USDA Greenlights Bayer's MON 95275 Corn, Alters GMO Oversight

2 min readSources: National Law Review

USDA deregulates Bayer's MON 95275 corn, marking a significant change in GMO regulation.

Why it matters: The decision prompts shifts in biotech compliance and legal strategies, affecting counsel in agriculture due to its implications on future GMO litigation and environmental assessments.

  • The USDA's decision on MON 95275 corn was effective immediately.
  • APHIS concluded no increased plant pest risk compared to traditional corn.
  • MON 95275 is engineered to counter corn rootworm pests.
  • The shift reflects a move towards science-based GMO assessments.

The USDA's Animal and Plant Health Inspection Service (APHIS) has announced the deregulation of MON 95275, a genetically-engineered maize developed by Bayer CropScience. This decision, made public in October 2023, signifies a shift in GMO oversight. MON 95275 will no longer be regulated under 7 CFR Part 340, a regulation concerning genetically modified organisms in U.S. agriculture.

MON 95275 is specifically engineered to produce two insecticidal proteins and a double-stranded RNA, targeting corn rootworm pests, a major threat to maize crops. APHIS's assessment determined that MON 95275 does not pose a greater plant pest risk than traditional corn varieties. This reflects a broader emphasis on science-driven evaluations in regulatory practices.

For legal professionals, this change has tangible implications. Attorneys advising agricultural clients may need to adjust compliance frameworks and anticipate shifts in biotech-related litigation. The reliance on scientific assessments in regulatory decisions challenges existing compliance strategies, urging legal consultants to stay abreast of evolving guidelines.

The deregulation of MON 95275 follows similar past decisions, such as the approval of "Roundup Ready" alfalfa, yet questions remain about post-deregulation ecological monitoring. Legal counsel must consider potential ecological implications and strengthen their guidance on environmental compliance.

Further insights and analyses are available from industry publications and news outlets, including Reuters and Bloomberg.

Yes, but: Concerns about post-deregulation environmental monitoring persist, questioning the long-term ecological impact.

What's next: Legal teams should monitor for adjustments in USDA's GMO policies and related litigation trends.