EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0495*
SENATE BILL 495
M4 3lr1375
By: Senators Kramer, Lewis Young, and Waldstreicher
Introduced and read first time: February 3, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Research Facilities and Testing Facilities That Use Animals – Licensing and 2
Regulation 3
FOR the purpose of requiring each research facility and testing facility in the State to be 4
licensed by the Department of Agriculture to use animals in research, education, or 5
testing; establishing requirements for the use and treatment of dogs or cats by a 6
research facility or a testing facility; prohibiting a research facility and a testing 7
facility from using certain dogs and cats for research or testing purposes and 8
performing certain procedures on dogs or cats; requiring a testing facility to use 9
alternative test methods under certain circumstances; prohibiting a testing facility 10
from conducting a canine or feline toxicological experiment un der certain 11
circumstances; applying certain provisions of law regarding the adoption of dogs and 12
cats used for scientific research purposes to testing facilities; establishing a State 13
Inspector of Animal Welfare in the Department to inspect certain research facilities 14
and testing facilities; requiring a research facility or testing facility to notify the 15
State Inspector of certain violations; establishing the Animals in Research Fund as 16
a special, nonlapsing fund; requiring interest earnings of the Fund to be credited to 17
the Fund; and generally relating to research facilities and testing facilities that use 18
animals in research, education, or testing. 19
BY adding to 20
Article – Agriculture 21
Section 15–101 through 15–104 and 15–106 through 15–110 to be under the 22
amended title “Title 15. Research Facilities and Testing Facilities that Use 23
Animals” 24
Annotated Code of Maryland 25
(2016 Replacement Volume and 2022 Supplement) 26
BY repealing and reenacting, with amendments, 27
Article – Agriculture 28
Section 15–101 29 2 SENATE BILL 495
Annotated Code of Maryland 1
(2016 Replacement Volume and 2022 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – State Finance and Procurement 4
Section 6–226(a)(2)(i) 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2022 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – State Finance and Procurement 9
Section 6–226(a)(2)(ii)170. and 171. 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2022 Supplement) 12
BY adding to 13
Article – State Finance and Procurement 14
Section 6–226(a)(2)(ii)172. 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2022 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Agriculture 20
Title 15. Research Facilities AND TESTING FACILITIES that Use [Dogs or Cats] 21
ANIMALS. 22
15–101. 23
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 24
INDICATED. 25
