Introduced Version
HOUSE BILL No. 1292
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 15-17-3-13; IC 15-22; IC 34-30-2.1-195.2.
Synopsis: Regulation of animal testing. Prohibits the use of state funds
for painful dog and cat research. Requires research facilities to offer for
adoption dogs or cats no longer required for research purposes.
Requires the state board of animal health to: (1) establish a registry of
research facilities that use live animals for research and testing; and (2)
track the number of live animals used for research or testing at each
research facility.
Effective: July 1, 2024.
Campbell, Errington
January 9, 2024, read first time and referred to Committee on Agriculture and Rural
Development.
2024 IN 1292—LS 6444/DI 150 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1292
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 15-17-3-13, AS AMENDED BY P.L.41-2021,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 13. In addition to the powers and duties given the
4 board in this article and by law, the board has the powers and duties
5 reasonable and necessary to do the following:
6 (1) Provide for the quarantine of animals and objects to prevent,
7 control, and eradicate diseases and pests of animals.
8 (2) Develop, adopt, and implement programs and procedures for
9 establishing and maintaining accredited, certified, validated, or
10 designated disease or pest free or disease or pest monitored
11 animals, herds, flocks, or areas, including the following:
12 (A) The establishment and maintenance of herds that are
13 monitored for disease or pest syndromes.
14 (B) The establishment and maintenance of certified or
15 validated brucellosis free herds, animals, and areas.
16 (C) The establishment and maintenance of accredited
17 tuberculosis free herds, animals, and areas.
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1 (3) Develop, adopt, and implement programs and plans for the
2 prevention, detection, control, and eradication of diseases and
3 pests of animals.
4 (4) Control or prohibit, by permit or other means, the movement
5 and transportation into, out of, or within Indiana of animals and
6 objects in order to prevent, detect, control, or eradicate diseases
7 and pests of animals. When implementing controls or
8 prohibitions, the board may consider whether animals or objects
9 are diseased, suspected to be diseased, or under quarantine, or
10 whether the animals or objects originated from a country, a state,
11 an area, or a premises that is known or suspected to harbor
12 animals or objects infected with or exposed to a disease or pest of
13 animals.
14 (5) Control or prohibit the public and private sale of animals and
15 objects in order to prevent the spread of disease and pests of
16 animals.
17 (6) Control the use, sanitation, and disinfection of:
18 (A) public stockyards; and
19 (B) vehicles used to transport animals and objects into and
20 within Indiana;
21 to accomplish the objectives of this article.
22 (7) Control the use, sanitation, and disinfection of premises,
23 facilities, and equipment to accomplish the objectives of this
24 article.
25 (8) Control the movement of animals and objects to, from, and
26 within premises where diseases or pests of animals may exist.
27 (9) Control the movement and disposal of carcasses of animals
28 and objects.
29 (10) Control the manufacture, sale, storage, distribution, handling,
30 and use of serums, vaccines, and other biologics and veterinary
31 drugs, except those drugs for human consumption regulated under
32 IC 16-42-19, to be used for the prevention, detection, control, and
33 eradication of disease and pests of animals.
34 (11) Control and prescribe the means, methods, and procedures
35 for the vaccination or other treatment of animals and objects and
36 the conduct of tests for diseases and pests of animals.
37 (12) Develop, adopt, and implement plans and programs for the
38 identification of animals, objects, premises, and means of
39 conveyances. Plans and programs may include identification:
40 (A) of animals or objects that have been condemned under this
41 article; and
42 (B) related to classification as to disease, testing, vaccination,
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1 or treatment status.
2 (13) Establish the terms and method of appraisal or other
3 determination of value of animals and objects condemned under
4 this article, the payment of any indemnities that may be provided
5 for the animals and objects, and the regulation of the sale or other
6 disposition of the animals or objects.
7 (14) Control the sale of baby chicks.
