This page has been proofread, but needs to be validated.

waste or pathogen transportation.[1] Local officials did not permit Zhu to do so. Zhu also provided contact information for corporate officers, all of whom were in the PRC.[2]

C. April 21 and May 1, 2023 Inspections by County and State Officials

Fresno County public health officials inspected the premises on April 21, confirming and expanding on the prior findings.[3] “Fresno County Public Health staff observed biologicals stored and kept in hazardous and non-compliant conditions, the presence of multiple infectious agents (later confirmed by CDC) and pursuant to Title 17 California Code of Regulations Section 2500.”[4] Fresno County public health staff also “observed the 32 refrigerators and freezers. A number of these refrigerators and freezers had either stopped functioning or were failing due to an inadequate power supply.”[5]

The CDPH inspected the premises on May 1-2. In addition to the “32 refrigerators and freezers” containing apparent pathogens, “CDPH staff also observed several pieces of laboratory equipment, such as incubators and centrifuges.” Inside several freezers, CDPH “observed containers labeled as serum or plasma (of unknown origin) and/or with the name of an infectious agent. A substantial number of the containers were unlabeled and CDPH staff was unable to discern the contents of these containers.”[6] “Many of the indecipherable containers appeared to contain blood, or a blood product, such as serum, or other bodily fluids.”[7] CDPH did not inspect a -80C freezer and another freezer due to potentially dangerous biologicals stored within.[8] CDPH also observed a biohazardous waste container “shrink wrapped” (but not properly sealed) and other forms of biohazards throughout the Reedley Biolab.[9]

D. Abatement Action and Centers for Disease Control and Prevention (CDC) Response

Based on their initial observation in March 2023, local officials began to reach out to additional federal authorities for assistance. Local officials spent months repeatedly trying to obtain assistance from the CDC, both directly and through CDPH. According to local officials, the CDC refused to speak with them and, on a

  1. Id.
  2. Id.
  3. Id.
  4. Id.
  5. Id.
  6. Id.
  7. Id.
  8. Id.
  9. Id.