[Code of Federal Regulations] [Title 9, Volume 1] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 9CFR121.14] [Page 765-766] 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. 121.14 Transfer of biological agents and toxins. Biological agents and toxins listed in Sec. 121.3 may only be transferred to individuals or entities 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 or, for overlap agents or toxins, by APHIS or CDC, prior to the transfer. (a) Importation and interstate movement. In addition to the permit required under part 122 of this subchapter, biological agents or toxins listed in Sec. 121.3 may be imported or moved interstate only with the prior authorization of APHIS or, for overlap agents or toxins, APHIS or CDC. To obtain such authorization, the sender and the responsible official for the recipient must complete and submit APHIS Form 2041 to APHIS or CDC, in accordance with paragraph (c) of this section. (b) Intrastate movement. Biological agents or toxins listed in Sec. 121.3 may be moved intrastate only with the prior authorization of APHIS or, for overlap agents or toxins, APHIS or CDC. To obtain such authorization, the sender and the responsible official for the recipient must complete and submit APHIS Form 2041 to APHIS or CDC, in accordance with paragraph (c) of this section. (c) APHIS Form 2041; process and procedures. (1) Prior to each transfer, the responsible official for the recipient and sender must complete APHIS Form 2041, and the sender must submit the form to APHIS or, for overlap agents or toxins, to APHIS or CDC.\15\ --------------------------------------------------------------------------- \15\ APHIS Form 2041 may be obtained by calling APHIS at (301) 734- 3277 or by calling CDC at (404) 498-2265. The form is also available on the Internet at http://www.aphis.usda.gov/vs/ncie.bta.html or http:// www.cdc.gov/od/ohs/lrsat.htm. APHIS Form 2041 may be mailed to National Center for Import and Export, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231; or faxed to (301) 734-3652. For overlap agents and toxins, it may be mailed to the above address or to Select Agent Program, Centers for Disease Control and Prevention, 1600 Clifton Road, NE, Mail Stop E 79, Atlanta, GA 30333; or faxed to (404) 498-2265. --------------------------------------------------------------------------- (2) APHIS or CDC 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 must notify the agency authorizing the transfer (either APHIS or CDC) and the sender upon receipt of the agent or toxin by mailing or faxing [[Page 766]] a completed APHIS Form 2041 to APHIS or CDC within 2 business days. (4) The responsible official for the recipient must notify APHIS or CDC 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.