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

# §1639b. Establishment of national bioengineered food disclosure standard

- (a) **Establishment of mandatory standard—** Not later than 2 years after July 29, 2016, the [Secretary](/usc/7/1639.md?p=3) shall—
  - (1) establish a national mandatory bioengineered [food](/usc/7/1639.md?p=2) disclosure standard with respect to any bioengineered [food](/usc/7/1639.md?p=2) and any [food](/usc/7/1639.md?p=2) that may be bioengineered; and
  - (2) establish such requirements and procedures as the [Secretary](/usc/7/1639.md?p=3) determines necessary to carry out the standard.
- (b) **Regulations—**
  - (1) **In general—** A [food](/usc/7/1639.md?p=2) may bear a disclosure that the [food](/usc/7/1639.md?p=2) is bioengineered only in accordance with regulations promulgated by the [Secretary](/usc/7/1639.md?p=3) in accordance with this subchapter.
  - (2) **Requirements—** A regulation promulgated by the [Secretary](/usc/7/1639.md?p=3) in carrying out this subchapter shall—
    - (A) prohibit a [food](/usc/7/1639.md?p=2) derived from an animal to be considered a bioengineered [food](/usc/7/1639.md?p=2) 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](/usc/7/1639.md?p=2), as appropriate, in order for the [food](/usc/7/1639.md?p=2) to be a bioengineered [food](/usc/7/1639.md?p=2);
    - (C) establish a process for requesting and granting a determination by the [Secretary](/usc/7/1639.md?p=3) regarding other factors and conditions under which a [food](/usc/7/1639.md?p=2) is considered a bioengineered [food](/usc/7/1639.md?p=2);
    - (D) in accordance with [subsection (d)](#d), require that the form of a [food](/usc/7/1639.md?p=2) 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](/usc/7/1639.md?p=2) manufacturer;
    - (E) provide alternative reasonable disclosure options for [food](/usc/7/1639.md?p=2) contained in small or very small packages;
    - (F) in the case of small [food](/usc/7/1639.md?p=2) manufacturers, provide—
      - (i) an implementation date that is not earlier than 1 year after the implementation date for regulations promulgated in accordance with this section; and
      - (ii) on-package disclosure options, in addition to those available under [subparagraph (D)](#b-2-D), to be selected by the small [food](/usc/7/1639.md?p=2) manufacturer, that consist of—
        - (I) a telephone number accompanied by appropriate language to indicate that the phone number provides access to additional information; and
        - (II) an Internet website maintained by the small [food](/usc/7/1639.md?p=2) manufacturer in a manner consistent with [subsection (d)](#d), as appropriate; and
    - (G) exclude—
      - (i) [food](/usc/7/1639.md?p=2) served in a restaurant or similar retail [food](/usc/7/1639.md?p=2) establishment; and
      - (ii) very small [food](/usc/7/1639.md?p=2) manufacturers.
  - (3) **Safety—** For the purpose of regulations promulgated and [food](/usc/7/1639.md?p=2) disclosures made pursuant to [paragraph (2)](#b-2), a bioengineered [food](/usc/7/1639.md?p=2) that has successfully completed the pre-[market](/usc/7/198.md?p=1) Federal regulatory review process shall not be treated as safer than, or not as safe as, a non-bioengineered counterpart of the [food](/usc/7/1639.md?p=2) solely because the [food](/usc/7/1639.md?p=2) is bioengineered or produced or developed with the use of [bioengineering](/usc/7/1639.md?p=1).
- (c) **Study of electronic or digital link disclosure—**
  - (1) **In general—** Not later than 1 year after July 29, 2016, the [Secretary](/usc/7/1639.md?p=3) shall conduct a study to identify potential technological challenges that may impact whether consumers would have access to the [bioengineering](/usc/7/1639.md?p=1) disclosure through electronic or digital disclosure methods.
  - (2) **Public comments—** In conducting the study under [paragraph (1)](#c-1), the [Secretary](/usc/7/1639.md?p=3) shall solicit and consider comments from the public.
  - (3) **Factors—** The study conducted under [paragraph (1)](#c-1) shall consider whether consumer access to the [bioengineering](/usc/7/1639.md?p=1) disclosure through electronic or digital disclosure methods under this subchapter would be affected by the following factors:
    - (A) The availability of wireless Internet or cellular networks.
    - (B) The availability of landline telephones in stores.
    - (C) Challenges facing small [retailers](/usc/7/499a.md?p=b-11) and rural [retailers](/usc/7/499a.md?p=b-11).
    - (D) The efforts that [retailers](/usc/7/499a.md?p=b-11) and other entities have taken to address potential technology and infrastructure challenges.
    - (E) The costs and benefits of installing in retail stores electronic or digital link scanners or other evolving technology that provide [bioengineering](/usc/7/1639.md?p=1) disclosure information.
