SB 381 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, prohibiting certain animal experimentation, sale and testing; and imposing penalties.

NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE EUTHANIZING AN ANIMAL SUBJECT.

(3) THE ANIMAL TESTING FACILITY MAY ENTER INTO AN AGREEMENT WITH A RELEASING AGENCY OF ITS CHOICE FOR COMPLIANCE WITH THIS SECTION.

(C) IMMUNITY.--AN ANIMAL TESTING FACILITY, INCLUDING THE FACILITY'S EMPLOYEES, FACULTY, STAFF, AGENTS, CONTRACTORS OR REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY HARM, INJURY, PROPERTY DAMAGE OR OTHER DAMAGE OR LOSS CAUSED BY OR THAT OTHERWISE RESULTS FROM THE ADOPTION OF AN ANIMAL SUBJECT, NOR FOR ANY ILLNESS OR DISEASE OR PHYSICAL OR BEHAVIORAL CONDITION OF AN ANIMAL SUBJECT PLACED, IN GOOD FAITH, FOR ADOPTION IN COMPLIANCE WITH THIS SECTION.

(a) Clear language.--A person that submits to a Commonwealth 20250SB0381PN1101 - 6 - agency a proposal in response to a request for proposal or bid in response to an invitation for bids relating to a project or program that involves animal subjects and is to be financed by Commonwealth funds, shall clearly state in the proposal or bid:

(b) Disclosure in other records.--The duty in subsection (a) <-- shall include a press release or other record of the person that identifies the project or program.

(B) RECORD RETENTION.--ALL RECORDS REQUIRED TO BE MAINTAINED <-- UNDER THIS SECTION, OR RELATED TO THE COURSE OF CONDUCT REGULATED BY THIS SECTION, SHALL BE RETAINED FOR A PERIOD OF NOT LESS THAN TWO YEARS AND SHALL BE MADE AVAILABLE TO AGENCY EMPLOYEES FOR INSPECTION.

<-- (a) Duty of State Treasurer.--Not later than 180 days after the effective date of this section and each March 1 thereafter, the State Treasurer shall submit a report to the President pro tempore of the Senate and the Speaker of the House of Representatives and shall post the report on the Treasury 20250SB0381PN0328 - 5 - Department's publicly accessible Internet website.

The report 20250SB0381PN1101 - 7 - shall cover the prior calendar year.

§ 58A07.

ANNUAL REPORTING ON COMMONWEALTH-FUNDED ANIMAL <-- RESEARCH.

(A) APPLICABILITY.--THIS SECTION SHALL APPLY TO ANY COMMONWEALTH AGENCY OR INSTITUTION OF HIGHER EDUCATION THAT PROVIDES OR AUTHORIZES THE EXPENDITURE OF COMMONWEALTH FUNDS FOR A PROJECT OR PROGRAM INVOLVING THE USE OF ANIMAL SUBJECTS.

(B) REQUIRED DISCLOSURE.--ON OR BEFORE SEPTEMBER 1 OF EACH YEAR, EACH COMMONWEALTH AGENCY OR INSTITUTION OF HIGHER EDUCATION SUBJECT TO THIS SECTION SHALL SUBMIT A REPORT TO THE TREASURY DEPARTMENT CONTAINING THE FOLLOWING INFORMATION, COVERING ACTIVITIES FROM THE PRIOR CALENDAR YEAR:

(1) A DESCRIPTION OF EACH PROJECT OR PROGRAM INVOLVING 20250SB0381PN1101 - 8 - ANIMAL SUBJECTS THAT RECEIVED COMMONWEALTH FUNDS.

(2) THE TOTAL AMOUNT OF COMMONWEALTH FUNDS EXPENDED ON EACH PROJECT OR PROGRAM.

(3) THE ANIMAL SPECIES AND ESTIMATED NUMBER OF ANIMALS USED, IF KNOWN OR AVAILABLE.

(4) THE STATED RESEARCH PURPOSE OF THE PROJECT OR PROGRAM.