(B) (1) “ALTERNATIVE TEST METH OD” MEANS A TEST METHOD THAT : 26
(I) PRODUCES INFORMATION OF EQUIVALENT OR BETTER 27
SCIENTIFIC QUALITY AND RELEVANC E THAN INFORMATION PRODUCED FROM TEST 28
METHODS PERFORMED ON ANIMALS ; AND 29
(II) 1. DOES NOT USE ANIMALS ; OR 30
2. FOR INSTANCES IN WHIC H A TEST METHOD THAT 31
DOES NOT USE ANIMALS IS NOT AVAILABLE, USES THE FEWEST NUMBE R OF ANIMALS 32 SENATE BILL 495 3
POSSIBLE AND REDUCES , TO THE GREATEST EXTE NT POSSIBLE, THE LEVEL OF 1
SUFFERING AND STRESS CAUSED TO THE ANIMAL BEING USED FOR TESTI NG. 2
(2) “ALTERNATIVE TEST METH OD” INCLUDES: 3
(I) COMPUTATIONAL TOXICOL OGY AND BIOINFORMATI CS; 4
(II) HIGH–THROUGHPUT SCREENING METHODS; 5
(III) TESTING CATEGORIES OF CHEMICAL SUBSTANC ES; 6
(IV) TIERED TESTING METHOD S; 7
(V) IN VITRO STUDIES; AND 8
(VI) SYSTEMS BIOLOGY . 9
(C) (1) “BIOMEDICAL RESEARCH” MEANS: 10
(I) THE INVESTIGATION OF THE BIOLOGICAL PROCE SSES AND 11
CAUSES OF DISEASE ; OR 12
(II) RESEARCH CONDUCTED TO INCREASE FUNDAMENTAL 13
SCIENTIFIC KNOWLEDGE AND EXPAND THE UNDER STANDING OF HOW PROCESSES IN 14
LIVING ORGANISMS DEV ELOP AND FUNCTION . 15
(2) “BIOMEDICAL RESEARCH ” DOES NOT INCLUDE TESTING DONE TO 16
ASSESS THE SAFETY OR EFFICACY OF: 17
(I) CHEMICAL SUBSTANCES ; 18
(II) INGREDIENTS ; 19
(III) DRUGS; 20
(IV) MEDICAL DEVICES ; 21
(V) VACCINES; 22
(VI) PRODUCTS; OR 23
(VII) PRODUCT FORMULATIONS . 24
4 SENATE BILL 495
(D) “CANINE OR FELINE TOXI COLOGICAL EXPERIMENT ” MEANS A TEST OR 1
STUDY USED TO DETERMINE THE EFF ECT OF THE APPLICATI ON OF EXPOSURE , 2
WHETHER INTERNAL OR EXTERNAL AND INCLUDI NG ORAL INGESTION , SKIN OR EYE 3
CONTACT, AND INHALATION , OF ANY AMOUNT OF A C HEMICAL SUBSTANCE ON A DOG 4
OR CAT. 5
(E) (1) “CHEMICAL SUBSTANCE ” HAS THE MEANING STAT ED IN 15 U.S.C. 6
§ 2602. 7
(2) “CHEMICAL SUBSTANCE ” INCLUDES: 8
(I) PESTICIDES, AS DEFINED IN 7 U.S.C. § 136; AND 9
(II) FOOD ADDITIVES , AS DEFINED IN 21 U.S.C. § 321. 10
(F) (1) “RESEARCH FACILITY ” MEANS A PUBLIC OR PR IVATE 11
PARTNERSHIP , CORPORATION , ASSOCIATION, SCHOOL, INSTITUTION, 12
ORGANIZATION , OR OTHER ENTITY IN THE STATE THAT USES ANIMALS FO R: 13
(I) RESEARCH, INCLUDING BIOMEDICAL RESEARCH; OR 14
(II) EDUCATION. 15
(2) “RESEARCH FACILITY ” INCLUDES A PARTNERSH IP, A 16
CORPORATION , AN ASSOCIATION , A SCHOOL, AN INSTITUTION, AN ORGANIZATION , 17
OR ANY OTHER ENTITY IN THE STATE THAT IS OWNED , LEASED, OR OPERATED BY A 18
PUBLIC OR PRIVATE EN TITY. 19
(3) “RESEARCH FACILITY ” DOES NOT INCLUDE A P ARTNERSHIP, A 20
CORPORATION , AN ASSOCIATION , A SCHOOL, AN INSTITUTION, AN ORGANIZATION , 21
OR ANY OTHER ENTITY IN THE STATE THAT PROVIDES O NLY BENEFICIAL SERVI CES 22
TO AN ANIMAL, SUCH AS SPAYING AND NEUTE RING. 23
(G) “STATE INSPECTOR” MEANS THE STATE INSPECTOR OF ANIMAL 24
WELFARE ESTABLISHED U NDER § 15–107 OF THIS TITLE. 25
(H) (1) “TESTING FACILITY ” MEANS A PUBLIC OR PR IVATE 26
PARTNERSHIP , CORPORATION , ASSOCIATION, SCHOOL, INSTITUTION, 27
