On March 9, 2017, the National Academies of Sciences,    Engineering, and Medicine (National Academies) published a    report entitled Preparing for Future    Products of Biotechnology, prepared by the Committee on    Future Biotechnology Products and Opportunities to Enhance    Capabilities of the Biotechnology Regulatory System    (Committee). The Committee was asked to describe the possible    future products of biotechnology that will arise over the next    five to ten years, as well as provide some insights that can    help shape the capabilities within the U.S. Environmental    Protection Agency (EPA), the U.S. Food and Drug Administration    (FDA), and the U.S. Department of Agriculture (USDA) as they    move forward. According to the Committee, agencies may be    overwhelmed by the number and diversity of new biotechnology    products. The Committee states that the agencies should    increase their scientific capabilities, tools, and expertise in    key areas of expected growth. The report reflects the    Committees deliberations regarding the future products of    biotechnology that are likely to appear on the horizon, the    challenges that the regulatory agencies might face, and the    opportunities for enhancing the regulatory system to prepare    for what might be coming. The Committee reached consensus on    conclusions and recommendations that are based on extensive    information gathering, Committee discussions, and input from a    wide variety of communities interested in biotechnology. A copy    of the slides used during a National Academies webinar on the    report can be found on the National    Academies website.  
    On July 2, 2015, the White House Office of Science and    Technology Policy, the Office of Management and Budget, the    U.S. Trade Representative, and the Council on Environmental    Quality issued a memorandum, Modernizing    the Regulatory System for Biotechnology Products,    directing EPA, FDA, and USDA to update the     Coordinated Framework for the Regulation of Biotechnology    (Coordinated Framework). The Obama Administration asked the    agencies to accomplish three tasks:  
        Clarify the current roles and responsibilities of the EPA,        FDA, and USDA in the regulatory process;      
        Develop a long-term strategy to ensure that the federal        regulatory system is equipped to assess efficiently the        risks, if any, of the future products of biotechnology; and      
        Commission an expert analysis of the future landscape of        biotechnology products.      
    As reported     previously, on January 4, 2017, the White    House announced the release of the     2017 Update to the Coordinated Framework for the Regulation of    Biotechnology. The 2017 Update provides a comprehensive    summary of the roles and responsibilities of EPA, FDA, and USDA    with respect to regulating biotechnology products. Together    with the     National Strategy for Modernizing the Regulatory System for    Biotechnology Products, published in September 2016,    the 2017 Update offers a complete picture of a robust and    flexible regulatory structure that provides appropriate    oversight for all products of modern biotechnology. Within    that regulatory structure, the federal agencies maintain high    standards that, based on the best available science, protect    health and the environment, while also establishing    transparent, coordinated, predictable and efficient regulatory    practices. More information is available in the White House    blog item, Increasing    the Transparency, Coordination, and Predictability of the    Biotechnology Regulatory System.  
    The July 2, 2015, memorandum called for the commission of an    external, independent analysis of the future landscape of    biotechnology products. EPA, FDA, and USDA commissioned the    National Academies to prepare an analysis to identify potential    new risks and frameworks for risk assessment and areas in which    the risks or lack of risks relating to the products of    biotechnology are well understood. This analysis is presented    in the report prepared by the Committee that was released on    March 9, 2017.  
    The Committee was tasked to:  
        Describe the major advances and the potential new types of        biotechnology products likely to emerge over the next five        to ten years;      
        Describe the existing risk-analysis system for        biotechnology products including, but perhaps not limited        to, risk analyses developed and used by EPA, USDA, and FDA,        and describe each agencys authorities as they pertain to        the products of biotechnology;      
        Determine whether potential future products could pose        different types of risks relative to existing products and        organisms. Where appropriate, identify areas in which the        risks or lack of risks relating to the products of        biotechnology are well understood; and      
        Indicate what scientific capabilities, tools, and expertise        may be useful to the regulatory agencies to support        oversight of potential future products of biotechnology.      
    Human drugs and medical devices were not included in the    purview of the study.  
    To address its statement of task, the Committee gathered    information from a number of sources, and heard from over 70    speakers over the course of three in-person meetings and eight    webinars. The Committee received responses to a request for    information from a dozen federal agencies, and solicited    statements and written comments from members for the public.    According to the report, the Committee defined biotechnology    products as products developed through genetic engineering or    genome engineering (including products where the engineered DNA    molecule is itself the product, as in an engineered molecule    used as a DNA information-storage medium) or the targeted or    in vitro manipulation of genetic information of    organisms, including plants, animals, and microbes. The term    also covers some products produced by such plants, animals,    microbes, and cell-free systems or products derived from all of    the above.  
