Select Agents and Toxins Exemption: H5 Avian Influenza Virus

June 6, 2024

Subject: H5 Avian Influenza Virus Exemption

The Administrator of the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) has utilized his exemption authority under 9 C.F.R. § 121.5(f) in the select agent and toxin regulations to temporarily exempt H5 avian influenza viruses from the requirements of the regulations listed in 9 C.F.R. Part 121 for a period of three years.

Such an exemption is consistent with protecting animal health and animal products while allowing more laboratories to conduct research and develop solutions to address the disease.  This exemption replaces all previously issued and currently effective exemptions related to H5 avian influenza viruses.

For the duration of the exemption, APHIS, Veterinary Services (VS), Organisms and Vectors (OV) Permitting Unit will issue permits for importation and interstate transportation of all H5 avian influenza viruses pursuant to 9 C.F.R. Part 122.

The APHIS, VS, OV Permitting Unit can be contacted by email at

Please feel free to share this information with interested persons and entities.  If you have any questions concerning the exemption, please contact the Division of Agricultural Select Agents and Toxins (DASAT) at 301-851-2070 or by email at