Environmental Protection Agency's Role Under the Toxic Substances Control Act

TSCA provides the EPA with authority to regulate chemical substances which may present an unreasonable risk of injury to health or the environment during manufacture, processing, distribution in commerce, use, or disposal. TSCA applies to uses of substances that are not specifically covered by another statute, i.e., TSCA does not apply to pesticides, food, drugs or cosmetics. TSCA is therefore a “catch-all” or “gap-filler” statute.

Environmental Protection Agency's Role Under Federal Food, Drug and Cosmetic Act

In the case of herbicide-tolerant crops, EPA establishes tolerances for the allowable amount of herbicide residues that may remain on the crop.

Environmental Protection Agency's Role Under The Federal Insecticide, Fungicide, and Rodenticide Act

EPA uses its authority under FIFRA to regulate plant incorporated protectants, or substances produced to control pests, both, to ensure that the production of such a pesticide in plants is safe for the environment, and to establish allowable levels of the pesticide in the food supply.

U.S. Regulatory Regime of GMO’s – Jurisdiction Of The EPA

U.S. Regulatory Regime of GMO's - Jurisdiction Of The EPA

Any substance produced and used in a living plant, whether through conventional breeding or genetic modification is regulated by the EPA if it is intended to control pests. As such, the EPA has a role in regulating the several types of genetically modified organisms.

Introduction to the U.S. Regulatory Regime for GMOs

Presently, it is questionable whether the genetically engineered foods are adequately controlled and/or regulated under U.S. law. There is no single federal statute or federal agency that governs the subject matter. Three federal agencies are primarily responsible for the regulation of genetically engineered foods – the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), and the U.S. Department of Agriculture (USDA).

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