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Would splicing genes between different soybeans make those varieties genetically modified (GM) or non-organic?

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Would splicing genes between different soybeans make those varieties genetically modified (GM) or non-organic?

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I do not participate in making rules regarding organic production, but it is my understanding that gene transfers done using gene splicing techniques within a species result in cultivars that are not considered transgenic. One example of this is Cyst-X soybeans, whose genes for cyst nematode resistance were transferred from one soybean cultivar to another using genetic transfer techniques, purportedly in order to improve the activity of the transferred genes. These soybean cultivars are in commercial production, and they are not labeled as GM. I believe that all crop cultivars now labeled as GM contain gene constructs that were made using a gene or genes from a different species.

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