23 
sonal stake in the outcome of the controversy to wa/rrant ^invocation of 
Federal court jurisdiction. See WdWh v. Seldin, 1 422 U.S. 490, 498-99 
(1975) ’ and Simon v. Eastern Kentucky IV elf are Rights Orgamzatkn^ 
426 U.S. 26 (1976): 
7^ ( & ) . Emergency procedure, 
. Civil action must be brought in the, appropriate district court of the 
United States in order to seize or destroy any recombinant UNA or 
related material involved in a violation of section 103(a), or which 
toay present a significant risk to health or the environment, or in order 
to prevent the production pr movement of such hazardous material. 
Thus, any material impounded by an inspector which he believes, to be 
hazardous, or involved in a violation of the safety standards, may only 
be permanently seized or destroyed by such a qourforder. It is the 
committee’s intent that in any such proceeding, the best scientific judg- 
ment be utilized as to whether or not such material is truly hazardous, 
and whether or not its seizure or destruction is justified. Every attempt 
should be made to store any labile biological or chemical material im- 
pounded by an inspector under conditions, which would prevent its 
degradation or inactivation. 
, SECTION 105. INSPECTIONS 
105(a). Inspection procedure 
In order to enforce the requirements of sectipn 102, broad inspection 
authority is given to the Secretary. 
Inspectors designated by the, Secretary, including employees and 
agents of local biohazards committees, may enter and inspect any 
place or conveyance where recombinant DftA activities afe conducted 
upon presentation to the owner or authority in charge appropriate 
credentials and a written notice-, and after clearly informing him of 
their authority. Separate notification is required for each inspection: 
Inspectons must be made during normal business hours and are -ex- 
pected to be carried out in a reasonable manner, This means thatjm- 
spectors ,are expected to respect the problems caused by biological 
contamination, the fragility of, such scientific equipment and impor- 
tance of conducting experiments without disturbance.. Therefore, in 
implementing the inspection provision, the Secretary is .expected to re- 
spect the need for minimum disruption of experiments and other 
activities in progress. 
Inspection may extend to relevant equipment materials, containers, 
records, files, papers, processes, controls, and facilities bearing on 
whether or not a recombinant DNA activity is being conducted an- ac- 
cordance with the requirements of section 1Q2, 
The committee intends that inspections be carried out in as informal 
and unobtrusive manner as possible. The Secretary is encouraged to 
place most of the authority fqr local administration qf the -Act in 
the local biohazards committees. . Thus, it is Anticipated that- most 
inspections will be carried out by members or 'agents of mc^l bior: 
hazards committees, with direct agents .ojf, the Secretary performing 
inspections only in rare or unusual. circumstanes, such as reports; of 
repeated violations, problems yithin a local biohazards committee, or 
whero P-4 facilities were involved,! 
[Appendix B— 153] 
