Indiana 2024 Regular Session

Indiana House Bill HB1292 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1292
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 15-17-3-13; IC 15-22; IC 34-30-2.1-195.2.
7	7	Synopsis: Regulation of animal testing. Prohibits the use of state funds
8	8	for painful dog and cat research. Requires research facilities to offer for
9	9	adoption dogs or cats no longer required for research purposes.
10	10	Requires the state board of animal health to: (1) establish a registry of
11	11	research facilities that use live animals for research and testing; and (2)
12	12	track the number of live animals used for research or testing at each
13	13	research facility.
14	14	Effective: July 1, 2024.
15	15	Campbell, Errington
16	16	January 9, 2024, read first time and referred to Committee on Agriculture and Rural
17	17	Development.
18	18	2024 IN 1292—LS 6444/DI 150 Introduced
19	19	Second Regular Session of the 123rd General Assembly (2024)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2023 Regular Session of the General Assembly.
29	29	HOUSE BILL No. 1292
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	agriculture and animals.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 15-17-3-13, AS AMENDED BY P.L.41-2021,
34	34	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35	35	3 JULY 1, 2024]: Sec. 13. In addition to the powers and duties given the
36	36	4 board in this article and by law, the board has the powers and duties
37	37	5 reasonable and necessary to do the following:
38	38	6 (1) Provide for the quarantine of animals and objects to prevent,
39	39	7 control, and eradicate diseases and pests of animals.
40	40	8 (2) Develop, adopt, and implement programs and procedures for
41	41	9 establishing and maintaining accredited, certified, validated, or
42	42	10 designated disease or pest free or disease or pest monitored
43	43	11 animals, herds, flocks, or areas, including the following:
44	44	12 (A) The establishment and maintenance of herds that are
45	45	13 monitored for disease or pest syndromes.
46	46	14 (B) The establishment and maintenance of certified or
47	47	15 validated brucellosis free herds, animals, and areas.
48	48	16 (C) The establishment and maintenance of accredited
49	49	17 tuberculosis free herds, animals, and areas.
50	50	2024 IN 1292—LS 6444/DI 150 2
51	51	1 (3) Develop, adopt, and implement programs and plans for the
52	52	2 prevention, detection, control, and eradication of diseases and
53	53	3 pests of animals.
54	54	4 (4) Control or prohibit, by permit or other means, the movement
55	55	5 and transportation into, out of, or within Indiana of animals and
56	56	6 objects in order to prevent, detect, control, or eradicate diseases
57	57	7 and pests of animals. When implementing controls or
58	58	8 prohibitions, the board may consider whether animals or objects
59	59	9 are diseased, suspected to be diseased, or under quarantine, or
60	60	10 whether the animals or objects originated from a country, a state,
61	61	11 an area, or a premises that is known or suspected to harbor
62	62	12 animals or objects infected with or exposed to a disease or pest of
63	63	13 animals.
64	64	14 (5) Control or prohibit the public and private sale of animals and
65	65	15 objects in order to prevent the spread of disease and pests of
66	66	16 animals.
67	67	17 (6) Control the use, sanitation, and disinfection of:
68	68	18 (A) public stockyards; and
69	69	19 (B) vehicles used to transport animals and objects into and
70	70	20 within Indiana;
71	71	21 to accomplish the objectives of this article.
72	72	22 (7) Control the use, sanitation, and disinfection of premises,
73	73	23 facilities, and equipment to accomplish the objectives of this
74	74	24 article.
75	75	25 (8) Control the movement of animals and objects to, from, and
76	76	26 within premises where diseases or pests of animals may exist.
77	77	27 (9) Control the movement and disposal of carcasses of animals
78	78	28 and objects.
79	79	29 (10) Control the manufacture, sale, storage, distribution, handling,
80	80	30 and use of serums, vaccines, and other biologics and veterinary
81	81	31 drugs, except those drugs for human consumption regulated under
82	82	32 IC 16-42-19, to be used for the prevention, detection, control, and
83	83	33 eradication of disease and pests of animals.