8 (15) Cooperate and enter into agreements with the appropriate
9 departments and agencies of this state, any other state, or the
10 federal government to prevent, detect, control, and eradicate
11 diseases and pests of animals.
12 (16) Control or prohibit the movement and transportation into, out
13 of, or within Indiana of wild animals, including birds, that might
14 carry or disseminate diseases or pests of animals.
15 (17) Provide for condemning or abating conditions that cause,
16 aggravate, spread, or harbor diseases or pests of animals.
17 (18) Establish and designate, in addition to the animal disease
18 diagnostic laboratory under IC 21-46-3-1, other laboratories
19 necessary to make tests of any nature for diseases and pests of
20 animals.
21 (19) Investigate, develop, and implement the best methods for the
22 prevention, detection, control, suppression, or eradication of
23 diseases and pests of animals.
24 (20) Investigate, gather, and compile information concerning the
25 organization, business conduct, practices, and management of any
26 registrant, licensee, permittee, applicant for a license, or applicant
27 for a permit.
28 (21) Investigate allegations of unregistered, unlicensed, and
29 unpermitted activities.
30 (22) Institute legal action in the name of the state of Indiana
31 necessary to enforce:
32 (A) the board's orders and rules; and
33 (B) this article.
34 (23) Control the collection, transportation, and cooking of garbage
35 to be fed to swine or other animals and all matters of sanitation
36 relating to the collection, transportation, and cooking of garbage
37 affecting the health of swine or other animals and affecting public
38 health and comfort.
39 (24) Adopt an appropriate seal.
40 (25) Issue orders as an aid to enforcement of the powers granted
41 by this article, IC 15-18-1, and IC 15-19-6.
42 (26) Control disposal plants and byproducts collection services
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1 and all matters connected to disposal plants and byproducts
2 collection services.
3 (27) Abate biological or chemical substances that:
4 (A) remain in or on any animal before or at the time of
5 slaughter as a result of treatment or exposure; and
6 (B) are found by the board to be or have the potential of being
7 injurious to the health of animals or humans.
8 (28) Regulate the production, manufacture, processing, and
9 distribution of products derived from animals to control health
10 hazards that may threaten:
11 (A) animal health;
12 (B) the public health and welfare of the citizens of Indiana;
13 and
14 (C) the trade in animals and animal products in and from
15 Indiana.
16 (29) Cooperate and coordinate with animal owners, law
17 enforcement, and local, state, and federal emergency management
18 agencies to plan for, prepare for, respond to, and recover from all
19 hazard emergencies in Indiana.
20 (30) Assist law enforcement agencies investigating allegations of
21 cruelty and neglect of animals.
22 (31) Assist organizations that represent livestock and poultry
23 producers with issues and programs related to the care of
24 livestock and poultry.
25 (32) Establish a registry of commercial dog brokers and
26 commercial dog breeders in Indiana.
27 (33) Establish a registry of animal care facilities (as defined in
28 IC 15-20-4-1).
29 (34) Establish a registry of research facilities (as defined in
30 IC 15-22-1-7) that use live animals for research and testing.
31 (35) Collect the number of live animals used for research or
32 testing at each research facility (as defined in IC 15-22-1-7).
33 SECTION 2. IC 15-22 IS ADDED TO THE INDIANA CODE AS
34 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
35 2024]:
36 ARTICLE 22. REGULATION OF ANIMAL TESTING
37 Chapter 1. Definitions
38 Sec. 1. As used in this article, "alternative test method" means
39 a test method that does not use animals.
40 Sec. 2. As used in this article, "animal" means all vertebrate
41 species, except for humans.
42 Sec. 3. As used in this article, "cat" means a small domesticated
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1 carnivorous mammal that is a member of the family Felidae.
2 Sec. 4. (a) As used in this article, "devocalize" means the process
3 of performing a surgical procedure to:
4 (1) cut;
5 (2) notch;
6 (3) punch;
7 (4) abrade;
8 (5) laser;
9 (6) suture; or
10 (7) otherwise physically alter;
11 the vocal apparatus of an animal with the intent of altering,
12 reducing, or eliminating vocal sounds produced by the animal.
