News & Analysis as of

Genetically Engineered Seed U.S. Department of Agriculture

Morrison & Foerster LLP - Class Dismissed

APHIS Reinstates Legacy Biotechnology Regulations: Implications for CRISPR-Edited Plants

USDA Animal and Plant Health Inspection Service (APHIS) announced on January 23, 2025, that it is reinstating its legacy notification procedure as of February 7, 2025, providing a streamlined alternative to permits for...more

Beveridge & Diamond PC

USDA Reverts to Pre-2020 Regulatory Framework for Genetically Engineered Organisms Following California Federal Court Ruling

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The U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced an abrupt reversion to its pre-2020 approach to biotechnology regulation on December 19, in the wake of a December 2...more

Hogan Lovells

Federal District Judge Vacates Key Provisions of U.S. Department of Agriculture Regulations Governing Path to Market for...

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In 2021, a group of NGOs challenged critical provisions of U.S. Department of Agriculture (USDA) regulations governing the path to market for new genetically engineered plants (GE plants), including plants developed using...more

MoFo Life Sciences

An Insecure Future: Court Ruling Guts USDA Regs On Genetically Engineered Plants

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In a decision that raises significant questions about the future oversight of genetically engineered (GE) plants in the United States, the U.S. District Court for the Northern District of California on Monday, December 2,...more

Bergeson & Campbell, P.C.

APHIS Revises and Adds Exemptions for Plants Modified or Produced through Genetic Engineering

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on November 13, 2024, that it added modifications a plant may contain and qualify for exemption from regulations...more

Bergeson & Campbell, P.C.

APHIS Issues RSR Responses for Modified Orange, Corn, Almond, and Tomato Plants

In October 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) reviewed the following plants modified using genetic engineering to determine whether they posed an increased...more

Bergeson & Campbell, P.C.

APHIS Issues Regulatory Status Review Responses to University of Florida and Bioceres Crop Solutions

On August 27, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it recently reviewed the following plants modified using genetic engineering to determine...more

Alston & Bird

Feds Continue to Reform Approach to Regulation of Biotech Products

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Our Food & Beverage and FDA teams explore a plan from a trio of federal agencies that seeks to implement regulatory reform and update the Coordinated Framework for the Regulation of Biotechnology....more

Perkins Coie

USDA APHIS Invites Stakeholder Comments on Regulation of Modified Microbes

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In a recently published Request for Information (RFI), the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) seeks public comment on options to potentially streamline and reduce the...more

ArentFox Schiff

USDA’s Biotechnology Regulator Issues Much-Anticipated RFI on Regulation of Modified Microbes

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On July 2, the US Department of Agriculture (USDA) Animal and Health Inspection Service (APHIS) published a Request for Information (RFI) seeking public comment on the improvement of regulatory processes governing genetically...more

Bergeson & Campbell, P.C.

APHIS Issues Regulatory Status Review Responses

On June 27, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it recently reviewed the following plants modified using genetic engineering to determine whether...more

Bergeson & Campbell, P.C.

APHIS Issues RSR Responses for Modified Corn, Pennycress, Soybean, and Potato Plants

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on May 30, 2024, that it recently reviewed the following plants modified using genetic engineering to determine whether...more

Perkins Coie

Bioengineered Foods: USDA Solicits Comments on Potential Revisions to Digital Disclosure Option

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USDA’s Agricultural Marketing Service (USDA-AMS) recently published a Request for Information soliciting stakeholder input on the electronic or digital link disclosure option for bioengineered (BE) foods under the National...more

Bergeson & Campbell, P.C.

USDA Reviews Soybean, Tomato, and Potato Plants Modified Using Genetic Engineering

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on June 27, 2023, that it recently reviewed soybean, tomato, and potato plants modified using genetic engineering. APHIS...more

MoFo Life Sciences

The EU’S New Proposal For Plants Developed Using New Genomic Techniques: How Does It Compare To U.S. Regulation?

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After much anticipation, the EU Commission’s proposal for a regulation on plants developed using New Genomic Techniques (NGTs) is now under consideration. For an overview of the EU proposal, please see MoFo’s recent post....more

Bergeson & Campbell, P.C.

APHIS Seeks Comment on Draft Environmental Documents for Deregulation of Corn Developed Using Genetic Engineering

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on April 10, 2023, that it is inviting public comment on a draft Environmental Assessment (EA) and draft Plant Pest Risk...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - March 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Proposes Rule Limiting 'Made in the USA' Claims for Meat, Poultry and Eggs - The U.S. Department of Agriculture (USDA) has issued a proposed rule that would tighten who can label...more

ArentFox Schiff

California Federal Court Substantially Upholds Bioengineered Food Disclosure But Remands QR Code and Text Message Disclosure...

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On September 13, 2022, a federal court in San Francisco decided an NGO-led challenge to the US Department of Agriculture’s (USDA) final rule establishing a national standard for the disclosure of bioengineered foods. At the...more

Hogan Lovells

Court invalidates text message option under Bioengineered Food Disclosure Standard

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A court has invalidated the portion of the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service’s (AMS’s) final rule implementing the National Bioengineered Food Disclosure Standard (BE Rule) that allows...more

MoFo Life Sciences

Purple Tomato Is First Genetically Engineered Plant To Be Deregulated Through USDA’S New Regulatory Status Review Process

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On September 7, 2022, the United States Department of Agriculture’s Animal and Plant Health Inspection Service (USDA-APHIS) announced the completion of the first Regulatory Status Review (RSR) of a genetically engineered...more

Hogan Lovells

USDA makes filing in lawsuit on BE food disclosure

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USDA has filed its opposition to summary judgement in the case filed by the Center for Food Safety (CFS) regarding the agency’s implementation of the National Bioengineered Food Disclosure Standard (“BE rule”). As you may...more

Wiley Rein LLP

USDA and Mexico Actions Impact Genetically Engineered Foods in the United States

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Two contrasting regulatory decisions by authorities in the United States and Mexico highlight the continued progress toward, and challenges to, the development of science and evidence based regulatory policies applicable to...more

Wiley Rein LLP

Wiley Webinar: Biotech Briefings – U.S. Department of Agriculture – Plant Pests and Importation Part 330

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Developers of certain genetically engineered plants benefited from limited regulatory relief in 2020 as USDA promulgated final amendments to the 7 C.F.R. Part 340 regulations governing interstate movement of certain...more

Alston & Bird

USDA AMS Issues Bioengineered Food Disclosure Testing and Validation Guidance

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The U.S. Department of Agriculture’s Agricultural Marketing Service released two final guidance documents on detectability testing and procedures to validate a refining process for use in evaluating whether a food or...more

Hogan Lovells

AMS Releases Draft Instructions on Testing Methods for the National Bioengineered Food Disclosure Standard

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The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has released Draft Instructions on Testing Methods (Draft Instructions) for use in compliance with the National Bioengineered Food Disclosure...more

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