As a result of policies enumerated by the Coordinated Framework, regulatory control over GMOs in the United States was divided among different regulatory agencies. The consequences of such a decision was a myopic, and at times, haphazard regulatory control by each agency over GMOs. For USDA, this raises significant questions as to the agency’s ability to effectively regulate second generation GMOs.
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USDA - News and Opinion
How can the public trust government agencies to ensure the safety of GMOs if those agencies have a long track record of failure? USDA’s regulatory track record begs the question of whether it is a government “regulatory” agency or an industry group. The United States government consistently promotes its regulatory framework for genetically engineered organisms as comprehensive and strict. Is this a public relations maneuver, wishful thinking or the story of the emperor without clothes? The USDA provides a number of exemptions for articles that it has determined do not pose a plant pest risk. One of such exemptions authorizes the introduction of certain regulated articles without a permit provided that USDA is notified in advance. The United States Department of Agriculture (”USDA” or “Agency”) requires that anyone desiring to import, transport interstate, or plant a regulated article must apply for a permit or make a notification to the Agency’s Animal and Plant Health Inspection Service (”APHIS”) that an introduction will be made. Under the Plant Protection Act (”PPA”) USDA requires that anyone desiring to import, transport interstate, or plant a “regulated article” must apply for a permit or make a notification to APHIS that an introduction will be made. 
The United States Department of Agriculture shares significant regulatory authority over GM crops with FDA and EPA. Transgenic, or genetically modified, plants are regulated by USDA’s Animal and Plant Health Inspection Service (”APHIS”) under the Plant Protection Act (”PPA”). Presently, it is questionable whether the genetically engineered foods are adequately controlled and/or regulated under U.S. law. There is no single federal statute or federal agency that governs the subject matter. Three federal agencies are primarily responsible for the regulation of genetically engineered foods – the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), and the U.S. Department of Agriculture (USDA). |
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