Re: [DIYbio] Re: Help for thesis: american law regulating research

See in-line responses below.

On Fri, Jan 31, 2014 at 2:26 PM, Eni Idea <eni.idea4@gmail.com> wrote:
> Okay, but still I don't really get it...;)
> So, you say you can almost do anyhting you want ..you mean at home?

Yes, almost anything, except the exceptions. Because the government
has a strong State level presence, meaning sometimes State laws can
supersede Federal law, laws and their enforcement vary throughout the
country. Then there are counties, towns, villages, cities. All can
have laws, but generally these cannot supersede State or Federal (i.e.
reduce restrictions), only add restrictions.

This article looks pretty good upon first glance, zoning and
home-business are keywords here (just because :
"Is Your Home Zoned for Business?"
http://www.entrepreneur.com/article/68844

"Types of Zoning"
http://realestate.findlaw.com/land-use-laws/types-of-zoning.html


> One of
> the most important things is: is there, e. g., a special agency that really
> has control over your work?

Only if you start breaking laws do agencies get specific, or a certain
locality has a law saying you need to have permission. There are
Federal laws about Animal welfare, but even this depends on the
Zoning, i.e. if you're technically a farm things can be different.
This would be handled by the USDA, who also handles GMO plant stuff:
http://www.aphis.usda.gov/about_aphis/



> And are all guidelines (NIH; CDC; BMBL;) only recommendet or required if you
> don't research at an institution?

They are recommendations, period. Institutions follow them because
they're generally good recommendations, and they'll get sued for
negligence if something were to go wrong and they weren't following
industry-accepted best-practices that might have prevented the
accident.

The same would apply to an individual who was within their rights of
the law to perform experiments, if they screw up and were found to be
lazy with some safety mechanism, they'll likely be sued/jailed. Some
biotech/chemical companies break the law year after year, but simply
pay the fine since their profit is large enough. Sometimes these
companies eventually get taken to court to face shutdown if their
practices don't change, or they jail the CEO or whoever blame falls to
legally.

OSHA would also be a good research topic for you, but I think this
might only apply if you're paying someone to work:
https://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration#Health_and_safety_standards

> So let's say you want to establish a community lab, can you open a BSL 1 -
> lab without any registration and expertise or is there an agency for the
> autorisation process?

Maybe, a knowledgeable 'Agent' could be a local lawyer, or as the
entrepreneur.com article says "The first step is to call or visit your
local municipal building and ask to see copies of the ordinances that
apply to home occupations". (or other home/residential ordinances)

> Another question: you mentioned city laws, are there really special laws for
> each bigger city and if so, what are they mostly about?

Yes, they vary by city and by region. The range of topics varies too,
anti-cloning, anti-guns, anti-explosives, anti-GMO, anti-nuclear. If
some group of people can convince the local population and achieve
majority vote, most anything can become a law. Some places pay you to
install rain-water capture barrels, others make it illegal, and it
depends on the property's zoning and extent of development:
http://blog.heritage.org/2012/08/07/when-it-rains-in-oregon-the-state-owns-the-raindrops/
www.naturalnews.com/029286_rainwater_collection_water.html

"Oregon graciously allows Oregonians to collect water from artificial
impervious surfaces (rooftops, parking lots, etc.) and feed it
directly into rain barrels."
"But if that water touches the ground, it is the property of the state
of Oregon, and you cannot collect it without a permit. Since Oregon
owns it, using it without permission would be a form of stealing."




See this *great* overview by Raymond:
http://chimera.labs.oreilly.com/books/1234000001995/ch07.html

"
Even in the US, there is a patchwork of regulations dependent on where
you live, although this is the exception rather than the rule. In
California, at the state level, human reproductive cloning is banned,
with a fine of $1 million levied for violations, making it
prohibitively expensive to raise a large clone army in the Golden
State. (Protip: Nevada does not even prohibit the use of state funds
for human cloning, borders California, and the available huge tracts
of desert land may be more suitable for a secret underground lair.)
Note that most of these laws have monetary fines rather than criminal
penalties. A few federal regulations exist, but most of these also
lack criminal teeth. They use the carrot of federal funding to enforce
experimental standards or restrictions. Bans on funding for
reproductive human cloning and the reversed ban on using particular
cell lines for stem cell research are good examples of using funding
carrots to enforce limits on research.
"

"
What will probably have more impact on you is where you interface with
your local utilities and services infrastructure. Most local
governments (at the city, county, or water district level) have
regulations about what's OK to dump down the sewer or throw in the
trash. What is hazardous, and how do you dispose of it? The short
answer is: if you'd be uncomfortable spilling it on your dining room
table, don't just flush it or throw it away. Check with your local
water and trash authorities about the best way to proceed. For
instance, most water authorities require that residential wastewater
result from basic activities like washing and not contain hazardous
waste. Specific restrictions may include things like allowable range
of pH, anything that can catch on fire, materials that might cause
obstructions, and even the color of the water.
"
"
Finally, in the US, the last resort when people are hurt or property
is damaged is often hiring a lawyer and suing someone. If you burn
down your apartment building, it really doesn't matter if it's from a
lamp you badly rewired or if you left an alcohol lamp
burning--something you could have prevented burnt several homes to the
ground, and you may be liable.
"

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