experimentation constitutes manufacturing under the TSCA, 2 / and also 
the absence of a similar provision in section 6 creates a negative 
implication that section 6 applies to such experimentation. Nevertheless 
this is an area of some controversy that could well lead to future 
litigation in the event EPA attempts to regulate laboratory research. 
In the event EPA can regulate recombinant DNA laboratory research 
under the TSCA, it can do so only if it finds such research presents an 
"unreasonable risk of injury to health or the environment." This 
offers another area of potential controversy should EPA attempt to 
regulate all such research through this mechanism, j)/ 
The most serious deficiency in the TSCA, as a vehicle for regulation 
of recombinant DNA laboratory research, is presented by section 5, 
noted above, which requires manufacturers to notify EPA when they intend 
to manufacture a new chemical substance. As has already been indicated, 
scientific experimentation is specifically exempted from this requirement 
Since section 5 deals directly with notice, and in effect registration . 
2 / A point supported by the fact that section 5 has a separate 
definition of "manufacture" solely for purposes of that section, 
which is limited to manufacture "for commercial purposes." The 
quoted phrase does not appear in the more general definition 
applicable to section 6. 
_3/ On the other hand, the TSCA authorizes any person to commence a 
civil action to compel EPA to perform any act or duty under the 
TSCA which is not discretionary. In some cases, this could lead 
to litigation regardless of what course of action EPA adopts. 
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