13 (b) The term includes:
14 (1) debarking;
15 (2) devoicing;
16 (3) silencing;
17 (4) ventriculocordectomy;
18 (5) vocal cordectomy;
19 (6) bark reduction; and
20 (7) bark softening.
21 Sec. 5. As used in this article, "dog" means any member of the
22 species Canis familiaris.
23 Sec. 6. As used in this article, "medically unnecessary" means
24 not carried out solely for the better:
25 (1) health;
26 (2) welfare; or
27 (3) safety;
28 of the dog or cat.
29 Sec. 7. (a) As used in this article, "research facility" means a
30 privately or government owned, leased, or operated:
31 (1) partnership;
32 (2) corporation;
33 (3) association;
34 (4) school;
35 (5) institution; or
36 (6) organization;
37 located in Indiana that uses animals for experimentation or
38 research or that tests chemical substances, ingredients, drugs,
39 medical devices, vaccines, products, or product formulations on
40 animals.
41 (b) The term includes a facility that carries out biomedical
42 research or educational research.
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1 (c) The term does not include a:
2 (1) partnership;
3 (2) corporation;
4 (3) association;
5 (4) school;
6 (5) institution; or
7 (6) organization;
8 that primarily provides veterinary services to an animal.
9 Sec. 8. As used in this article, "state funds" means money of a
10 fund or account in the state treasury.
11 Sec. 9. As used in this article, "traditional animal test method"
12 means a process or procedure that uses animals to obtain
13 information on the characteristics of:
14 (1) a chemical substance;
15 (2) an ingredient;
16 (3) a drug;
17 (4) a medical device;
18 (5) a vaccine;
19 (6) a product;
20 (7) a product formulation; or
21 (8) a chemical or agent;
22 that generates information regarding the ability of a chemical or
23 agent to produce a specific biological effect under specified
24 conditions.
25 Sec. 10. As used in this article, "waiver" means guidance issued
26 by a federal:
27 (1) agency; or
28 (2) program within an agency;
29 responsible for regulating a specific product being studied that
30 allows a research facility to forego the use of a traditional animal
31 test method.
32 Chapter 2. Prohibiting the Use of State Funds for Painful Dog
33 and Cat Research
34 Sec. 1. (a) Subject to subsection (b), a research facility is
35 prohibited from using state funds to directly support medically
36 unnecessary research on animal subjects that is classified under
37 pain and distress categories D or E by the United States
38 Department of Agriculture.
39 (b) Subsection (a) does not apply to the direct funding of
40 research for the following:
41 (1) Construction or maintenance of facilities.
42 (2) The purchase or maintenance of general use equipment.
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1 (3) Overhead costs.
2 (4) Capital improvements.
3 (5) Faculty or employee salaries.
4 Sec. 2. A research facility shall not do the following:
5 (1) Devocalize an animal.
6 (2) Procure for use an animal that has undergone
7 devocalization.
8 (3) Conduct research on animal subjects that have undergone
9 devocalization.
10 Chapter 3. Offering for Adoption Dogs or Cats That Are No
11 Longer Required for Research
12 Sec. 1. (a) Before euthanizing a dog or cat that is no longer
13 required for research purposes, a research facility located in
14 Indiana shall offer the dog or cat for adoption to an animal
15 protection shelter or association for the prevention of cruelty to
16 animals, unless euthanizing the dog or cat is required for health or
17 safety reasons.
18 (b) A research facility may enter into a collaborative agreement
19 with an animal protection shelter or association for the prevention
20 of cruelty to animals for the purpose of carrying out the provisions
21 of subsection (a).
