§ 3222. Certification.
1.One hundred eighty days after the effective\ndate of this article, no individual shall engage in a recombinant DNA\nactivity unless such individual has been issued a certificate by the\ncommissioner or such individual is affiliated with and is acting under\nthe direction of and in a facility controlled by a person who has been\nissued such a certificate.\n 2. Within one hundred eighty days of the effective date of this\narticle, the commissioner shall prescribe regulations for the conduct of\nrecombinant DNA activity which shall be the substantial equivalent of\nsections II (entitled "containment") and III (entitled "experimental\nguidelines") of the recombinant DNA research guidelines of the National\nInstitutes of Health of the Department of Health, Education
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§ 3222. Certification. 1. One hundred eighty days after the effective\ndate of this article, no individual shall engage in a recombinant DNA\nactivity unless such individual has been issued a certificate by the\ncommissioner or such individual is affiliated with and is acting under\nthe direction of and in a facility controlled by a person who has been\nissued such a certificate.\n 2. Within one hundred eighty days of the effective date of this\narticle, the commissioner shall prescribe regulations for the conduct of\nrecombinant DNA activity which shall be the substantial equivalent of\nsections II (entitled "containment") and III (entitled "experimental\nguidelines") of the recombinant DNA research guidelines of the National\nInstitutes of Health of the Department of Health, Education and Welfare\npublished in part II of the Federal Register for July seventh, nineteen\nhundred seventy-six. If the National Institutes of Health guidelines are\nrevised, the commissioner shall revise the regulations for the conduct\nof recombinant DNA activity accordingly.\n 3. Within one hundred eighty days of the effective date of this\narticle the commissioner shall prescribe regulations for the:\n (a) training and qualifications for individuals engaging in\nrecombinant DNA activities;\n (b) personnel health monitoring programs;\n (c) establishment of institutional committees to oversee such\nactivities; and\n (d) periodic reports of the progress of such activities.\n Regulations adopted pursuant to this section shall be reviewed\nperiodically by the commissioner in light of current scientific\nknowledge to determine their continued adequacy and appropriateness.\n 4. The commissioner shall by regulation, establish procedures for\napplication for a certificate to conduct recombinant DNA activity. All\nproprietary information in applications or reports to the department by\npersons certified pursuant to this section, not available to the public\nor protected by a patent or copyright, shall be kept confidential.\n 5. The commissioner may approve or deny an application for a\ncertificate to engage in recombinant DNA activity or may approve it upon\nsuch conditions as he shall prescribe.\n 6. The commissioner by regulation may prescribe reasonable fees for\ncertification, not exceeding the cost of administrative services\nrendered by the department.\n 7. The commissioner shall, by regulation, provide for an abbreviated\ncertification process for the conduct of recombinant DNA activity which\nis subject to, and which is in compliance with, policies and regulations\npromulgated by any agency of the federal government for the regulation\nof recombinant DNA activity.\n 8. No local authority shall enact or enforce any local law, ordinance,\nrule or regulation which would regulate or restrict recombinant DNA\nactivity. Further, no local authority shall enact or duplicate any\nprovision of this article as local law, ordinance, rule or regulation.\n