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2 | 2 | | SENATE DOCKET, NO. 1898 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 672 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Bruce E. Tarr |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act further protecting research animals. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 1898 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 672 |
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18 | 18 | | By Mr. Tarr, a petition (accompanied by bill, Senate, No. 672) of Bruce E. Tarr for legislation to |
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19 | 19 | | further protect research animals. Environment and Natural Resources. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 580 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act further protecting research animals. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 Section 174D½ of chapter 140 of the General Laws is hereby amended by striking out the |
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31 | 31 | | 2second through eighth paragraphs and inserting in place thereof the following 7 paragraphs:- |
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32 | 32 | | 3 “Animal rescue organization”, an organization licensed by the department of agricultural |
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33 | 33 | | 4resources under section 39A of chapter 129 and the rules and regulations promulgated under said |
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34 | 34 | | 5section 39A. |
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35 | 35 | | 6 “Product testing facility”, a facility that is using animals for the testing of consumer |
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36 | 36 | | 7products, including, but not limited to, cosmetics, pesticides, medical devices, food additives, |
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37 | 37 | | 8and ingredients for use in such products. 2 of 3 |
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38 | 38 | | 9 “Research institution”, any facility employing dogs or cats in scientific investigation, |
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39 | 39 | | 10experiment or instruction or for the testing of drugs or medicines licensed by the commissioner |
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40 | 40 | | 11of public health under section 174D. |
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41 | 41 | | 12 (b) A research institution or product testing facility shall, after the completion of any |
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42 | 42 | | 13testing or research involving a dog or cat that does not require euthanasia of the dog or cat upon |
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43 | 43 | | 14the termination of the study, as defined and approved by the research or testing protocol, assess |
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44 | 44 | | 15the health of the animal and determine whether the dog or cat is suitable for adoption. Except as |
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45 | 45 | | 16otherwise provided in subsection (c), a research institution or product testing facility that intends |
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46 | 46 | | 17to euthanize a dog or cat shall, before euthanizing the dog or cat, make a reasonable effort to |
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47 | 47 | | 18offer the dog or cat to an animal rescue organization to facilitate the adoption of the dog or cat to |
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48 | 48 | | 19a permanent adoptive home. A research institution or product testing facility shall enter into a |
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49 | 49 | | 20collaborative agreement with an animal rescue organization to carry out this subsection; |
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50 | 50 | | 21provided, however, that a research institution or product testing facility that is also a licensed |
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51 | 51 | | 22operation under section 39A of chapter 129 may accomplish the goals of this section directly |
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52 | 52 | | 23without entering into a collaborative agreement. Any such collaborative agreement shall provide |
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53 | 53 | | 24that the parties make reasonable efforts to adhere to the principles of: (i) facilitating permanent |
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54 | 54 | | 25adoptions and discouraging post-adoption transfers; and (ii) selecting adopters who demonstrate |
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55 | 55 | | 26a willingness and ability to keep the animal permanently, provide an appropriate living space and |
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56 | 56 | | 27accept lifelong responsibility for the animal’s care. |
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57 | 57 | | 28 (c) A research institution or product testing facility shall not be required to offer a dog or |
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58 | 58 | | 29cat to an animal rescue organization pursuant to subsection (b) if the dog or cat: (i) manifests a |
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59 | 59 | | 30behavioral or medical defect that poses a risk to the health and safety of the public; (ii) manifests |
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60 | 60 | | 31symptoms of a disease, injury, congenital or hereditary condition that adversely affects, or is 3 of 3 |
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61 | 61 | | 32likely to adversely affect, the health of the dog or cat; or (iii) the research institution or product |
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62 | 62 | | 33testing facility provides the dog or cat to an employee of the research institution or product |
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63 | 63 | | 34testing facility for purposes of keeping the dog or cat permanently. The attending veterinarian of |
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64 | 64 | | 35the research institution or product testing facility or the attending veterinarian’s designee shall |
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65 | 65 | | 36assess the suitability of the dog or cat and determine its availability for adoption under this |
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66 | 66 | | 37section. |
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67 | 67 | | 38 (d) A research institution or product testing facility that is required to offer dogs and cats |
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68 | 68 | | 39for adoption under this section shall not owe a duty of care to an animal rescue organization that |
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69 | 69 | | 40accepts a dog or cat or to a person or entity that adopts such dog or cat, through such |
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70 | 70 | | 41organizations. A research institution or product testing facility shall not be responsible or liable |
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71 | 71 | | 42for any injury, property damage or other damage or loss that results from the adoption or |
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72 | 72 | | 43placement of a dog or cat pursuant to this act. |
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73 | 73 | | 44 (e) Research institutions and product testing facilities shall, annually, report to the |
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74 | 74 | | 45department of agricultural resources data on the use and disposition of dogs and cats after the |
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75 | 75 | | 46completion of any testing or research including, but not limited to, the number of dogs and the |
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76 | 76 | | 47number of cats who were (i) euthanized upon the termination of the study, as defined and |
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77 | 77 | | 48approved by the research or testing protocol; (ii) determined to be suitable and unsuitable for |
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78 | 78 | | 49adoption and, if determined to be unsuitable for adoption, the reason why and their disposition; |
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79 | 79 | | 50(iii) offered for adoption through a collaborative agreement with an animal rescue organization; |
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80 | 80 | | 51and (iv) offered for adoption directly, without entering into a collaborative agreement with an |
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81 | 81 | | 52animal rescue organization. The department shall, annually, make such data publicly available, in |
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82 | 82 | | 53an electronic format. |
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