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U.S. Code as of:
01/19/04
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 -
(1) such biological agent, toxin, or delivery system is for a
prophylactic, protective, or other peaceful purpose; and
(2) such biological agent, toxin, or delivery system, is of a
type and quantity reasonable for that purpose.
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