(5) ANY OTHER INFORMATION REQUESTED BY THE TREASURY DEPARTMENT UNDER SUBSECTION (D).

(C) RESPONSIBILITIES OF THE TREASURY DEPARTMENT.--ON OR BEFORE DECEMBER 1 OF EACH YEAR, THE TREASURY DEPARTMENT SHALL:

(1) COMPILE, SUMMARIZE AND ISSUE A REPORT BASED ON THE INFORMATION SUBMITTED UNDER SUBSECTION (B).

(2) TRANSMIT THE REPORT ISSUED UNDER PARAGRAPH (1) TO THE:

(I) PRESIDENT PRO TEMPORE OF THE SENATE;

(II) SPEAKER OF THE HOUSE OF REPRESENTATIVES;

(III) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE SENATE;

(IV) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES;

(V) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE SENATE;

AND (VI) CHAIRPERSON AND MINORITY CHAIRPERSON OF THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(3) POST THE REPORT ISSUED UNDER PARAGRAPH (1) ON THE PUBLICLY ACCESSIBLE INTERNET WEBSITE OF THE TREASURY DEPARTMENT.

20250SB0381PN1101 - 9 - (D) AUTHORITY OF THE TREASURY DEPARTMENT.--THE TREASURY DEPARTMENT MAY:

(1) PRESCRIBE THE FORM AND FORMAT FOR SUBMISSION OF AGENCY AND INSTITUTION OF HIGHER EDUCATION REPORTS;

AND (2) REQUEST ADDITIONAL INFORMATION NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE TREASURY DEPARTMENT UNDER THIS SECTION.

(E) COMPLIANCE AND ENFORCEMENT.--FAILURE OF A COMMONWEALTH AGENCY OR INSTITUTION OF HIGHER EDUCATION TO COMPLY WITH THIS SECTION MAY BE REFERRED TO THE ATTORNEY GENERAL.

FUTURE COMMONWEALTH FUNDING FOR NONCOMPLIANT RESEARCH PROJECTS MAY BE SUSPENDED BY LEGISLATIVE OR EXECUTIVE ACTION.

An institution of higher education, whether public or <-- private, in this Commonwealth that is a recipient of Commonwealth funds and uses animal subjects or other animals in research shall post on its publicly accessible Internet website, not later than April 1, 2026, a written report on animal research conducted on the animal subjects and other animals during the course of the prior calendar year.

20250SB0381PN0328 - 6 - (1) The total amount of money expended for animal research by the institution during the preceding calendar year, itemized by Federal, State, private and other revenue sources.

(2) A list of active animal research projects, including project titles, the department of the institution conducting the research, species of animals, number of animals, calendar 20250SB0381PN1101 - 10 - year cost, total cost to date, funding source and the start and end date of the project.

54 <-- (relating to transportation, sale, and handling of certain animals), the United States Public Health Policy on Humane Care and Use of Laboratory Animals and other applicable Federal, State and local law, regulations and policies governing animal research.

(4) (3) The number of animals by species adopted out <-- from research laboratories during the preceding calendar year to animal shelters or to animal rescue organizations, and the number of animals euthanized by the institution.

(5) Current roster for any institutional animal care and <-- use committee within the institution.

(6) (4) A detailed explanation of specific efforts by <-- the institution to refine, reduce and replace the use of animals in research during the preceding calendar year.

The use of 20250SB0381PN0328 - 7 - animals in research shall include animals used in scientific research, in testing and for experimentation purposes.

20250SB0381PN1101 - 11 - 58A13.

PenaltiesPenalties. (RESERVED).

<-- 58A20.

"ANIMAL"Animal SUBJECT."testing facility." A DOGfacility, ORincluding Aa CAT.private entity, State agency or an institution of higher education, that confines and uses dogs or cats for research, education, testing or other scientific or medical purposes.

<-- "Animal testing facility." A facility, including a private entity, State agency or an institution of higher education, that confines HOUSES and uses dogs or cats for research, education, <-- testing or other scientific or medical purposes.

