§176 Seizure, forfeiture, and destruction

Summary

The Attorney General can ask a court for a warrant, like a search warrant, to seize any biological agent, toxin, or delivery system that is linked to the crimes in section 175 or that is a type or amount that has no clear protective or peaceful use. In emergencies, those items may be seized and destroyed without a warrant if there is probable cause. Seized items can become federal property after owners are notified and given a hearing. At that hearing the government must prove its case is more likely true than not. Customs forfeiture rules apply, and the Attorney General may destroy or otherwise dispose of the items. A person can avoid forfeiture by showing the item was for a protective or other peaceful purpose and that the type and amount are reasonable for that purpose.