A federal judge has recently overturned a regulation from the U.S. Department of Agriculture (USDA)
That excused certain genetically engineered plants from undergoing pre-market assessments. On a decision made on Tuesday, district judge James Donato determined that the department’s actions to set forth the rule during the prior Trump administration were inadequate.
Implications and Feedback from Involved Parties
This controversial regulation, known as the SECURE rule, was introduced as an effort to update the regulatory framework for USDA’s oversight of plant biotechnology. Agriculture Secretary Sonny Perdue praised the regulation for its potential to fuel innovation. Opponents, however, voiced concerns that due to SECURE, most genetically engineered and gene-edited plants would avoid the customary USDA regulatory process that precedent held was necessary prior to these plants entering the market.
In his 26-page judicial opinion, Judge Donato sided with the opposing parties, stating that the USDA’s method of enacting the rule was both “arbitrary and capricious.” He then ordered that, “The final rule is vacated and remanded to APHIS (Animal and Plant Health Inspection Service) for reconsideration consistent with this order.”
George Kimbrell, the legal director for the Center for Food Safety and a plaintiff in the lawsuit, hailed the ruling as a significant triumph for farmers, environmental protection, and regulatory science. He asserted that with this rule, the USDA inappropriately shifted its regulatory responsibilities toward the interests of private corporations.
The SECURE rule came under examination following an initiative by former President Trump that directed the USDA, along with the FDA and EPA, to update their respective biotech regulations. This was in part recognition of the burgeoning role of gene editing, a notable scientific advancement with the capability to rapidly replicate plant characteristics typified by conventional breeding methodologies.
Facing the consequences of Judge Donato’s resolution, the USDA is now charged with the revision of the SECURE rule. This undertaking is set to have profound effects on the agricultural sector in the United States as well as the governance framework for agricultural biotechnologies..