ORGANIZATION , OR OTHER ENTITY IN T HE STATE THAT USES ANIMA LS FOR THE 28
TESTING OF: 29
(I) CHEMICAL SUBSTANCES; 30
SENATE BILL 495 5
(II) INGREDIENTS ; 1
(III) DRUGS; 2
(IV) MEDICAL DEVICES ; 3
(V) VACCINES; 4
(VI) PRODUCTS; OR 5
(VII) PRODUCT FORMULATIONS . 6
(2) “TESTING FACILITY ” INCLUDES A PARTNERSH IP, A 7
CORPORATION , AN ASSOCIATION , A SCHOOL, AN INSTITUTION, AN ORGANIZATION , 8
OR ANY OTHER ENTITY IN THE STATE THAT IS OWNED , LEASED, OR OPERATED BY A 9
PUBLIC OR PRIVATE EN TITY. 10
(3) “TESTING FACILITY ” DOES NOT INCLU DE A PARTNERSHIP , A 11
CORPORATION , AN ASSOCIATION , A SCHOOL, AN INSTITUTION, AN ORGANIZATION , 12
OR ANY OTHER ENTITY IN THE STATE THAT PROVIDES O NLY BENEFICIAL SERVI CES 13
TO AN ANIMAL, SUCH AS SPAYING AND NEUTERING. 14
(I) “TRADITIONAL ANIMAL TE ST METHOD ” MEANS A PROCESS OR 15
PROCEDURE THAT: 16
(1) USES ANIMALS TO OBTAIN IN FORMATION ON THE 17
CHARACTERISTICS OF A CHEMICAL SUBSTANCE OR AGENT; AND 18
(2) GENERATES INFORMATION REGARDING THE ABILIT Y OF THE 19
CHEMICAL SUBSTANCE OR AGENT TO PRODUCE A SPECIFI C BIOLOGICAL EFFECT 20
UNDER SPECIFIED COND ITIONS. 21
15–102. 22
(A) EACH RESEARCH FACILIT Y AND TESTING FACILITY MUST BE LICENSED 23
BY THE DEPARTMENT TO USE ANI MALS IN RESEARCH , EDUCATION, OR TESTING. 24
(B) THE DEPARTMENT SHALL ISSU E A LICENSE TO A RESEARC H FACILITY 25
OR TESTING FACILITY THAT: 26
(1) PASSES AN INSPECTION CONDUCTED BY THE STATE INSPECTOR 27
UNDER § 15–107 OF THIS TITLE; AND 28
6 SENATE BILL 495
(2) AGREES TO COMPLY WITH THE INSPECTION AND R EPORTING 1
REQUIREMENTS OF THIS TITLE. 2
(C) THE DEPARTME NT SHALL CHARGE A LI CENSING FEE TO COVER THE 3
COSTS OF IMPLEMENTIN G THIS TITLE. 4
15–103. 5
(A) EACH RESEARCH FACILIT Y AND TESTING FACILITY SHALL ENSURE THAT 6
THE NUMBER OF DOGS A ND CATS USED FOR RES EARCH OR TESTING PUR POSES IS 7
REDUCED TO THE SMALL EST NUMBER POSSIBLE BY USING SC IENTIFICALLY 8
RELIABLE AND RELEVAN T METHODS THAT DO NO T INVOLVE THE USE OF DOGS OR 9
CATS. 10
(B) A RESEARCH FACILITY OR TESTING FACILITY MAY NOT USE FOR 11
RESEARCH OR TESTING PURPOSES: 12
(1) A DOG SOLD BY A CLASS B DEALER LICENSED UNDE R THE 13
FEDERAL ANIMAL WELFARE ACT; 14
(2) A DOG OR A CAT OBTAINE D FROM A PERSON THAT DID NO T BREED 15
AND RAISE THE DOG OR CAT, INCLUDING A DOG OR CAT OBTAINE D FROM AN 16
AUCTION, A FLEA MARKET , OR AN ANIMAL SHELTER ; OR 17
(3) A DOG OR A CAT THAT HA S UNDERGONE A DEV OCALIZATION 18
SURGERY. 19
(C) A RESEARCH FACILITY OR TESTING FACILITY MAY NOT PERFORM A 20
DEVOCALIZATION SURGE RY ON A DOG OR A CAT . 21
(D) A DOG OR A CAT AT A RE SEARCH FACILITY OR TESTING FACILITY MAY 22
BE EUTHANIZED ONLY B Y A LETHAL INJECTION OF SODIUM PENTOBARBITAL 23
ADMINISTERED : 24
(1) BY A VETERINARIAN LIC ENSED IN THE STATE; OR 25
(2) UNDER THE DIRECT SUPE RVISION OF A VETERIN ARIAN LICENSED 26
IN THE STATE. 27
15–104. 28
SENATE BILL 495 7
(A) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A TESTING 1
