Does CDC have authority to order destruction of specimens?
Under section 361 of the Public Health Service Act (42 USC 264), the HHS Secretary has broad authority to enact rules and regulations to prevent the introduction, transmission, and spread of communicable diseases from foreign countries into the United States and from one state or possession into another. Regulations promulgated under this statutory authority may be found at 42 CFR Parts 70 (Interstate Quarantine) and 71 (Foreign Quarantine). Under 42 CFR 70.2, whenever the CDC Director determines that the measures taken by the health authorities of any state or possession are insufficient to prevent the spread of communicable diseases from one state or possession into another, the Director may take such measures to prevent the spread of the disease as the Director deems reasonably necessary, including inspection, fumigation, disinfection, and destruction of animals or articles believed to be sources of infection. This section does not apply to measures taken by health authorities outsi
