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7 U.S.C. § 1639i — Federal preemption
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
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Source file: Laws/federal/codes/united-states-code-2024/title-7/section-1639i-federal-preemption--a03fb5d86e.md
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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 whether the food bears a disclosure
that the food is bioengineered.
(Aug. 14, 1946, ch. 966, title II, § 293, as added Pub.
L. 114–216, § 1, July 29, 2016, 130 Stat. 835.)
Editorial Notes
REFERENCES IN TEXT
The Organic Foods Production Act of 1990, referred to
in subsec. (f)(2), is title XXI of Pub. L. 101–624, Nov. 28,
1990, 104 Stat. 3935, which is classified generally to
chapter 94 (§ 6501 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 6501 of this title and Tables.
§ 1639c. Savings provisions
(a) Trade
This subchapter shall be applied in a manner
consistent with United States obligations under
international agreements.
(b) Other authorities
Nothing in this subchapter—
(1) affects the authority of the Secretary of
Health and Human Services or creates any
rights or obligations for any person under the
Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.); or
(2) affects the authority of the Secretary of
the Treasury or creates any rights or obliga-
tions for any person under the Federal Alcohol
Administration Act (27 U.S.C. 201 et seq.).
(c) Other
A food may not be considered to be ‘‘not bio-
engineered’’, ‘‘non-GMO’’, or any other similar
claim describing the absence of bioengineering
in the food solely because the food is not re-
quired to bear a disclosure that the food is bio-
engineered under this subchapter.
(Aug. 14, 1946, ch. 966, title II, § 294, as added Pub.
L. 114–216, § 1, July 29, 2016, 130 Stat. 838.)
Editorial Notes
REFERENCES IN TEXT
The Federal Food, Drug, and Cosmetic Act, referred
to in subsec. (b)(1), is act June 25, 1938, ch. 675, 52 Stat.
1040, which is classified generally to chapter 9 (§ 301 et
seq.) of Title 21, Food and Drugs. For complete classi-
fication of this Act to the Code, see section 301 of Title
21 and Tables.
The Federal Alcohol Administration Act, referred to
in subsec. (b)(2), is act Aug. 29, 1935, ch. 814, 49 Stat. 977,
which is classified generally to subchapter I (§ 201 et
seq.) of chapter 8 of Title 27, Intoxicating Liquors. For
complete classification of this Act to the Code, see sec-
tion 201 of Title 27 and Tables.
SUBCHAPTER VI—LABELING OF CERTAIN
FOOD
§ 1639i. Federal preemption
(a) Definition of food
In this subchapter, the term ‘‘food’’ has the
meaning given the term in section 321 of title 21.
(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 (in-
cluding food served in a restaurant or similar es-
tablishment) 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 engi-
neering, including any requirement for claims
that a food or seed is or contains an ingredient
that was developed or produced using genetic
engineering.
(Aug. 14, 1946, ch. 966, title II, § 295, as added Pub.
L. 114–216, § 1, July 29, 2016, 130 Stat. 838.)
§ 1639j. Exclusion from Federal preemption
Nothing in this subchapter, subchapter V, or
any regulation, rule, or requirement promul-
gated in accordance with this subchapter or sub-
chapter V shall be construed to preempt any
remedy created by a State or Federal statutory
or common law right.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
Page 30
TITLE 21—FOOD AND DRUGS
§ 301
Sec.
398.
Notices to States regarding imported food.
399.
Grants to enhance food safety.
399a.
Office of the Chief Scientist.
399b.
Office of Women’s Health.
399c.
Improving the training of State, local, terri-
torial, and tribal food safety officials.
399d.
Employee protections.
399e.
Nanotechnology.
399f.
Ensuring
adequate
information
regarding
pharmaceuticals for all populations, par-
ticularly underrepresented subpopulations,
including racial subgroups.
399g.
Food and Drug Administration Intercenter
Institutes.
399h.
National Centers of Excellence in Advanced
and Continuous Pharmaceutical Manufac-
turing.
399i.
Food and Drug Administration Working Cap-
ital Fund.
SUBCHAPTER I—SHORT TITLE
§ 301. Short title
This chapter may be cited as the Federal
Food, Drug, and Cosmetic Act.
(June 25, 1938, ch. 675, § 1, 52 Stat. 1040.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES
Act June 23, 1939, ch. 242, §§ 1, 2, 53 Stat. 853, 854, pro-
vided that:
‘‘[SEC. 1] (a) The effective date of the following provi-
sions of the Federal Food, Drug, and Cosmetic Act is
hereby postponed until January 1, 1940: Sections 402(c)
[342(c) of this title]; 403(e)(1) [343(e)(1) of this title];
403(g), (h), (i), (j), and (k) [343(g) to (k) of this title];
501(a), (4) [351(a)(4) of this title]; 502(b), (d), (e), (f), (g),
and (h) [352(b), (d) to (h) of this title]; 601(e) [361(e) of
this title]; and 602(b) [362(b) of this title].
