Mar 6, 2026

Biobased and Renewable Products Update for March 2026 from Bergeson & Campbell, P.C.

Biobased and Renewable Products Update

March 5, 2026

Federal

Senate Bill Would Establish Federal Biotechnology Security Framework

On January 29, 2026, Senator Tom Cotton (R-AR) introduced the Biosecurity Modernization and Innovation Act of 2026 (S. 3741) to establish a federal biosecurity framework. According to Cotton’s February 4, 2026, press release, the bill “will require gene synthesis providers screen their orders and customers for bad actors or dangerous pathogens, and will ensure that the U.S. government adopts a flexible and agile approach to biosecurity that will ensure American leadership in biosecurity.” The legislation would:

  • Direct the Secretary of Commerce to require gene synthesis providers screen their orders and customers to ensure bad actors are not ordering dangerous sequences;
     
  • Establish a biotechnology governance sandbox at National Institute of Standards and Technology (NIST), which would provide a place for the testing of biosecurity tools and enable more flexible biosecurity policymaking to keep up with a rapidly advancing field;
     
  • Require an assessment of the current landscape of federal biosecurity authorities and an evaluation and implementation plan of how to streamline oversight and address gaps; and
     
  • Require the executive branch to begin carrying out such an implementation plan, within confines of current law.

Treasury Department And IRS Issue Proposed Rule Regarding Section 45Z Clean Fuel Production Credit, Will Hold Public Hearing On May 28, 2026

The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued a proposed rule on February 4, 2026, regarding the clean fuel production credit enacted by the Inflation Reduction Act of 2022 and amended by the One, Big, Beautiful Bill Act (OBBBA). 91 Fed. Reg. 5160. The proposed regulations would provide rules for determining clean fuel production credits, including credit eligibility rules, emissions rates, and certification and registration requirements. In addition, the proposed regulations would amend three sets of final regulations — the elective payment election regulations and the credit transfer election regulations, to clarify language relating to ownership of clean fuel production facilities, and the federal excise tax registration regulations — to make them clearer and more consistent with the clean fuel production credit registration requirements in these proposed regulations. The proposed regulations would affect domestic producers of clean transportation fuel, taxpayers that may claim a credit for a related producer’s fuel, and excise tax registrants. Comments are due April 6, 2026. A public hearing will be held May 28, 2026, at 10:00 a.m. (EDT). Requests to speak and outlines of topics to be discussed at the public hearing are due April 6, 2026. If no outlines are received by April 6, 2026, the public hearing will be cancelled. Requests to attend the public hearing must be received by 5:00 p.m. (EDT) on May 26, 2026.

APHIS Seeks Comments On Petitions To Deregulate Certain Products Developed Using Genetic Engineering

In February 2026, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) published several petitions seeking a determination of nonregulated status for products developed using genetic engineering. Each petition states that the information provided indicates that the product is unlikely to pose a plant pest risk and therefore should not be regulated. In each case, APHIS prepared a draft plant pest risk assessment (PPRA) to assess the plant pest risk of the organism. APHIS’s draft PPRAs compared the pest risk posed by the product with that of the nonmodified variety from which it was derived. The draft PPRAs conclude that the products are unlikely to pose an increased plant pest risk compared to the nonmodified plant. The petitions received include:

  • Soil Culture Solutions, LLC seeking a determination of nonregulated status for CarriCea Carrizo citrange rootstock developed using genetic engineering for improved resistance to citrus greening disease (also known as Huanglongbing or HLB). 91 Fed. Reg. 6180. Comments are due April 13, 2026.
     
  • USDA’s Agricultural Research Service seeking a determination of nonregulated status for T1190 apple (Malus x domestica) developed using genetic engineering to promote early and near-continuous flowering. 91 Fed. Reg. 6181. Comments are due April 13, 2026.
     
  • Ball Horticultural Company seeking a determination of nonregulated status for African marigold (Tagetes erecta) event pBALL123-022-BE113 developed using genetic engineering to produce red flower petals. 91 Fed. Reg. 6179. Comments are due April 13, 2026.
     
  • Pioneer Hi-Bred International, Inc. seeking a determination of nonregulated status for DP-910521-2 maize (corn) developed using genetic engineering to express the Cry1B.34 protein for control of certain susceptible lepidopteran pests, the phosphinothricin acetyltransferase protein for tolerance to glufosinate-ammonium herbicides, and the phosphomannose isomerase protein used as a selectable marker. 91 Fed. Reg. 7422. Comments are due April 20, 2026.
     
