Plant Gene-Editing Regulation Roundup

In this Roundup, the MoFo Food & Ag team aims to help our clients proactively track gene-editing regulation to inform business strategy.

A lot has happened since our last edition in March. Streamlined regulations for modern gene-editing techniques continue to become more common around the globe. The European Union Council has adopted rules differentiating new gene-editing techniques from genetically modified organisms (GMOs). Peru’s Ministry of the Environment has approved new guidelines that exclude some gene-edited plants from living modified organism status and regulations. New Zealand and Chile continue to consider regulations that could respectively result in new or further regulatory distinction between gene-edited plants and GMO plants.

Peru

On March 6, 2026, Peru’s Ministry of the Environment approved new guidelines for determining if an organism (i.e., a plant) developed using a new biotechnological tool (NBT) [original Spanish: nuevas herramientas biotecnológicas] (i.e., gene editing) is a living modified organism (LMO). There is currently a moratorium in place on LMOs, with limited exceptions. The new guidelines state that a plant is not an LMO if an evaluation finds:

• The plant does not have exogenous genetic material, such as a transgene; and
• The genetic modifications are equivalent to traditional breeding, with some limitations.

Key Takeaway

• These new guidelines could make it possible to cultivate plants developed using NBTs, including gene-editing techniques, in Peru.

Chile

In March, the Agricultural and Livestock Service [original Spanish: Servicio Agrícola y Ganadero] public comment period closed for a draft resolution to establish a procedure to determine if a plant developed using new breeding techniques should be regulated as a genetically modified organism (GMO) or as a conventionally bred organism. Several steps remain in the process before a final resolution can be issued.

Key Takeaway

• The laws in Chile may be changing to streamline approval of gene-edited plants.

European Union

The European Council has approved new rules around new genomic techniques (NGTs). However, these regulations still need to be approved by the European Parliament.[1] The new rules categorize gene-edited plants into two categories. Category 1 NGT plants can have small targeted genetic changes (substitutions or insertions of less than 20 nucleotides or deletions) or genetic changes that could have been attained by traditional breeding methods and do not introduce tolerance to an herbicide or the ability to produce a known insecticidal substance. Category 2 NGT plants are gene-edited plants that are not included in Category 1. Under the new regulations, Category 2 plants will continue to be treated as GMOs, while Category 1 plants will be treated similarly to conventionally bred plants. With the proposed changes, Category 1 NGT plants, except for reproductive material such as seeds, will not need to be labeled. The Council is also proposing the formation of a new committee to determine how the proposed legislation may affect patents.

Key Takeaways

• The proposed legislation will remove a great deal of regulatory work for companies doing business in the EU.
• The proposed legislation will make the EU regulations more like those in North America and England.

England

The Genetic Technology (Precision Breeding) Act 2023 went into effect in England[2] on November 13, 2025. The new regulations allow for streamlined approval of certain genetically engineered plants. A barley variety edited to have high lipid content is the first to be approved for marketing (i.e., sales) in England.

Key Takeaway

• The new regulations are now officially shaping the agricultural market in England. These first approvals pave the way for more market access for gene-edited plants.

New Zealand

In New Zealand, genetically modified organisms (including gene-edited organisms) have been heavily restricted under the Hazardous Substances and New Organisms Act of 1996. The Gene Technology Bill, meant to establish a new risk-tiered system to regulate genetic technology and genetically modified organisms, continues to work its way through Parliament.

Key Takeaway

• Should the Gene Technology Bill come into force, it may result in streamlined regulations for some gene-edited plants.

[1] From the press release: “The text still needs to be formally adopted by the European Parliament. Once adopted, the regulation will enter into force 20 days after publication in the Official Journal of the EU. Most provisions will apply after a 24-month transition period, allowing time to adopt implementing rules. The new framework is expected to apply from mid-2028.”

[2] “These Regulations extend to England and Wales but apply in England only.”