The Virus-Serum-Toxin Act: A Brief History and Analysis Page: 3 of 4
This report is part of the collection entitled: Congressional Research Service Reports and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
CRS-3
Transfer of Functions in 2002 (107th Congress)
The Homeland Security Act of 2002 (P.L. 107-296, Title IV, Sec. 421, 6 U.S.C. 231)
transferred most major border inspection functions (immigration, customs, and
agriculture) to the Department of Homeland Security (DHS). The VSTA was one of
seven agricultural laws affected by this transfer. The law did not change provisions in
VSTA, but only moved certain functions from one department to another. The purpose
was to unify all major border inspection activities under the jurisdiction of one department
after the terrorist attacks of September 11, 2001.
Although DHS now conducts the physical inspection of imports, USDA continues
to have jurisdiction over VSTA regulations and policies, including setting such policies
for imports. The Secretaries of USDA and DHS are to consult each other and coordinate
their regulatory and inspection practices.
For more on border inspections, and the transfer of inspection functions to DHS, see
CRS Report RL32399, Border Security: Inspections Practices, Policies, and Issues.
Analysis of Provisions and Regulatory Action8
Except as permitted in the act, the VSTA makes it unlawful for any person to
prepare, sell, barter, or exchange anywhere in the United States, or to ship or deliver in
or from the United States, any dangerous or harmful virus, serum, toxin, or analogous
product intended for use in the treatment of domestic animals.9
The VSTA further requires that a person who prepares, sells, barters, exchanges, or
ships any virus, serum, toxin, or analogous product do so in compliance with USDA
regulations through an establishment holding an unsuspended and unrevoked USDA
license.'0 The VSTA authorizes the Secretary to issue, suspend, and revoke licenses for
the maintenance of establishments that prepare viruses, serums, toxins, or analogous
products for use in the treatment of domestic animals. In 21 U.S.C. 152, the VSTA also
prohibits the importation of any virus, serum, toxin, or analogous product except under
a permit from the Secretary of Agriculture.
The Secretary of Agriculture is also authorized to make and promulgate rules and
regulations as may be necessary to prevent the preparation, sale, barter, exchange, or
shipment of a dangerous virus, serum, toxin, or analogous product for use in the treatmentof domestic animals or otherwise to carry out the VSTA. Consequently, the Animal and
Plant Health Protection Service has issued a comprehensive set of regulations governing
the licensing of viruses, serums, toxins, or analogous products (9 C.F.R. 101-124).
Regulations for the VSTA broadly catagorize viruses, serums, toxins, or analogous
products as "biological products" at any stage of production intended for use in the
8 Drawn primarily from CRS Report RL32414, The Private Testing ofMad Cow Disease: Legal
Issues, by Stephen R. Vina.
9 21 U.S.C. 151.
10 Ibid.
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Monke, Jim. The Virus-Serum-Toxin Act: A Brief History and Analysis, report, January 3, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs9672/m1/3/?rotate=270: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.