    The Committee grouped future products into three major classes:  
        Open-release products: The open-release products that the        Committee saw on the horizon include plants, animals,        microbes, and synthetic organisms that have been engineered        for deliberate release in an open environment. According to        the report, the ability to sustain existence in the        environment with little or no human intervention is a key        change between existing products of biotechnology and some        of the future ones anticipated in this class. The report        states that the Committee thought that future open-release        products would be developed for familiar uses, such as        agricultural crops, but would also likely be developed for        uses such as cleaning up contaminated sites with engineered        microbes, replacing animal-derived meat with meat cultured        from animal cells, and controlling invasive species through        gene drives;      
        Contained products: The Committee concluded that future        biotechnology products that are produced in contained        environments are more likely to be microbial based or        synthetically based rather than based on an animal or plant        host. According to the report, organisms of many genera are        used in fermenters to produce commodity chemicals, fuels,        specialty chemicals or intermediates, enzymes, polymers,        food additives, and flavors. When considering the        laboratory as a contained environment, the report states        that many examples of transgenic animals from vendors are        widely used today for research and development. Because        performing biotechnology in contained environments allows        higher control over the choice of host organism, systems        with advanced molecular toolboxes are already in high use;        and      
        Platforms: Biotechnology platforms are tools that are used        in the creation of other biotechnology products, according        to the report, including products that are traditionally        characterized as wet lab, such as DNA/RNA, enzymes,        vectors, cloning kits, cells, library prep kits, and        sequencing prep kits, and products that are dry lab, such        as vector drawing software, computer-aided design software,        primer calculation software, and informatics tools. The        report states that these two categories continue to meld as        newer approaches are published or commercialized.      
    The report notes that there are a variety of technical,    economic, and social trends that drive and will continue to    drive the types of biotechnology products developed in the next    decade. Technical and economic trends in the biological    sciences and biological engineering are accelerating the rate    at which new product ideas are formulated and the number of    actors who are involved in product development. The report    states that with regard to social trends, it was evident to the    Committee that there are many competing interests, risks, and    benefits regarding future biotechnology products. According to    the report, it was clear that the U.S. and international    regulatory systems will need to achieve a balance among these    competing aspects when considering how to manage the    development and use of new biotechnology products.  
    The Committee found that the Coordinated Framework appears to    have considerable flexibility in statutory authority to cover    a wide range of biotechnology products. The jurisdictions of    EPA, FDA, and USDA are defined in ways that may leave gaps or    redundancies in regulatory oversight, however. According to the    report, even when jurisdiction exists, the available legal    authorities may not be ideally tailored to new and emerging    biotechnology products. Other agencies will likely have    responsibilities to regulate some future biotechnology    products, and their roles are not well specified in the    Coordinated Framework.  
    The report states that the Committee found that the complexity    of the existing biotechnology regulatory system, which could    appear fragmented, results in a system that is difficult for    product developers -- including individuals, nontraditional    organizations, and small enterprises, as well as consumers,    product users, and interested members of the public to    navigate. The complexity can cause uncertainty and a lack of    predictability for developers of future biotechnology products    and creates the potential for loss of public confidence in    oversight of future biotechnology products.  
    According to the report, the increased rate of new product    ideas means that the types and number of biotechnology products    in the next five to ten years may be significantly larger than    the current rate of product introduction. The report cautions    EPA, FDA, USDA, and other relevant agencies to prepare for this    potential increase, including finding effective means of    evaluation that maintains public safety, protects the    environment, and satisfies the statutory requirements    appropriate for each agency. The increased number of actors    involved in product development means that the regulatory    agencies will need to be prepared to provide information    regarding the regulatory process to groups that may have little    familiarity with the Coordinated Framework.  
    According to the report, advances in biotechnology are leading    to products that involve the transformation of less familiar    host organisms, have multiple engineered pathways, are    comprised of DNA from multiple organisms, or are made from    entirely synthetic DNA. Such products may have few or no    comparators to existing nonbiotechnology products, which    function as the baseline of comparison in current regulatory    risk assessments of biotechnology products.  
