Section 176 - Seizure, forfeiture, and destruction(a) IN GENERAL.-(1) Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that-(A) pertains to conduct prohibited under section 175 of this title; or(B) is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.(2) In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant.(b) PROCEDURE.-Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the Government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section.(c) AFFIRMATIVE DEFENSE.-It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that-Added Pub. L. 101-298, §3(a), May 22, 1990, 104 Stat. 202; amended Pub. L. 103-322, title XXXIII, §330010(16), Sept. 13, 1994, 108 Stat. 2144; Pub. L. 107-188, title II, §231(c)(3), June 12, 2002, 116 Stat. 661.EDITORIAL NOTES
AMENDMENTS2002-Subsec. (a)(1)(A). Pub. L. 107-188 substituted "pertains to" for "exists by reason of".1994-Subsec. (b). Pub. L. 103-322 substituted "the Government" for "the government".
- biological agent
- the term "biological agent" means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing-(A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;(B) deterioration of food, water, equipment, supplies, or material of any kind; or(C) deleterious alteration of the environment;
- delivery system
- the term "delivery system" means-(A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or(B) any vector;
- toxin
- the term "toxin" means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes-(A) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or(B) any poisonous isomer or biological product, homolog, or derivative of such a substance;