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December 4, 2023

APHIS Announces Determination of Nonregulated Status for Insect-Resistant and Herbicide-Tolerant Maize

Lynn L. Bergeson Carla N. Hutton

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) “advis[ed] the public” on December 1, 2023, of its determination that DP23211 maize (corn) that has been developed using genetic engineering for insect resistance to western corn rootworm and contains the gene that codes for the phosphinothricin acetyltransferase protein responsible for tolerance to glufosinate-ammonium herbicides, as well as the gene that encodes for the phosphomannose isomerase protein as a selectable marker, is no longer considered regulated. 88 Fed. Reg. 83896. APHIS states that its determination is based on its evaluation of information Pioneer Hi-Bred International, Inc. submitted in its petition for a determination of nonregulated status, APHIS’s analyses, and public comments received in response to previous notices announcing the availability of the petition for nonregulated status and APHIS’s associated environmental assessment and plant pest risk assessment. The change in regulatory status was recognized on December 1, 2023. More information is available on APHIS’s website.