USDA Regulation of Genetically Engineered Turfgrasses and Forage.

The Plant Protection Act (PPA) provides USDA-APHIS with the authority to regulate plant pests and noxious weeds. Biotechnology Regulatory Services, a program within APHIS, provides oversight of certain genetically engineered (GE) organisms to protect plant health, by regulating the importation, interstate movement, and environmental release—of those GE organisms that may pose a pest risk to plant health. Plant pests are specific organisms that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product. Organisms altered through genetic engineering that are derived from plant pests may meet the definition of a regulated article under APHIS’ biotech regulation 7 CFR 340.

The term ‘‘noxious weed’’ means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment. APHIS has implemented the noxious weed authority provided in the PPA under regulations such as 7 CFR 360, but not under its biotech regulations (7CFR 340). Should it be unclear to a developer that they are regulated, APHIS has a process, “Am I regulated”, where one may seek a determination from BRS as to whether a GE organism meets the definition of a regulated article under 7 CFR 340.

Turfgrasses and forages differ from agronomic crops in that they have a greater potential to establish and persist without human intervention in a wide range of habitats. This ability, combined with the possibility that introduced traits will increase the fitness of the organism, increases its weediness potential. Furthermore, many turfgrasses and forage crops can form hybrids with wild and weedy species. Even if the engineered organism does not pose a weed risk, gene flow of the engineered trait into wild and weedy species creates the potential that hybrids derived from cross pollination of the related species will become weedier. Although APHIS proposed in 2008 to implement the noxious weed authority in revised biotech regulations, APHIS does not currently exercise noxious weed authority in 7 CFR 340. In reviewing an engineered crop, APHIS still considers whether the crop has increased noxious weed potential that may have adverse impacts on agriculture. If so, APHIS may consider other ways to manage the risks including non-regulatory options.