---
kind: "section"
citation: "7 U.S.C. § 1639a"
title: "7"
title_heading: "Agriculture"
number: "1639a"
heading: "Applicability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/1639a"
units:
  - "Chapter 38 — Distribution and Marketing of Agricultural Products"
  - "Subchapter V — National Bioengineered Food Disclosure Standard"
---

# §1639a. Applicability

- (a) **In general—** This subchapter shall apply to any claim in a disclosure that a [food](/usc/7/1639.md?p=2) bears that indicates that the [food](/usc/7/1639.md?p=2) is a bioengineered [food](/usc/7/1639.md?p=2).
- (b) **Application of definition—** The definition of the term “[bioengineering](/usc/7/1639.md?p=1)” under [section 1639 of this title](/usc/7/1639.md) shall not affect any other definition, program, rule, or regulation of the Federal Government.
- (c) **Application to foods—** This subchapter shall apply only to a [food](/usc/7/1639.md?p=2) subject to—
  - (1) the labeling requirements under the Federal [Food](/usc/7/1639.md?p=2), Drug, and Cosmetic Act ([21 U.S.C. 301](/usc/21/301.md) et seq.); or
  - (2) the labeling requirements under the Federal Meat Inspection Act ([21 U.S.C. 601](/usc/21/601.md) et seq.), the Poultry Products Inspection Act ([21 U.S.C. 451](/usc/21/451.md) et seq.), or the Egg Products Inspection Act ([21 U.S.C. 1031](/usc/21/1031.md) et seq.) only if—
    - (A) the most predominant ingredient of the [food](/usc/7/1639.md?p=2) would independently be subject to the labeling requirements under the Federal [Food](/usc/7/1639.md?p=2), Drug, and Cosmetic Act ([21 U.S.C. 301](/usc/21/301.md) et seq.); or
    - (B)
      - (i) the most predominant ingredient of the [food](/usc/7/1639.md?p=2) is broth, stock, water, or a similar solution; and
      - (ii) the second-most predominant ingredient of the [food](/usc/7/1639.md?p=2) would independently be subject to the labeling requirements under the Federal [Food](/usc/7/1639.md?p=2), Drug, and Cosmetic Act ([21 U.S.C. 301](/usc/21/301.md) et seq.).

## Source credit

(Aug. 14, 1946, ch. 966, title II, § 292, as added Pub. L. 114–216, § 1, July 29, 2016, 130 Stat. 834.)

## Notes

### Editorial Notes

### References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (c)(1), (2)(A), (B)(ii), 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 classification of this Act to the Code, see section 301 of Title 21 and Tables.

The Federal Meat Inspection Act, referred to in subsec. (c)(2), is titles I to IV of act Mar. 4, 1907, ch. 2907, as added Pub. L. 90–201, Dec. 15, 1967, 81 Stat. 584, which are classified generally to subchapters I to IV (§ 601 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 21 and Tables.

The Poultry Products Inspection Act, referred to in subsec. (c)(2), is Pub. L. 85–172, Aug. 28, 1957, 71 Stat. 441, which is classified generally to chapter 10 (§ 451 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 451 of Title 21 and Tables.

The Egg Products Inspection Act, referred to in subsec. (c)(2), is Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to chapter 15 (§ 1031 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 1031 of Title 21 and Tables.