FACILITY SHALL USE A N ALTERNATIVE TEST M ETHOD INSTEAD OF A TRADITI ONAL 2
ANIMAL TEST METHOD I F THE ALTERNATIVE TE ST METHOD HAS BEEN : 3
(I) APPROVED BY: 4
1. THE INTERAGENCY COORDINATING COMMITTEE ON 5
THE VALIDATION OF ALTERNATIVE METHODS; 6
2. THE ORGANIZATION FOR ECONOMIC CO–OPERATION 7
AND DEVELOPMENT ; OR 8
3. ANOTHER SIMILAR VALIDA TION AND 9
STANDARD–SETTING ORGANIZATION ; OR 10
(II) ADOPTED BY A FEDERAL AGENCY, OR A PROGRAM WITHIN A 11
FEDERAL AGENCY , THAT IS RESPONSIBLE FOR REGULATING THE S PECIFIC 12
PRODUCT OR ACTIVITY FOR WHICH THE TEST I S BEING CONDUCTED . 13
(2) (I) THIS PARAGRAPH DOES NOT APPLY TO BIOMEDICAL 14
RESEARCH. 15
(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A 16
TESTING FACILITY MAY NOT USE A TRADITIONAL ANIMAL TEST METHOD IF: 17
1. AN APPROPRIATE ALTERN ATIVE TEST METHOD IS 18
AVAILABLE; OR 19
2. THE APPROPRIATE FEDERAL AGENCY HAS W AIVED 20
THE REQUIREMENT TO USE THE TRADITION AL ANIMAL TEST METHO D. 21
(3) NOTHING IN THIS SUBSECTION MAY BE CONST RUED TO PROHIBIT 22
THE USE OF A TRADITIONAL ANIMAL TEST METHOD TO COMPL Y WITH FEDERAL OR 23
STATE REQUIREMENTS IF THE APPROPRIATE FEDERAL OR STATE AGENCY HAS 24
APPROVED THE USE OF AN ALTERNATIVE TEST METHOD BUT DETERMINED THAT 25
THE ALTERNATI VE TEST METHOD DOES NOT ENSURE THE HEALTH OR SAFETY OF 26
THE PUBLIC OR THE ENVIRONMENT . 27
(B) (1) THIS SUBSECTION DOES NOT APPLY TO BIOMEDICAL RESEARCH . 28
(2) A TESTING FACILITY MAY NOT CONDUCT A CA NINE OR FELINE 29
TOXICOLOGICAL EXPERI MENT IN THE STATE FOR DISCOVERY , APPROVAL, 30
MAINTENANCE OF APPRO VAL, NOTIFICATION, REGISTRATION , OR MAINTENANCE OF 31 8 SENATE BILL 495
A PESTICIDE OR CHEMI CAL SUBSTANCE UNLESS THE CANINE OR FELINE 1
TOXICOLOGICAL EXPERI MENT IS CONDUCTED TO : 2
(I) SATISFY AN EXPRESS RE QUIREMENT IMPOSED BY THE U.S. 3
ENVIRONMENTAL PROTECTION AGENCY UNDER THE AUTH ORITY OF THE FEDERAL 4
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT OR THE FEDERAL TOXIC 5
SUBSTANCES CONTROL ACT; 6
(II) SATISFY AN EXPRESS REQUIREMENT IM POSED BY THE U.S. 7
FOOD AND DRUG ADMINISTRATION UNDER THE AUTHORITY OF THE FEDERAL 8
FOOD, DRUG, AND COSMETIC ACT IF THE TESTING FACILITY : 9
1. SUBMITS A PRE –INVESTIGATIONAL NEW DRUG 10
APPLICATION MEETING REQUEST TO THE U.S. FOOD AND DRUG ADMINISTRATION 11
TO RECEIVE GUIDANCE ON WHETHER ALL PROPO SED CANINE OR FELINE 12
TOXICOLOGICAL EXPERI MENTS ARE NECESSARY TO SUPPORT THE TESTING 13
FACILITY’S PLANNED CLINICAL TRI ALS; AND 14
2. IS NOT EXPRESSLY DIRE CTED BY THE U.S. FOOD AND 15
DRUG ADMINISTRATION TO USE AN ALTERNATIV E TEST METHOD ; 16
(III) SUPPORT AN APPLICATIO N TO THE U.S. ENVIRONMENTAL 17
PROTECTION AGENCY FOR A WAIVER F ROM THE USE OF A CAN INE OR FELINE 18
TOXICOLOGICAL EXPERI MENT IF THE EXPERIME NT IS CONDUCTED SOLE LY FOR THE 19
PURPOSE OF REDUCING THE TOTAL NUMBER OF ANIM ALS NEEDED FOR 20
EXPERIMENTS TO ACHIE VE DISCOVERY , APPROVAL, MAINTENANCE OF APPRO VAL, 21