20250SB0381PN0328 - 8 - (1) A kennel or facility subject to the Public Health Service Policy on Humane Care and Use of Laboratory Animals provided for under 42 U.S.C.

58 (relating to good laboratory practice for 20250SB0381PN1101 - 12 - nonclinical laboratory studies), 21 U.S.C.

"INSTITUTION OF HIGHER EDUCATION." A STATE-OWNED UNIVERSITY, <-- COMMUNITY COLLEGE OR STATE-RELATED INSTITUTION.

Prohibition on sale of dogs and cats bred by certain 20250SB0381PN0328 - 9 - persons.

Notwithstanding the provisions of section 908 of the Dog Law, a dealer or kennel may not sell or offer for sale, including a sale for research purposes, a dog or cat bred by a person who 20250SB0381PN1101 - 13 - has received any of the following from the United States Department of Agriculture as authorized under 7 U.S.C.

(a) Duties.-- (1) If any person, kennel or animal testing facility <-- specified under paragraph (2) does not have a need for a dog or cat in its possession and the dog or cat does not pose a health or safety risk to the public or the welfare of the dog or cat, the person, kennel or animal testing facility shall offer for release the dog or cat to a releasing agency for eventual adoption or for adoption through a private placement.

(1)(2) ANParagraph ANIMAL(1) TESTINGshall FACILITYapply SHALL,only AFTERto THEthe <--following: COMPLETION OF TESTING OR RESEARCH INVOLVING AN ANIMAL SUBJECT THAT DOES NOT REQUIRE EUTHANASIA OF THE ANIMAL SUBJECT UPON THE TERMINATION OF THE STUDY, AS DEFINED AND APPROVED BY THE RESEARCH OF TESTING PROTOCOL, ASSESS THE HEALTH OF THE ANIMAL SUBJECT AND DETERMINE WHETHER THE ANIMAL SUBJECT IS SUITABLE FOR ADOPTION.

THE(i) ATTENDINGA VETERINARIANperson ORwho DESIGNEEraises ATcats ANregulated 20250SB0381PN1101under -Federal 14law -as ANIMALresearch TESTINGanimals FACILITYor SHALLsells HAVEor THEtransfers SOLEcats AUTHORITYto TOan ASSESS20250SB0381PN0328 THE- ANIMAL10 SUBJECT- ANDanimal DETERMINEtesting WHETHERfacility. THE ANIMAL SUBJECT IS SUITABLE FOR ADOPTION.

(2) IF THE ANIMAL SUBJECT IS DETERMINED TO BE SUITABLE FOR ADOPTION, THE ANIMAL TESTING FACILITY SHALL OFFER THE ANIMAL SUBJECT FOR ADOPTION TO A RELEASING AGENCY OR THROUGH THE ANIMAL TESTING FACILITY'S ADOPTION PROGRAM TO A PRIVATE INDIVIDUAL.

(2) (3) Paragraph (1) shall apply only to the following:

<-- (i) A person who raises cats regulated under Federal law as research animals or sells or transfers cats to an animal testing facility.

(3) Any person, kennel or animal testing facility <-- subject to this subsection shall keep the offer for release under paragraph (1) available for a reasonable period of time for a duration of no less than 21 days before euthanizing a dog or cat specified under paragraph (1).

20250SB0381PN1101(d) -Annual 15reports.--Any -person, (4)kennel PRIORor TOanimal EUTHANIZINGtesting ANfacility ANIMALunder SUBJECT,subsection ANY(a) PERSON,shall <--annually KENNELsubmit ORa ANIMALreport TESTINGto FACILITYthe SUBJECTdepartment TOstating THISthe SUBSECTIONnumber SHALLof KEEPdogs THEand OFFERcats FORthat RELEASEwere UNDERadopted PARAGRAPHunder (1)subsection AVAILABLE(a) FORand Athe REASONABLEname PERIODof OFeach TIMEreleasing FORagency Autilized DURATIONby OFthe NOperson, LESSkennel THANor 30animal DAYS.testing facility.

NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE EUTHANIZING AN ANIMAL SUBJECT.

