Since 1980, EPA has had a policy of promoting the used of biologically contaminated sewage sludge as a fertilizer on food crops, as well as lawns and gardens. As the most powerful entity in the government, it had the statutory power to prevent the Health Department from investigating in health complaints or deaths. The state Environmental Departments have had the same power over the State Health Departments. Now we know it was/is bioterrorism.
The new laws should stop intrastate shipment of biological contaminated sludge and the Agricultural Bioterrorism Act should stop the dumping of sludge on farmland. IF THE BIOLOGICAL AGENTS ARE DANGEROUS IN A LABORATORY -- HOW MUCH MORE DANGEROUS IN THE FIELD AND ON YOUR LAWN?
The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188; June 12, 2002) requires that the United States improve its ability to prevent, prepare for, and respond to acts of bioterrorism and other public health emergencies that could threaten either public health and safety or American Agriculture. It necessitates that individuals possessing, using, or transferring agents or toxins deemed a severe threat to public, animal or plant health, or to animal or plant products notify either the Secretary of the Department of Health and Human Services (HHS) or the Secretary of the Department of Agriculture (USDA). In accordance with the Act, implementing regulations detailing the requirements for possession, use, and transfer for select agents and toxins were published by HHS (42 CFR part 73) and by USDA (9 CFR part 121 and 7 CFR part 331) .
All provisions of these final rules supersede those contained in the interim final rules and became effective on April 18, 2005. The select agents and toxins identified in the final rules have the potential to pose a severe threat to public health and safety, to animal and plant health, or to animal and plant products.
Interstate Shipment of Etiologic Agents 42 CFR Part 72 (Final)
Federal Register, Vol. 45, No. 141-Monday, July 21, 1980. Part 72-Interstate Shipment of Etiologic Agents 1
Centers for Disease Control and Prevention Office of Health and Safety Biosafety Branch (Date Last Rev'd: March 9, 1995)
1 The requirements of this part are in addition to and not in lieu of any other packaging or other requirements for the transportation of etiologic agents in interstate traffic prescribed by the Department of Transportation and other agencies of the Federal Government.
Sec. 72.1 Definitions 72.2 Transportation of diagnostic specimens, biological products, and other materials; minimum packaging requirements. 72.3 Transportation of materials containing certain etiologic agents; minimum packaging requirements. 72.4 Notice of delivery; failure to receive. 72.5 Requirements; variations. Authority: Sec. 215, 58 Stat. 690, as amended. 42 U.S.C. 216; sec. 361, 58 Stat. 703, (42 U.S.C 264)
As used in this part: "Biological product" means a biological prepared and manufactured in accordance with the provisions of 9 CFR Parts 102-104 and 21 CFR Parts 312 and 600-680 and which, in accordance with such provisions, may be shipped in interstate traffic.
"Diagnostic specimen" means any human or animal material including, but not limited to, excreta, secreta, blood and its components, tissue, and tissue fluids being shipped for purposes of diagnosis.
"Etiologic agent" means a viable microorganism or its toxin which causes, or may cause, human disease.
"Interstate traffic" means the movement of any conveyance or the transportation of persons or property, including any portion of such movement or transportation which is entirely within a State or possessions, [a] from a point of origin in any State or possession to a point of destination in any other State or possession, or [b] between a point of origin and a point of destination in the same State or possession but through any other State, possession, or contiguous foreign country.
§72.2 Transportation of diagnostic specimens, biological products, and other materials; minimum packaging requirements.
No person may knowingly transport or cause to be transported in interstate traffic, directly or indirectly, any material including, but not limited to, diagnostic specimens and biological products which such person reasonably believe may contain an etiologic agent unless such material is packaged to withstand leakage of contents, shocks, pressure changes, and other conditions incident to ordinary handling in transportation.
§72.3 Transportation of materials containing certain etiologic agents; minimum packaging requirements.
Notwithstanding the provisions of §72.2, no person may knowingly transport or cause to be transported in interstate traffic, directly or indirectly, any material [other than biological products] known to contain, or reasonably believed by such person to contain, one or more of the following etiologic agents unless such material is packaged, labeled, and shipped in accordance with the requirements specified in paragraphs [a]-[f] of this section:
Bacterial Agents Acinetobacter calcoaceticus. Leptospira interrogans - all serovars. Actinobacillus - all species. Listeria - all species. Actinomycetaceae - all members. Mimae polymorhpa. Aeromonas hydrophilia. Moraxella - all species. Arachnia propionica. Mycobacterium - all species. Arizona hinshawii - all serotypes. Mycoplasma - all species. Bacillus anthracis. Neisseria gonorrhoeae, N. meningitidis. Bacteroides spp. Nocardia asteroides. Bartonella - all species. Pasteurella - all species. Bordetella - all species. Plesiomonas shigelloides. Borrelia recurrentis, B. vincenti. Proteus - all species. Brucella - all species. Pseudomonas mallei. Campylobacter (Vibrio) foetus, C. (Vibrio) jejuni. Pseudomonas pseudomallei. Chlamydia psittaci, C. trachomatis. Salmonella - all species and all serotypes. Clostridium botulinum, Cl. chauvoei,Cl. haemolyticum, Cl. histolyticum,Cl. novyi, Cl. septicum, Cl. tetani. Shigella - all species and all serotypes. Corynebacterium diphtheriae, C. equi,C. haemolyticum, C. pseudotuberculosis,C. pyogenes, C. renale. Sphaerophorus necrophorus. Edwarsiella tarda. Staphylococcus aureus. Erysipelothrix insidiosa. Streptobacillus moniliformis. Escherichia coli, all enteropathogenic serotypes. Streptococcus pneumoniae. Francisella [Pasteurella] Tularensis. Streptococcus pyogenes. Haemophilus ducreyi, H. influenzae. Treponema careteum, T. pallidum, and T. pertenue. Klebsiella - all species and all serotypes. Vibrio cholerae, V. parahaemolyticus Legionella - all species and all Legionella-like organisms. Yersinia (Pasteurella) pestis,Y. enterocolitica.
Viral and Rickettsial Agents Adenoviruses - human - all types. Measles virus. Arboviruses - all types. Mumps virus. Coxiella burnetii. Parainfluenza viruses - all types. Coxsackie A and B viruses - all types. Polioviruses - all types. Creutzfeldt - Jacob agent. Rabies virus - all strains. Cytomegaloviruses. Reoviruses - all types. Dengue viruses - all types. Respiratory syncytial virus. Ebola viruses. Rhinoviruses - all types. Echoviruses - all types. Rickettsia - all species. Encephalomyocarditis virus. Rocha limaea quintana. Hemorrhagic fever agents including , but not limited to, Crimean hemorrhagic fever (Congo), Junin, Machupo viruses, and Korean hemorrhagic fever viruses. Rotaviruses - all types. Rubella virus. Simian virus 40. Hepatitis associated materials (hepatitis A, hepatitis B, hepatitis nonA-nonB). Tick - borne encephalitis virus complex, including Russian spring-summer encephalitis, Kyasanur forest disease, Omsk hemorrhagic fever, and Central European encephalitis viruses. Herpesvirus - all members. Vaccinia virus. Infectious bronchitis - like virus. Varicella virus. Influenza viruses - all types. Variola major and Variola minor viruses Kuru agent. Vesicular stomatis viruses - all types Lassa virus. White pox viruses. Lymphocytic choriomeningitis virus. Yellow fever virus.2 Marburg virus.