47 
Mr. Rifkin asked whether there were data to suggest that INA” can develop a 
niche. Are there any data to suggest that once INA - develcps a niche it 
might be able to compete effectively with the INA + in the surrounding envi- 
ronment? Are there any data to suggest what the observable effects would 
be to insect life? Mr. Rifkin said we know IISA+ intimately affects insects. 
Mr. Rifkin said: 
"I'm afraid we're using petrochemical thinking to look at biological 
products. With a petrochemical it makes damned good sense to talk 
about how much chemical you're putting out and how big the environment 
is that you're placing it in. When you're dealing with a biological 
product, quantity is not as important all the time as quality, because 
biological products reproduce, they migrate, they grew, you cannot put 
them back in the drum and take them back to the laboratory. " 
Mr. Rifkin said his second set of issues deal with the recent preliminary 
injunction stopping NIH frern approving deliberate release experiments frem 
NIH funded institutions, and whether now two standards will exist: one 
standard for the university community and another for industry. If the 
court decision is upheld, NIH may have to prepare environmental impact 
statements or environmental assessments under the National Environmental 
Policy Act (NEPA) before being allowed bo approve deliberate release 
experiments submitted by universities. 
Mr. Rifkin suggested that: 
"...the desirability of a consistent policy and program, as well as the 
fundamental concepts of simple fairness, require that all deliberate 
release experiments, or each appropriate subclass, be treated in the 
same manner." 
Mr. Rifkin felt that: 
"...it would be entirely inappropriate for a particular deliberate release 
experiment submitted by a private company not to be held to the standards 
of environmental scrutiny. . .applicable to a similar experiment submitted 
by an NIH-funded entity." 
In response to Mr. Rifkin 's comments, Mr. Mitchell said the court's decision 
clearly stated that the preliminary injunction applied only to institutions 
which receive NIH funds for recombinant DNA research and specifically did 
not apply to voluntary submissions from industry. Mr. Mitchell pointed 
out that RAC is advisory in nature; the NIH Director will determine final 
action. He also pointed out that RAC proceeds on a case-by-case basis and 
reviews all proposals on their merits under a common standard. 
Mr. Harvey Price of the Industrial Biotechnology Association (IBA) said: 
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