APHIS Announces Biennial Review and Reorganization of Select Agent and Toxin List

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has issued a notice of proposed rulemaking under the Agricultural Bioterrorism Protection Act of 2002, soliciting feedback on the list of select agents and toxins that could pose “a severe threat to animal or plant health, or to animal or plant products.” APHIS has requested suggestions regarding (i) “any addition or reduction of the animal or plant pathogens currently on the list of select agents,” and (ii) potential reorganization of the list “based on the relative potential of each select agent or toxin to be misused to adversely affect human, plant or animal health.” According to APHIS, “Such tiering of the list could allow for the application o  different security measures for those selected agents or toxins which post a higher risk to animal or plant health if they were to be stolen or otherwise misused.”

Backed by the National Academies, the Executive Order 13486 Working Group and the National Science Advisory Board for Biosecurity, APHIS has asked respondents in favor of a tiered list “what criteria should be used to designate high risk select agents or toxins.” The agency notes that a reorganized list could reflect (i) “the relative ease with which a particular select agent or toxin might be disseminated or transmitted from one animal to another or into the environment”; (ii) “the potential for high animal or plant mortality rates”; (iii) “the potential for a major animal or plant health impact”; (iv) “select agents or toxins whose misuse might result in public panic or other social or economic disruption”; or (v) “select agents or toxins whose use might require Federal, State, and/or local officials to take special action in planning for major animal or plant health disasters.” APHIS will accept public comments until August 30, 2010. See Federal Register, July 29, 2010.