  • Pioneer Hi-Bred International, Inc. seeking a determination of nonregulated status for DAS-01131-3 maize (corn) developed using genetic engineering to produce the Cry1Da2 protein for protection against certain susceptible lepidopteran pests and the DGT-28 EPSPS protein for tolerance to glyphosate herbicide. 91 Fed. Reg. 7422. Comments are due April 20, 2026.
     
  • Syngenta Seeds, LLC. seeking a determination of nonregulated status for MZIR260 maize (Zea mays L.) developed using genetic engineering to provide control of fall armyworm (Spodoptera frugiperda) and express the phosphomannose isomerase protein used as a selectable marker. 91 Fed. Reg. 7423. Comments are due April 20, 2026.
     
  • Bayer U.S.-Crop Science seeking a determination of nonregulated status for MON 94637 Lepidopteran-protected Soybean (Glycine max) developed using genetic engineering to express two insecticidal proteins to protect against feeding damage caused by target lepidopteran pests. 91 Fed. Reg. 7421. Comments are due April 20, 2026.

After each comment period closes, APHIS will review and evaluate any information submitted and any other relevant information. Based upon available information, APHIS will respond to the petitioner either approving or denying the petition. APHIS will post its regulatory determination on its website and publish a notice of availability in the Federal Register.

USITC Will Investigate State Support And Pricing Practices By Chinese Biotechnology Firms

The U.S. International Trade Commission (USITC) announced on February 26, 2026, that it is undertaking a factfinding investigation to examine Chinese state support and pricing practices in the biotechnology sector and assess how these practices may be affecting the market share and competitiveness of the U.S. industry. USITC states that it is instituting this investigation, “Impact on U.S. Industry of China’s State Support and Pricing Practices in the Biotechnology Sector” (Inv. No. 332-610), following guidance in a report by the Senate Appropriations Committee accompanying the Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026. The Committee report states that USITC’s report:

  • Should include detailed information, to the extent practicable, on the degree of subsidization and market overcapacity by Chinese biotechnology firms and its impact on U.S. industry, including genomic sequencing, synthetic biology, and active pharmaceutical ingredient manufacturing;
     
  • Should examine the extent to which Chinese state support and pricing practices may be affecting U.S. market share and competitiveness in biotechnology-related products and services; and
     
  • Should be transmitted to the House of Representatives and Senate Committees on Appropriations within 12 months of the Act’s enactment.

USITC will hold a public hearing in connection with the investigation on May 27, 2026, and continuing, if necessary, on May 28, 2026. USITC provided the following dates as they relate to its investigation:

  • May 11, 2026: Deadline for filing requests to appear at the public hearing;
     
  • May 14, 2026: Deadline for filing prehearing briefs and statements;
     
  • May 20, 2026: Deadline for filing electronic copies of hearing oral statements;
     
  • May 27-28, 2026: Public hearing;
     
  • June 11, 2026: Deadline for filing posthearing briefs; and
     
  • July 17, 2026: Deadline for filing all other written submissions.

USITC expects to publish its report by January 22, 2027.

Event

EuropaBio Will Hold Webinar On Navigating Biotech SME Funding In Europe

On March 10, 2026, EuropaBio, the European Association for Bioindustries, will hold a webinar on “Navigating Biotech SME Funding: What’s available, How it works, What’s next for Europe.” According to EuropaBio, Europe’s biotech sector “continues to face significant financing challenges, especially during growth and scale‑up.” As the European Union (EU) moves forward with the landmark Biotech Act, the webinar will explore the funding tools available today, how companies can access them, and what changes are needed to expand investment in European biotech. The webinar will provide an overview of current EU public and blended finance options across the development pipeline, explain how the European Investment Bank evaluates and supports biotech projects, and offer first-hand insights from a biotech founder on securing funding from idea to market. It will also examine how upcoming EU initiatives could improve access to capital and attract more private investment. The speakers include:

  • Felicitas Riedl, Director of Innovation and Competitiveness at the European Investment Bank;
     
  • Raffael Wohlgensinger, Founder and Chief Executive Officer (CEO), Formo; and
     
  • Jessica Martinsson, moderator and CEO of SwedenBIO, the Swedish Biotech Association.

Categories

Comprehensive Environmental Law Services

Explore