The Agriculture Department faced significant criticism in 2020 when it issued a rule that granted exemptions to genetically engineered plants from pre-market review if they were deemed unlikely to pose an environmental risk. This decision was ruled upon by U.S. district judge James Donato on Tuesday. Judge Donato overturned the rule, which was issued during the first Trump administration, and ordered the USDA to reassess it.

"USDA's Rule on Genetically Engineered Plants: A Battle for Oversight"

Background and Context

The regulation dubbed SECURE was the outcome of a multi-year endeavor to modernize USDA plant regulation. Agriculture Secretary Sonny Perdue claimed that it would streamline innovation. However, opponents argued that it would enable the majority of genetically engineered and gene-edited plants to evade USDA review. Previously, all such plants required USDA approval before they could be commercialized based on the agency's authority to prevent the introduction of plant pests.

This 2020 rule was issued just 11 months after President Trump instructed the three federal regulators of biotechnology - the USDA, FDA, and EPA - to modernize their handling of ag biotech. In an executive order, he emphasized that the agencies should exempt low-risk products of agriculture biotechnology from excessive regulation. At that time, gene editing was a novel tool in biotechnology and was presented as a safe and quicker method to produce plants with traits that could have been achieved through traditional breeding techniques.

Judge's Ruling and Its Implications

In a 26-page opinion, Judge Donato accepted the plaintiffs' argument that the USDA had acted arbitrarily and capriciously in issuing the regulation. He stated, "The final rule is vacated and remanded to APHIS (Animal and Plant Health Inspection Service) for reconsideration consistent with this order." This ruling is a significant victory for farmers, the planet, and scientific oversight. George Kimbrell, the legal director for the Center for Food Safety and one of the six plaintiffs, emphasized, "This is a critical victory on behalf of farmers, the planet, and scientific oversight. USDA tried to hand over its job to Monsanto and the pesticide industry."

The reversal of this rule has far-reaching implications. It highlights the importance of maintaining strict scientific oversight in the field of biotechnology. It also raises questions about the balance between promoting innovation and ensuring environmental safety. The USDA now has the responsibility to reassess the rule and make a more informed decision that takes into account the interests of all stakeholders.

Impact on the Agricultural Industry

The 2020 rule had a substantial impact on the agricultural industry. It potentially allowed a large number of genetically engineered and gene-edited plants to enter the market without undergoing the necessary pre-market review. This could have led to unforeseen consequences for the environment and public health. With the rule reversed, the USDA will need to carefully consider each application and ensure that proper safeguards are in place.

Farmers will now have to navigate a more complex regulatory environment. They will need to ensure that their plants meet the new standards set by the USDA. This may require additional testing and documentation, which could add to their costs and administrative burdens. However, it also provides an opportunity for greater transparency and accountability in the agricultural biotechnology sector.