Document ID: chunk:federal_register_of_legislation:C2024C00510:section:38k
Version: federal_register_of_legislation:C2024C00510
Segment Type: section
Provision Reference: s 38K
Character Range: 72509–74404

38K  Reporting if biological agent disposed of after confirmatory testing shows it is a security‑sensitive biological agent
 (1) This section applies if:
 (a) it is determined from confirmatory testing that the biological agent is a security‑sensitive biological agent; and
 (b) within 2 business days, or such longer period as the Secretary allows, after making or becoming aware of the determination, an entity that carried out the confirmatory testing or is the initial tester disposes of its entire holdings of the biological agent; and
 (c) the disposal is carried out in accordance with the SSBA Standards relating to the disposal of a biological agent that was previously suspected, on the basis of testing in a laboratory, of being a security‑sensitive biological agent; and
 (d) before the entity carried out the disposal, the biological agent was not included on the National Register in relation to the entity.

Requirement to report disposal
 (2) The entity must give the Secretary a report that:
 (a) states that the entity has disposed of its entire holdings of the biological agent in accordance with the SSBA Standards relating to the disposal of a biological agent that was previously suspected, on the basis of testing in a laboratory, of being a security‑sensitive biological agent; and
 (b) is in a form approved by the Secretary; and
 (c) includes the information required by the approved form.
 (3) The entity must give the Secretary the report within 2 business days after completing the disposal or such longer period as the Secretary allows.

Exemption from reporting under section 42 or 48 if report given
 (4) If the entity gives the Secretary the report in accordance with subsections (2) and (3) of this section, section 42 and paragraph 48(1)(a) do not apply, and are taken never to have applied, in relation to the handling of the biological agent by the entity.