(5) ANY PERSON, KENNEL OR ANIMAL TESTING FACILITY MAY ENTER INTO AN AGREEMENT WITH A RELEASING AGENCY OF ITS CHOICE FOR COMPLIANCE WITH THIS SECTION.

(6) AN ANIMAL TESTING FACILITY, INCLUDING THE FACILITY'S EMPLOYEES, FACULTY, STAFF, AGENTS, CONTRACTORS AND REPRESENTATIVES, SHALL NOT BE LIABLE FOR HARM, INJURY, PROPERTY DAMAGE OR OTHER DAMAGE OR LOSS BY OR WHAT OTHERWISE RESULTS FROM THE ADOPTION OF AN ANIMAL SUBJECT, NOR FOR ANY ILLNESS OR DISEASE OR PHYSICAL OR BEHAVIORAL CONDITION OF AN ANIMAL SUBJECT PLACED, IN GOOD FAITH, FOR ADOPTION IN COMPLIANCE WITH THIS SECTION.

<-- (d) (B) Annual reports.--Any person, kennel or animal <-- testing facility under subsection (a) shall annually submit a report to the department stating the number of dogs and cats that were adopted under subsection (a) and the name of each releasing agency utilized by the person, kennel or animal testing facility.

54 20250SB0381PN0328 - 11 - (relating to transportation, sale, and handling of certain animals) or 18 U.S.C.

20250SB0381PN1101 - 16 - § 58A16.

(b) Records.--THERecords.--The RECORDSrecords REQUIREDunder TOsubsection BE(a) MAINTAINEDshall UNDERinclude <--all THISof SECTIONthe SHALLfollowing: BE RETAINED FOR A PERIOD OF TWO YEARS AND SHALL BE MADE AVAILABLE FOR INSPECTION ONLY UPON PRESENTATION OF A VALID SEARCH WARRANT, COURT ORDER OR SUBPOENA ISSUED BY A COURT OF COMPETENT JURISDICTION.

(1) The recordsname underand subsectionaddress (a)of shallthe includeperson allfrom ofwhom a dog or cat was purchased or acquired and the following:person's license or registration number if the person is licensed or registered under 7 U.S.C.

(1) The name and address of the person from whom a dog or cat was purchased or acquired and the person's license or 20250SB0381PN1101 - 17 - registration number if the person is licensed or registered under 7 U.S.C.

54 (relating to transportation, sale, and 20250SB0381PN0328 - 12 - handling of certain animals).

20250SB0381PN1101 - 18 - (10) The number of dogs or cats described under paragraph (9) that have been offered for transfer to a 20250SB0381PN0328 - 13 - releasing agency for eventual adoption or for adoption through private placement.

(c) Inspections.--A person or kennel under subsection (a) <-- shall ensure that the records under subsection (a) are legible and the records shall be open to inspection and may be copied by an employee of the department, State dog warden or police officer.

(C) RECORD PRODUCTION.--A PERSON SHALL NOT BE SUBJECT TO <-- PROSECUTION UNDER THIS SECTION SOLELY FOR DECLINING TO PRODUCE RECORDS OR DOCUMENTS UNLESS:

(1) THE PRODUCTION WAS ORDERED PURSUANT TO A VALID SEARCH WARRANT, COURT ORDER OR SUBPOENA;

AND (2) THE PERSON KNOWINGLY AND WILLFULLY FAILED TO COMPLY.

Any dealer, kennel, animal testing facility, private entity, State agency or institution of higher education subject to this subchapter shall be deemed to be an employer under the Whistleblower Law with regard to a good faith 20250SB0381PN1101 - 19 - report of a potential violation of this subchapter, the Dog Law or 7 U.S.C.

20250SB0381PN0328 - 14 - (1) The chair and minority chair of the Agriculture and Rural Affairs Committee of the Senate.

<-- A violation of this subchapter shall constitute a misdemeanor of the third degree.

(RESERVED).§ 58A20.

<-- § 58A20.

