9 
Injunction authority — emergency procedure ( section 10 If) 
Section 104(a) confers upon U.S. district courts the jurisdiction 
over civil actions to restrain violations of section 103(a). Such ac- 
tions are to be brought in the judicial district where the violation oc- 
curred or where the defendant transacts business. In such actions, 
process may be served on defendants and subpoenas served in any 
judicial district. 
Section 104(b) confers upon U.S. district courts jurisdiction over 
civil actions for (1) the seizure or destruction of recombinant DNA, 
or material used in recombinant DNA activity, which was involved 
in a violation of section 103(a) or which presents or may present a 
significant risk to health or the environment or (2) any other appro- 
priate relief to prevent the production or movement of such recom- 
binant DNA or material. Such actions are to be brought in the 
judicial district in which the recombinant DNA or material is found. 
Inspections ( section 105 ) 
Section 105(a) authorizes individuals designated as inspectors by 
the Secretary for purposes of enforcement of the requirements of 
section 102 to enter and inspect any place in which a recombinant 
DNA activity is being conducted or in which the inspector has reason- 
able grounds to believe such an activity is being conducted. Such an 
inspection is to be conducted during normal business hours (if any) 
of the place, and may extend to all things in the place bearing on 
whether the activity is being conducted in accordance with the ap- 
plicable requirements. Before entering a place, an inspector is to 
present appropriate credentials and a written notice to the person 
in charge and clearly inform such person of his authority. Upon 
competition of any inspection, the inspector is to provide the person 
in charge with a preliminary report summarizing any condition or 
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 
[Appendix B — 197] 
