Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An animal whose
genome has been deliberately altered, modified, or engineered, through means
not possible under natural conditions, by insertion of a foreign gene or genes
using genetic engineering methods.
(1) An
animal is transgenic if its chromosomes contain artificially transferred
genetic material from any other organism or a laboratory construct, regardless
of whether the original source's genetic material was altered, modified or
engineered prior to insertion, or whether the originally transferred genetic
material was inherited through normal reproduction.
(2) Methods of producing transgenic animals
may include, but are not limited to, recombinant DNA and RNA techniques, cell
fusion, micro- and macro-encapsulation, introduction of a foreign gene, or gene
knock-in.
(3) Any progeny of a
transgenic animal is transgenic within the meaning of this section.
(4) Notwithstanding subsection (a) above, an
animal is not transgenic within the meaning of this section if:
(A) It is an aquatic animal species produced
through breeding, conjugation, fermentation, hybridization, in vitro
fertilization, or tissue culture and no transgenic organisms are
involved;
(B) It is an aquatic
animal species produced through whole genome ploidy manipulation; or
(C) The foreign gene or genes in the animal
is the result of therapeutic treatment with a DNA
vaccine.
(b)
Notwithstanding subsection
671(c)(11), a
transgenic aquatic animal is not detrimental, and therefore not subject to
regulation under Section
671 and subsection
671.1(a)(8), if
all of the following apply:
(1) It is a live
tropical marine or freshwater animal that will not be utilized for research
purposes, human consumption, or bait purposes and will be maintained in a
closed system and not placed in waters of the state;
(2) The applicant, which may be a person or
entity, seeking to import, distribute, possess, and sell the transgenic aquatic
animal in California has submitted to the department the application and fee
specified in Section
703.
(3) The department has determined in writing,
based on the information provided pursuant to subsection (b)(2), and any other
relevant credible scientific information in the possession of the department or
submitted to the department, that the presence of the transgenic aquatic animal
within California poses no reasonably foreseeable risk to native fish,
wildlife, or plants.
1. New
section filed 4-14-2003; operative 5-14-2003 (Register 2003, No.
16).
2. Repealer and new section and amendment of NOTE filed
12-10-2015; operative 1-1-2016 pursuant to Government Code section
11343.4(b)(3)
(Register 2015, No. 50).
3. Change without regulatory effect
amending NOTE filed 8-8-2019 pursuant to section
100, title 1, California Code of
Regulations (Register 2019, No. 32).
Note: Authority cited: Sections
200,
205,
265,
275 and
1050,
Fish and Game Code. Reference: Sections
1050
and
2271,
Fish and Game Code.
