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The UKNCC member organisation must receive a completed registration document
before strains can be supplied.
- The UKNCC is committed to preventing dangerous or hazardous pathogens
from falling into the hands of non-legitimate users. This document describes
the policy of the collections on this matter. It is based on procedures
currently used by the collections and the current legislation governing
the distribution of organisms both inside and outside the 'Australia
Group' of countries, and also the current MAFF regulations governing
the distribution of animal and plant pathogens.
- The organisms governed by this policy are placed in three categories
and the UKNCC Collections refer to current lists before organisms are
supplied. In addition collections staff assess the dangers presented
by an organism and subsequently restrict distribution accordingly.
Category 1. Hazardous organisms, including Advisory Committee
on Dangerous Pathogens (ACDP) category 3 & 4 pathogens, included
in the 'Australia Group' regulations.
Category 2. Hazardous organisms including ACDP category 3&
4 pathogens and others not included in the Australia Group regulations.
Category 3. Animal and plant pathogens controlled by MAFF, and
other, legislation.
- The policy governing the distribution of organisms in each of these
categories is outlined below.
Category 1: Hazardous organisms, including ACDP category 3 &
4 pathogens, included in the 'Australia Group'regulations.
- The export of organisms specified by the 'Australia Group' of countries
is governed by legislation. The Export of Goods (Control) Order 1994
specifies that a licence is required for all exports of these organisms.
Exports of the listed organisms to countries outside the Australia Group
require an Individual Export Licence (IEL). Only individuals who are
registered with the DTI may submit an IEL application. Exports to countries
within the 'Australia Group' require an Open General Export Licence
(OGEL) which removes the need for an individual export licence provided
there are no grounds for knowing or suspecting that goods are going
to be used for biological weapons purposes. An OGEL is granted only
to organizations registered with the DTI.
- Failure to comply with these requirements is a criminal offence. Any
enquiries should be directed to the DTI's Export Control Organization.
- In addition to possessing the appropriate licence, collections supplying
organisms in this category take all practicable steps to ensure that
these organisms are going to legitimate users. Sales of listed organisms
may continue to existing users however the request should be signed
by the Head of Department/Division (or the safety officer or other person
authorized by the Head of Department) and the registered user. The signatures
are matched against those held on record in the collection on the appropriate
form. New users submitting requests for these organisms should register
through the UKNCC registration procedure.
- The Biological Weapons Act 1974 includes the clause that "No
person shall develop, produce, stockpile, acquire or retain any biological
agent or toxin of a type and in a quantity that has no justification
for prophylactic, protective or other peaceful purposes". Contravention
of this act is a criminal offence with a maximum penalty of life imprisonment.
Category 2: Hazardous organisms including ACDP category 3& 4
pathogens and others not included in the Australia Group regulations.
- All other ACDP group 3&4 organisms, and selected other organisms
offering potential dangers to humans, animals or plants, are also included
in this policy. Sales of listed hazardous organisms may continue to
existing users but the request should be signed by the Head of Department/Division
or the registered user. The signatures are matched against those held
on record in the collection on the appropriate form. New users submitting
requests for these organisms should register through the UKNCC registration
procedure.
- ACDP hazard group 4 viruses are only supplied to known established
scientists with a track record of legitimate work with such organisms
and who are known to have appropriate containment facilities.
Category 3: Animal and plant pathogens controlled by MAFF
- The regulations governing the distribution of animal and plant pathogens
are shown below. Some animal viral pathogens and some plant bacterial
and fungal pathogens are also included in the 'Australia Group' of organisms.
Distribution arrangements for these organisms conforms to both sets
of regulations.
Animal Pathogens
- The Specified Animal Pathogens Order 1998 makes it an offence to possess
or spread a listed animal pathogen within Great Britain without a license.
It is supplemented by the Importation of Animal Pathogens Order 1980
which makes it an offence to import any animal pathogen, or potential
or actual carrier, of an animal pathogen from a non-EC country, except
under licence. Enquiries should be made to the Animal Health Division
of MAFF. The culture collection and the customer must hold the appropriate
licences to hold these organisms. Orders will be refused where the customer
is unable to produce a copy of the appropriate licence.
Plant Pathogens
- The Plant Health Order 1993 regulates the import, movement and keeping
of plant pests including plant pathogens within Great Britain. The order
notes that licenced pathogens may be provided to persons or organizations
that hold a relevant current MAFF licence. Licenced pathogens may also
be sent to persons or organizations overseas that have authority from
their national plant health service to receive such material. However
material must not be released to other persons or organizations without
the written agreement from Plant Health Division who would make arrangements
for the issue of phytosanitary certificates or plant passports or for
endorsement of letters of authority. Enquiries should be directed to
the Plant Health Division of MAFF.
- Collections include in this category any other pathogen that may not
be indigenous to, and which may cause damage to plants within, Great
Britain. If there is any uncertainty over the status of any organism
the matter is referred to the Plant Health Division at MAFF.
Legislation in other countries
- Other countries have different regulations and lists of restricted
organisms, collections ensure, as far as is possible, that the export
of organisms does not contravene local legislation.
Record keeping
- Collections maintain records of all requests for all controlled organisms
including those requests which are refused for any reason. Records are
kept for a period of 25 years. The DTI requires registered organizations
to maintain separate records of the supply of 'Australia Group' organisms
whether under an IEL or an OGEL.
Conditions of supply
- All controlled organisms are supplied on the basis that they are not
passed on to third parties. Recipients of these cultures are cautioned
that some third party transfers, such as the unlicenced export of 'Australia
Group' organisms and the transfer of some MAFF controlled pathogens,
may be a criminal offence. Users may also be liable under civil law
for disease or damage following third party transfer. Collection users
receiving requests for third party transfer of controlled organisms
should refer such requests back to the collection.
- Collection staff assess user registrations and reserve the right to
refuse any order which does not show clear evidence that it is for the
safe and legitimate use of an organism. A collection accepts no obligation
to give reasons for this refusal.
UKNCC registration procedure
Forward the completed registration form to the appropriate collection
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