The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on May 19, 2026, that it is extending deregulation to a corn variety, designated as DP51291, developed using genetic engineering for insect-resistance and glufosinate-ammonium tolerance by Pioneer Hi-Bred International, Inc. (Pioneer). APHIS notes that it previously deregulated these traits in another Pioneer corn variety, DP23211 corn. APHIS prepared a Plant Pest Risk Similarity Assessment...
Archives
The U.S. Department of Agriculture (USDA) published a Request for Information (RFI) on May 15, 2026, to solicit input on regulatory considerations related to the review of modified organisms subject to the Plant Protection Act (PPA). 91 Fed. Reg. 27868. According to the notice, USDA’s Animal and Plant Health Inspection Service (APHIS) wishes to explore alternative frameworks to regulate genetically engineered (GE) organisms under the plant pest provisions of the PPA, “to ensure that...
April 30, 2026
USDA’s New Guidance Portal Includes Biotechnology Guidance
The U.S. Department of Agriculture (USDA) announced on April 7, 2026, the creation of the USDA Guidance Portal, an online searchable, indexed database that contains guidance documents issued by USDA and its agencies that are currently in effect. Users can search all guidance documents in the library, or filter documents by date, agency (such as the Animal Plant Health Inspection Service (APHIS)), or topic (including biotechnology). USDA notes that the guidance documents lack the force and effect...
April 3, 2026
APHIS Seeks Public Comment on Petition to Deregulate Corn Variety Developed Using Genetic Engineering
On March 6, 2026, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it received a request to extend its determination of nonregulated status of Pioneer Hi-Bred International, Inc.’s DP23211 insect-resistant and glufosinate-ammonium-tolerant maize (corn) to DP51291 maize (corn). 91 Fed. Reg. 11028. APHIS states that similar to DP23211 corn, “DP51291 corn was genetically engineered to express the IPD072Aa protein for control of...
April 1, 2026
USDA Deregulates Corn Engineered for Insect Resistance
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on March 27, 2026, that it determined that MON 95275 maize (corn), developed using genetic engineering to produce two insecticidal proteins and a double-stranded Ribonucleic Acid (RNA) transcript to provide protection from feeding damage caused by targeted coleopteran (corn rootworm) insect pests, is no longer considered regulated. 91 Fed. Reg. 14805. APHIS states that its determination is...
March 1, 2026
APHIS Seeks Comments on Petitions to Deregulate Certain Products Developed Using Genetic Engineering
In February 2026, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) published several petitions seeking a determination of nonregulated status for products developed using genetic engineering. Each petition states that the information provided indicates that the product is unlikely to pose a plant pest risk and therefore should not be regulated. In each case, APHIS prepared a draft plant pest risk assessment (PPRA) to assess the plant pest risk of...
December 17, 2025
APHIS Biotechnology Regulatory Services Reschedules Stakeholder Meeting for February 26, 2026
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced on December 16, 2025, that its Biotechnology Regulatory Services (BRS) has rescheduled its annual stakeholder meeting for February 26, 2026. The meeting will be held in-person at the National Agricultural Library, 10301 Baltimore Avenue Beltsville, Maryland, with an option for virtual attendance. According to APHIS, attendees will receive updates about: Highlights from fiscal year 2025; Looking...
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on September 29, 2025, that it determined that MON 95379 Lepidopteran-Protected Maize (corn), which was developed using genetic engineering to produce two insecticidal proteins to protect against feeding damage caused by target lepidopteran pests, is no longer considered regulated. 90 Fed. Reg. 46546. APHIS states that its determination is based on its evaluation of information and data...
October 2, 2025
USDA’s Spring 2025 Unified Agenda Includes Rules Regarding Biotechnology Products and Bioengineered Foods
On September 4, 2025, the Office of Management and Budget (OMB) published the Trump Administration’s Spring 2025 Unified Agenda. The U.S. Department of Agriculture’s (USDA) Unified Agenda includes the following Animal and Plant Health Inspection Service (APHIS) rulemakings: Regaining Lost Efficiencies for Products of Biotechnology: According to the Unified Agenda item, this interim rule will create exemptions from USDA’s regulations for plants and microbes that are already subject to U.S....
October 1, 2025
APHIS Deregulates Moth Orchid Genetically Engineered to Produce a Blue-Purple Flower Color
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on September 4, 2025, that it determined that ISK-311NR-4 phalaenopsis (moth orchid), which was developed using genetic engineering to produce a blue-purple flower color, is no longer considered regulated. 90 Fed. Reg. 42737. APHIS states that its determination is based on its evaluation of information and data Ishihara Sangyo Kaisha, Limited submitted in its petition for a determination of...
