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November 10, 2017

USDA Withdraws Proposed Rule On The Importation, Interstate Movement, And Environmental Release Of C

Lauren M. Graham, Ph.D.

By Lauren M. Graham, Ph.D.

On November 7, 2017, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a notice in the Federal Register announcing that it was withdrawing its proposed rule that would have revised the importation, interstate movement, and environmental release of certain genetically engineered (GE) organisms.  The proposed rule, which was issued on January 19, 2017, aimed to “update the regulations in response to advances in genetic engineering and understanding of the plant pest and noxious weed risk posed by [GE] organisms, thereby reducing burden for regulated entities whose organisms pose no plant pest or noxious weed risks.”  After reviewing public comments on the proposed rule, USDA decided to re-engage with stakeholders and explore alternative policy approaches.  More specific comments from USDA and the reasons supporting its decision are set forth in the notice.
 
While it appears that some in industry may welcome the withdrawal, most would agree that all stakeholders should work collaboratively and quickly to develop a new framework to speed the process to market, and to ensure the regulatory landscape is more efficient and clearer than it currently is.  USDA and pertinent others should immediately begin another process to enable the regrouping to begin.