All activities associated with constructing and/or propagating recombinant DNA (rDNA) molecules and organisms and viruses containing rDNA molecules within the Town of Lexington shall be performed in strict accordance with these regulations and with the NIH Guidelines as defined in §
155-34 below. The regulations shall govern where they differ from the Guidelines. These regulations do not apply to finished products which contain rDNA molecules and which have been approved by other government regulatory agencies for medical or other purposes.
For the purpose of these regulations, the following
definitions are adopted:
GUIDELINES
A.
The most recent version and any additional approvals
of the National Institutes of Health Guidelines for Research Involving
Recombinant DNA Molecules published in the Federal Register.
B.
In the event that the National Institutes of
Health shall discontinue or abolish their guidelines, those guidelines
in effect and approved by the Board of Health at the time of such
discontinuance shall remain in effect.
LARGE SCALE
The use of more than 10 liters but less than 5,000 liters
of rDNA culture.
The salaries and expenses paid by the Town for
inspections, reviews, staff and consultants for work directly related
to carrying out the requirements of these regulations shall be assessed
to the institutions holding permits under these regulations. An accounting
of these costs will be furnished annually to each institution.
Each part of these regulations is construed
as separate to the end that if any section, item, sentence, clause
or phrase is held invalid for any reason, the remainder of these regulations
shall continue in full force and effect.
The Board of Health may vary the application
of any provision of these regulations with respect to any particular
case when, in its opinion, the enforcement thereof would do manifest
injustice, provided that the decision of the Board of Health is not
in conflict with the spirit of these standards. Any variance granted
by the Board of Health must be in writing with a copy available to
the public at all reasonable hours in the office of the Town Clerk
and in the office of the Board of Health.