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II. GENENTECH t S position on the first recommendation 
A. Statement of Disagreement 
Genentech takes exception to the first of the recom- 
mendations listed in the Gore Report. This recommendation 
declares that "EPA should proceed with its stated intention to 
extend its authority to include all deliberately released 
organisms not specifically identified as part of the legal 
obligation of another agency." In so recommending, the report 
relies upon EPA's conclusion that EPA possesses the necessary 
statutory authority under the Toxic Substances Control Act 
(TSCA) . Genentech disputes EPA's conclusion. Moreover, 
Genentech believes that even if TSCA did provide authority, it 
would be counter to the public interest to permit EPA to assume 
the scope of regulatory authority it seeks to exercise under 
TSCA. 
Genentech questions whether intentional release of 
genetically engineered living organisms involves any "chemical 
substance" as defined by TSCA. Both microorganisms and 
deoxyribonucleic acid (DNA) should be considered beyond the 
purview of the statute. 
Regulating deliberate release under TSCA has potential to 
cause more harm than good for society. Ignoring the distinction 
between accidental and deliberate release by the Gore Report, 
EPA would assert jurisdiction over the altered microorganisms 
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