NOTIFICATION, REGISTRATION , OR MAINTENANCE OF A PESTICIDE OR CHEMICA L 22
SUBSTANCE; OR 23
(IV) DEVELOP, MANUFACTURE , OR MARKET A PRODUCT 24
INTENDED FOR THE BENEFICIAL USE OF DOGS OR CATS. 25
[15–101.] 15–105. 26
(a) (1) In this section the following words have the meanings indicated. 27
(2) “Animal rescue organization” includes: 28
(i) A nonprofit organization incorporated for the purpose of rescuing 29
animals in need and finding permanent adoptive homes for the animals; and 30
(ii) A government–operated animal control unit that provides 31
animals for adoption. 32
SENATE BILL 495 9
(3) [“Research facility” includes: 1
(i) A higher education research facility; 2
(ii) A scientific research facility; 3
(iii) A medical research facility; and 4
(iv) A product testing facility. 5
(4)] “Scientific research purposes” includes: 6
(i) Investigation; 7
(ii) Experimentation; 8
(iii) Instruction; and 9
(iv) Testing. 10
(b) This section applies to a dog or cat that, in the determination of an attending 11
veterinarian, is suitable for adoption. 12
(c) A research facility OR TESTING FACILITY located in the State in which dogs 13
or cats are used for scientific research purposes shall take reasonable steps to provide for 14
the adoption of a dog or cat that, in the determination of the research facility, is no longer 15
needed for scientific research purposes by: 16
(1) Establishing a private placement process to provide for the adoption of 17
a dog or cat; 18
(2) Establishing a list of animal rescue organizations that are approved by 19
the research facility OR TESTING FACILITY and are willing to take a dog or cat from the 20
research facility; and 21
(3) Offering the dog or cat to the animal rescue organizations identified in 22
the list established under item (2) of this subsection if the research facility OR TESTING 23
FACILITY is unable to place the dog or cat through its private placement process. 24
(d) A research facility OR TESTING FACILITY may enter into a collaborative 25
agreement with an animal rescue organization for the purpose of carrying out the 26
provisions of this section. 27
15–106. 28
10 SENATE BILL 495
(A) EACH RESEARCH FACILITY CONDUCTING BIOMEDICAL RESEARCH 1
SHALL: 2
(1) REPORT TO THE STATE INSPECTOR ON HOW THE ANIMALS WILL 3
BE USED IN THE RESEA RCH; AND 4
(2) PROVIDE TO THE STATE INSPECTOR A JUSTIFICA TION FOR THE 5
USE OF ANIMALS IN TH E RESEARCH FACILITY’S RESEARCH THAT ADDRES SES THE 6
FOLLOWING CRITERIA : 7
(I) WHETHER ANOTHER SUITABLE MOD EL IS AVAILABLE, SUCH 8
AS IN VITRO, NONHUMAN IN VITRO , OR OTHER MODELS ; 9
(II) WHETHER THE RESEARCH , EDUCATION, OR TESTING CAN 10
BE PERFORMED ETHICAL LY ON HUMAN SUBJECTS ; AND 11
(III) WHETHER ANIMALS ARE N ECESSARY TO ACCELERA TE 12
PREVENTION, CONTROL, OR TREATMENT OF POTE NTIALLY LIFE–THREATENING OR 13
DEBILITATING CONDITI ONS. 14
(B) (1) ON OR BEFORE JANUARY 31 EACH YEAR , EACH RESEARCH 15
