Section 1.92 - Transgenic(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.Cal. Code Regs. Tit. 14, § 1.92
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.
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).