This Division applies if:
(a) an entity (the initial tester ) that operates a laboratory (the initial testing laboratory ) has tested a biological agent in the initial testing laboratory to determine the identity of the biological agent; and
(b) on the basis of that testing, the initial tester forms a reasonable suspicion (but is not certain) that the biological agent is a security - sensitive biological agent; and
(c) the initial tester is not an exempt entity.