Title 7, AgricultureRelease 119-110

§1639i Federal Preemption

Title 7 › CHAPTER 38 — DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS › SUBCHAPTER VI — LABELING OF CERTAIN FOOD › § 1639i

Last updated Sep 22, 2026|Official source

Summary

States and local governments cannot make or keep any rule about labeling food or seed that moves between states to say it is genetically engineered or was made using genetic engineering. That ban also applies to food served in restaurants and to any claim that a product "is" or "contains" an ingredient made with genetic engineering. The phrase "genetically engineered" also includes similar words the Secretary of Agriculture decides. Food here means the federal government's definition of food.

Full Legal Text

Title 7, §1639i

Agriculture, Source: USLM XML via OLRC

(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 (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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1639i

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110