The Food and Drug Administration (FDA) is announcing the availability of a draft guidance entitled ''Use of Antibiotic Resistance Marker Genes in Transgenic Plants: Guidance for Industry'' (the draft guidance) and report entitled ''Report on Consultations Regarding Use of Antibiotic Resistance Marker Genes In Transgenic Plants.''  The report summarizes FDA's recent consultations with outside experts on the use of antibiotic resistance marker genes in transgenic plants. The draft guidance is intended to provide information to crop developers that will assist them on the use of antibiotic resistance marker genes in the development of transgenic plants. In accordance with FDA's good guidance practices (GGP's) for Level 1 guidance, the agency is making the draft guidance available for public comment. The agency is also making the report available for public comment.