Our Firm

The Bioterrorism Act of 2002

After the terrorist acts that caused the collapse of the World Trade Center in New York on September 11, 2001, the U.S. Congress passed The Bioterrorism Act of 2002. The full name of the law is the Public Health Security and Bioterrorism Preparedness Response Act of 2002. The main goal of the law is to protect the food supply from bioterrorism. The law also covers drinking water security and controls on dangerous biological agents and toxins. The main provisions of The Bioterrorism Act of 2002 are discussed below.

Registration of Food Facilities

All domestic and foreign food facilities that process, pack or hold foods or beverages for human or animal consumption must register with the Food and Drug Administration (FDA). Registration can be made online at the FDA's Web site.

Prior Notice of Food Shipments

Starting December 1, 2003, the FDA must be given prior notice of any shipment of imported foods or beverages, (except for meat, poultry and egg products--the U.S. Department of Agriculture has exclusive authority over these). This provision gives the FDA advance notice of shipments to allow the agency to inspect any cargo it determines might be a threat to public health because of an act of bioterrorism. Notice of imported foods must be given no sooner than five days before arrival but at least two hours before arrival by land, four hours before arrival by air or railroad, or eight hours before arrival by water. The FDA has authority to order the detention of food if it has information that the food presents a serious threat to human or animal health. Food and beverages carried by individual travelers (or in their baggage) for personal consumption are exempt from the notice requirement.

Dangerous Biological Agents and Toxins

A subpart of The Bioterrorism Act of 2002 is the Agricultural Bioterrorism Protection Act of 2002. Under this subpart, facilities that possess, use or transfer dangerous agents or toxins must register with the U.S. Department of Agriculture (USDA). After registration, the U.S. Department of Justice is required to complete a security risk assessment of the facility. The facility is must meet biosafety requirements for any dangerous agents or toxins it possesses. There are civil and criminal penalties for failure to register with the USDA.

Drinking Water Safety and Security

Another subpart of the Bioterrorism Act of 2002 covers drinking water safety and security, which is regulated by the U.S. Environmental Protection Agency (EPA). The EPA is charged with reducing vulnerability to potential terrorist attacks on the nation's drinking water. This subpart requires the EPA to help water utilities develop a plan to respond to emergencies. The EPA is also required to work with other federal agencies and research groups to provide utilities with information on technologies available to detect contamination and to improve the security of water and wastewater plants.

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.

About HSM Blog Contact Us

1.866.959.3877