[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR121.16]

[Page 778]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 121_POSSESSION, USE, AND TRANSFER OF SELECT AGENTS AND TOXINS--Table 
of Contents
 
Sec. 121.16  Transfers.

    (a) Except as provided in paragraphs (c) and (d) of this section, a 
select agent or toxin may only be transferred to individuals or entities 
registered to possess, use, or transfer that agent or toxin. A select 
agent or toxin may only be transferred under the conditions of this 
section and must be authorized by APHIS or CDC prior to the 
transfer.\13\
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    \13\ The requirements of this section do not apply to transfers 
within a registered entity (i.e., the sender and the recipient are 
covered by the same certificate of registration).
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    (b) In addition to any permit required under part 122 of this 
subchapter, a transfer may be authorized if:
    (1) The sender:
    (i) Has at the time of transfer a certificate of registration that 
covers the particular select agent or toxin to be transferred and meets 
all the requirements of this part;
    (ii) Meets the exemption requirements for the particular select 
agent or toxin to be transferred; or
    (iii) Is transferring the select agent or toxin from outside of the 
United States and meets all import requirements.
    (2) At the time of transfer, the recipient has a certificate of 
registration that includes the particular select agent or toxin to be 
transferred and meets all of the requirements of this part.
    (c) A select agent or toxin that is contained in a specimen for 
proficiency testing may be transferred without prior authorization from 
APHIS or CDC provided that, at least 7 calendar days prior to the 
transfer, the sender reports to APHIS or CDC the select agent or toxin 
to be transferred and the name and address of the recipient.
    (d) On a case-by-case basis, the Administrator may authorize a 
transfer of a select agent or toxin not otherwise eligible for transfer 
under this part under conditions prescribed by the Administrator.
    (e) To obtain authorization for a transfer, APHIS/CDC Form 2 must be 
submitted.
    (f) The recipient must submit a completed APHIS/CDC Form 2 within 2 
business days of receipt of a select agent or toxin.
    (g) The recipient must immediately notify APHIS or CDC if the select 
agent or toxin has not been received within 48 hours after the expected 
delivery time or if the package containing the select agent or toxin has 
been damaged to the extent that a release of the select agent or toxin 
may have occurred.
    (h) An authorization for a transfer shall be valid only for 30 
calendar days after issuance, except that such an authorization becomes 
immediately null and void if any facts supporting the authorization 
change (e.g., change in the certificate of registration for the sender 
or recipient, change in the application for transfer).
    (i) The sender must comply with all applicable laws governing 
packaging and shipping.