84	84	34 (11) Control and prescribe the means, methods, and procedures
85	85	35 for the vaccination or other treatment of animals and objects and
86	86	36 the conduct of tests for diseases and pests of animals.
87	87	37 (12) Develop, adopt, and implement plans and programs for the
88	88	38 identification of animals, objects, premises, and means of
89	89	39 conveyances. Plans and programs may include identification:
90	90	40 (A) of animals or objects that have been condemned under this
91	91	41 article; and
92	92	42 (B) related to classification as to disease, testing, vaccination,
93	93	2024 IN 1292—LS 6444/DI 150 3
94	94	1 or treatment status.
95	95	2 (13) Establish the terms and method of appraisal or other
96	96	3 determination of value of animals and objects condemned under
97	97	4 this article, the payment of any indemnities that may be provided
98	98	5 for the animals and objects, and the regulation of the sale or other
99	99	6 disposition of the animals or objects.
100	100	7 (14) Control the sale of baby chicks.
101	101	8 (15) Cooperate and enter into agreements with the appropriate
102	102	9 departments and agencies of this state, any other state, or the
103	103	10 federal government to prevent, detect, control, and eradicate
104	104	11 diseases and pests of animals.
105	105	12 (16) Control or prohibit the movement and transportation into, out
106	106	13 of, or within Indiana of wild animals, including birds, that might
107	107	14 carry or disseminate diseases or pests of animals.
108	108	15 (17) Provide for condemning or abating conditions that cause,
109	109	16 aggravate, spread, or harbor diseases or pests of animals.
110	110	17 (18) Establish and designate, in addition to the animal disease
111	111	18 diagnostic laboratory under IC 21-46-3-1, other laboratories
112	112	19 necessary to make tests of any nature for diseases and pests of
113	113	20 animals.
114	114	21 (19) Investigate, develop, and implement the best methods for the
115	115	22 prevention, detection, control, suppression, or eradication of
116	116	23 diseases and pests of animals.
117	117	24 (20) Investigate, gather, and compile information concerning the
118	118	25 organization, business conduct, practices, and management of any
119	119	26 registrant, licensee, permittee, applicant for a license, or applicant
120	120	27 for a permit.
121	121	28 (21) Investigate allegations of unregistered, unlicensed, and
122	122	29 unpermitted activities.
123	123	30 (22) Institute legal action in the name of the state of Indiana
124	124	31 necessary to enforce:
125	125	32 (A) the board's orders and rules; and
126	126	33 (B) this article.
127	127	34 (23) Control the collection, transportation, and cooking of garbage
128	128	35 to be fed to swine or other animals and all matters of sanitation
129	129	36 relating to the collection, transportation, and cooking of garbage
130	130	37 affecting the health of swine or other animals and affecting public
131	131	38 health and comfort.
132	132	39 (24) Adopt an appropriate seal.
133	133	40 (25) Issue orders as an aid to enforcement of the powers granted
134	134	41 by this article, IC 15-18-1, and IC 15-19-6.
135	135	42 (26) Control disposal plants and byproducts collection services
136	136	2024 IN 1292—LS 6444/DI 150 4
137	137	1 and all matters connected to disposal plants and byproducts
138	138	2 collection services.
139	139	3 (27) Abate biological or chemical substances that:
140	140	4 (A) remain in or on any animal before or at the time of
141	141	5 slaughter as a result of treatment or exposure; and
142	142	6 (B) are found by the board to be or have the potential of being
143	143	7 injurious to the health of animals or humans.
144	144	8 (28) Regulate the production, manufacture, processing, and
145	145	9 distribution of products derived from animals to control health
146	146	10 hazards that may threaten:
147	147	11 (A) animal health;
148	148	12 (B) the public health and welfare of the citizens of Indiana;
149	149	13 and
150	150	14 (C) the trade in animals and animal products in and from
151	151	15 Indiana.
