Biotech Updates

APHIS Policy on Low-Level Presence of GE Material

April 4, 2007

The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture clarified its approach for handling incidents of low-level presence (LLP) of genetically engineered (GE) plant material in commercial seeds and grain. Developers must comply with all APHIS regulations and permit conditions to prevent the release of regulated GE material.

When LLP incidents occur, the agency will initiate an inquiry whenever regulated material is mixed with commercial seeds or grain to evaluate any risk, to determine the circumstances surrounding the release, and to determine whether remedial and/or enforcement actions may be appropriate. If APHIS determines that an incident involving regulated GE plant material could pose a risk to plant health or the environment, the agency will take appropriate remedial steps using its authority under the Plant Protection Act.

In cases in which APHIS determines that remedial action is not necessary to mitigate LLP of regulated GE plant material to protect plant health and the environment, APHIS is not precluded from taking enforcement action against a company or individual for violations of APHIS regulations.

Readers can access the press release at http://www.aphis.usda.gov/newsroom/content/2007/03/llppolicy.shtml.