October 6, 2022

Volume XII, Number 279

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USDA Issues Regulatory Status Response re GM Tomatoes

  • On September 6, 2022, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it had reviewed a new genetically-modified tomato from Norfolk Plant Sciences.  The tomato has been modified to enhance nutritional quality and to have a purple color.

  • By way of background, under 7 CFR Part 340, developers may submit a Regulatory Status Review (RSR) request to APHIS when they believe that a modified plant is not subject to further regulation and oversight by USDA. In reviewing the request, APHIS will consider whether the plant may pose an increased plant pest risk.

  • According to Norfolk Plant Sciences’ RSR request, the tomato variety was genetically modified to produce enhanced levels of endogenous anthocyanins in the fruit, which are associated with a reduced risk of chronic and degenerative diseases, such as cardiovascular disease, obesity, and certain cancers. USDA determined that the tomato does not pose any increased plant pest risks, and that the plant may be safely grown and used in breeding in the U.S. Notably, this appears to be the is the first and only RSR to be submitted and responded to by APHIS.

© 2022 Keller and Heckman LLPNational Law Review, Volume XII, Number 265
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About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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