U.S. Code » Title 7 » Chapter CHAPTER 38— DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS › Subchapter SUBCHAPTER V— NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD

7 U.S.C. § 1639

Definitions

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In this subchapter:(1) BioengineeringThe term “bioengineering”, and any similar term, as determined by the Secretary, with respect to a food, refers to a food—(A) that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques; and(B) for which the modification could not otherwise be obtained through conventional breeding or found in nature.(2) Food

The term “food” means a food (as defined in section 321 of title 21) that is intended for human consumption.

(3) Secretary

The term “Secretary” means the Secretary of Agriculture.

(Aug. 14, 1946, ch. 966, title II, § 291, as added Pub. L. 114–216, § 1, July 29, 2016, 130 Stat. 834.)
Notes of Decisions
Cited in 11 cases (6 in the last 5 years), 2018–2025 · leading case: Holve v. Mccormick
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Holve v. Mccormick (2018) nywd · cites it 2× “Federal Preemption Defendant argues that Plaintiff's claims are expressly preempted by the National Bioengineered Food Disclosure Standard ("NBFDS"), 7 U.S.C. § 1639 . ECF No. 8-1 at 12. The NBFDS directs the Secretary of the USDA to "establish a national mandatory bioengineered…”
Lee v. Conagra Brands, Inc. (2020) ca1 “§ 343-1 , and the National Bioengineered Food Disclosure Standard, 7 U.S.C. § 1639 et seq. -- preempt Lee's requested relief.”
Horn v. Med. Marijuana, Inc. (2019) nywd “" 7 U.S.C. § 1639 o (1). Thus, it appears that the CSA now excludes from the definition of marijuana any part, derivative, or extract of the Cannabis sativa plant if its THC concentration falls below that threshold level.”
Natural Grocers v. Brooke Rollins (2025) ca9 · cites it 9× “834 (2016); see also 7 U.S.C. §§ 1639–1639j. 1 Specifically, the AMA’s new subtitle E is titled “National Bioengineered Food Disclosure Standard,” see 130 Stat.”
United States v. Mallory (2019) usdistct · cites it 2× “Hemp is now defined in 7 U.S.C. § 1639 o as "the plant Cannabis sativa L.”
Super Smoke N Save LLC v. New York State Cannabis Control Bd. (2025) nysupctalbany “3 percent on a dry weight basis" ( 7 USC § 1639 o [1])—so, unlike marijuana, hemp products are generally not intoxicants.”
Super Smoke N Save LLC v. New York State Cannabis Control Bd. (2025) nysupctalbany “3 percent on a dry weight basis" ( 7 USC § 1639 o [1])—so, unlike marijuana, hemp products are generally not intoxicants.”
Natural Grocers v. Perdue (2022) cand · cites it 4× “Plaintiffs are retail stores that sell 17 natural and organic food products, and organizations engaged in food safety advocacy. 18 Defendants are the United States Department of Agriculture (USDA), the USDA Secretary, and 19 the Administrator of the Agricultural Marketing…”
Flandreau Santee Sioux Tribe v. United States Department of Agriculture (2019) sdd “Although 7 U.S.C. § 1639 (p)(b)(1) does indicate that the Secretary is to approve or deny a plan within 60-days of receipt, the statute also states that the Secretary has sole authority “to promulgate Federal regulations and guidelines that relate to the production of hemp,…”
Super Smoke N Save LLC v. New York State Cannabis Control Bd. (2025) nysupctalbany “3 percent on a dry weight basis" ( 7 USC § 1639 o [1])—so, unlike marijuana, hemp products are generally not intoxicants.”
Degollado v. City of Port Lavaca, Texas (2025) txsd “4490 , 4908 (2018) (codified at 7 U.S.C. § 1639 (o)(1)). 5 See Act of June 10, 2019, 86th Leg.”
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