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September 29, 2026

APHIS Begins Comment Period on Petitions to Deregulate Herbicide-Resistant Cottons Developed Using Genetic Engineering

Lynn L. BergesonCarla N. Hutton

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on September 21, 2026, that it has received two petitions from Bayer U.S.-Crop Science seeking a determination of nonregulated status:

  • Herbicide resistant MON 96012 cotton (Gossypium hirsutum), developed using genetic engineering to tolerate glyphosate, glufosinate, dicamba, triketone 4-hydroxyphenylpyruvate dioxygenase (HPPD)-inhibiting, and protoporphyrinogen oxidase (PPO)-inhibiting herbicides. 91 Fed. Reg. 59759. According to APHIS, the petition states that the information provided indicates that MON 96012 is unlikely to pose a plant pest risk and therefore should not be regulated under APHIS’ regulations in 7 C.F.R. Part 340.
  • MON 89151 lepidopteran-protected cotton (Gossypium hirsutum), developed using genetic engineering to express three insecticidal proteins to protect against feeding damage caused by target lepidopteran pests. 91 Fed. Reg. 59758. According to APHIS, the petition states that the information provided indicates that MON 89151 is unlikely to pose a plant pest risk and therefore should not be regulated under APHIS’ regulations in 7 C.F.R. Part 340.

As part of APHIS’ decision-making process regarding the organisms’ regulatory status, APHIS prepared draft plant pest risk assessments (PPRA) to assess the plant pest risk of the organisms. APHIS compared the pest risk posed by the organisms with that of the unmodified variety. APHIS states that the draft PPRAs concluded that the organisms are unlikely to pose an increased plant pest risk compared to the nonmodified cotton. Comments on the petitions and draft PPRAs are due November 20, 2026. After the comment period closes, APHIS will review and evaluate information received during the comment period and any other relevant information. Based upon available information, APHIS will respond to the petitioner either approving or denying the petitions. APHIS will post its regulatory determination on its website and publish a notice of availability in the Federal Register.