104 
Infection to human beings.” 42 U.S.C. 264(a). There are limitations, however, 
with respect to detention of persons who are believed to be infected with a com- 
municable disease. 42 U.S.C. 264(b) (c) (d). These limitations, apparently, do 
not apply to articles. 
The appropriate HEW regulations, insofar as regulation of DXA products are 
concerned, control the interstate transportation of •‘biologic products” and "etio- 
logic agents.” The applicable definitional sections are reprinted here for your 
convenience : 
Subpart C — Shipment of Certain Things 
g 72.25 Etiologic agents. 1 
(a) Definitions. As used in this section : 
(1) An '“etiologic agent” means a viable microorganism or its toxin which 
causes, or may cause, human disease. 
(2) A “diagnostic specimen” means any human or animal material including, 
but not limited to, excreta, secreta, blood and its components, tissues, and tissue 
fiuids being shipped for purposes of diagnosis. 
(3) A ‘’biological product” means a biological product prepared and manufac- 
tured in accordance with the provisions of 9 CFR Part 10, Licensed Veterinary 
Biological Products, 42 CFR Part 73, Licensed Human Biological Products. 21 
CFR 130.3, New drugs for investigational use in humans, 9 CFR Part 103, Bio- 
logical Products for Experimental Treatment of Animals, or 21 CFR 130.3 fa), 
New drugs for investigational use in animals, and which, in accordance with 
such provisions, may be shipped in interstate traffic. 
(b) Transportation; etiologic agent minimum packaging requirements. Xo 
person may knowingly transport or cause to be transported in interstate traffic, 
directly or indirectly any material, including but not limited to, diagnostic speci- 
mens and biological products, containing, or reasonably believed by such person 
to 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. 
(e) Transportation; etiologic agents subject to additional requirements. Xo 
person may knowingly transport or cause to be transported in interstate traffic, 
directly or indirectly, any material, other than diagnostic specimens and bio- 
logical products, containing, or reasonably believed by such person to contain, 
one or more of the following etiologic agents unless such material is packaged 
in accordance with the requirements specified in paragraph (b) of this section, 
and unless, in addition, such material is packaged and shipped in accordance with 
the requirements specified in subparagraphs (l)-(6) of this paragraph: 
BACTERIA!, AGENTS 
Actinobacillus — all species. 
Arizona hinshaicii — all serotypes. 
Bacillus anthracis. 
Bartonella — all species. 
Bordetella — all species. 
Borrelia recurrentis, B. vincenti. 
Brucella — all species. 
Clostridium botulinum, Cl. chauvoei, Cl. liaemolyticum, Cl. histolyticum, Cl. not'yx. 
Cl. septicum, Cl. tetani. 
Corynebacterium diphtheriae C, equi, C. liaemolyticum, C. pseudotuberculosis, C. 
pyogenes, C. renale. 
Diplococcus ( Streptococcus ) pneumoniae. 
Erysipelotlirix insidiosa. 
Escherichia coli, all enteropathogenic serotypes. 
Francisella ( Pusteurella ) tularensis. 
Haemophilus duci'eyi, if. influenzae. 
Herellea vaginicola. 
Klebsiella — all species and all serotypes. 
Leptospira interrogans — all serotypes. 
Listeria — all species. 
1 The requirements of this section 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. 
[Appendix B — 363] 
