[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: 7CFR331.16]



[Page 485-486]

 

                          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. 331.16  Transfers.



    (a) Except as provided in paragraph (c) of this section, a select 

agent or toxin may only be transferred to an individual or entity 

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.\8\

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    \8\ 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 330 of this 

chapter, 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) 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.

    (d) To obtain authorization for a transfer, APHIS/CDC Form 2 must be 

submitted.

    (e) The recipient must submit a completed APHIS/CDC Form 2 within 2 

business days of receipt of a select agent or toxin.

    (f) 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.

    (g) 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



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certificate of registration for the sender or recipient, change in the 

application for transfer).

    (h) The sender must comply with all applicable laws governing 

packaging and shipping.