[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR73.8]



[Page 446]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 73_SELECT AGENTS AND TOXINS--Table of Contents

 

Sec.  73.8  Denial, revocation, or suspension of registration.



    (a) An application may be denied or a certificate of registration 

revoked or suspended if:

    (1) The individual or entity, the Responsible Official, or an 

individual who owns or controls the entity is within any of the 

categories described in 18 U.S.C. 175b,

    (2) The individual or entity, the Responsible Official, or an 

individual who owns or controls the entity as reasonably suspected by 

any Federal law enforcement or intelligence agency of:

    (i) Committing a crime specified in 18 U.S.C. 2332b(g)(5),

    (ii) Knowing involvement with an organization that engages in 

domestic or international terrorism (as defined in 18 U.S.C. 2331) or 

with any other organization that engages in intentional crimes of 

violence, or

    (iii) Being an agent of a foreign power (as defined in 50 U.S.C. 

1801).

    (3) The individual or entity does not meet the requirements of this 

part, or

    (4) It is determined that such action is necessary to protect public 

health and safety.

    (b) Upon revocation or suspension of a certificate of registration, 

the individual or entity must:

    (1) Immediately stop all use of each select agent or toxin covered 

by the revocation or suspension order,

    (2) Immediately safeguard and secure each select agent or toxin 

covered by the revocation or suspension order from theft, loss, or 

release, and

    (3) Comply with all disposition instructions issued by the HHS 

Secretary for the select agent or toxin covered by the revocation or 

suspension.

    (c) Denial of an application for registration and revocation of 

registration may be appealed under Sec.  73.20. However, any denial of 

an application for registration or revocation of a certificate of 

registration will remain in effect until a final agency decision has 

been rendered.