18 U.S.C. § 176 — Seizure, forfeiture, and destruction

(a) In General: (1) Except as allowed in (2), the Attorney General may request a warrant, issued the same way as a search warrant, authorizing the seizure of any biological agent, toxin, or delivery system that either (A) relates to conduct banned 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 a prophylactic, protective, or other peaceful purpose. (2) In exigent circumstances, such items described in (1)(A) and (1)(B) may be seized and destroyed based on probable cause, without needing a warrant. (b) Procedure: Property seized under subsection (a) is forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At that hearing, the government must prove its case by a preponderance of the evidence. Except where inconsistent with this section, the same procedures and laws that apply to forfeitures under the customs laws also apply to a seizure or forfeiture under this section. The Attorney General may arrange for the destruction or other appropriate disposal of anything seized and forfeited under this section. (c) Affirmative Defense: In a forfeiture case brought under subsection (a)(1)(B), it is an affirmative defense that: (1) the biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; and (2) its type and quantity are reasonable for that purpose.