[Code of Federal Regulations]
[Title 42, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR73.14]

[Page 455-456]
 
                         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. 73.14  Transfers.

    A select agent or toxin may not be transferred from one entity to 
another entity within the United States (regardless of whether the 
transfer is interstate or intrastate), or received by an entity in the 
United States from an entity outside the United States, unless:
    (a) The sender:
    (1) Has a certificate of registration that covers the transfer of 
the particular select agent or toxin to be transferred,
    (2) Meets the exemption requirements under Sec. 73.6 (a) for the 
particular select agent or toxin to be transferred, or
    (3) Is transferring the select agent or toxin from outside the 
United States (and all import requirements are met);
    (b) The recipient has a certificate of registration that includes 
the particular select agent or toxin to be transferred;
    (c) Prior to the transfer, the recipient and sender completes CDC 
Form EA-101, and the recipient submits to the HHS Secretary in 
accordance with Sec. 73.21 a completed CDC Form EA-101.
    (d) CDC has authorized the transfer based on the finding that the 
recipient has a certificate of registration covering the transfer of the 
select agent or toxin;
    (e) The sender complies with all applicable laws concerning 
packaging and shipping;
    (f) The Responsible Official of the recipient provides a completed 
paper copy or facsimile transmission of CDC Form EA-101 to the sender 
and to the HHS Secretary within 2 business days

[[Page 456]]

of receipt of the select agent or toxin; and
    (g) The recipient immediately reports to the HHS Secretary if the 
select agent or toxin has not been received within 48 hours after the 
expected delivery time, or if the package received containing select 
agents or toxins has been leaking or was otherwise damaged.
    (h) When the select agents or toxins are consumed or destroyed after 
a transfer, the recipient must within five business days report such 
fact to the HHS Secretary in accordance with Sec. 73.21 on a CDC Form 
EA-101.
    Note to Sec. 73.14: This section does not cover transfers within an 
entity when the sender and the recipient are covered by the same 
certificate of registration.