152	152	16 (29) Cooperate and coordinate with animal owners, law
153	153	17 enforcement, and local, state, and federal emergency management
154	154	18 agencies to plan for, prepare for, respond to, and recover from all
155	155	19 hazard emergencies in Indiana.
156	156	20 (30) Assist law enforcement agencies investigating allegations of
157	157	21 cruelty and neglect of animals.
158	158	22 (31) Assist organizations that represent livestock and poultry
159	159	23 producers with issues and programs related to the care of
160	160	24 livestock and poultry.
161	161	25 (32) Establish a registry of commercial dog brokers and
162	162	26 commercial dog breeders in Indiana.
163	163	27 (33) Establish a registry of animal care facilities (as defined in
164	164	28 IC 15-20-4-1).
165	165	29 (34) Establish a registry of research facilities (as defined in
166	166	30 IC 15-22-1-7) that use live animals for research and testing.
167	167	31 (35) Collect the number of live animals used for research or
168	168	32 testing at each research facility (as defined in IC 15-22-1-7).
169	169	33 SECTION 2. IC 15-22 IS ADDED TO THE INDIANA CODE AS
170	170	34 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
171	171	35 2024]:
172	172	36 ARTICLE 22. REGULATION OF ANIMAL TESTING
173	173	37 Chapter 1. Definitions
174	174	38 Sec. 1. As used in this article, "alternative test method" means
175	175	39 a test method that does not use animals.
176	176	40 Sec. 2. As used in this article, "animal" means all vertebrate
177	177	41 species, except for humans.
178	178	42 Sec. 3. As used in this article, "cat" means a small domesticated
179	179	2024 IN 1292—LS 6444/DI 150 5
180	180	1 carnivorous mammal that is a member of the family Felidae.
181	181	2 Sec. 4. (a) As used in this article, "devocalize" means the process
182	182	3 of performing a surgical procedure to:
183	183	4 (1) cut;
184	184	5 (2) notch;
185	185	6 (3) punch;
186	186	7 (4) abrade;
187	187	8 (5) laser;
188	188	9 (6) suture; or
189	189	10 (7) otherwise physically alter;
190	190	11 the vocal apparatus of an animal with the intent of altering,
191	191	12 reducing, or eliminating vocal sounds produced by the animal.
192	192	13 (b) The term includes:
193	193	14 (1) debarking;
194	194	15 (2) devoicing;
195	195	16 (3) silencing;
196	196	17 (4) ventriculocordectomy;
197	197	18 (5) vocal cordectomy;
198	198	19 (6) bark reduction; and
199	199	20 (7) bark softening.
200	200	21 Sec. 5. As used in this article, "dog" means any member of the
201	201	22 species Canis familiaris.
202	202	23 Sec. 6. As used in this article, "medically unnecessary" means
203	203	24 not carried out solely for the better:
204	204	25 (1) health;
205	205	26 (2) welfare; or
206	206	27 (3) safety;
207	207	28 of the dog or cat.
208	208	29 Sec. 7. (a) As used in this article, "research facility" means a
209	209	30 privately or government owned, leased, or operated:
210	210	31 (1) partnership;
211	211	32 (2) corporation;
212	212	33 (3) association;
213	213	34 (4) school;
214	214	35 (5) institution; or
215	215	36 (6) organization;
216	216	37 located in Indiana that uses animals for experimentation or
217	217	38 research or that tests chemical substances, ingredients, drugs,
218	218	39 medical devices, vaccines, products, or product formulations on
219	219	40 animals.
220	220	41 (b) The term includes a facility that carries out biomedical
221	221	42 research or educational research.
222	222	2024 IN 1292—LS 6444/DI 150 6
223	223	1 (c) The term does not include a:
224	224	2 (1) partnership;
225	225	3 (2) corporation;
226	226	4 (3) association;
227	227	5 (4) school;
228	228	6 (5) institution; or
229	229	7 (6) organization;
230	230	8 that primarily provides veterinary services to an animal.
231	231	9 Sec. 8. As used in this article, "state funds" means money of a
232	232	10 fund or account in the state treasury.
