11 
practice which indicates a violation of the applicable requirements. 
Within 30 days the inspector is to prepare a final written report. 
Section 105(b) requires a person in charge of a place inspected, 
upon request of the inspector, to provide samples of recombinant 
DNA or materials used in or produced by any recombinant DNA 
activity conducted in such place to enable the inspector to determine 
if the applicable requirements are being met. 
Section 105(c) authorizes an inspector to order recombinant DNA 
or materials used in or produced by any recombinant DNA activity 
detained for a period not to exceed 20 days if he has reason to believe 
it is involved in a prohibited act under section 103(a) or presents a 
' significant risk to health or the environment. If the Secretary deter- 
mines a longer period is necessary in order to institute a civil action 
under section 104(b), he may authorize a detention period of up to 
30 days. 
Section 105(d) provides that no inspector shall be required to ob- 
tain a search or inspection warrant before inspecting a place. 
Section 105(e) provides that an individual who is engaged in or 
has a direct financial interest in a project involving a recombinant 
DNA activity cannot be designated as an inspector of such project. 
Effect on State or local requirements ( section 106) 
Section 106(a) provides that (except as authorized under section 
106(b)) no State or political subdivision thereof may establish or 
continue in effect any requirement for the regulation of recombinant 
DNA activities. 
Section 106(b) establishes conditions and procedures under which 
States and political subdivisions thereof may prescribe requirements 
with respect to recombinant DNA activities. It requires the Secre- 
tary, upon application, after notice and opportunity for an oral hear- 
ing, and after considering local conditions, to issue an order exempt- 
ing a State or local requirement from subsection (a) if (1) the re- 
quirement is the same as, or more stringent than, a requirement under 
section 102 (a) and (2) the requirement is necessary to protect health 
or the environment. The oral hearing is to be commenced not later 
than 60 days from the date the application is submitted. The pre- 
siding officer at the hearing is to make a written recommendation to 
the Secretary respecting approval of the application. Within 60 
days of the conclusion of the hearings or 120 days after submission of 
the application, whichever occurs first, the Secretary must approve 
or deny the application. The Secretary’s decision must be in writing 
and, if a hearing was conducted, the decision must contain the rec- 
ommendation made by the presiding officer, and must include a com- 
plete statement of the reasons for the Secretary’s decision. 
Training and studies ( section 107) 
Section 107(a) authorizes the Secretary to conduct and support 
training in the safe handling of recombinant DNA. 
Section 107 (b) requires the Secretary to conduct or support on a 
continuing basis studies assessing the risks to health and the environ- 
ment of recombinant DNA activities. In addition, it authorizes the 
Secretary, by order, to make the requirements of section 102 inappli- 
cable to such risk assessment studies. Such orders are to be published 
[Appendix B — 141] 
