[Code of Federal Regulations]

[Title 7, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 7CFR331.10]



[Page 482]

 

                          TITLE 7--AGRICULTURE

 

 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 

                               AGRICULTURE

 

PART 331_POSSESSION, USE, AND TRANSFER OF SELECT AGENTS AND TOXINS--Table 

of Contents

 

Sec. 331.10  Restricting access to select agents and toxins; security 

risk assessments.



    (a) An individual or entity required to register under this part may 

not provide an individual access to a select agent or toxin, and an 

individual may not access a select agent or toxin, unless the individual 

is approved by the Administrator or the HHS Secretary following a 

security risk assessment by the Attorney General.

    (b) An individual will be deemed to have access at any point in time 

if the individual has possession of a select agent or toxin (e.g., 

carries, uses, or manipulates) or the ability to gain possession of a 

select agent or toxin.

    (c) Each individual with access to select agents or toxins must have 

the appropriate education, training, and/or experience to handle or use 

such agents or toxins.

    (d) To apply for access approval, each individual must submit the 

information necessary to conduct a security risk assessment to the 

Attorney General.

    (e) An individual's security risk assessment may be expedited upon 

written request by the responsible official and a showing of good cause 

(e.g., agricultural emergencies, national security, or a short-term 

visit by a prominent researcher). A written decision granting or denying 

the request will be issued.

    (f) An individual's access approval may be denied, limited, or 

revoked if:

    (1) The individual is within any of the categories described in 18 

U.S.C. 175b;

    (2) The individual is reasonably suspected by any Federal law 

enforcement or intelligence agency of committing a crime set forth in 18 

U.S.C. 2332b(g)(5); 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 being an agent of a foreign power as defined in 50 

U.S.C. 1801; or

    (3) It is determined that such action is necessary to protect plant 

health or plant products.

    (g) An individual may appeal the Administrator's decision to deny, 

limit, or revoke access approval under Sec. 331.20.

    (h) Access approval is valid for a maximum of 5 years.

    (i) The responsible official must immediately notify APHIS or CDC 

when an individual's access to select agents or toxins is terminated by 

the entity and the reasons therefore.