United States Food Safety Washington, D.C. 

Department of and Inspection 20250 

Agriculture Service 

November 1, 2011 

To: Al Almanza 

Administrator 

From: David P. Goldman, M.D., M.P .H. 

Assistant Administrator 

Office ofPublic Health Science 

Subject: FSIS-ARS Materials Transfer Agreement 

The FSIS-ARS Materials Transfer Agreement needs to be renewed as the previous agreement 

which was approved by Dr. Barbara Masters in 2006 expired this year. The Matetials Transfer 

Agreement outlines the protocol for transferring biological and chemical materials (typically 

pathogen isolates) from FSIS to ARS. The transfer ofthese Materials facilitates FSIS-ARS 

collaborations and enables ARS researchers to better support FSIS activities. 

This revised Materials Transfer Agreement was drafted by OPHS. This revised agreement was 

reviewed by Office ofGeneral Counsel (OGC) and reflects input from OGC. 

While much ofthe language ofthe previous agreement has been retained, this revised agreement: 

1) more clearly specifies information and data reporting expectations between the agencies, 

and; 

2) provides for enhanced oversight ofthe Materials by prohibiting ARS dishibution to 3rd 

parties. 

This agreement has been approved by ARS. This agreement will become fmal with your 

approval. Please let me know if you have any concerns about this agreement. 

FSIS Form 2630-9 (6/86) EQUAL OPPORTUNITY IN EMPLOYMENT AND SERVICES 
U.S. Department ofAgriculture 

Food Safety and Inspection Service 

Agricultural Research Service 

MATERIAL TRANSFER AGREEMENT 

PARTIES: 

PSIS: USDA, Food Safety and Inspection Service 

Officer ofPublic Health Science 

Room 341-E, Whitten Bldg. 

1400 Independence Ave, SW 

Washington, DC 20250 

Phone: (202) 720-2644 

Fax: (202) 690-2980 

ARS: USDA, Agricultural Research Service 

5601 Sunnyside Avenue 

Room 4-1149 George Washington Carver Center 

Beltsville, Maryland, 20705-5138 

Phone: (301)'504-6905 

Fax: (301) 504-5060 

PURPOSE: 

To provide ARS with biological materials, pathogens, toxins, genetic elements, and associated 

knowledge, hereinafter collectively refen-ed to as the "Mate1ial." 

GENERAL PROVISIONS: 

PSIS will release the Material to ARS under the following conditions: 

1. The Material shall be used only by ARS scientists identified in Matedals Transfer Agreement 

Template 1 in connection with an ARS research project. 

2. ARS scientists will send requests for Materials to the FSIS Laboratory Quality Assurance 

Division (LQAD) Branch Chief/Contact Official using Material Transfer Agreement 

Template 1: ARS Request for PSIS' Materials to describe the purpose of the project. One 

submitted and approved Materials Transfer Agreement Template will suffice for ongoing 

requests for the same Material, not to exceed two years from approval date. The LQAD 

Branch Chief/Contact Official has the prerogative, after consulting the appropriate FSIS 

Assistant Administrator and/or Laboratory Directors, to deny, delay, or alter the request as 

appropriate. ARS must obtain required pennits from APHIS prior to FSIS shipment of 

Materials to ARS (specified in Template 1). · 

3. PSIS will transfer the Material to ARS with a copy of the approved Material Transfer 

Agreement Template 1 form. 

1 
4. ARS shall not transfer the Material, in whole or in pait, to a third party. Any request by a 

third paity for the MATERIAL will be directed to FSIS. 

5. The Parties shall specify data reporting expectations in Materials Transfer Agreement 

Template 2: Data Reporting Requirements in accordance with FSIS-ARS Matetials Transfer 

Agreement (MT A). ARS shall promptly inform PSIS of the results obtained through use of 

the Material. For ARS projects, ARS will provide a copy of any manuscript that describes 

the work with the Matelial prior to submission for publication and acknowledge PSIS' 

contribution to the work rep01ted (including acknowledgement of FSIS as the source of the 

Material). On joint FSIS-ARS projects, collaborative authorship is expected. 

6. If PSIS and ARS decide in the future to engage in a cooperative research project or program 

using the Material, the Patties intend to enter into a formal Interagency Agreement, 

Memorandum of Understanding, or other research agreement. Negotiation, execution, and 

administration of each such agreement must comply with all applicable statutes and 

regulations. 

7. Upon completion of ARS's activities using the Material, ARS shall return, destroy, or 

otherwise dispose ofthe Material as instructed by PSIS. 

8. ARS shall meet with representative(s) of PSIS to detemline inventorship if an invention 

should arise during ARS, s work with the Material. 

9. ARS shall not disclose Confidential or Proprietary Material to any non-PSIS entity without 

expressed pe11nission from PSIS LQAD Branch Chief/Contact Official. Any Recipient ofthe 

Material shall use the same degree of care to protect Confidential or Proprietary Information 

received under this Agreement as it uses to protect its own information of a similar nature, 

but in any event not less than reasonable cai·e under the circumstances. 

