Title 21 — Food and DrugsRelease 119-73not60
§360ss State Standards
Title 21 › Chapter 9— FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter V— DRUGS AND DEVICES › Part C— Electronic Product Radiation Control › § 360ss
Summary
When a federal standard under 360kk covers an electronic product, states and subdivisions may not make or keep a different rule for the same performance; the rule must match the federal standard. But a government may set stricter radiation limits for products it buys for its own use.
Full Legal Text
Title 21, §360ss
Food and Drugs — Source: USLM XML via OLRC
Whenever any standard prescribed pursuant to section 360kk of this title with respect to an aspect of performance of an electronic product is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, any standard which is applicable to the same aspect of performance of such product and which is not identical to the Federal standard. Nothing in this part shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a requirement with respect to emission of radiation from electronic products procured for its own use if such requirement imposes a more restrictive standard than that required to comply with the otherwise applicable Federal standard.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was classified to section 263n of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 101–629.
Amendments
1993—Pub. L. 103–80 amended directory language of Pub. L. 101–629, § 19(a)(4), which renumbered section 263n of Title 42, The Public Health and Welfare, as this section. 1990—Pub. L. 101–629, § 19(a)(1)(B), (2)(H), substituted “section 360kk” for “section 263f” and “this part” for “this subpart”.
Statutory Notes and Related Subsidiaries
Noninterference With Other Federal AgenciesEnactment of this section not to be construed to supersede or limit the functions under any other provision of law of any officer or agency of the United States, see section 4 of Pub. L. 90–602, set out as a note under section 360hh of this title.
Reference
Citations & Metadata
Citation
21 U.S.C. § 360ss
Title 21 — Food and Drugs
Last Updated
Apr 5, 2026
Release point: 119-73not60