In the event that a determination of non-regulated status made pursuant to section 411 of the Plant Protection Act is or has been invalidated or vacated, the Secretary of Agriculture shall, notwithstanding any other provision of law, upon request by a farmer, grower, farm operator, or producer, immediately grant temporary permit(s) or temporary deregulation in part, subject to necessary and appropriate conditions consistent with section 411(a) or 412(c) of the Plant Protection Act, which interim conditions shall authorize the movement, introduction, continued cultivation, commercialization and other specifically enumerated activities and requirements, including measures designed to mitigate or minimize potential adverse environmental effects, if any, relevant to the Secretary's evaluation of the petition for non-regulated status, while ensuring that growers or other users are able to move, plant, cultivate, introduce into commerce and carry out other authorized activities in a timely manner: Provided, That all such conditions shall be applicable only for the interim period necessary for the Secretary to complete any required analyses or consultations related to the petition for non-regulated status: Provided further, That nothing in this section shall be construed as limiting the Secretary's authority under section 411, 412 and 414 of the Plant Protection Act.
[7] NPR reported that Greg Jaffe, director of the Biotechnology Project at the Center for Science in the Public Interest, said that "It's not clear that this provision radically changes the powers USDA has under the law.
Back in 2010, a federal judge in San Francisco ruled that the USDA had approved genetically modified sugar beets for commercial planting without adequately assessing their potential environmental impact.
[3][7] A joint letter from ten agricultural trade and technology organizations[note 1] sent to congressmen Hal Rogers and Norman D. Dicks, the chairman and ranking member of the House Committee on Appropriations, on June 12, 2012, stated that the provision was a response to frivolous procedural lawsuits against the USDA which were attempting to "disrupt the regulatory process and undermine the science-based regulation of [agricultural biotechnology].
Moreover, the language would apply only to products that have already satisfactorily completed the U.S. regulatory review process and does not remove or restrict anyone’s right to challenge USDA once a determination of no plant pest risk has been made.
The inclusion of Section 733 is a positive step to ensure U.S. farmers and our food chain are shielded from supply disruptions caused by litigation over procedural issues unrelated to sound science or the safety of biotech crops.