[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR331.13]

[Page 427]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 331_POSSESSION, USE, AND TRANSFER OF BIOLOGICAL AGENTS AND TOXINS
--Table of Contents
 
Sec. 331.13  Transfer of biological agents and toxins.

    Biological agents and toxins listed in Sec. 331.3 may only be 
transferred to an individual or entity registered to possess, use, or 
transfer that particular agent or toxin. However, the sender of an agent 
or toxin may be an individual or entity that has a certificate of 
registration for the agent or toxin, an individual or entity that is 
exempt from the requirements of this part, or an individual or entity 
located outside of the United States. Biological agents or toxins may 
only be transferred under the conditions of this section and must be 
authorized by APHIS prior to the transfer.
    (a) Importation and interstate movement. In addition to the permit 
required under part 330 of this chapter, biological agents or toxins 
listed in Sec. 331.3 may be imported or moved interstate only with the 
prior authorization of APHIS. To obtain such authorization, the sender 
and the responsible official for the recipient must complete and submit 
APHIS Form 2041 to APHIS, in accordance with paragraph (c) of this 
section.
    (b) Intrastate movement. Biological agents or toxins listed in Sec. 
331.3 may be moved intrastate only with the prior authorization of 
APHIS. To obtain authorization, the sender and the responsible official 
for the recipient must complete and submit APHIS Form 2041 to APHIS 
prior to each transfer, in accordance with paragraph (c) of this 
section.
    (c) APHIS Form 2041; process and procedures. (1) Prior to each 
transfer, the sender and the responsible official for the recipient must 
complete APHIS Form 2041, and the sender must submit the form to 
APHIS.\11\
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    \11\ APHIS Form 2041 may be obtained by calling (301) 734-5519 or 
faxing a request to (301) 734-8700. The form is also available on the 
Internet at http://www.aphis.usda.gov/ppq/permits. APHIS Form 2041 may 
be mailed to Biological and Technical Services, PPQ, APHIS, 4700 River 
Road Unit 133, Riverdale, MD 20737-1236; or faxed to (301) 734-8700.
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    (2) APHIS will authorize the transfer based on a finding that the 
recipient has a certificate of registration covering the transfer of the 
listed agent or toxin.
    (3) The responsible official for the recipient entity must notify 
APHIS and the sender upon receipt of the agent or toxin by mailing or 
faxing a completed APHIS Form 2041 within 2 business days.
    (4) The responsible official for the recipient must notify APHIS 
immediately if the agent or toxin has not been received within 48 hours 
after the expected delivery or if the package containing the agent or 
toxin is leaking or has been damaged.
    (d) The sender must comply with all applicable laws governing 
packaging and shipping.