)** The term “Secretary” means the Secretary of Health and Human Services.
**(e)** The term “person” includes individual, partnership, corporation, and association.
**(f)** The term “food” means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.
**(g)**
(1) The term “drug” means (A) articles recognized in the official United States Pharmacopoeia,11 So in original. Probably should be “Pharmacopeia,”. official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any article specif
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of mandatory standard** Not later than 2 years after July 29, 2016, the Secretary shall—
(1) establish a national mandatory bioengineered food disclosure standard with respect to any bioengineered food and any food that may be bioengineered; and
(2) establish such requirements and procedures as the Secretary determines necessary to carry out the standard.
**(b) Regulations**
(1) **In general** — A food may bear a disclosure that the food is bioengineered only in accordance with regulations promulgated by the Secretary in accordance with this subchapter.
(2) **Requirements** — A regulation promulgated by the Secretary in carrying out this subchapter shall—
(A) prohibit a food derived from an animal to be considered a bioengineered food solely because the animal consumed feed produced from, containing, or consisting of a bioengineered substance;
(B) determine the amounts of a bioengineered substance that may be present in food, as appropriate, in order for the food to be a bioengineered food;
(C) establish a process for requesting and granting a determination by the Secretary regarding other factors and conditions under which a food is considered a bioengineered food;
(D) in accordance with subsection (d), require that the form of a food disclosure under this section be a text, symbol, or electronic or digital link, but excluding Internet website Uniform Resource Locators not embedded in the link, with the disclosure option to be selected by the food manufacturer;
(E) provide alternative reasonable disclosure options for food contained in small or very small packages;
(F) in the case of small food manufacturers, provide—
(i) an implementation date that is not earlier than 1 year after the implementation date for regulations
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1639b
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Federal law — U.S. Code and appendices · legal_authorities
Page 948
TITLE 7—AGRICULTURE
§ 1639c
bioengineering for a food that is the subject of
the
national
bioengineered
food
disclosure
standard under this section that is not identical
to the mandatory disclosure requirement under
that standard.
(f) Consistency with certain laws
The Secretary shall consider establishing con-
sistency between—
(1) the national bioengineered food disclo-
sure standard established under this section;
and
(2) the Organic Foods Production Act of 1990
(7 U.S.C. 6501 et seq.) and any rules or regula-
tions implementing that Act.
(g) Enforcement
(1) Prohibited act
It shall be a prohibited act for a person to
knowingly fail to make a disclosure as re-
quired under this section.
(2) Recordkeeping
Each person subject to the mandatory dis-
closure requirement under this section shall
maintain, and make available to the Sec-
retary, on request, such records as the Sec-
retary determines to be customary or reason-
able in the food industry, by regulation, to es-
tablish compliance with this section.
(3) Examination and audit
(A) In general
The Secretary may conduct an examina-
tion, audit, or similar activity with respect
to any records required under paragraph (2).
(B) Notice and hearing
A person subject to an examination, audit,
or similar activity under subparagraph (A)
shall be provided notice and opportunity for
a hearing on the results of any examination,
audit, or similar activity.
(C) Audit results
After the notice and opportunity for a
hearing under subparagraph (B), the Sec-
retary shall make public the summary of
any examination, audit, or similar activity
under subparagraph (A).
(4) Recall authority
The Secretary shall have no authority to re-
call any food subject to this subchapter on the
basis of whethe
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1639i
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