[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: 7CFR331.3] [Page 421-422] 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. 331.3 List of biological agents and toxins. (a) The biological agents and toxins listed in this section have been determined to have the potential to pose a severe threat to plant health or to plant products. Liberobacter africanus, Liberobacter asiaticus Peronosclerospora philippinensis Phakopsora pachyrhizi Plum pox potyvirus Ralstonia solanacearum, race 3, biovar 2 Sclerophthora rayssiae var. zeae Synchytrium endobioticum Xanthomonas oryzae pv. oryzicola Xylella fastidiosa (citrus variegated chlorosis strain) (b) The Administrator has determined that it would be impractical to regulate a biological agent or toxin that is in its naturally occurring environment. Therefore, any biological agent or toxin listed in this section that is in its naturally occurring environment will not be subject to the requirements of this part, provided that the biological agent or toxin has not been intentionally introduced, cultivated, collected, or otherwise extracted from its natural source. (c) The Administrator has determined that biological agents or toxins that meet any of the following criteria do not have the potential to pose a severe threat to plant health or to plant products. Therefore, an individual or entity that only possesses, uses, or [[Page 422]] transfers an agent or toxin that meets any of the following criteria will not be subject to the requirements of this part: (1) Nonviable agents that are, bear, or contain listed agents or toxins; (2) Genetic elements or subunits of listed agents or toxins, if the genetic elements or subunits are not capable of causing disease.