The USDA's Animal and Plant Health Inspection Service (APHIS) has announced it will begin accepting petitions for the non-regulated status of modified plants under the governing biotechnology regulation 7 CFR part 340 (2019). The current definition of Regulated Articles under the regulation is an organism or product that has been altered or produced using genetic engineering:

1. That has one or more of its components derived from a plant pest or an unclassified or unknown organism;
2. Or that APHIS determines is a plant pest or has reason to believe is a plant pest.

In contrast, a gene-edited organism that is not a plant pest or likely to be a plant pest is not subject to the regulation, unless the organism retains DNA sourced from a plant pest. APHIS is inviting registrants of modified plants seeking non-regulated status to submit petitions, providing relevant information, data, and publications that substantiate that the modified plant is unlikely to pose a greater plant pest risk than the unmodified plant from which it was derived.