[Code of Federal Regulations]
[Title 42, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR73.2]

[Page 449-450]
 
                         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. 73.2  Purpose and scope.

    (a) This part sets forth requirements regarding the possession or 
use in the United States, receipt from outside the United States, or 
transfer within the United States, of select agents and toxins. The 
requirements are designed to implement provisions of the Public Health 
Security and Bioterrorism Preparedness and Response Act of 2002 (Public 
Law 107-188). The Act was designed to provide protection against the 
effects of misuse of select agents and toxins whether inadvertent or the 
result of terrorist acts against the United States homeland or other 
criminal acts. The agents and toxins subject to requirements under this 
part are those that have the potential to pose a severe threat to public 
health and safety. They are further identified as either HHS select 
agents and toxins or overlap select agents and toxins. The term HHS 
select agents and toxins refers to those select agents and toxins 
subject to these regulations but not subject to USDA requirements at 9 
CFR part 121. The overlap group consists of those select agents and 
toxins subject to requirements promulgated by the HHS Secretary under 
this part

[[Page 450]]

and also subject to corresponding requirements promulgated by USDA at 9 
CFR part 121.
    (b) This part does not set requirements for the exportation of 
select agents or toxins. The Department of Commerce has primary 
responsibility for regulating the exportation of microorganisms and 
toxins in Title 15 of the Code of Federal Regulations.
    (c) This part does not set requirements for the transportation in 
commerce of select agents or toxins. The Department of Transportation 
has primary responsibility for regulating the transportation of such 
select agents and toxins as hazardous materials under 49 CFR parts 171 
through 180.