C.F.R. » Title 16 » CHAPTER I—FEDERAL TRADE COMMISSION › SUBCHAPTER C—REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS › PART 323—MADE IN USA LABELING

16 C.F.R. § 323.5

Relation to Federal and State laws

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) In general. This part shall not be construed as superseding, altering, or affecting the application of any other federal law or regulation relating to country-of-origin labeling requirements, including but not limited to the Federal Meat Inspection Act, 21 U.S.C. 601 et seq., the Poultry Products Inspection Act, 21 U.S.C. 451 et seq., and the Egg Products Inspection Act, 21 U.S.C. 1031 et seq. In addition, this part shall not be construed as superseding, altering, or affecting any other State statute, regulation, order, or interpretation relating to country-of-origin labeling requirements, except to the extent that such statute, regulation, order, or interpretation is inconsistent with the provisions of this part, and then only to the extent of the inconsistency.

(b) Greater protection under State law. For purposes of this section, a State statute, regulation, order, or interpretation is not inconsistent with the provisions of this part if the protection such statute, regulation, order, or interpretation affords any consumer is greater than the protection provided under this part, as determined by the Commission on its own motion or upon the petition of any interested party.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2025 · leading case: Corona v. It's a New 10, LLC (S.D. Cal. 2025).
Sort: Relevance Newest Treatment
Corona v. It's a New 10, LLC (S.D. Cal. 2025). “”3 16 C.F.R. § 323.5 (a) (emphasis added). 7 When a preemption statute uses the term “inconsistent”, it refers to “contradictory 8 state law requirements, or to requirements that stand as obstacles to federal objectives.”
Kaufmann (D. Minnesota 2025). “” 16 C.F.R. § 323.5 (a). And, as noted, the guidance document isn’t binding on the Commission, making it difficult to understand how it might be controlling here.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.