---
kind: "section"
citation: "7 U.S.C. § 1639i"
title: "7"
title_heading: "Agriculture"
number: "1639i"
heading: "Federal preemption"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/1639i"
units:
  - "Chapter 38 — Distribution and Marketing of Agricultural Products"
  - "Subchapter VI — Labeling of Certain Food"
---

# §1639i. Federal preemption

- (a) **Definition of food—** In this subchapter, the term “[food](/usc/7/1639.md?p=2)” has the meaning given the term in [section 321 of title 21](/usc/21/321.md).
- (b) **Federal preemption—** No [State](/usc/7/198.md?p=5) or a 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) or seed in interstate commerce any requirement relating to the labeling of whether a [food](/usc/7/1639.md?p=2) (including [food](/usc/7/1639.md?p=2) served in a restaurant or similar establishment) or seed is genetically engineered (which shall include such other similar terms as determined by the [Secretary](/usc/7/1639.md?p=3) of Agriculture) or was developed or produced using genetic engineering, including any requirement for claims that a [food](/usc/7/1639.md?p=2) or seed is or contains an ingredient that was developed or produced using genetic engineering.

## Source credit

(Aug. 14, 1946, ch. 966, title II, § 295, as added Pub. L. 114–216, § 1, July 29, 2016, 130 Stat. 838.)