[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR121.8]

[Page 746-747]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 121_POSSESSION, USE, AND TRANSFER OF BIOLOGICAL AGENTS AND 
TOXINS--Table of Contents
 
Sec.  121.8  Denial, revocation, or suspension of registration.

    (a) APHIS may deny an application for registration or revoke 
registration if:
    (1) The Attorney General identifies the responsible official, 
entity, or individual who owns or controls the entity as within any of 
the categories described in 18 U.S.C. 175b; or
    (2) The Attorney General identifies the responsible official, 
entity, or individual who owns or controls the entity as reasonably 
suspected by any Federal law enforcement or intelligence agency of:
    (i) Committing a crime set forth in 18 U.S.C. 2332b(g)(5); or
    (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

[[Page 747]]

    (iii) Being an agent of a foreign power as defined in 50 U.S.C. 
1801; or
    (3) The responsible official does not have a lawful purpose to 
possess, use, or transfer agents or toxins listed in Sec.  121.3; or
    (4) The responsible official is an individual who handles or uses 
agents or toxins listed in Sec.  121.3 and he/she does not have the 
necessary training or skills to handle such agents or toxins; or
    (5) The entity does not meet the biosafety, containment, and 
security requirements prescribed by the Administrator; \9\ or
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    \9\ If registration is denied for this reason, we may provide 
technical assistance and guidance.
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    (6) There are egregious or repeated violations of the biosafety, 
containment, or security requirements; or
    (7) The Administrator determines that such action is necessary to 
protect animal or plant health, and animal or plant products.
    (b) For overlap agents or toxins, APHIS or CDC shall deny an 
application for registration or revoke registration if the Attorney 
General identifies the responsible official, entity, or individual who 
owns or controls the entity as within any of the categories described in 
18 U.S.C. 175b. APHIS or CDC may also deny registration or revoke 
registration for the reasons set forth in paragraphs (a)(2) through 
(a)(7) of this section.
    (c) APHIS may summarily revoke or suspend registration for any of 
the reasons set forth in paragraphs (a) and (b) of this section.
    (d) APHIS will notify the responsible official in writing if an 
application for registration is denied or a certificate of registration 
is revoked or suspended. For overlap agents or toxins, APHIS or CDC will 
notify the responsible official in writing if an application for 
registration is denied or a certificate of registration is revoked or 
suspended.
    (e) Denial of an application for registration, revocation of 
registration, and suspension of registration may be appealed under Sec.  
121.17.