22 (c) A research facility that provides a dog or cat to an animal
23 protection shelter or association for the prevention of cruelty to
24 animals under subsection (a) is immune from civil liability for
25 injury or damage resulting from the transfer of the dog or cat if
26 the facility acted in good faith concerning the health and physical
27 condition of the dog or cat.
28 Sec. 2. A research facility that uses dogs and cats for research
29 or testing shall, not later than January 31 of each year, submit to
30 the state board of animal health a report that includes the
31 following information for the preceding year:
32 (1) The total number of dogs and cats owned by a facility.
33 (2) The total number of dogs and cats that are used for
34 research conducted at a facility.
35 (3) The total number of dogs and cats released by a facility to
36 an animal protection shelter or association for the prevention
37 of cruelty to animals for the purpose of adoption.
38 (4) The name and address of each animal protection shelter or
39 association for the prevention of cruelty to animals to which
40 a dog or cat was released by a facility for the purpose of
41 adoption.
42 Chapter 4. Reporting on the Use of Animals for Research and
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1 Testing
2 Sec. 1. Not later than January 31 of each year, a research
3 facility that uses live animals for research, education, or testing
4 shall submit to the state board of animal health, on forms approved
5 by the board, the following information for the previous calendar
6 year:
7 (1) The species of animals owned or maintained and used by
8 the research facility.
9 (2) The total number of animals per species in each of the
10 following categories of pain and distress:
11 (A) Animals upon which teaching, experiments, research,
12 or tests were conducted involving no pain, distress, or use
13 of pain relieving drugs, including routine procedures such
14 as injections, tattooing, or blood sampling.
15 (B) Animals upon which teaching, experiments, research,
16 surgery, or tests were conducted involving accompanying
17 pain or distress to the animals and for which appropriate
18 anesthetic, analgesic, or tranquilizing drugs were used.
19 (C) Animals upon which teaching, experiments, research,
20 surgery, or tests were conducted involving accompanying
21 pain or distress to the animals and for which the use of
22 appropriate anesthetic, analgesic, or tranquilizing drugs
23 would have adversely affected the procedures, results, or
24 interpretation of the teaching, experiments, research
25 surgery, or tests.
26 (D) Animals that were bred, conditioned, or held for use in
27 teaching, experiments, research, surgery, or testing but not
28 yet used for such purposes.
29 (3) The total number of animals per species used for each of
30 the following purposes:
31 (A) Studies of a fundamental nature in science relating to
32 essential structures, functions, or disease processes.
33 (B) Research, development, and efficacy testing of
34 treatments, products, or devices for human medicine and
35 dentistry, and for veterinary medicine, excluding
36 toxicological and other safety evaluations described in
37 clause (C).
38 (C) Toxicological and other safety evaluations, including
39 safety evaluations of chemicals, pesticides, food additives
40 and products, and devices for human medicine, human
41 dentistry, and veterinary medicine.
42 (D) Quality control of products and devices for human
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1 medicine or veterinary medicine.
2 (E) Education and training of scientists or health care
3 providers.
4 (4) The following information on the use and purpose of
5 alternative test methods and strategies:
6 (A) The type and number of alternative test methods or
7 strategies used.
8 (B) The number of waivers used.
9 (C) The purpose of the alternative test methods or
10 strategies and waivers.
11 (D) The percentage of funds expended by the research
12 facility on research and testing that:
13 (i) involved the use of animals; and
14 (ii) did not involve the use of animals.
15 (E) A plan outlining how the research facility will reduce
16 the use of animals in research and testing that includes an
17 estimate of the percentage reduction of such use over the
18 next ten (10) years.
19 (5) The state board of animal health may request additional
20 information from a research facility that the board
21 determines necessary.
22 SECTION 3. IC 34-30-2.1-195.2 IS ADDED TO THE INDIANA
23 CODE AS A NEW SECTION TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2024]: Sec. 195.2. IC 15-22-3-1(c)
25 (Concerning a research facility providing a dog or cat to an animal
26 protection shelter or association for the prevention of cruelty to
27 animals).
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