  - (4) **Additional disclosure options—** If the [Secretary](/usc/7/1639.md?p=3) determines in the study conducted under [paragraph (1)](#c-1) that consumers, while shopping, would not have sufficient access to the [bioengineering](/usc/7/1639.md?p=1) disclosure through electronic or digital disclosure methods, the [Secretary](/usc/7/1639.md?p=3), after consultation with [food](/usc/7/1639.md?p=2) [retailers](/usc/7/499a.md?p=b-11) and manufacturers, shall provide additional and comparable options to access the [bioengineering](/usc/7/1639.md?p=1) disclosure.
- (d) **Disclosure—** In promulgating regulations under this section, the [Secretary](/usc/7/1639.md?p=3) shall ensure that—
  - (1) on-package language accompanies—
    - (A) the electronic or digital link disclosure, indicating that the electronic or digital link will provide access to an Internet website or other landing page by stating only “Scan here for more [food](/usc/7/1639.md?p=2) information”, or equivalent language that only reflects technological changes; or
    - (B) any telephone number disclosure, indicating that the telephone number will provide access to additional information by stating only “Call for more [food](/usc/7/1639.md?p=2) information.”;
  - (2) the electronic or digital link will provide access to the [bioengineering](/usc/7/1639.md?p=1) disclosure located, in a consistent and conspicuous manner, on the first product information page that appears for the product on a mobile device, Internet website, or other landing page, which shall exclude marketing and promotional information;
  - (3)
    - (A) the electronic or digital link disclosure may not collect, analyze, or sell any personally identifiable information about consumers or the devices of consumers; but
    - (B) if information described in [subparagraph (A)](#d-3-A) must be collected to carry out the purposes of this subchapter, that information shall be deleted immediately and not used for any other purpose;
  - (4) the electronic or digital link disclosure also includes a telephone number that provides access to the [bioengineering](/usc/7/1639.md?p=1) disclosure; and
  - (5) the electronic or digital link disclosure is of sufficient size to be easily and effectively scanned or read by a digital device.
- (e) **State food labeling standards—** Notwithstanding [section 1639i of this title](/usc/7/1639i.md), no [State](/usc/7/198.md?p=5) or political subdivision of a [State](/usc/7/198.md?p=5) may directly or indirectly establish under any authority or continue in effect as to any [food](/usc/7/1639.md?p=2) in interstate commerce any requirement relating to the labeling or disclosure of whether a [food](/usc/7/1639.md?p=2) is bioengineered or was developed or produced using [bioengineering](/usc/7/1639.md?p=1) for a [food](/usc/7/1639.md?p=2) that is the subject of the national bioengineered [food](/usc/7/1639.md?p=2) disclosure standard under this section that is not identical to the mandatory disclosure requirement under that standard.
- (f) **Consistency with certain laws—** The [Secretary](/usc/7/1639.md?p=3) shall consider establishing consistency between—
  - (1) the national bioengineered [food](/usc/7/1639.md?p=2) disclosure standard established under this section; and
  - (2) the Organic [Foods](/usc/7/1639.md?p=2) Production Act of 1990 ([7 U.S.C. 6501](/usc/7/6501.md) et seq.) and any rules or regulations implementing that Act.
- (g) **Enforcement—**
  - (1) **Prohibited act—** It shall be a prohibited act for a [person](/usc/7/499a.md?p=b-1) to knowingly fail to make a disclosure as required under this section.
  - (2) **Recordkeeping—** Each [person](/usc/7/499a.md?p=b-1) subject to the mandatory disclosure requirement under this section shall maintain, and make available to the [Secretary](/usc/7/1639.md?p=3), on request, such records as the [Secretary](/usc/7/1639.md?p=3) determines to be customary or reasonable in the [food](/usc/7/1639.md?p=2) industry, by regulation, to establish compliance with this section.
  - (3) **Examination and audit—**
    - (A) **In general—** The [Secretary](/usc/7/1639.md?p=3) may conduct an examination, audit, or similar activity with respect to any records required under [paragraph (2)](#g-2).
    - (B) **Notice and hearing—** A [person](/usc/7/499a.md?p=b-1) subject to an examination, audit, or similar activity under [subparagraph (A)](#g-3-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)](#g-3-B), the [Secretary](/usc/7/1639.md?p=3) shall make public the summary of any examination, audit, or similar activity under [subparagraph (A)](#g-3-A).
  - (4) **Recall authority—** The [Secretary](/usc/7/1639.md?p=3) shall have no authority to recall any [food](/usc/7/1639.md?p=2) subject to this subchapter on the basis of whether the [food](/usc/7/1639.md?p=2) bears a disclosure that the [food](/usc/7/1639.md?p=2) is bioengineered.

## Source credit

(Aug. 14, 1946, ch. 966, title II, § 293, as added Pub. L. 114–216, § 1, July 29, 2016, 130 Stat. 835.)

## Notes

### 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.