PRINTER'S NO. 991
No. 873 Session of 1989
INTRODUCED BY MURPHY, O'DONNELL, KUKOVICH, ROBINSON, MICOZZIE,
FOX, ITKIN, MICHLOVIC, TRELLO, BELARDI, CAWLEY, SAURMAN,
RYBAK, KOSINSKI, McVERRY, MAYERNIK, FREEMAN, RITTER AND
DeLUCA, APRIL 3, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, regulating animal research; and
3 providing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5511(l) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5511. Cruelty to animals.
9 * * *
10 (l) Search warrants.--Where a violation of this section is
11 alleged, any issuing authority may, in compliance with the
12 applicable provisions of the Pennsylvania Rules of Criminal
13 Procedure, issue to any police officer or any agent of any
14 society or association for the prevention of cruelty to animals
15 duly incorporated under the laws of this Commonwealth a search
16 warrant authorizing the search of any building or any enclosure
17 in which any violation of this section is occurring or has
1 occurred, and authorizing the seizure of evidence of the
2 violation including, but not limited to, the animals which were
3 the subject of the violation. Where an animal thus seized is
4 found to be neglected or starving, the police officer or agent
5 is authorized to provide such care as is reasonably necessary,
6 and where any animal thus seized is found to be disabled,
7 injured or diseased beyond reasonable hope of recovery, the
8 police officer or agent is authorized to provide for the humane
9 destruction of the animal. The cost of the keeping, care and
10 destruction of the animal shall be paid by the owner thereof and
11 claims for the costs shall constitute a lien upon the animal. In
12 addition to any other penalty provided by law, the authority
13 imposing sentence upon a conviction for any violation of this
14 section may require that the owner pay the cost of the keeping,
15 care and destruction of the animal. [No search warrant shall be
16 issued based upon an alleged violation of this section which
17 authorizes any police officer or agent or other person to enter
18 upon or search premises where scientific research work is being
19 conducted by, or under the supervision of, graduates of duly
20 accredited scientific schools or where biological products are
21 being produced for the care or prevention of disease.]
22 * * *
23 Section 2. Title 18 is amended by adding a section to read:
24 § 5511.1. Animal research facilities.
25 (a) License required.--No person, partnership, association
26 or corporation, institution or school shall act as a research
27 facility unless licensed for that purpose by the Secretary of
28 Agriculture, or by the Federal Laboratory Animal Welfare Act
29 (Public Law 89-544, 80 Stat. 350, 7 U.S.C. § 2131). The
30 secretary shall promulgate rules and regulations prescribing
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1 standards for issuing a license and prescribe a fee therefor.
2 (b) Regulations.--The secretary shall promulgate regulations
3 to govern humane handling, treatment and care by research
4 facilities and shall employ agents with authority to inspect
5 research facilities at reasonable hours, with or without prior
6 notice of inspection. The secretary shall require certification
7 of formal training for researchers, technicians and attendants
8 who directly handle live animals.
9 (c) Institutional care committee.--Each research facility
10 shall form an Institutional Animal Care Committee which shall
11 include representatives of the facility, including not less than
12 one member of the animal care staff, one member who is a State
13 enforcement agent responsible for inspection, and not less than
14 one member who is a representative of an incorporated humane or
15 animal welfare organization. The committee shall ensure that
16 animal care and facilities conform to Federal and State laws and
17 regulations, before, during and after their use.
18 (d) Prohibited tests.--A person may not subject a live
19 animal to an eye irritancy test, including the Draize eye
20 irritancy test, or use a live animal in an acute toxicity test,
21 including the L.D. 50 test, for purposes of testing cosmetics or
22 household products.
23 (e) Refusal to participate in experimentation.--No employee
24 or student who refuses to participate in experimentation,
25 research, or teaching methods involving dissection or
26 vivisection shall be penalized for refusal to participate based
27 upon the individuals fundamental beliefs.
28 (f) Penalty.--
29 (1) If the secretary has reason to believe that any
30 person licensed by this section has violated any provision of
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1 this section, or any of the rules, regulations or standards
2 promulgated by the secretary, he may temporarily suspend such
3 person's license, and, after notice and opportunity for a
4 hearing, may suspend the license for an additional period or
5 revoke the license, if such violation is determined to have
6 occurred.
7 (2) Any individual, institution or organization that
8 engages in research or experiments on live animals without a
9 valid license commits a misdemeanor of the third degree.
10 (g) Definitions.--As used in this section, the following
11 words and phrases shall have the meanings given to them in this
12 subsection:
13 "Animal." Any living vertebrate that is utilized or intended
14 for use in research, testing and teaching.
15 "Eye irritancy test." Any experiment involving the placing
16 of a substance in an animal's eye to measure its irritating
17 effects.
18 "Acute toxicity test." Any experiment involving the
19 administration to a live animal of a substance to screen for its
20 relative toxicity.
21 "Cosmetic."
22 (1) Articles intended to be rubbed, poured, sprinkled or
23 sprayed on, introduced into, or otherwise applied to the
24 human body or any part thereof, for cleansing, beautifying,
25 promoting attractiveness, or altering appearance.
26 (2) Articles intended for use as a component of any such
27 article.
28 "Household product." Any product containing chemicals and
29 commonly used in the home. Household products include, but are
30 not limited to, soaps, cleansers and sanitizers.
19890H0873B0991 - 4 -
1 "Research facility." Any individual, institution,
2 organization, elementary, secondary or postsecondary school that
3 uses or intends to use live animals in research tests or
4 experiments, purchases or transports live animals in commerce or
5 receives State funding, directly or indirectly, for research or
6 facility operations.
7 "Secretary." The Secretary of Agriculture of the
8 Commonwealth.
9 Section 3. Within 60 days of enactment of the provisions of
10 this act, the Governor shall appoint a review committee
11 consisting of representatives of research and humane
12 organizations, to review existing and proposed regulations. The
13 Secretary of Agriculture shall act as chairman of the committee.
14 Regulations shall be developed by the committee designed to
15 minimize the duplication of research, the use of live animals in
16 teaching, testing and research and to ensure humane treatment of
17 animals maintained in research, teaching and other facilities in
18 Pennsylvania.
19 Section 4. This act shall take effect as follows:
20 (1) Section 2 (Section 5511.1(d)) shall take effect one
21 year from the date of enactment.
22 (2) The remainder of this act shall take effect in 60
23 days.
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