21 
D . Conclusion 
Whether or not additional regulation is appropriate for 
deliberate release of organisms into the environment, no addi- 
tional regulation is necessary or desirable in the context of 
inadvertent release of organisms during the closed fermentation 
process. If the federal government chooses to regulate the 
former area, it should not attempt to do so utilizing a poorly 
applicable statute (i . e . , TSCA) , never intended for that 
purpose, in its haste to initiate regulation. Relying on TSCA 
will provide little of the desired benefit but will unduly 
burden and possibily destroy much of the genetic engineering 
industry by encroaching on another, already well-regulated 
segment of the industry. In other words, in a poor attempt to 
regulate the 11% of the industry engaged in environmental 
applications, the government would threaten the existence of 
significant segments of the industry such as the 62% of the 
industry manufacturing pharmaceuticals and the 20% manufacturing 
speciality chemicals and food. 41/ 
If the federal government nonetheless insists on utilizing 
TSCA as its regulatory tool, published rules should clarify that 
(Footnote continued from previous page) 
substance "will present an unreasonable risk” to health 
and the environment. 15 U.S.C. § 2611. (emphasis added) 
41 / See OTA Report II at 71. 
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