FACILITY OR TESTING FACILITY THAT USES L IVE ANIMALS FOR RESE ARCH, 16
EDUCATION, OR TESTING SHALL SUB MIT TO THE SECRETARY THE FOLLOWI NG 17
INFORMATION REGARDIN G THE IMMEDIATELY PR ECEDING 12–MONTH PERIOD : 18
(I) THE NUMBER OF EACH SP ECIES OF VERTEBRATE ANIMALS 19
OWNED AND USED BY TH E RESEARCH FACILITY OR TESTING FACILITY ; AND 20
(II) THE NUMBER OF DOGS OR CATS RELEASED T O ANIMAL 21
RESCUE ORGANIZATIONS UNDER § 15–105 OF THIS TITLE AND TH E NAMES OF THE 22
ANIMAL RESCUE ORGANI ZATIONS TO WHICH THE DOGS OR CATS WERE RE LEASED. 23
(2) ON OR BEFORE JANUARY 31 EACH YEAR, EACH TESTING FACILIT Y 24
THAT USES LIVE ANIMA LS FOR RESEARCH , EDUCATION, OR TESTING SHALL SUB MIT 25
TO THE SECRETARY THE FOLLOWI NG INFORMATION REGAR DING THE IMMEDIATELY 26
PRECEDING 12–MONTH PERIOD : 27
(I) THE TYPE AND NUMBER O F ALTERNATIVE TEST M ETHODS 28
AND TRADITIONAL ANIM AL TEST METHODS USED ; 29
(II) THE NUMBER OF TRADITIONAL ANIMAL T EST METHOD 30
WAIVERS AND CANINE OR FELINE TOXICOLOGICAL EXPERI MENT WAIVERS USED ; 31
AND 32 SENATE BILL 495 11
(III) THE PURPOSE OF ANY TE STS CONDUCTED USING 1
ALTERNATIVE TEST MET HODS OR TRADITIONAL ANIMAL TEST METHODS . 2
(3) THE SECRETARY SHALL : 3
(I) PREPARE AN ANNUAL REPORT AGGREGATING THE 4
INFORMATION SUBMITTE D UNDER PARAGRAPH S (1) AND (2) OF THIS SUBSECTION; 5
AND 6
(II) POST THE ANNUAL REPOR T ON THE DEPARTMENT ’S 7
WEBSITE. 8
15–107. 9
(A) THERE IS A STATE INSPECTOR OF ANIMAL WELFARE IN THE 10
DEPARTMENT . 11
(B) (1) THE STATE INSPECTOR SHALL: 12
(I) INSPECT EACH RESEARCH FACILITY AND TESTING FACILITY 13
APPLYING FOR A LICEN SE UNDER THIS TITLE ; 14
(II) INSPECT AT LEAST ONCE EVERY YEAR EACH RESEARCH 15
FACILITY AND TESTING FACILITY WITH AN ACTIVE LICEN SE ISSUED UNDER THIS 16
TITLE; AND 17
(III) INSPECT AT LEAST ONCE EVERY OTHER YEAR EAC H 18
RESEARCH FACILITY AND TESTING FACILITY : 19
1. FOR WHICH A LICENSE H AS BEEN ISSUED UNDER THIS 20
TITLE; AND 21
2. REGISTERED BY THE U.S. DEPARTMENT OF 22
AGRICULTURE UNDER THE FEDERAL ANIMAL WELFARE ACT. 23
(2) THE DEPARTMENT MAY ENTER INTO AN AGREEMENT WI TH AN 24
ANIMAL WELFARE ORGAN IZATION, A LOCAL ANIMAL CONTR OL AGENCY , OR 25
ANOTHER SIMILAR ENTITY TO CONDUCT THE INSPE CTIONS REQUIRED UNDE R THIS 26
SUBSECTION. 27
(C) (1) A RESEARCH FACILITY OR TESTING FACILITY SHALL NOTIFY THE 28
STATE INSPECTOR WITHIN 30 DAYS AFTER RECEIPT OF ANY VIOLATION 29 12 SENATE BILL 495
NOTIFICATION THE RESEARCH FACILIT Y RECEIVES FOR A VIO LATION OF THE 1
FEDERAL ANIMAL WELFARE ACT OR THE REGULATIONS ADOP TED UNDER THE ACT. 2
(2) THE STATE INSPECTOR SHALL INSPECT A RESEARCH F ACILITY 3
OR TESTING FACILITY WITHIN 30 DAYS AFTER RECEIVING NOTIFICATION FROM TH E 4
RESEARCH FACILITY OR TESTING FACILITY THAT IT IS IN VIOLATION OF T HE 5
FEDERAL ANIMAL WELFARE ACT OR THE REGULATIONS A DOPTED UNDER THE ACT. 6
15–108. 7
(A) IN THIS SECTION, “FUND” MEANS THE ANIMALS IN RESEARCH FUND. 8
