Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S580 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 238 FILED ON: 1/12/2023
3	3	SENATE . . . . . . . . . . . . . . No. 580
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act further protecting research animals.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and MiddlesexMichelle M. DuBois10th Plymouth2/9/2023 1 of 3
16	16	SENATE DOCKET, NO. 238 FILED ON: 1/12/2023
17	17	SENATE . . . . . . . . . . . . . . No. 580
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 580) of Bruce E. Tarr and Michelle M.
19	19	DuBois for legislation to further protect research animals. Environment and Natural Resources.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act further protecting research animals.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 Section 1. Section 174D½ of chapter 140 of the General Laws is hereby amended by
29	29	2striking out the second through eighth paragraphs and inserting in place thereof the following 7
30	30	3paragraphs:-
31	31	4 “Animal rescue organization”, an organization licensed by the department of agricultural
32	32	5resources under section 39A of chapter 129 and the rules and regulations promulgated under said
33	33	6section 39A.
34	34	7 “Product testing facility”, a facility that is using animals for the testing of consumer
35	35	8products, including, but not limited to, cosmetics, pesticides, medical devices, food additives,
36	36	9and ingredients for use in such products.
37	37	10 “Research institution”, any facility employing dogs or cats in scientific investigation,
38	38	11experiment or instruction or for the testing of drugs or medicines licensed by the commissioner
39	39	12of public health under section 174D. 2 of 3
40	40	13 (b) A research institution or product testing facility shall, after the completion of any
41	41	14testing or research involving a dog or cat that does not require euthanasia of the dog or cat upon
42	42	15the termination of the study, as defined and approved by the research or testing protocol, assess
43	43	16the health of the animal and determine whether the dog or cat is suitable for adoption. Except as
44	44	17otherwise provided in subsection (c), a research institution or product testing facility that intends
45	45	18to euthanize a dog or cat shall, before euthanizing the dog or cat, make a reasonable effort to
46	46	19offer the dog or cat to an animal rescue organization to facilitate the adoption of the dog or cat to
47	47	20a permanent adoptive home. A research institution or product testing facility shall enter into a
48	48	21collaborative agreement with an animal rescue organization to carry out this subsection;
49	49	22provided, however, that a research institution or product testing facility that is also a licensed
50	50	23operation under section 39A of chapter 129 may accomplish the goals of this section directly
51	51	24without entering into a collaborative agreement. Any such collaborative agreement shall provide
52	52	25that the parties make reasonable efforts to adhere to the principles of: (i) facilitating permanent
53	53	26adoptions and discouraging post-adoption transfers; and (ii) selecting adopters who demonstrate
54	54	27a willingness and ability to keep the animal permanently, provide an appropriate living space and
55	55	28accept lifelong responsibility for the animal’s care.
56	56	29 (c) A research institution or product testing facility shall not be required to offer a dog or
57	57	30cat to an animal rescue organization pursuant to subsection (b) if the dog or cat: (i) manifests a
58	58	31behavioral or medical defect that poses a risk to the health and safety of the public; (ii) manifests
59	59	32symptoms of a disease, injury, congenital or hereditary condition that adversely affects, or is
60	60	33likely to adversely affect, the health of the dog or cat; or (iii) the research institution or product
61	61	34testing facility provides the dog or cat to an employee of the research institution or product
62	62	35testing facility for purposes of keeping the dog or cat permanently. The attending veterinarian of 3 of 3
63	63	36the research institution or product testing facility or the attending veterinarian’s designee shall
64	64	37assess the suitability of the dog or cat and determine its availability for adoption under this
65	65	38section.
66	66	39 (d) A research institution or product testing facility that is required to offer dogs and cats
67	67	40for adoption under this section shall not owe a duty of care to an animal rescue organization that
68	68	41accepts a dog or cat or to a person or entity that adopts such dog or cat, through such
69	69	42organizations. A research institution or product testing facility shall not be responsible or liable
70	70	43for any injury, property damage or other damage or loss that results from the adoption or
71	71	44placement of a dog or cat pursuant to this act.
72	72	45 (e) Research institutions and product testing facilities shall, annually, report to the
73	73	46department of agricultural resources data on the use and disposition of dogs and cats after the
74	74	47completion of any testing or research including, but not limited to, the number of dogs and the
75	75	48number of cats who were (i) euthanized upon the termination of the study, as defined and
76	76	49approved by the research or testing protocol; (ii) determined to be suitable and unsuitable for
77	77	50adoption and, if determined to be unsuitable for adoption, the reason why and their disposition;
78	78	51(iii) offered for adoption through a collaborative agreement with an animal rescue organization;
79	79	52and (iv) offered for adoption directly, without entering into a collaborative agreement with an
80	80	53animal rescue organization. The department shall, annually, make such data publicly available, in
81	81	54an electronic format.