APHIS Deregulates Red-Flowered African Marigold
USDA's plant health agency has determined a genetically engineered African marigold variety is no longer subject to federal plant pest regulations.
Updated on Nov. 9, 2026 in Botany
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The U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) determined that African marigold event pBALL123-022-BE113, developed through genetic engineering to produce red flower petals, is no longer regulated. The petition was submitted by Ball Horticultural Company.
Why it matters
APHIS found the variety unlikely to pose a greater plant pest risk than its nonmodified comparator, which removes it from the regulations in 7 C.F.R. Part 340. The decision shows how the agency applies its risk-based review to engineered ornamental plants.
The determination is documented in the Federal Register at 91 Fed. Reg. 65159, with the status change recognized October 14, 2026. The extraction does not specify the scientific data points that drove the risk conclusion.
The players
Animal and Plant Health Inspection Service (APHIS)
APHIS is the U.S. Department of Agriculture agency responsible for regulating agricultural pests and genetically engineered plants under 7 C.F.R. Part 340.
Ball Horticultural Company
Ball Horticultural Company is a plant breeding firm that petitioned APHIS for the nonregulated status of the engineered marigold.
The details
APHIS based its decision on data submitted by Ball Horticultural Company, scientific data, the plant pest risk assessment, and public comments received after a prior notice and draft assessment. Public comment was solicited before the agency reached its final determination.
Timeline
October 14, 2026: APHIS announces the nonregulated status and the change is recognized.
Regulatory Framework
The decision removes pBALL123 from the scope of 7 C.F.R. Part 340, the USDA rules that govern genetically engineered plants. It follows the petition-and-comment process that APHIS uses to evaluate whether an engineered plant poses a greater pest risk than its conventional counterpart.
Ornamental gardeners and nurseries may encounter pBALL123 marigolds once they enter commercial channels, since the plant is no longer subject to the Part 340 permit requirements. The extraction does not describe commercial availability or timing.
The takeaway
Regulatory status for engineered plants can change once a risk assessment finds no greater pest concern than a conventional variety. Readers tracking ornamental crops can follow APHIS determinations in the Federal Register for further changes.
Further reading
Explore more Botany coverage for context on how plant science research shapes agricultural regulation.
Source note: This article includes information reported by The National Law Review - A Free To Use Nationwide Database of Legal Publications.
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