PUBLIC LAW 107-188-JUNE 12, 2002 116 STAT. 647 (1) section 175b(c) of title 18, United States Code (relating to criminal penalties), as added by section 231(a)(5) of this Act; and (2) section 351A(i) of the Public Health Service Act (relating to civil penalties). (c) TRANSITIONAL PROVISION REGARDING CURRENT RESEARCH AND EDUCATION. — The interim final rule under subsection (b) shall include time frames for the applicability of the rule that minimize disruption of research or educational projects that involve biological agents and toxins listed pursuant to section 351A(a)(l) of the Public Health Service Act and that were underway as of the effective date of such rule. SEC. 203. EFFECTIVE DATES. 42 USC 262a (a) IN GENERAL.— Regulations promulgated by the Secretary of Health and Human Services under section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 are deemed to have been promulgated under section 35 lA of the Public Health Service Act, as added by section 201 of this Act. Such regulations, including the list under subsection (d)(1) of such section 511, that were in effect on the day before the date of the enactment of this Act remain in effect until modified by the Secretary in accordance with such section 35 lA and with section 202 of this Act. (b) EFFECTIVE DATE REGARDING DISCLOSURE OF INFORMA- TION. —Subsection (h) of section 35 lA of the Public Health Service Act, as added by section 201 of this Act, is deemed to have taken effect on the effective date of the Antiterrorism and Effective Death Penalty Act of 1996. SEC. 204. CONFORMING AMENDMENT. Subsections (d), (e), (f), and (g) of section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) are repealed. Subtitle B—Department of Agriculture Agricultural Bioterrorism Protection Act of SEC. 211. SHORT TITLE. 2002. This subtitle may be cited as the "Agricultural Bioterrorism Protection Act of 2002". 7 USC 8401 note. SEC. 212. REGULATION OF CERTAIN BIOLOGICAL AGENTS AND TOXINS. 7 USC 8401. (a) REGULATORY CONTROL OF CERTAIN BIOLOGICAL AGENTS AND TOXINS.— (1) LIST OF BIOLOGICAL AGENTS AND TOXINS. — (A) IN GENERAL. —The Secretary of Agriculture shall by regulation establish and maintain a list of each biological agent and each toxin that the Secretary determines has the potential to pose a severe threat to animal or plant health, or to animal or plant products. (B) CRITERIA.—In determining whether to include an agent or toxin on the list under subparagraph (A), the Secretary shall— (i) consider— (I) the effect of exposure to the agent or toxin on animal or plant health, and on the production and marketability of animal or plant products; 99-194O-03 -22:QL3Part1
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