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On and after September 1, 1969, no person shall in any year keep a shop for the barter, rental or sale of printed matter or motion picture film if such shop is not open to the public generally but only to one or more classes of the public excluding minors under 18 years of age unless in such year or in the preceding December for such year such person has registered with the City Clerk as provided in Subsection 17-8.2 and the number assigned to him or her upon such registration is clearly and conspicuously imprinted on all printed matter and motion picture films in such shop; nor shall any person keeping a shop for the barter, rental or sale of printed matter or motion picture film in any year keep a part of his or her stock segregated as available only to one or more classes of the public excluding minors under 18 years of age unless in such year or in the preceding December for such year such person has registered with the City Clerk as provided in Subsection 17-8.2 and the number assigned to him or her upon such registration is clearly and conspicuously imprinted on all printed matter and motion picture films constituting a part of the stock so segregated; nor shall any person in any year at any place in the city, barter, rent or sell, or offer for barter, rental or sale, any printed matter or motion picture film bearing a legend restricting it to adults only or to one or more classes of the public excluding minors under 18 years of age unless in such year or in the preceding December for such year such person has registered with the City Clerk as provided in Subsection 17-5.2 and the number assigned to him or her upon such registration is clearly and conspicuously imprinted on such printed matter or motion picture film.
(Rev. Ord. 1961 (Sup. 1971) c. 28 § 23A; CBC 1975 Ord. T14 § 423; CBC 1985 17-8.1) Penalty, see Subsection 17-8.3
Editor’s note:
This Section and the following two were held unconstitutional in Broadway Distributors, Inc. v. White, 307 F. Supp. 1180 (D. Mass. 1970).
(A) Any person desiring that a registration number be assigned to him or her for the purpose of Subsection 17-8.1 shall make application therefor to the City Clerk in a writing setting forth:
(1) His or her name and place of residence;
(2) The address of such shop or place;
(3) The names and places of residence of all persons having a financial interest in the business; and
(4) The names and business addresses of all persons supplying the printed matter or motion picture film to be offered for barter, rental or sale.
(B) Any person making application as aforesaid shall, from time to time, during the year as circumstances change file supplementary writings with the City Clerk setting forth such changes. Unless, subsequent to the effective date of Subsection 17-8.1, the applicant has violated M.G.L. Chapter 272, Section 28 and been finally adjudged guilty of such violation, the City Clerk shall assign to the applicant a registration number.
(Rev. Ord. 1961 (Sup. 1971) c. 28 § 23B; CBC 1975 Ord. T14 § 424; CBC 1985 17-8.2) Penalty, see Subsection 17-8.3
Cross-reference:
M.G.L. Chapter 272, Section 28; See note above
Whoever violates any provision of Subsection 17-8.1 or whoever makes a false or fraudulent representation in making an application under Subsection 17-8.2, or whoever neglects or fails to file supplementary writings as required by Subsection 17-8.2 shall be subject to a fine of $50 for each day on which such violation occurs or during which such violation continues.
(Rev. Ord. 1961 (Sup. 1971) c. 28 § 23C; CBC 1975 Ord. T14, § 425; CBC 1985 17-8.3)
Editor’s note:
See note above.
(A) Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GUIDELINES.
(a) National Institutes of Health Guidelines for Research Involving Recombinant DNA molecules as published in the Federal Register of November 21, 1980.
(b) National Institute of Health Physical Containment Recommendations for large-scale use of organisms containing Recombinant DNA molecules as published in the Federal Register on April 11, 1980.
(c) Administrative Practices Supplement to NIH Guidelines for Research involving Recombinant DNA molecules as issued by the Office of Recombinant DNA Activities, November, 1980.
(d) Such amendments to divisions (a), (b) and (c) above which are adopted by NIH and approved by the Commissioner. Amendments not acted upon by the Commissioner within 60 days shall be considered approved.
INSTITUTION. Any single individual, group of individuals or organization.
RECOMBINANT DNA MOLECULES (RDNA) and ORGANISMS AND VIRUSES CONTAINING RDNA. As defined in the National Institutes of Health Guidelines promulgated in the Federal Register on November 21, 1980, and such amendments thereto as may be approved by the Commissioner of Health and Hospitals (“Commissioner”). Amendments not acted upon by the Commissioner within 60 days shall be considered approved.
(B) Purpose. All use of RDNA by institutions in the city shall be undertaken only in strict conformity with the “Guidelines”, as defined in division (A) above, and in conformity with such other health regulations as the Board of Health and Hospitals (Board) may, from time to time, promulgate or administrative practices which the Commissioner may, from time to time, require.
(C) Boston Biohazards Committee.
(1) A Boston Biohazards Committee (“BBC”) shall be established within 30 days of the time of passage of this Section for the purpose of overseeing all use of RDNA within the city and of advising the Commissioner and the Board, all in accordance with the powers and the duties assumed pursuant to Subsection 17-9.3.
