21 U.S.C. § 343-1 : US Code - Section 343-1: National uniform nutrition labeling

Search 21 U.S.C. § 343-1 : US Code - Section 343-1: National uniform nutrition labeling

(a) Except as provided in subsection (b) of this section, no
State or political subdivision of a State may directly or
indirectly establish under any authority or continue in effect as
to any food in interstate commerce -
(1) any requirement for a food which is the subject of a
standard of identity established under section 341 of this title
that is not identical to such standard of identity or that is not
identical to the requirement of section 343(g) of this title,
except that this paragraph does not apply to a standard of
identity of a State or political subdivision of a State for maple
syrup that is of the type required by sections 341 and 343(g) of
this title,
(2) any requirement for the labeling of food of the type
required by section 343(c), 343(e), 343(i)(2), 343(w), or 343(x)
of this title that is not identical to the requirement of such
section, except that this paragraph does not apply to a
requirement of a State or political subdivision of a State that
is of the type required by section 343(c) of this title and that
is applicable to maple syrup,
(3) any requirement for the labeling of food of the type
required by section 343(b), 343(d), 343(f), 343(h), 343(i)(1), or
343(k) of this title that is not identical to the requirement of
such section, except that this paragraph does not apply to a
requirement of a State or political subdivision of a State that
is of the type required by section 343(h)(1) of this title and
that is applicable to maple syrup,
(4) any requirement for nutrition labeling of food that is not
identical to the requirement of section 343(q) of this title,
except a requirement for nutrition labeling of food which is
exempt under subclause (i) or (ii) of section 343(q)(5)(A) of
this title, or
(5) any requirement respecting any claim of the type described
in section 343(r)(1) of this title made in the label or labeling
of food that is not identical to the requirement of section
343(r) of this title, except a requirement respecting a claim
made in the label or labeling of food which is exempt under
section 343(r)(5)(B) of this title.
Paragraph (3) shall take effect in accordance with section 6(b) of
the Nutrition Labeling and Education Act of 1990.
(b) Upon petition of a State or a political subdivision of a
State, the Secretary may exempt from subsection (a) of this
section, under such conditions as may be prescribed by regulation,
any State or local requirement that -
(1) would not cause any food to be in violation of any
applicable requirement under Federal law,
(2) would not unduly burden interstate commerce, and
(3) is designed to address a particular need for information
which need is not met by the requirements of the sections
referred to in subsection (a) of this section.