(B) THERE IS AN ANIMALS IN RESEARCH FUND. 9
(C) THE PURPOSE OF THE FUND IS TO COVER THE COSTS ASSOCIATED WIT H 10
THE STATUTORY AND RE GULATORY DUTIES OF THE STATE INSPECTOR. 11
(D) THE DEPARTMENT SHALL ADMINISTER THE FUND. 12
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 13
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 14
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 15
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 16
(F) THE FUND CONSISTS OF : 17
(1) LICENSING FEES CHARGED BY THE DEPARTMENT UNDER § 18
15–102 OF THIS TITLE; 19
(2) PENALTIES COLLECTED U NDER § 15–109 OF THIS TITLE; 20
(3) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 21
(4) INTEREST EARNINGS ; AND 22
(5) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 23
THE BENEFIT OF THE FUND. 24
(G) THE FUND MAY BE USED ONLY TO COVER THE COSTS A SSOCIATED WITH 25
THE STATUTORY AND REGULATORY DUTIE S OF THE STATE INSPECTOR. 26
SENATE BILL 495 13
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 1
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 2
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 3
THE FUND. 4
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 5
WITH THE STATE BUDGET. 6
(J) MONEY EXPENDED FROM T HE FUND FOR THE COSTS ASSOCIATED WITH 7
THE STATUTORY AND RE GULATORY DUTIES OF T HE STATE INSPECTOR IS 8
SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 9
OTHERWISE WOULD BE A PPROPRIATED FOR THESE COSTS. 10
15–109. 11
AN OWNER, AN OPERATOR, AN EMPLOYEE, OR AN AGENT OF A RESEARCH 12
FACILITY OR TESTING FACILITY THAT VIOLAT ES THIS SECTION IS GUIL TY OF A 13
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO: 14
(1) FOR A FIRST OFFENSE , A FINE NOT EXCEEDING $1,000 OR 15
IMPRISONMENT NOT EXCEEDING 90 DAYS OR BOTH; AND 16
(2) FOR A SECOND OR SUBSE QUENT OFFENSE , A FINE NOT 17
EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 180 DAYS OR BOTH. 18
15–110. 19
THE DEPARTMENT SHALL ADOP T REGULATIONS TO : 20
(1) CARRY OUT THIS TITLE; AND 21
(2) ENSURE THE HUMANE TREATMENT AND CARE OF DOGS AND CATS 22
THAT ARE USED FOR RE SEARCH, EDUCATIONAL , AND TESTING PURPOSES . 23
Article – State Finance and Procurement 24
6–226. 25
(a) (2) (i) Notwithstanding any other provision of law, and unless 26
inconsistent with a federal law, grant agreement, or other federal requirement or with the 27
terms of a gift or settlement agreement, net interest on all State money allocated by the 28
State Treasurer under this section to special funds or accounts, and otherwise entitled to 29 14 SENATE BILL 495
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 1
Fund of the State. 2
(ii) The provisions of subparagraph (i) of this paragraph do not apply 3
to the following funds: 4
170. the Cannabis Public Health Fund; [and] 5
171. the Community Reinvestment and Repair Fund; AND 6
172. THE ANIMALS IN RESEARCH FUND. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2023. 9