25 
hours of the laboratory and may extend only to relevant things beard- 
ing on whether the laboratory is being operated in compliance with 
national standards. Further, upon completion of the inspection, the 
inspector is to provide a preliminary report Summarizing indications 
of violations, and, within 30 days of the completion of the inspection, 
a written final report of the findings is to be prepared and sent to the 
person in charge of the laboratory; Third, it is obvious that absent 
inspection, it would be impossible to determine whether the national 
standards truly were being met. . 
Obviously, the fourth consideration — history of extensive Federal 
or State regulation — is a test that cannot be met. However, it is not as 
if the field has long been an unregulated one since the state of the art 
is so new. In any event, the potentially hazardous conditions of em- 
ployment in a recombinant DNA laboratory and the potential danger 
of recombinant DNA itself certainly justify warrantless administra- 
tive inspections in this case. See Y oughiogheny & Ohio Coal Co. v. 
Morton. , 364 F. Supp. 45 (S.D. Ohio, 1973) and United States ex. rel. 
Terracizno v. Montanye , 493 F. 2d 682 (2d Cir.) , cert, denied 419 U.S. 
475 (1974). 
105(b). Samples 
This subsection requires that any samples of recombinant DNA or 
related materials be provided at the request of an inspector, to deter- 
mine if the requirements of sections 472, 474, and 475 are being com- 
plied with. In general, this section would be exercised only to inde- 
pendently test strains of plasmids, viruses, bacteria, or cell lines to 
make sure that they were not contaminated. It could, however, be 
used to test for certain requirements of biological containment, speci- 
fied for certain recombinant DNA activities. 
105(c). Detention of material 
Inspectors may seize and impound any recombinant DNA or related 
material believed to present a significant risk to health or the en- 
vironment. They may do this unilaterally at their own discretion. 
However, the period of detention may generally not exceed 20 days, 
although the Secretary may grant an additional ten day detention 
period if required to institute an action for seizure or destruction 
under section 104(b). Such material may be moved from its place of 
detention only if released by the Secretary or the expiration of the 
applicable detention period, or, of course, as the result of a court 
order under section 104(b). Since such biological materials are gen- 
erally perishable and frequently unstable, it is the intent of the com- 
mittee that every effort should be made to store any such detained 
material in a way so as to preserve its chemical, biological, and physi- 
cal properties to as great an extent as possible, until such time as 
the material is returned to its owner or original use, or permanently 
seized or destroyed under a court order. 
105(d). Waiver of search warrants 
No individual designated as an inspector is required to obtain a 
search warrant before entering any facility, conveyance or real prop- 
erty. It is expected that inspections will be conducted in as non-destruc- 
tive a way as possible with the cooperation of those involved with 
recombinant DNA activities. However, should an inspector be refused 
entry (an act prohibited by section 103(a) (3) (C) ), a search warrant 
[Appendix B — 155] 
