1. Except as provided in subsection 2, a person shall not willfully possess, transport, or transfer a pathogen with an intent to threaten the health of an animal or crop.
a. For animals, a pathogen restricted under this section shall be limited to a biological agent or toxin listed in 9 C.F.R. §121.2(b), as that list exists on January 1, 2004.
b. For crops, a pathogen restricted under this section shall be limited to a biological agent or toxin listed in 7 C.F.R. §331.3, as that list exists on January 1, 2004.
2. This section does not apply to a person who possesses, transports, or distributes a pathogen in compliance with federal law, including but not limited to as provided in 9 C.F.R. pt. 121 or 7 C.F.R. pt. 331.
3. A person who violates this section is guilty of a class “B” felony.