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shah wet apply with respc et to any acti o n taken by the 
S e er e f -a r y nn4ee this tetka 
PEOI1IBITED ACTS AND PENALTIES 
Sec. 103. (a) No person may — 
(1) conduct any recombinant DNA activity in 
violation of any applicable requirement of section 102; 
(2) move in violation of an order issued under 
section 105 (c) any recombinant DNA or any other 
material subject to such order; or 
( 3 ) fail or refuse to — 
(A) establish or maintain records, 
(B) make reports or provide information, or 
(C) permit entry or inspection, 
as required by this Act title or any regulation promul- 
gated under this Aet title. 
(b) (1) Any person who violates subsection (a) shall 
be liable to the United States for a civil penalty in an amount 
not to exceed $5,000 for each such violation. Each day such 
a violation continues shall, for purposes of this paragraph, 
constitute a separate violation of subsection (a) . 
(2) A civil penalty for a violation of subsection (a) 
[shall] may be assessed by the Secretary by an order made 
on the record after opportunity (provided in accordance with 
this subsection) for a hearing in accordance with section 554 
of title 5, United States Code. Before issuing such an order, 
[Appendix B — 228] 
