On Sept. 6, 2022, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service had reviewed a new tomato from Norfolk Plant Sciences modified to alter its color and enhance its nutritional quality.

The Plant Protection Act of 2000 (7 U.S.C. §§ 7701 et seq.) provides USDA authority to oversee the
detection, control, eradication, suppression, prevention, or retardation of the spread of plant pests to
protect agriculture, environment, and the economy of the United States. USDA, through the Animal
and Plant Health Inspection Service (APHIS), regulates the “Movement of Organisms Modified or
Produced through Genetic Engineering” as described in 7 CFR part 340.

APHIS has determined that your modified tomato is unlikely to pose an increased plant pest risk relative to its comparator. Once APHIS determines that a plant product is unlikely to pose an increased plant pest risk relative to its comparator, and, thus, is not a plant pest or a plant that requires regulation because it is capable of introducing or disseminating a plant pest, APHIS has no authority to regulate it under 7 CFR part 340. Accordingly, your tomato is not subject to the regulations under 7 CFR part 340.