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14 
EFFECT OX STATE AND LOCAL EEQUIREMENl'S 
Sec. 106. (a) Except as provided in subsection (b) , 
no State or political subdivision of a State may establish or 
continue in effect any requirement for the regulation of re- 
combinant DNA activities. 
(b) Upon application of a State or political subdivision 
of a State, the Secretary shall, by order promulgated after 
providing (in accordance with this subsection) notice and 
opportunity for an oral hearing on such application and after 
considering local conditions, exempt from subsection (a) of 
this section, under such conditions as may be prescribed in 
such order, a requirement of such State or political subdivi- 
sion applicable to recombinant DNA activities if — 
( 1 ) the requirement is the same as, or more strin- 
gent than, a requirement under section 102 (a) ; and 
(2) the requirement is necessary to protect health 
or the environment. 
A State or political subdivision which submits an applica- 
tion under this subsection shall be given an opportunity for 
an oral hearing on such application to be commenced not 
later than sixty days from the date the application is sub- 
mitted. The presiding officer at such a hearing shall upon 
conclusion of the hearing make a written recommendation to. 
the Secretary respecting approval of the application upon 
which the hearing was held. 
[Appendix B — 16] 
