Lexology February 18, 2025
Morrison Foerster LLP

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 regulated genetically engineered (GE) organisms.

This change comes in response to a December 2, 2024, ruling by the U.S. District Court for the Northern District of California that struck down the 2020 revisions to APHIS’s biotechnology regulations (“the 2020 Rule”), which had created exemptions for specific categories of GE plants that could otherwise have been developed through conventional breeding techniques. Although it was initially unclear whether the recent amendments to the 2020 Rule, which had added two additional exemptions and became effective on November 13, 2024, were...

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