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In February 2026, the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) published several petitions seeking a determination of nonregulated status for products developed using genetic engineering. Each petition states that the information provided indicates that the product is unlikely to pose a plant pest risk and therefore should not be regulated. In each case, APHIS prepared a draft plant pest risk assessment (PPRA) to assess the plant pest risk of the organism. APHIS's draft PPRAs compared the pest risk posed by the product with that of the nonmodified variety from which it was derived. The draft PPRAs conclude that the products are unlikely to pose an increased plant pest risk compared to the nonmodified plant. The petitions received include:
- Soil Culture Solutions, LLC seeking a determination of nonregulated status for CarriCea Carrizo citrange rootstock developed using genetic engineering for improved resistance to citrus greening disease (also known as Huanglongbing or HLB). 91 Fed. Reg. 6180. Comments are due April 13, 2026.
- USDA's Agricultural Research Service seeking a determination of nonregulated status for T1190 apple (Malus x domestica) developed using genetic engineering to promote early and near-continuous flowering. 91 Fed. Reg. 6181. Comments are due April 13, 2026.
- Ball Horticultural Company seeking a determination of nonregulated status for African marigold (Tagetes erecta) event pBALL123-022-BE113 developed using genetic engineering to produce red flower petals. 91 Fed. Reg. 6179. Comments are due April 13, 2026.
- Pioneer Hi-Bred International, Inc. seeking a determination of nonregulated status for DP-910521-2 maize (corn) developed using genetic engineering to express the Cry1B.34 protein for control of certain susceptible lepidopteran pests, the phosphinothricin acetyltransferase protein for tolerance to glufosinate-ammonium herbicides, and the phosphomannose isomerase protein used as a selectable marker. 91 Fed. Reg. 7422. Comments are due April 20, 2026.
- Pioneer Hi-Bred International, Inc. seeking a determination of nonregulated status for DAS-01131-3 maize (corn) developed using genetic engineering to produce the Cry1Da2 protein for protection against certain susceptible lepidopteran pests and the DGT-28 EPSPS protein for tolerance to glyphosate herbicide. 91 Fed. Reg. 7422. Comments are due April 20, 2026.
- Syngenta Seeds, LLC. seeking a determination of nonregulated status for MZIR260 maize (Zea mays L.) developed using genetic engineering to provide control of fall armyworm (Spodoptera frugiperda) and express the phosphomannose isomerase protein used as a selectable marker. 91 Fed. Reg. 7423. Comments are due April 20, 2026.
- Bayer U.S.-Crop Science seeking a determination of nonregulated status for MON 94637 Lepidopteran-protected Soybean (Glycine max) developed using genetic engineering to express two insecticidal proteins to protect against feeding damage caused by target lepidopteran pests. 91 Fed. Reg. 7421. Comments are due April 20, 2026.
After each comment period closes, APHIS will review and evaluate any information submitted and any other relevant information. Based upon available information, APHIS will respond to the petitioner either approving or denying the petition. APHIS will post its regulatory determination on its website and publish a notice of availability in the Federal Register.
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