The BioCheck® Powder Screening Test Kit has received “Designation” as a Qualified Anti-Terrorism Technology (QATT) by the United States Department of Homeland Security (DHS).
Q. What is the SAFETY Act?
A. The SAFETY Act, passed by Congress in 2002, provides extensive legal protection from tort liability for companies providing anti-terrorism technologies approved by DHS.. Liability protection extends to re-sellers and end users of the BioCheck® Powder Screening Test Kit.
Q. What is the significance of Designation for users of the BioCheck® Kit?
A. With SAFETY Act Designation, only the Seller (20/20 BioResponse) is liable for damages following the use of the BioCheck® Kit in response to an act of terrorism. The DHS describes the results of Designation as follows: “When a technology is designated as a Qualified Anti-Terrorism Technology (QATT), the Seller of the QATT is granted limited liability for all claims arising out of the deployment of the QATT with respect to an “act of terrorism”… the Seller becomes the sole entity that can be sued for third party injuries, effectively protecting all other companies and persons in the manufacturing and distribution chains from liability.”
Q. What is the advantage to 20/20 in having SAFETY Act Designation?
A. In the event that claims arise from a terrorism attack, 20/20 as a QATT manufacturer is liable only for a predetermined value agreed upon with DHA: even if claims exceed the limit. In addition to ensuring that 20/20 will not be under insured in the wake of a terror attack, Designation provides: : · Exclusive jurisdiction in federal courts for suits, rather than in state courts where such claims are typically addressed. · Complete prohibition against recovery of any punitive damages, which are intended to punish or deter. · A prohibition on non-economic damages unless the plaintiff suffered physical harm.
Q. What are the requirements for SAFETY Act Designation?
A. The Department of Homeland Security accepts applications for designation from any company or corporation providing an anti-terrorism product or service. The DHS then assembles experts from industry, academia and research institutions to assess each application and to make recommendations to the Under Secretary for Science and Technology. The Under Secretary may then approve the product or service as a Qualified Anti-Terrorism Technology.
Q. Where can I find more Information about the SAFETY Act?
A. More information can be found at www.safetyact.gov