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6 Minn. J.L. Sci. & Tech. 457 (2004-2005)
Glowing in the Dark: How America's First Transgenic Animal Escaped Regulation

handle is hein.journals/mipr6 and id is 477 raw text is: Articles

Glowing in the Dark: How America's First
Transgenic Animal Escaped Regulation
Rebecca M. Bratspies
If you don't want to scare the public, you'd better have an agency
responsible, and you'd better have clear-cut rules, and you'd
better mandate that they be followed .... We don't have that.1
One fish, two fish, red fish, blue fish
Black Fish, blue fish, old fish, new fish.2
The first commercially available transgenic3 (or genetically
modified GM) animal went on sale in the United States on
January 5, 2004. The GloFish is an aquarium zebra danio
(Brachydanio rerio) that was genetically engineered to glow in
* Associate Professor, CUNY School of Law. This paper has benefited
from discussion at the CUNY Faculty Forum, and the World Aquaculture
Society's Aquaculture America 2005. Special thanks go to Bill Taylor for
suggesting this project and to Tracy Dobson, Ruthann Robson, B. Allen
Schulz, and Donna Lee for reading and commenting on earlier versions of this
paper, and to Laura Rabiee for research assistance.
1. Arthur Caplan, Chair of the University of Pennsylvania Center for
Medical Ethics, as quoted in Gregory M. Lamb, GloFish Zoom to Market,
CHRISTIAN SCI. MONITOR, Jan. 22, 2004, at 15.
2. DR. SEUSS, ONE FISH TWO FISH RED FISH BLUE FISH 3-4 (1960).
3. The term transgenic refers to an individual with an introduced or
novel genetic sequence integrated into its genetic makeup. See FOOD AND
AGRIC. ORG. OF THE UNITED NATIONS (FAO), FAO GLOSSARY OF
BIOTECHNOLOGY       FOR      FOOD      AND      AGRICULTURE,      at
http://www.fao.orglbiotech/fimd-formalpha-n.asp (last visited Mar. 18, 2005).
Typically this term refers to an organism that has genes from another
organism inserted into its genome. That said, some scientists are conducting
research into autotransgenic organisms-with addition copies of their own
species' genes inserted. For a discussion of research involving autotransgenic
organisms, see T.J. Pandian, Guidelines for Research and Utilization of
Genetically Modified Fish, 81 CURRENT SCI. 1172 (2001), available at
http://www.ias.ac.in/currsci (last visited Apr. 10, 2005).

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