47 
“ EFFECT ON STATE AND LOCAL REQUIREMENTS 
“Sec. 1813. (a) It is declared to be the express intent of Congress 
to supersede any and all laws of the states and of the political subdi- 
visions thereof insofar as they may establish or continue in effect with 
respect to recombinant DNA activities any requirement which is dif- 
ferent from , or in addition to, any requirement applicable under this 
title, except as provided in subsection (b) . 
“(b) Upon receipt of an application by a state or by a political sub- 
division of a state and after notice and opportunity for a hearing on 
the record , the Commission shall, no later than three months from the 
date the application was received and in accordance with the provi- 
sions of paragraphs (1) and (2) of this subsection, exempt any exist- 
ing or proposed requirement from subsection (a) of this section. 
“(1) The Commission shall grant an exemption under this subsec- 
tion only if it finds — • 
“(J.) that the requirement of a state or political subdivision 
of a state applicable to recombinant DNA activities is, and will 
be administered so as to be, more stringent than a requirement un- 
der this title; 
“(B) the reason for the requirement is relevant and material 
to the health and environmental concerns or comparable compel- 
ling load conditions of such state or political subdivision; and 
“(C) compliance with the requirement will not cause such ac- 
tivities to be in violation of any applicable requirement under this 
title. 
The Commission may not withdraw any such exemption for so long 
as it finds that such requirement remains more stringent than a re- 
quirement under this title and continues to be so administered. 
“(2) The Commission shall not grant an exemption under this sub- 
section if the Commission finds that such requirement is arbitrary and 
capricious. 
“ (c) An application for such an exemption may be accompanied by 
any materials gathered by the applicant in its legislative or adminis- 
trative consideration of the existing or proposed requirement. Upon 
receipt of such an application and such materials, if submitted, the 
Commission shall publish such application in the Federal Register as 
a proposal, accompanied by a description of any supporting materials 
submitted therewith. 
“(d) It is not the intention of the Congress that enactment of the 
Recombinant DNA Safety Regulation Act, promulgation of regula- 
tions thereunder, or compliance therewith should be considered in any 
way to reduce or affect the common law or statutory rights or remedies 
of any person regarding recombinant DNA activities. 
“judicial review of licensing 
“Sec. 181 4- (a) Any person adversely affected by an action of the 
Commission under section 1803 or 1805 concerning the issuance, revoca- 
tion, suspension, or limitation of a license, may obtain review of the 
action in the United States court of appeals for the circuit in which 
that person resides or has his principal place of business. The petition 
for review must be filed within sixty days of the date notice of such 
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