Publication date: 08/11/2018


Genome editing for crop improvement lies at the leading edge of disruptive bioengineering technologies that will challenge existing regulatory paradigms for products of biotechnology and which will elicit widespread public interest.

Regulation of products of biotechnology through the US Coordinated Framework for Biotechnology is predicated on requiring burden of proof that regulation is warranted. Although driven by considerations of newly emerging processes for product development, regulation has, for the most part, focused on characteristics of the biotechnology product itself and not the process used for its development per se.

This standard of evidence and product focus has been maintained to date in regulatory considerations of genome edited crops. Those genome edited crops lacking recombinant DNA (rDNA) in the product intended for environmental release, lacking plant pest or pesticidal activity, or showing no food safety attributes different from those of traditionally bred crops are not deemed subject to regulatory evaluation.

Regardless, societal uncertainties regarding genome editing are leading regulators to seek ways whereby these uncertainties may be addressed through redefinition of those products of biotechnology that may be subject to regulatory assessments. Within US law prior statutory history, language and regulatory action have significant influence on decision making; therefore, the administrative law and jurisprudence underlying the current Coordinated Framework strongly inform policy and governance when considering new plant breeding technologies such as genome editing.

Our purpose in this discussion has been to elaborate how governance within the US legal framework is influencing decisions regarding the regulation of genome edited crops. We do not defend or justify the US regulatory system or suggest any given theory of jurisprudence which is preferable for administration of the Coordinated Framework for Biotechnology. Such considerations would require much more serious examination of the norms that constitute the basis of the US regulatory system.

However, this analysis of the regulatory framework for biotechnology in the US should provide an explanation of the circumstances in law that have led US regulatory agencies, including the USDA, to their current positions for imposing new rules for crops and derived foods developed through genome editing.

Open access .pdf also available.

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