[Code of Bylaws, § 8-16; Bylaws
Art. 7 § 1, 11-12-1940]
The duties of the board of health are hereby incorporated by
reference, inasmuch as they are completely set forth in the General
Laws of this commonwealth, with such adaptations as may be necessary
to meet local requirements.
[Code of Bylaws, § 8-17; Bylaws
Art. 7 § 2, 11-12-1940]
The board of health shall annually make a report to be printed
in the annual town report showing the statistics of the health and
sanitary conditions of the town, with recommendations for its improvement,
together with a statement of its work during the previous year. Such
report shall also contain a detailed statement of the amounts expended
by the board during the fiscal year.
[Code of Bylaws, § 8-18]
This article is enacted pursuant to the Home Rule Amendment
to the Massachusetts Constitution, Article LXXXIX, for the purpose
of protecting the health, safety, and general welfare of the inhabitants
of the town of Millbury, as well as the town's environmental quality,
from any potential adverse effects associated with the experimentation
with or the use of RDNA technology.
[Code of Bylaws, § 8-18, § 1; Bylaws Art. 14, 10-27-1992]
Means deoxyribonucleic acid.
Means any established organization or corporation which experiments
with or uses RDNA technology.
Means the following:
"Guidelines for Research Involving Recombinant DNA Molecules"
promulgated by the National Institute of Health (NIH) of the United
States Department of Health and Human Services and published in 46
F.R. 34463 through 34487 on July 1, 1981, and a revised "Guidelines
for Research Involving Recombinant DNA Molecules," published in the
Federal Register at 51 F.R. 16957 through 16985 on May 7, 1986, as
may be amended by the NIH; and
"Recombinant DNA Research: Physical Containment: Recommendations
for Large-Scale Uses of Organisms Containing Recombinant DNA Molecules"
(NIH Large-Scale Recommendations) promulgated by the National Institute
of Health of the United States Department of Health and Human Services
and published in 45 F.R. 24968 through 24971 on April 11, 1980, as
may be amended by the NIH.
Means any institution that is authorized by the Institutional
Biosafety Committee (IBC) and the Millbury board of health to experiment
with or use RDNA technology within the town of Millbury under MMC
2.70.080.
Means:
Means the town of Millbury.
[Code of Bylaws, § 8-18, § 2; Bylaws Art. 14, 10-27-1992]
This article shall apply to all institutions in the town of
Millbury, which experiment with or use RDNA technology.
[Code of Bylaws, § 8-18, § 4; Bylaws Art. 14, 10-27-1992]
All experiments with and uses of RDNA by institutions within
the town of Millbury shall be undertaken only in conformity with regulations
established herein and with current and applicable NIH Guidelines
as promulgated in the Federal Register and as may be amended from
time to time by the NIH or by any successor agency.
[Code of Bylaws, § 8-18, § 5; Bylaws Art. 14, 10-27-1992]
Each institution in the town of Millbury which experiments with
or uses RDNA technology shall comply with the administrative practices
set forth in the NIH Guidelines, including but not limited to the
following:
(a)
The
establishment of an institutional biosafety committee (IBC) which
shall contain at least five members, of whom at least two (but not
less than 20 percent) shall not be affiliated with the institution
and shall represent the interests of the town of Millbury, with respect
to health, safety, and welfare, and the protection of the environment.
One member of the board of health appointed by its membership shall
serve on said committee.
(1)
The IBC shall contain at least one representative from the institution's
biotech staff.
(2)
The nonaffiliated representatives on the IBC shall be appointed by
the board of selectmen, with notice to the board of health.
(3)
The nonaffiliated representatives on the IBC shall have backgrounds
in medicine, occupational health, engineering, public safety, environmental
sciences, or other similar disciplines.
(4)
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.
(5)
The IBC shall establish a set of rules and administrative procedures
governing its operations in accordance with NIH Guidelines.
(b)
The
provision of safety plans and manuals which shall be subject to the
approval of the IBC.
(c)
The
provision of proper training of personnel and appropriate operation
and management safeguards and procedures to eliminate potential environmental
and personal exposure to RDNA.
(d)
If
the institution is engaged in RDNA research at the PJ Level of Containment
or at Biosafety Level J as defined in the NIH Guidelines, a biological
safety officer, who shall be a member of the IBC, shall be appointed.
(e)
If
the institution is engaged in RDNA use on a large scale as defined
by the NIH Guidelines, all additional administrative requirements
contained in the NIH Large-Scale Recommendations shall be complied
with.
[Code of Bylaws, § 8-18, § 6; Bylaws Art. 14, 10-27-1992]
No institution shall experiment with or use RDNA technology
in the town without a currently valid permit from the board of health.
(a)
Such
permit shall be issued upon certification by the IBC to the board
of health and a separate finding of the board of health that the institution
is in compliance with the provisions of this bylaw and NIH Guidelines.
(b)
The
institution shall apply for a permit from the board of health on an
annual basis.
(c)
The
board of health shall inspect at least annually at each institution
holding such a permit to ensure compliance with the provisions of
this bylaw and the NIH Guidelines. The board of health reserves the
rights to select and contract with a certified health expert to determine
such compliance. The payment for these services will be the responsibility
of the institution.
(d)
The
board of health may require from an institution such information and
data as is necessary to ensure compliance with this article and NIH
Guidelines.
[Code of Bylaws, § 8-18, § 7; Bylaws Art. 14, 10-27-1992]
All institutions employing RDNA technology within the town of
Millbury shall provide appropriate medical and environmental surveillance
programs in accordance with the NIH Guidelines.
(a)
The
environmental surveillance program shall include a plan for the systematic
monitoring of waste to ensure that RDNA molecules shall not be released
into the environment or exposed to persons.
(b)
The
environmental surveillance program shall include a plan to train representatives
or consultants of the Millbury board of health, the Millbury fire
department, and the Millbury police department in the procedures to
be used in the event of an emergency.
(c)
Any
release into the environment or exposure to persons of RDNA, or any
significant problems with or violations of the NIH Guidelines or these
regulations, or any significant research-related accidents or illnesses,
shall be immediately reported to the Millbury police department, Millbury
fire department, and the Millbury board of health, or their designee.
[Code of Bylaws, § 8-18, § 8; Bylaws Art. 14, 10-27-1992]
Any person or institution that violates any provision of this
chapter shall be punished by a fine of not more than $300.00 for each
separate violation. Each day or portion thereof during which such
violation(s) continues shall constitute a separate offense.
[Code of Bylaws, § 8-18, § 9; Bylaws Art. 14, 10-27-1992]
Enforcement of this article shall be the duty of the board of
health. The board of health may also deem any violation of this article
to be a nuisance pursuant to M.G.L. ch. 111 and may take such actions
as it deems proper. In addition to any other penalties set forth herein,
the board of health, after notice to the permittee and an opportunity
for the permittee to be heard, may revoke, in whole or in part, any
permit granted hereunder if it finds that the permittee has violated
any of the provisions of this article.
