Exclusion Guidance Document: Exclusion of Select Agents or Toxins Seized by a Federal Law Enforcement Agency

Under sections 3(f) and 4(f) of the select agent regulations, certain federal law enforcement activities are excluded from the select agent regulations (e.g., collecting evidence from a laboratory crime scene) as long as the law enforcement agency meets the requirements of the exclusion:

1. As soon as practicable, the federal law enforcement agency transfers the seized agent or toxin to an entity eligible to receive such agent or toxin or destroys the agent or toxin by a recognized sterilization or inactivation process.
2. The federal law enforcement agency safeguards and secures the seized agent or toxin against theft, loss, or release and reports any theft, loss, or release of such agent or toxin.
3. The federal law enforcement agency reports the seizure of the select agent or toxin by submitting the APHIS/CDC Form 4. For more information please contact FSAP.