233	233	11 Sec. 9. As used in this article, "traditional animal test method"
234	234	12 means a process or procedure that uses animals to obtain
235	235	13 information on the characteristics of:
236	236	14 (1) a chemical substance;
237	237	15 (2) an ingredient;
238	238	16 (3) a drug;
239	239	17 (4) a medical device;
240	240	18 (5) a vaccine;
241	241	19 (6) a product;
242	242	20 (7) a product formulation; or
243	243	21 (8) a chemical or agent;
244	244	22 that generates information regarding the ability of a chemical or
245	245	23 agent to produce a specific biological effect under specified
246	246	24 conditions.
247	247	25 Sec. 10. As used in this article, "waiver" means guidance issued
248	248	26 by a federal:
249	249	27 (1) agency; or
250	250	28 (2) program within an agency;
251	251	29 responsible for regulating a specific product being studied that
252	252	30 allows a research facility to forego the use of a traditional animal
253	253	31 test method.
254	254	32 Chapter 2. Prohibiting the Use of State Funds for Painful Dog
255	255	33 and Cat Research
256	256	34 Sec. 1. (a) Subject to subsection (b), a research facility is
257	257	35 prohibited from using state funds to directly support medically
258	258	36 unnecessary research on animal subjects that is classified under
259	259	37 pain and distress categories D or E by the United States
260	260	38 Department of Agriculture.
261	261	39 (b) Subsection (a) does not apply to the direct funding of
262	262	40 research for the following:
263	263	41 (1) Construction or maintenance of facilities.
264	264	42 (2) The purchase or maintenance of general use equipment.
265	265	2024 IN 1292—LS 6444/DI 150 7
266	266	1 (3) Overhead costs.
267	267	2 (4) Capital improvements.
268	268	3 (5) Faculty or employee salaries.
269	269	4 Sec. 2. A research facility shall not do the following:
270	270	5 (1) Devocalize an animal.
271	271	6 (2) Procure for use an animal that has undergone
272	272	7 devocalization.
273	273	8 (3) Conduct research on animal subjects that have undergone
274	274	9 devocalization.
275	275	10 Chapter 3. Offering for Adoption Dogs or Cats That Are No
276	276	11 Longer Required for Research
277	277	12 Sec. 1. (a) Before euthanizing a dog or cat that is no longer
278	278	13 required for research purposes, a research facility located in
279	279	14 Indiana shall offer the dog or cat for adoption to an animal
280	280	15 protection shelter or association for the prevention of cruelty to
281	281	16 animals, unless euthanizing the dog or cat is required for health or
282	282	17 safety reasons.
283	283	18 (b) A research facility may enter into a collaborative agreement
284	284	19 with an animal protection shelter or association for the prevention
285	285	20 of cruelty to animals for the purpose of carrying out the provisions
286	286	21 of subsection (a).
287	287	22 (c) A research facility that provides a dog or cat to an animal
288	288	23 protection shelter or association for the prevention of cruelty to
289	289	24 animals under subsection (a) is immune from civil liability for
290	290	25 injury or damage resulting from the transfer of the dog or cat if
291	291	26 the facility acted in good faith concerning the health and physical
292	292	27 condition of the dog or cat.
293	293	28 Sec. 2. A research facility that uses dogs and cats for research
294	294	29 or testing shall, not later than January 31 of each year, submit to
295	295	30 the state board of animal health a report that includes the
296	296	31 following information for the preceding year:
297	297	32 (1) The total number of dogs and cats owned by a facility.
298	298	33 (2) The total number of dogs and cats that are used for
299	299	34 research conducted at a facility.
300	300	35 (3) The total number of dogs and cats released by a facility to
301	301	36 an animal protection shelter or association for the prevention
302	302	37 of cruelty to animals for the purpose of adoption.
303	303	38 (4) The name and address of each animal protection shelter or
304	304	39 association for the prevention of cruelty to animals to which
305	305	40 a dog or cat was released by a facility for the purpose of
306	306	41 adoption.
