作者：
KORWEK, ELEdward L. Korwek
Ph.D. J.D. is associated with the law offices of Keller and Heckman 1150 17th St. N.W. Washington D.C. 20036.REFERENCES Committee on Recombinant DNA "Potential Biohazards of Recombinant DNA Molecules" Nature250: 175 (1974) Proc. Nat. Acad. Sci.71: 2593 (1974)Science185: 303 (1974).|Article|Fed. Regist.48: 24556 (1983).Milewski
E. Editor's Note. Recombinant DNA Tech. Bull.4: i (1981).Inside EPA 4 1 (1983). EPA has already held a meeting and published a draft report on the subject of its regulation of this area under the TSCA. EPA "Administrator's Toxic Substances Advisory Committee Meeting"
Fed. Regist.48: 8342 (1983) Regulation of Genetically Engineered Substances Under TSCA
Chemical Control Division Office of Toxic Substances Office of Pesticides and Toxic Substances Environmental Protection Agency Washington D.C. (March 1982). Congress also recently held a hearing on the subject of existing federal authority over the release of R-DNA-containing organisms into environment. M. Sun Science221: 136 (1983).Sects. 2-30 15 U.S. Code sects. 2601-2629 (1976 and Supp. V 1981). Hereinafter all references in the text to TSCA refer to the section numbers as enacted and not to the corresponding U.S. Code sections.The Administrative Procedure Act specifically states that the reviewing court shall "hold unlawful and set aside agency action findings and conclusions found to be hellip in excess of statutory jurisdiction
authority or limitations or short of statutory right. hellip " 5 U.S. Code
sect. 706(2)(C) (1976).PHS Act 42 U.S. Code sects. 217a and 241 (1976) Charter
Recombinant DNA Advisory Committee Department of Health and Human Services (1982).Korwek E. Food Drug and Cosm. L. J.35: 633 (1980) p. 636.Although DHHS has some authority under Section 361 of the PHS Act to regulate R-DNA materials that cause human disease and are communicable most types of experimentation would not fall into this category. Because of this limitation the Sub committee of the Federal
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