9. ARS and FSIS shall exclude Material from the confidentiality requirements of this 

Agreement if: (1) ARS had possession- of the Material prior to FSIS disclosure; (2) the 

Material is generally available to the public at the time of FSIS disclosure; (3) the Material 

becomes generally available to the public through no fault of ARS after PSIS disclosure; or 

(4) after FSIS disclosure, ARS receives the Material from a third party having the tight to the 

Material and who does not impose a confidentiality obligation upon ARS. 

10. This research Material is provided as a service to the research community. IT IS BEING 

SUPPLIED TO RECIPIENT WITH NO WARRANTIES, EXPRESSED OR IMPLIED 

INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A 

PARTICULAR PURPOSE. FSIS makes no representation that the use of the research 

Material will not infringe any patent or proprietary rights ofthird parties. 

11. The Parties acknowledge and agree to comply with all applicable laws, pe1mits, and 

regulations including those of the Animal and Plant Health Inspection Service, and the 

Centers for Disease Control and Prevention pertaining to possession or transfer of technical 

information, biological materials, pathogens, toxins, genetic elements, genetically engineered 

microorganisms, vaccines, and similar agents. 

2 
12. FSIS agrees, at its discretion, to provide the name of the species of animal from which the 

bacteria were isolated, the month and year the sample was taken, and the region/area of 

origin 

13. Nothing in this Material Transfer Agreement shall obligate either ARS or FSIS to obligate or 

transfer any funds. 

14. This Material Transfer Agreement shall be construed in accordance with United States of 

America Federal Law as interp1:eted by the Federal Courts in the District ofColumbia. 

15. This Material Transfer Agreement shall become effective upon the date ofthe final signature 

and shall continue in effect for a pe1iod offive years. Either ARS or FSIS may terminate this 

Material Transfer Agreement with a 60-day written notice; however, its terms will remain in 

effect for any Materials that have ah-eady been transferred for five years from the date of the 

transfer. 

ACCEPTED FOR THE FOOD SAFETY AND INSPECTION SERVICE 

Administrator, FSIS Date 

~f~· 

David Goldman, M.D., M.P.H. Assistant Administrator, Date 

FSIS/OPHS 

ACCEPTED FOR THE AGRICULTURAL RESEARCH SERVICE 

Deputy Assistant Administrator, Date 

ARS/OTT 

3 
United St.ite.s. Department ofAgrleulture 

Research, Educ8tio,,, .ind Economlos 

Agrioullural Research Service 

Date: 

Subject: Materials Transfer Agreement Template 1 : 

ARS Request for FSIS' Materials 

in accordance with FSIS-ARS Materials Transfer Agreement (MTA) 

To: FSIS LOAD Branch Chief/Contact Official 

Laboratory Quality Assurance Division, 

USDA FSIS OPHS, 

950 C_ollege Station Rd., 

Athens, GA 30605 

Through: ARS Research Leader (Name) 

(Lab Unit) 

(Lab Location) 

From: (Name of ARS permanent Category 1 Employee) 

(Lab Name) 

(Address) 

(Telephone: Number) 

(Fax: Number) 

(Email) 

I request (Description of Materials}: 

Description of project: 

Purpose: 

Analyses to be performed: 

Approved: __________________ 

FSIS LOAD Branch Chief/Contact Official Date 

Note: Prior to shipment, ARS must provide copy of approved APHIS permit VS16-3 

(http://www.aphis.usda.gov/animal health/permits/) to FSIS LQAD Branch Chief/Contact Official 
United St.ite$ Departmen~ cfAgriculture 

Research, ~dllC8li¢n, end Economics 

AgricuHural Research Serv!ce 

Date: 

Subject: Materials Transfer Agreement Template 2: 

Data Reporting Requirements 

in accordance with FSIS-ARS Materials Transfer Agreement (MTA) 

To: FSIS LQAD Branch Chief/Contact Official 

Laboratory Quality Assurance Division, 

USDA FSIS OPHS, 

950 College Station Rd., 

Athens, GA 30605 

Through: ARS Research Leader (Name) 

(Lab Unit) 

(Lab Location) 

From: (Name of ARS permanent Category 1 Employee) 

(Lab Name) 

(Address) 

(Telephone: Number) 

(Fax: Number) 

(Email} 

Description of Materials/Project: 

Data Reporting Requirements: 

ARS will provide FSIS with the following: 

Data Description: 

Frequency of Data Transfer: 

Data Format: 

Transfer Procedures: 

FSIS will provide ARS with the following: 

Data Description: 

Frequency of Data Transfer: 

Data Format: 

Tr~nsfer Procedures: 

Approved: __________________ 

FSIS LQAD Branch Chief/Contact Official Date