A person may petition the agency that a particular regulated article is unlikely to pose a plant pest risk, and, therefore, is no longer regulated under the plant pest provisions of the Plant Protection Act or the regulations at 7 CFR part 340. The petitioner is required to provide information under § 340.6(c)(4) related to plant pest risk that the agency may use to determine whether the regulated article is unlikely to present a greater plant pest risk than the unmodified organism. A GE organism is no longer subject to the regulatory requirements of 7 CFR part 340 or the plant pest provisions of the Plant Protection Act when APHIS determines that it is unlikely to post a plant pest risk.
For more information on BRS' enhanced petition process, including information on transitioning pending petitions, please see our Petition Process Improvements Web page.
APHIS' Improved Petition Process
In November 2011, APHIS announced plans to improve the agency's process for making determinations on petitions for nonregulated status for GE organisms. To learn more about APHIS' improved petition process, click here.
Guidance for Petitions
If you can't find answers to your questions about the petition process here, please contact a BRS biotechnologist by sending your questions to firstname.lastname@example.org.