‘‘(b) The Secretary of Agriculture shall promulgate
regulations further postponing to July 1, 1940[,] the ef-
fective date of the provisions of sections 403(e)(1)
[343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g)
to (k)]; 502(b), (d), (
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “Federal Alcohol Administration Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 27 U.S.C. § 201
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Federal law — U.S. Code and appendices · legal_authorities
Page 8
TITLE 27—INTOXICATING LIQUORS
§ 201
attorney violations of this chapter and chapter 3 of this
title, was incorporated in section 3117(a) of the Internal
Revenue Code of 1939.
Section 153, act Aug. 27, 1935, ch. 740, § 4, 49 Stat. 872,
subjected violators of laws relating to denatured alco-
hol to laws relating to nondenatured alcohol, was in-
corporated in section 3111 of Internal Revenue Code of
1939.
Section 154, act Aug. 27, 1935, ch. 740, § 5, 49 Stat. 873,
related to revocation of manufacturer’s permits for
false descriptions of denatured alcohol, was incor-
porated in section 3114(c) of Internal Revenue Code of
1939.
Section 155, act Aug. 27, 1935, ch. 740, § 6, 49 Stat. 873,
required persons manufacturing or dealing in denatured
alcohol to obtain a permit from Commissioner, was in-
corporated in section 3114(a) of Internal Revenue Code
of 1939.
Section 156, act Aug. 27, 1935, ch. 740, § 7, 49 Stat. 874,
provided for revocation of permits by Commissioner
where terms of permit have been violated or provisions
of this chapter and chapter 3 of this title have not been
conformed to or other laws and regulations relating to
intoxicating liquor have been violated, was incor-
porated in section 3114(b) of Internal Revenue Code of
1939.
Section 157, act Aug. 27, 1935, ch. 740, § 8, 49 Stat. 874,
related to search, seizure, and forfeiture of liquor or
property to be used in violation of this chapter or chap-
ter 3 of this title or laws or regulations with respect to
intoxicating liquor, was incorporated in section 3116 of
Internal Revenue Code of 1939.
Section 158, act Aug. 27, 1935, ch. 740, § 9, 49 Stat. 875,
related to rights, privileges, powers, and protection of
Commissioner and his assistants and employees, was
incorporated in sect
Source: Supplied 2024 U.S. Code historical extraction · 27 U.S.C. § 201
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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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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this chapter—
(1) to establish national standards governing the marketing of certain agricultural products as organically produced products;
(2) to assure consumers that organically produced products meet a consistent standard; and
(3) to facilitate interstate commerce in fresh and processed food that is organically produced.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6501
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 6501. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1871
TITLE 7—AGRICULTURE
§ 6502
(Pub. L. 101–624, title XIX, § 1999Q, Nov. 28, 1990,
104 Stat. 3926.)
§ 6417. Authorization of appropriations
(a) In general
There are authorized to be appropriated for
each fiscal year such funds as are necessary to
carry out this chapter.
(b) Administrative expenses
The funds so appropriated shall not be avail-
able for payment of the expenses or expenditures
of the Board in administering any provision of
any order issued under this chapter.
(Pub. L. 101–624, title XIX, § 1999R, Nov. 28, 1990,
104 Stat. 3926.)
CHAPTER 94—ORGANIC CERTIFICATION
Sec.
6501.
Purposes.
6502.
Definitions.
6503.
National organic production program.
6504.
National standards for organic production.
6505.
Compliance requirements.
6506.
General requirements.
6507.
State organic certification program.
6508.
Prohibited crop production practices and ma-
terials.
6509.
Animal production practices and materials.
6510.
Handling.
6511.
Additional guidelines.
6512.
Other production and handling practices.
6513.
Organic plan.
6514.
Accreditation program.
6515.
Requirements of certifying agents.
6516.
Peer review of certifying agents.
6517.
National List.
6518.
National Organic Standards Board.
6519.
Recordkeeping, investigations, and enforce-
ment.
6520.
Administrative appeal.
6521.
Administration.
6521a.
Organic agricultural product imports inter-
agency working group.
6522.
Funding.
6523.
National organic certification cost-share pro-
gram.
6524.
Organically produced food.
§ 6501. Purposes
It is the purpose of this chapter—
(1) to establish national standards governing
the marketing of certain agricultural products
as organically produced products;
(2) to assure consumers that organically pro-
duced
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 6501
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 6501. This identifies an authority to review, not proof of applicability.