(2) The BBC shall be composed of seven members, one of whom shall be the Commissioner, or his or her designee, who shall serve as Chair; two of whom shall be residents of neighborhoods which are or may be impacted by RDNA research or technology; one of whom shall be a scientist knowledgeable in the field of RDNA research or technology; and three of whom shall assure representation from the fields of public health, occupational health and infectious diseases. Members shall be appointed by the Mayor, subject to confirmation by the Boston City Council, except for the two community representatives. Each neighborhood impacted by RDNA research or production may nominate a delegate to attend and participate in meetings of the BBC. The Commissioner shall arrange with an established community group in each such neighborhood to conduct an election, at no cost to the city, to nominate such delegates. Neighborhood delegates will arrange among themselves at the first meeting of the BBC in each year which delegates shall hold the voting memberships provided in this Section. The members as appointed by the Mayor shall serve for terms of three years, except that one member initially appointed to represent a neighborhood which is or may be impacted by RDNA research or technology and one member initially appointed to assure representation from the fields of public health, occupational health or infectious disease shall be initially appointed for terms of two years; and the other two members initially appointed to assure representation from the fields of public health, occupational health or infectious disease shall be initially appointed for terms of one year. Persons appointed by the Mayor to fill vacancies shall serve for the unexpired term of said vacancy. Appointments not acted upon by the Boston City Council shall automatically take effect after 21 days.
(3) Upon the request of the BBC, the Commissioner shall make available competent professional assistance to assist the BBC in carrying out its duties under this Section.
(D) Permit requirements.
(1) All institutions proposing to use RDNA must obtain a permit from the Board which must be renewed annually. Permit requirements shall, at minimum, include written agreement to:
(a) Following the “Guidelines” as defined in Subsection 17-9.1;
(b) Follow other conditions as set forth in this Section;
(c) Allow inspections, at reasonable times, of facilities and pertinent records;
(d) Prepare a Health and Safety Manual which contains all procedures relevant to the use of RDNA at all levels of containments at use at the institution;
(e) Establish a training program of safeguards and procedures for personnel using RDNA; and
(f) Submit, to the BBC, for approval by the Commissioner, a plan for the systematic monitoring of research and production waste to assure that surviving RDNA organisms are not released into the environment. Said plan shall include provisions that no surviving RDNA organisms are released into the city’s sewerage system.
(2) Applications for permits must be acted upon within 60 days, unless such applications involve physical containment defined by the “Guidelines” as “P2” or “P3” or are defined by the “Guidelines” as “large scale” activities, in which case applications must be acted upon within 90 days. Failure to act within such time period shall constitute an approval.
(3) Any institution which has not commenced RDNA activity as of the effective date of this Section may not proceed until a permit is issued. All other institutions must apply for such permits within 60 days of the effective date of this Section.
(E) The Institutional Biosafety Committees (“IBCs”), shall be established in accordance with the “Guidelines”, except that the required composition of the committees shall include at least one representative of the local community approved by the Commissioner and at least one non-doctoral person from the laboratory technical staff.
(F) The Commissioner may require the forwarding of minutes of IBC meetings and may also require the filing of regular reports, all in a manner to be determined by him or her. To the extent IBC minutes may contain trade secrets or proprietary information the Commissioner and the Institution shall develop procedures for assuring confidentiality.
(G) Institutions using RDNA shall perform adequate screening to ensure the purity of the strain of host organisms used in the experiments and shall test organisms resulting from such experiments for their resistance to commonly used therapeutic antibiotics.
(H) (1) All institutions using RDNA shall provide an appropriate medical surveillance program as determined by their IBC for all persons engaged in the use of RDNA. Such programs must be submitted to and approved by the Commissioner and shall include, but shall not necessarily be limited to:
(a) A medical examination for employees prior to their employment in a laboratory or area engaged in RDNA research or technology;
(b) Prompt reporting of significant or potentially related employee illnesses to their IBC; and
(c) Retention of medical and health records for a period of time to be determined by the Commissioner.
(2) The Commissioner, with the advice and recommendations of the BBC, may set minimum standards for medical examinations, employee illness reporting and medical and health records, and may likewise require, for specified levels of physical containment or large-scale use, the taking of serum samples at the time of employment and their maintenance to permit future testing. The Commissioner and the institution shall develop procedures to assure that the confidentiality of employee health and medical records are protected.
(I) The institution shall report within 30 days to the Commissioner and the BBC any significant problems with or violations of the “Guidelines” and any significant RDNA related accidents or illnesses.
(J) All areas in which RDNA is utilized shall be free of rodent and insect infestation.
(Ord. 1981 c. 12 § 1; CBC 1985 17-9.1) Penalty, see Subsection 17-9.6
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