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4420.0020 APPLICABILITY OF RULES.

Subpart 1.

Release permit required.

A release permit is required for all releases of genetically engineered organisms except as provided in parts 4420.0070, subpart 3; 4420.0075; and 4420.0080, and Minnesota Statutes, section 116C.94, paragraph (c).

Subp. 2.

Containment facility.

The use of a genetically engineered organism in a containment facility is not a release and does not require a release permit.

Subp. 3.

Facility exemption.

The use of a genetically engineered organism in a facility that does not meet the requirements of a containment facility but has been found by the board to provide adequate containment for the specific use proposed is not a release and does not require a release permit.

Subp. 4.

Containment determined by another agency.

The use of a genetically engineered organism in a facility that does not meet the requirements of a containment facility but has been found, by an agency with a significant environmental permit and the authority under law to determine adequate containment, to provide adequate containment for the specific use proposed is not a release and does not require a release permit.

Subp. 5.

Use of genetically engineered organisms after August 3, 1992.

After August 3, 1992, any person who proposes to use a genetically engineered organism must comply with this chapter.

Subp. 6.

1992 exemption.

Any person who by July 1, 1992, has received a declaration of no potential for significant environmental effects from the Minnesota Department of Agriculture for a proposed release or who has had prepared an environmental assessment worksheet by the Minnesota Department of Agriculture for a proposed release need not comply with this chapter for the proposed release in calendar year 1992.

Subp. 7.

Exemptions for licensed animal vaccines.

Chapter 4410 and this chapter do not apply to any animal vaccine containing a genetically engineered organism that has received a license from the United States Department of Agriculture prior to January 1, 1992, and any person may utilize such licensed product without a release permit.

Statutory Authority:

MS s 116C.94

History:

17 SR 139

Published Electronically:

August 21, 2007

Official Publication of the State of Minnesota
Revisor of Statutes