PEW INITIATIVE WORKSHOPS SCRUTINIZE ANIMAL BIOTECHNOLOGY
Phillip B. C. Jones
Late last year, the Pew Initiative on Food and Biotechnology released proceedings from two 2005 workshops on ethical, regulatory, and commercial aspects of genetically modified (GM) animals. Workshop participants included animal biotechnology researchers from academia and industry; industry representatives from biotech, food, and agricultural sectors; consumer and animal welfare advocates; ethicists; and officials from federal and state regulatory agencies. The Pew Initiative website (http://pewagbiotech.org/) offers copies of workshop reports. Here are some highlights.
Ethics and Animal Biotechnology
One GM animal has entered the U.S. marketplace so far: the GloFish™, a fluorescent zebra fish. The Food and Drug Administration did not see a need for its regulatory oversight and allowed the fish to swim in the stream of commerce. Other types of GM animals await FDA approval for commercialization, including a GM salmon engineered for accelerated growth. The near future may bring GM animals that produce pharmaceuticals in their milk, express desirable production attributes, or contain organs suitable for transplantation into humans. The FDA has also been reviewing an ongoing study on the safety of animal clones and their offspring in the human food supply.
The commercial success of any products derived from GM or cloned animals will partly depend on the public's acceptance of those products. Yet public opinion studies indicate that attitudes about the engineering and cloning of farm animals tend to be strongly negative in a vague sort of way. That is, many base their opposition on objections to "playing God" or some report that they "just don't like it."
In January 2005, the Pew Initiative hosted a workshop on moral and ethical aspects of GM and cloned animals designed for use in agricultural production. Dr. James Robl, president and chief scientific officer of Hematech, LLC (Sioux Falls, South Dakota), offered an overview of genetic engineering and cloning research in animal agriculture. For example, researchers have investigated methods for increasing milk protein content by inserting extra copies of beta or kappa casein genes into dairy cattle. To reduce fat and increase feed efficiency in swine, investigators have introduced an insulin-like growth hormone gene.
Researchers have also used genetic engineering to produce human therapeutic proteins in the milk of transgenic animals. Engineered sheep, goats, and cows, for instance, produce human antithrombin III, monoclonal antibodies, alpha lactalbumin, serum albumin, lactoferrin, and other therapeutic proteins. These animal production systems, Robl said, prove most valuable when the proteins cannot be produced in any other way. Consequently, Robl suggested that the use of mammary glands of transgenic animals would probably never support a huge industry.
More generally, Robl said that the agricultural transgenics industry consists of only a handful of people, and that the majority of them perform academic research, not commercial research. Most potential investors have decided to wait and monitor public opinion before they spend millions of dollars to place a transgenic animal-derived agricultural product on the market.
Dr. Chester Gipson, deputy administrator of animal care at the USDA's Animal and Plant Health Inspection Service, explored the topic of animal welfare. While legislators designed the Animal Welfare Act to protect animals, Gibson said that the Act excludes farm animals engineered to produce more meat or to grow faster. However, the Act does encompass transgenic livestock used in biomedical research, such as those designed to produce human vaccines in milk. Confusion remains about whether the Act's provisions will cover those animals after the research ends and the commercialization of the products begins.
Dr. Mickey Gjerris, assistant professor at the Danish Centre for Bioethics and Risk Assessment in Copenhagen, offered insights about European concerns. The Eurobarometer survey, an appraisal of the views of 1,000 people in each country, revealed Europeans' skepticism about biotechnology applied to animals or food production. In Europe, the focus in debates about genetic engineering and cloning of animals tends to shift down a slippery slope to possible consequences of applying the technology to humans.
These European surveys have also uncovered a lack of evidence for the view that educating people about biotechnology will increase their acceptance of it. Education may help people make up their minds about biotechnology, but they do not necessarily become more positive about the technology.
Europe has rejected GM crops, partly because the ethical concerns of the public have been deemed irrelevant or less important, Gjerris suggested. The public must have the opportunity to voice concerns, and these worries must be taken into consideration. You have to make people feel that you take them seriously, he said, in order for them to take you seriously.
Gjerris' advice applies to the United States as well. The Pew Initiative's executive director Michael Fernandez underscored this point in a press release about his organization's 2005 poll of U.S. consumers. "From the survey results," he said, "it is clear that moral and ethical concerns play a big role in forming consumer attitudes, particularly towards animal cloning, and that U.S. consumers want these issues to be part of the public debate. Despite these concerns, consumers do not support banning new uses of biotechnology, but are looking to government regulators to provide assurance that new products are safe."
Participants of the second animal biotech workshop also looked for that assurance.
Ad Hoc Regulation of Animal Biotech?
At the regulatory and commercial issues workshop, Pew Initiative founding executive director Mike Rodemeyer described the principles of the 1986 Coordinated Framework: biotechnology as a process does not pose unique risks; agencies should base regulation on the nature and intended use of the product, not on the process used to obtain the product; and existing laws can regulate biotechnology products. Under the Framework, the White House Office of Science and Technology Policy coordinated the efforts of the FDA, the U.S. Department of Agriculture, and the Environmental Protection Agency.
The FDA received authority to regulate the safety of food, food additives, animal feed, animal and human drugs, biologics, and devices derived from GM plants and animals. This diversity of responsibilities has sparked controversy. In particular, the lack of FDA guidance or regulations specific to transgenic animals, Rodemeyer said, has led to concerns about how an agency designed for supervision of drugs will regulate live animals.
Fred Degnan, a partner with King & Spalding, LLP (Washington, D.C.), explained that researchers who want to develop a marketable product from a transgenic animal typically establish an investigational new animal drug file with the FDA, and then perform research under the agency's requirements. Before a business can introduce its products into the marketplace, it must file a new animal drug application. The FDA then reviews the product for safety and efficacy.
How can the FDA consider a transgenic animal to be a drug? It doesn't, exactly. Although regulations on new animal drugs were written for conventional pharmaceuticals, the FDA applies the rules to GM animals, because the agency considers an introduced genetic construct to meet the definition of "animal drug" if it changes the structure or function of the transgenic animal.
Tom Bundy, who served as deputy assistant general counsel at the USDA, described how the USDA can weave regulation of transgenic animals into its rules. Bundy said that, although no USDA statutes explicitly provide authority to regulate transgenic animals, the Animal Health Protection Act could encompass transgenic animals engineered with a livestock disease or pest. The Act, a consolidation of animal quarantine laws, could also cover regulation of a transgenic animal if researchers had introduced a knockout or silencing gene to alter resistance to a livestock disease or pest.
Larry Culleen, an attorney in Arnold & Porter's environmental practice group (Washington, D.C.), spoke about the EPA's authority to regulate transgenic animals. The Toxic Substances Control Act covers broadly defined "chemical substances," excluding foods, drugs, cosmetics, pesticides, and tobacco. The EPA views TSCA as a safety net to capture any biotech product not covered by other laws. The agency's expansive interpretation of the Act can create a situation in which a developer of a transgenic animal will have to comply with both TSCA and FDA regulations.
Workshop participants repeatedly called on the federal government to clarify which agencies and statutory authorities will support regulation of the animal biotechnology industry. An FDA official responded that regulatory agencies have been working at the "highest levels" for at least two years to determine how to regulate transgenic animals and their products within the Coordinated Framework. The official admitted, however, that it is difficult to predict when these jurisdictional issues will be resolved. After 20 years, the Coordinated Framework may require more than reshaping; it may require a reinvention.
Phill Jones
BiotechWriter.com
PhillJones@nasw.org

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