307	307	42 Chapter 4. Reporting on the Use of Animals for Research and
308	308	2024 IN 1292—LS 6444/DI 150 8
309	309	1 Testing
310	310	2 Sec. 1. Not later than January 31 of each year, a research
311	311	3 facility that uses live animals for research, education, or testing
312	312	4 shall submit to the state board of animal health, on forms approved
313	313	5 by the board, the following information for the previous calendar
314	314	6 year:
315	315	7 (1) The species of animals owned or maintained and used by
316	316	8 the research facility.
317	317	9 (2) The total number of animals per species in each of the
318	318	10 following categories of pain and distress:
319	319	11 (A) Animals upon which teaching, experiments, research,
320	320	12 or tests were conducted involving no pain, distress, or use
321	321	13 of pain relieving drugs, including routine procedures such
322	322	14 as injections, tattooing, or blood sampling.
323	323	15 (B) Animals upon which teaching, experiments, research,
324	324	16 surgery, or tests were conducted involving accompanying
325	325	17 pain or distress to the animals and for which appropriate
326	326	18 anesthetic, analgesic, or tranquilizing drugs were used.
327	327	19 (C) Animals upon which teaching, experiments, research,
328	328	20 surgery, or tests were conducted involving accompanying
329	329	21 pain or distress to the animals and for which the use of
330	330	22 appropriate anesthetic, analgesic, or tranquilizing drugs
331	331	23 would have adversely affected the procedures, results, or
332	332	24 interpretation of the teaching, experiments, research
333	333	25 surgery, or tests.
334	334	26 (D) Animals that were bred, conditioned, or held for use in
335	335	27 teaching, experiments, research, surgery, or testing but not
336	336	28 yet used for such purposes.
337	337	29 (3) The total number of animals per species used for each of
338	338	30 the following purposes:
339	339	31 (A) Studies of a fundamental nature in science relating to
340	340	32 essential structures, functions, or disease processes.
341	341	33 (B) Research, development, and efficacy testing of
342	342	34 treatments, products, or devices for human medicine and
343	343	35 dentistry, and for veterinary medicine, excluding
344	344	36 toxicological and other safety evaluations described in
345	345	37 clause (C).
346	346	38 (C) Toxicological and other safety evaluations, including
347	347	39 safety evaluations of chemicals, pesticides, food additives
348	348	40 and products, and devices for human medicine, human
349	349	41 dentistry, and veterinary medicine.
350	350	42 (D) Quality control of products and devices for human
351	351	2024 IN 1292—LS 6444/DI 150 9
352	352	1 medicine or veterinary medicine.
353	353	2 (E) Education and training of scientists or health care
354	354	3 providers.
355	355	4 (4) The following information on the use and purpose of
356	356	5 alternative test methods and strategies:
357	357	6 (A) The type and number of alternative test methods or
358	358	7 strategies used.
359	359	8 (B) The number of waivers used.
360	360	9 (C) The purpose of the alternative test methods or
361	361	10 strategies and waivers.
362	362	11 (D) The percentage of funds expended by the research
363	363	12 facility on research and testing that:
364	364	13 (i) involved the use of animals; and
365	365	14 (ii) did not involve the use of animals.
366	366	15 (E) A plan outlining how the research facility will reduce
367	367	16 the use of animals in research and testing that includes an
368	368	17 estimate of the percentage reduction of such use over the
369	369	18 next ten (10) years.
370	370	19 (5) The state board of animal health may request additional
371	371	20 information from a research facility that the board
372	372	21 determines necessary.
373	373	22 SECTION 3. IC 34-30-2.1-195.2 IS ADDED TO THE INDIANA
374	374	23 CODE AS A NEW SECTION TO READ AS FOLLOWS
375	375	24 [EFFECTIVE JULY 1, 2024]: Sec. 195.2. IC 15-22-3-1(c)
376	376	25 (Concerning a research facility providing a dog or cat to an animal
377	377	26 protection shelter or association for the prevention of cruelty to
378	378	27 animals).
379	379	2024 IN 1292—LS 6444/DI 150