7 U.S.C. § 1639i
Federal preemption
In this subchapter, the term “food” has the meaning given the term in section 321 of title 21.
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.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2018–2025 · leading case: In re Kind LLC \Healthy & All Nat.\" Litig.", 287 F. Supp. 3d 457 (S.D. Ill. 2018).
In re Kind LLC \Healthy & All Nat.\" Litig.", 287 F. Supp. 3d 457 (S.D. Ill. 2018). “7 U.S.C. § 1639i (titled "Federal preemption").”
Holve v. Mccormick, 334 F. Supp. 3d 535 (W.D.N.Y. 2018). “7 U.S.C. § 1639i(b). Thus, at issue here is whether Plaintiff's remaining claims fall within the scope of this provision.”
Nat. Grocers v. Brooke Rollins, 157 F.4th 1143 (9th Cir. 2025). “at 838; see also 7 U.S.C. §§ 1639i– 1639j. Section 293(a)(1) of the AMA specifies that the required disclosure standard generally applies “with respect to any bioengineered food and any food that may be 1 Because title 7 has not been enacted as positive law, we will generally…”
Nat. Grocers v. Perdue, No. 3:20-cv-05151 (N.D. Cal. Sept. 13, 2022). “See 7 U.S.C. § 1639i(b). 26 Rather, Section 1639i(b) is a typical federal preemption provision no different from similar 27 provisions in many other federal statutes.”
7 U.S.C. § 1639i(b): 4 cases
In re Kind LLC \Healthy & All Nat.\" Litig.", 287 F. Supp. 3d 457 (S.D. Ill. 2018). “7 U.S.C. § 1639i (titled "Federal preemption").”
Holve v. Mccormick, 334 F. Supp. 3d 535 (W.D.N.Y. 2018). “7 U.S.C. § 1639i(b). Thus, at issue here is whether Plaintiff's remaining claims fall within the scope of this provision.”
Nat. Grocers v. Perdue, No. 3:20-cv-05151 (N.D. Cal. Sept. 13, 2022). “See 7 U.S.C. § 1639i(b). 26 Rather, Section 1639i(b) is a typical federal preemption provision no different from similar 27 provisions in many other federal statutes.”
Nat. Grocers v. Brooke Rollins, 157 F.4th 1143 (9th Cir. 2025). “at 838; see also 7 U.S.C. §§ 1639i– 1639j. Section 293(a)(1) of the AMA specifies that the required disclosure standard generally applies “with respect to any bioengineered food and any food that may be 1 Because title 7 has not been enacted as positive law, we will generally…”
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