"Alternative test method or strategy." A test method, 20250SB0381PN1101 - 20 - including a new or revised method, that:

and (3) includes, but is not limited to, computational toxicology and bioinformatics, high-throughput screening methods, testing of categories of chemical substances, tiered 20250SB0381PN0328 - 15 - testing methods, in vitro studies and microphysiological systems.

"INSTITUTION OF HIGHER EDUCATION." A STATE-OWNED UNIVERSITY, <-- COMMUNITY COLLEGE OR STATE-RELATED INSTITUTION.

"Traditional animal test method." A process, procedure or experiment using animals to obtain information on the characteristics of a chemical, ingredient, drug, vaccine, product formulation or product and that generates information 20250SB0381PN1101 - 21 - regarding the ability of the chemical, ingredient, drug, vaccine, product formulation or product to produce a specific biological effect under specified conditions.

or 20250SB0381PN0328 - 16 - (2) made available or granted a waiver from the use of a traditional animal test method.

or <-- (4) prohibit the use of traditional animal test methods if needed to comply with a written request from a Federal or State agency in circumstances where the agency has approved 20250SB0381PN1101 - 22 - an alternative test method or strategy but also expressly concluded that a traditional animal test method is needed to fully assess the impacts on the health or safety of consumers.;consumers.

<-- (5) PROHIBIT THE USE OF TRADITIONAL ANIMAL TEST METHODS COMMENCED PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH IF THE METHODS ARE EMPLOYED SOLELY FOR THE COMPLETION OF THE SPECIFIC RESEARCH PROJECT;

OR (6) PROHIBIT THE USE OF A TRADITIONAL ANIMAL TEST METHOD THAT WAS INITIATED PRIOR TO AGENCY APPROVAL OF AN ALTERNATIVE TEST METHOD OR STRATEGY, IF THE TRADITIONAL ANIMAL TEST METHOD IS EMPLOYED SOLELY FOR THE COMPLETION OF THE SPECIFIC TEST.

The report under this section shall be 20250SB0381PN0328 - 17 - posted on each product testing facility's publicly accessible Internet website no later than 90 days following the submission of the report under this section to the department.

(4) The reason for using any traditional animal test methods, alternative test methods or strategies or waivers, including an explanation for why a traditional animal test 20250SB0381PN1101 - 23 - method was required.

Upon a violation of this subchapter or any rules, regulations <-- or orders issued under this subchapter, the Attorney General may institute a civil action in Commonwealth Court or in the court of common pleas of the judicial district in which the violation occurs for injunctive relief to restrain the violation and for such other relief as the court shall deem proper.

(A)Section CIVIL3. ACTION.--UPON A VIOLATION OF THIS SUBCHAPTER OR <-- ANY RULE, REGULATION OR ORDER ISSUED UNDER THIS SUBCHAPTER, THE ATTORNEY GENERAL MAY INSTITUTE A CIVIL ACTION IN COMMONWEALTH COURT OR IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT IN WHICH THE VIOLATION OCCURRED FOR INJUNCTIVE RELIEF TO RESTRAIN THE VIOLATION AND FOR OTHER RELIEF AS THE COURT SHALL DEEM PROPER.

NEITHER THE INSTITUTION OF THIS ACTION NOR ANY PROCEEDING RELATED TO THE ACTION SHALL RELIEVE ANY PARTY TO THE PROCEEDINGS FROM OTHER FINES OR PENALTIES PRESCRIBED FOR THE VIOLATION OF THIS SUBCHAPTER OR ANY RULE, REGULATION OR ORDER ISSUED UNDER THIS SUBCHAPTER.

(B) CONSTRUCTION.--NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED TO:

(1) PROVIDE A PRIVATE RIGHT OF ACTION TO ANY PERSON TO ENFORCE ANY PROVISION OF THIS SUBCHAPTER;

OR (2) CREATE A CAUSE OF ACTION AGAINST AN INSTITUTION OF HIGHER EDUCATION OR AN EMPLOYEE OF THE INSTITUTION FOR ANY CIVIL LIABILITY.

20250SB0381PN1101 - 24 - Section 3 2.

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