the rule of law that if the federal government through Congress has enacted legislation
on a subject matter it shall be controlling over state laws and/or preclude the
state from enacting laws on the same subject if Congress has specifically stated
it has "occupied the field. " If Congress has not clearly claimed preemption, a
federal or state court may decide the issue on the basis of history of the legislation
(debate in Congress) and practice. Example federal standards of meat or other products
have preempted state laws. However, federal and state legislation on narcotics control
may parallel each other.
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