[HISTORY: Adopted by the City Council of the City of Springfield 6-23-1993 (Title 5, Ch. 5.42, of the 1986 Code). Amendments noted where applicable.]
For the purpose of this chapter, the words set out in this section shall, unless the context otherwise requires, have the following meanings:
- Deoxyribonucleic acid.
- Any single individual, group of individuals, partnership, association, organization, corporation, educational institution or medical facility.
- The National Institutes of Health of the United States Department of Health and Human Services.
- NIH GUIDELINES
- The following:
- A. Guidelines for research involving recombinant DNA molecules promulgated by the NIH and found at 46 CFR 34463 through 34487, on July 1, 1981, as may be amended by the NIH.
- B. Recombinant DNA research physical containment recommendations for large-scale uses of organisms containing recombinant DNA molecules (NIH large-scale recommendations) promulgated by the NIH and found at 45 CFR 24968 through 24971, on April 11, 1980, as may be amended by the NIH.
- RECOMBINANT DNA or RECOMBINANT DNA MOLECULES (RDNA)
This chapter shall apply to all institutions of the City of Springfield which experiment with or use RDNA technology.
RDNA use classified by NIH guidelines as requiring a P4 level of containment shall be prohibited in the City of Springfield.
All use of RDNA by institutions in the City of Springfield shall be undertaken only in conformity with current and applicable NIH or by any successor agency.
Each institution in the City of Springfield which experiments with or uses RDNA technology shall comply with the administrative practices as set forth in the NIH guidelines, including but not limited to the following:
The establishment of an institutional biosafety committee (IBC) which shall contain seven members as follows:
The Commissioner of Public Health, who shall serve as Chairman;
The Chairman of the Public Health Council or his/her alternate;
One member of the neighborhood council from the area affected by the institution (to be selected by the Mayor);
Two members of the institution;
One person not affiliated with the institution, representing the interests of the community as to health and environment; and
The chairman of the local emergency planning committee.
The nonaffiliated representatives on the IBC shall be bound by the same rules prohibiting use and disclosure of proprietary information and trade secrets as other members of the IBC.
The IBC shall establish a set of rules and administrative procedures governing its operation in accordance with the NIH guidelines.
The provision of safety plans and manuals, which shall be subject to the approval of the IBC.
The provision of proper training and appropriate safeguards and procedures for minimizing potential environmental and personal exposure.
If the institution is engaged in RDNA research at the P3 containment level, it shall appoint a biological safety officer, who shall be a member of the IBC.
If the institution is engaged in RDNA use on a "large scale" (as defined in the NIH large-scale recommendations), compliance with all additional administrative requirements contained in the NIH large-scale recommendations.
No institution may engage in RDNA technology in the City of Springfield without a permit to do so, issued by the Health Department.
Such permit shall be issued upon certification by the IBC to the Commissioner of Public Health or his designee that the institution is in compliance with the provisions of this chapter and the NIH guidelines. No other special permit or certification shall be required; provided, however, that the IBC shall, every six months, renew the certification that the institution is in compliance with this chapter and the NIH guidelines.
Anyone aggrieved by a final decision of the Health Department to deny or to grant a permit may seek relief in any court of competent jurisdiction, as provided by the laws of this commonwealth.
The Department of Public Health shall inspect at least annually each institution holding such a permit to ensure compliance with the provisions of this chapter and the NIH guidelines.
The Commissioner of Public Health or his designee may require from an institution such information and data as are necessary to ensure compliance with this chapter.
All institutes employing RDNA technology within the City of Springfield shall provide appropriate medical and environmental surveillance programs in accordance with the NIH guidelines and which have been reviewed by the Springfield Conservation Commission and the Springfield Department of Public Works.
The environmental surveillance program shall include a plan for the systematic monitoring of waste to ensure that recombinant organisms will not be released into the environment.
The environmental surveillance program shall include a plan to train representatives of the Department of Public Health, the Fire Department, the Police Department and the Office of Emergency Preparedness in the procedures to be used in the event of an emergency.
Any release into the environment of recombinant organisms posing a threat to public health shall be immediately reported to the Commissioner of the Department of Public Health or his designee.
Any person or institution who or which violates any provisions of this chapter shall be punishable by a fine of up to $300 for each separate violation.
Once a permit has been issued, it may be revoked, suspended or modified by the Commissioner only upon a determination, after due notice and hearing, that the institution has materially failed to comply with this chapter or NIH guidelines.
Enforcement of this chapter shall be the duty of the Department of Public Health of the City of Springfield.