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EPA/OPPTS RIN: 2070-AD53 Publication ID: Spring 2009 
Title: TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) 
Abstract: As a follow-up to the final Biotechnology Rule under the Toxic Substances Control Act (TSCA) EPA is considering whether to address TSCA oversight of transgenic plants and other organisms. Recent information indicates that transgenic plants and other organisms are being developed for uses which appear to be subject to TSCA jurisdiction. For example, plants are being genetically modified to produce industrial grade, rather than food grade, oils. Many of these plants are subject to oversight by the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture while being tested in the environment. Following APHIS approval of a petition for non-regulated status filed pursuant to APHIS' regulations implementing the Federal Plant Pest Act at 7 CFR part 340, however, these plants cease to be subject to regulation by USDA. Additionally, transgenic animals that are not under the jurisdiction of FDA appear to be subject to TSCA. Such animals may be genetically improved livestock for commercial purposes. The policy statement would address whether EPA should exercise jurisdiction under TSCA over such transgenic organisms prior to their commercial use. 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 720   
Legal Authority: 15 USC 2604   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  To Be Determined    
Additional Information: SAN No. 4598
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: Businesses, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Greg Schweer
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
1200 Pennsylvania Avenue NW, Mail Code 7405M,
Washington, DC 20460
Phone:202 564-8469
Fax:202 564-9094
Email: schweer.greg@epa.gov