September 29, 2025
Registration Opens for APHIS BRS Stakeholder Meeting on November 13, 2025
Registration has opened for the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service’s (APHIS) Biotechnology Regulatory Services (BRS) annual stakeholder meeting on November 13, 2025. The meeting will be held in person at the National Agricultural Library (10301 Baltimore Avenue, Beltsville, Maryland 20705), with an option to attend virtually. The agenda includes the following topics: Fiscal year 2025 highlights; Restructuring changes; Petitions; Permits and...
September 11, 2025
USDA Extends Comment Period on Reorganization Plan to September 30, 2025
As reported in our August 5, 2025, blog item, the U.S. Department of Agriculture (USDA) announced on August 1, 2025, an opportunity for stakeholders to provide feedback on USDA’s reorganization plan, as outlined in the July 24, 2025, memorandum issued by U.S. Secretary of Agriculture Brooke L. Rollins. According to the memorandum, the Animal and Plant Health Inspection Service (APHIS) centers “will remain at current locations as they are located in USDA hub locations.” The memorandum does...
On August 18, 2025, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) advised the public that it is withdrawing notices of intent to prepare environmental impact statements (EIS) for two petitions seeking determinations of nonregulated status for organisms developed using genetic engineering. 90 Fed. Reg. 40050. APHIS states that its decision to withdraw the notices of intent is consistent with its July 9, 2025, Program Update that as of that date,...
August 7, 2025
APHIS Seeks Comment on Petition to Deregulate Corn Developed Using Genetic Engineering
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on July 8, 2025, that it has received a petition from Bayer CropScience seeking a determination of nonregulated status for MON 95275 maize (corn) that has been developed using genetic engineering to produce two insecticidal proteins and a double-stranded RNA transcript to provide protection from feeding damage caused by targeted coleopteran (corn rootworm) insect pests. 90 Fed. Reg. 30035....
August 5, 2025
USDA Seeks Public Comment on Reorganization Plan
The U.S. Department of Agriculture (USDA) announced on August 1, 2025, the opening of a 30-day public comment period for stakeholders to provide feedback on USDA’s reorganization plan, as outlined in the July 24, 2025, memorandum issued by U.S. Secretary of Agriculture Brooke L. Rollins. According to the press release, the reorganization proposal reflects President Trump’s commitment to relocate federal agencies beyond the national capital region, reduce bureaucracy, and strengthen USDA’s...
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on July 9, 2025, that it is updating its practices for reviewing petitions seeking a determination of nonregulated status for organisms altered or produced through genetic engineering (modified organisms) under 7 C.F.R. Part 340. According to APHIS, it is making these updates to ensure its petition process aligns with recent developments related to the National Environmental Policy Act...
March 31, 2025
APHIS Evaluates Petitions Reviewed under 2012 Process, Will Use Process Consistent with USDA Biotechnology Regulations Going Forward
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on March 27, 2025, that it will no longer use the process it outlined in 2012 for reviewing petitions seeking a determination that a modified plant should not be subject to the regulations for the introduction of organisms altered or produced through genetic engineering (modified organisms) that are plant pests or that there is reason to believe are plant pests. On March 6, 2012, APHIS...
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on February 27, 2025, that it will begin to accept petitions for nonregulated status according to APHIS biotechnology regulations at 7 C.F.R. Part 340 (2019) on March 3, 2025. APHIS notes that its biotechnology regulations enable developers to petition for a determination that an “article” is not regulated. The petition process applies only to plants that meet the regulatory definition...
December 5, 2024
District Court Grants Summary Judgment in Part to Plaintiffs, Vacating and Remanding Final SECURE Rule to USDA
On December 4, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it acknowledges the U.S. District Court for the Northern District of California’s December 2, 2024, ruling prospectively vacating USDA’s May 2020 final rule for organisms developed using genetic engineering. National Family Farm Coalition, et al. v. Vilsack (No. 3:21-cv-05695-JD). As reported in our May 18, 2020, memorandum, the final Sustainable, Ecological,...
December 3, 2024
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 governing movement of organisms modified or produced using genetic engineering because the modifications are achievable through conventional breeding. 89 Fed. Reg. 89569. As reported in our November 16, 2023, blog item, APHIS had proposed five types of modifications: Plants that...