21 USC § 360ss - State standards

---
identifier: "/us/usc/t21/s360ss"
source: "usc"
legal_status: "official_prima_facie"
title: "21 USC § 360ss - State standards"
title_number: 21
title_name: "FOOD AND DRUGS"
section_number: "360ss"
section_name: "State standards"
chapter_number: 9
chapter_name: "FEDERAL FOOD, DRUG, AND COSMETIC ACT"
subchapter_number: "V"
subchapter_name: "DRUGS AND DEVICES"
part_number: "C"
part_name: "Electronic Product Radiation Control"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1938, ch. 675, § 542, formerly act July 1, 1944, ch. 373, title III, § 542, formerly § 360F, as added Pub. L. 90–602, § 2(3), Oct. 18, 1968, 82 Stat. 1186; renumbered § 542 and amended Pub. L. 101–629, § 19(a)(1)(B), (2)(H), (3), (4), Nov. 28, 1990, 104 Stat. 4529, 4530; Pub. L. 103–80, § 4(a)(2), Aug. 13, 1993, 107 Stat. 779.)"
---


# § 360ss. State standards

section 360kk of this title

Whenever any standard prescribed pursuant to  with respect to an aspect of performance of an electronic product is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, any standard which is applicable to the same aspect of performance of such product and which is not identical to the Federal standard. Nothing in this part shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a requirement with respect to emission of radiation from electronic products procured for its own use if such requirement imposes a more restrictive standard than that required to comply with the otherwise applicable Federal standard.

---

**Source Credit**: (June 25, 1938, ch. 675, § 542, formerly act July 1, 1944, ch. 373, title III, § 542, formerly § 360F, as added Pub. L. 90–602, § 2(3), Oct. 18, 1968, 82 Stat. 1186; renumbered § 542 and amended Pub. L. 101–629, § 19(a)(1)(B), (2)(H), (3), (4), Nov. 28, 1990, 104 Stat. 4529, 4530; Pub. L. 103–80, § 4(a)(2), Aug. 13, 1993, 107 Stat. 779.)

## Editorial Notes

### Codification

Section was classified to , The Public Health and Welfare, prior to renumbering by .

### Amendments

1993— amended directory language of , which renumbered , The Public Health and Welfare, as this section.

1990—, (2)(H), substituted “section 360kk” for “section 263f” and “this part” for “this subpart”.

## Statutory Notes and Related Subsidiaries

### Noninterference With Other Federal Agencies

Enactment of this section not to be construed to supersede or limit the functions under any other provision of law of any officer or agency of the United States, see , set out as a note under .