    For future biotechnology products in all degrees of complexity    and novelty, the Committee considered the risk assessment    endpoints related to human health or environmental outcomes,    such as illness, injury, death, or loss of ecosystems function.    The Committee concluded that these endpoints are not new, but    the intermediate steps along the path to those endpoints may be    more complex, more ambiguous, and less well characterized than    those for existing biotechnology products. According to the    report, the scope, scale, complexity, and tempo of    biotechnology products likely to enter the regulatory system in    the next five to ten years have the potential to critically    stress EPA, FDA, and USDA, both in terms of capacity and    expertise.  
    At a high level, the Committee found that there are existing    frameworks, tools, and processes for risk analyses and public    engagement that can be used to address the issues likely to    arise in future biotechnology products in a way that balances    competing issues and concerns. Given the profusion of    biotechnology products that are on the horizon, however, there    is a risk that the capacity of the regulatory agencies may not    be able to provide efficiently the quantity and quality of risk    assessments that will be needed. The report states that an    important approach for dealing with the increase in the    products will be the increased use of stratified approaches to    regulation, where new and potentially more complex risk    analysis methods will need to be developed for some products,    while established risk analysis methods can be applied or    modified to address products that are familiar or that require    less complex risk analysis. To help articulate what    capabilities, tools, and expertise might be useful to meet    these objectives, the Committee created a conceptual map for    decision-making aimed to assess and manage product risk,    streamline regulation requirements, and increase transparency.  
    The Committee identified the following broad themes regarding    future opportunities for enhancement of the U.S. biotechnology    regulatory system:  
        The bioeconomy is growing rapidly and the U.S. regulatory        system needs to provide a balanced approach for        consideration of the many competing interests in the face        of this expansion;      
        The profusion of biotechnology products over the next five        to ten years has the potential to overwhelm the U.S.        regulatory system, which may be exacerbated by a disconnect        between research in regulatory science and expected uses of        future biotechnology products;      
        Regulators will face difficult challenges as they grapple        with a broad array of new types of biotechnology products        -- for example, cosmetics, toys, pets, and office supplies        -- that go beyond contained industrial uses and traditional        environmental release (for example, Bacillus        thuringiensis (Bt) or herbicide-resistant        crops);      
        The safe use of new biotechnology products requires        rigorous, predictable, and transparent risk-analysis        processes whose comprehensiveness, depth, and throughput        mirror the scope, scale, complexity, and tempo of future        biotechnology applications; and      
        In addition to the conclusions and recommendations from        this report, EPA, FDA, USDA, and other agencies involved in        regulation of future biotechnology products would benefit        from adopting recommendations made by previous National        Academies committees related to future products of        biotechnology that are consistent with the findings and        recommendations in this report.      
    On the basis of its conclusions, the Committee developed a    number of detailed recommendations regarding actions that can    be taken to enhance the capabilities of the biotechnology    regulatory system to be prepared for anticipated future    products of biotechnology.  
        EPA, FDA, USDA, and other agencies involved in regulation        of future biotechnology products should increase scientific        capabilities, tools, expertise, and horizon scanning in key        areas of expected growth of biotechnology, including        natural, regulatory, and social sciences;      
        EPA, FDA, and USDA should increase their use of pilot        projects to advance understanding and use of ecological        risk assessments and benefit analyses for future        biotechnology products that are unfamiliar and complex and        to prototype new approaches for iterative risk analyses        that incorporate external peer review and public        participation; and      
        The National Science Foundation, the Department of Defense,        the Department of Energy, the National Institute of        Standards and Technology, and other agencies that fund        biotechnology research with the potential to lead to new        biotechnology products should increase their investments in        regulatory science and link research and education        activities to regulatory-science activities.      
    The report is well written and contains a significant amount of    new and valuable information on the types of new biotechnology    products being innovated and coming into commerce, trends of    note regarding future products, and regulatory gaps and    redundancies that need to be addressed. This background    information is clearly presented and supports well the    conclusions that are essential to understand, and the    recommendations that are in urgent need of response.  
    That the federal agencies tasked with regulating biotechnology    products need increased funding and organizational retooling to    address the challenges eloquently and convincingly described in    the report are truths beyond dispute. In this political    climate, and under this Administration, meeting these needs    will be challenging. Shareholders of all sorts in the    biotechnology area -- businesses, innovators, environmental and    public health activists -- are urged to weigh in and express    support for the allocation of resources needed to fulfill the    reports recommendations. Future generations of biotechnology    products are on the line and at risk if these recommendations    fall on deaf ears.  
  2017 Bergeson & Campbell, P.C.
See the article here:
National Academies Report Finds Future Biotechnology Products May Overwhelm Agencies - The National Law Review