EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0535*
SENATE BILL 535
M4 5lr1394
SB 761/24 – EEE
By: Senator Kramer
Introduced and read first time: January 23, 2025
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
Regulations 3
FOR the purpose of requiring each research facility and testing facility in the State that 4
uses animals in research, education, or testing to be licensed by the Department of 5
Agriculture; applying certain provisions of law regarding the adoption of dogs and 6
cats used for scientific research purposes to testing facilities; establishing a State 7
Inspector of Animal Welfare in the Department to inspect research facilities and 8
testing facilities; requiring a research facility and a testing facility to notify the State 9
Inspector of certain violations; requiring a school or an institution of higher 10
education that uses animals for certain purposes to submit a report on the results of 11
certain inspections to the General Assembly on or before a certain date each year; 12
establishing the Animals in Research Fund as a special, nonlapsing fund; requiring 13
interest earnings of the Fund to be credited to the Fund; and generally relating to 14
research facilities and testing facilities that use animals in research, education, or 15
testing. 16
BY adding to 17
Article – Agriculture 18
Section 15–101, 15–102, and 15–104 through 15–108 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2024 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Agriculture 23
Section 15–101 to be under the amended title “Title 15. Research Facilities and 24
Testing Facilities That Use Animals” 25
Annotated Code of Maryland 26
(2016 Replacement Volume and 2024 Supplement) 27
BY repealing and reenacting, without amendments, 28 2 SENATE BILL 535
Article – State Finance and Procurement 1
Section 6–226(a)(2)(i) 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2024 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – State Finance and Procurement 6
Section 6–226(a)(2)(ii)204. and 205. 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2024 Supplement) 9
BY adding to 10
Article – State Finance and Procurement 11
Section 6–226(a)(2)(ii)206. 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Agriculture 17
Title 15. Research Facilities [that] AND TESTING FACILITIES THAT Use [Dogs or Cats] 18
ANIMALS. 19
15–101. 20
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 21
INDICATED. 22
(B) (1) “RESEARCH FACILITY ” MEANS ANY FACILITY I N THE STATE THAT 23
USES LIVE ANIMALS FOR RESEARCH , EDUCATION, OR EXPERIMENTATION . 24
(2) “RESEARCH FACILITY ” DOES NOT INCLUDE : 25
(I) A PARTNERSHIP , A CORPORATION , AN ASSOCIATION , AN 26
INSTITUTION, AN ORGANIZATION , OR ANY OTHER ENTITY IN T HE STATE THAT 27
PROVIDES ONLY BENEFI CIAL SERVICES TO AN ANIMAL, SUCH AS SPAYING AND 28
NEUTERING; OR 29
(II) A SCHOOL OR AN INSTITU TION OF HIGHER EDUCA TION. 30
(C) “STATE INSPECTOR” MEANS THE STATE INSPECTOR OF ANIMAL 31
WELFARE ESTABLISHED U NDER § 15–104 OF THIS TITLE. 32
SENATE BILL 535 3
(D) (1) “TESTING FACILITY ” MEANS A PUBLIC OR PR IVATE 1
PARTNERSHIP , CORPORATION , ASSOCIATION, ORGANIZATION , OR OTHER ENTITY IN 2
THE STATE THAT USES ANIMA LS FOR THE TESTING O F: 3
(I) CHEMICAL SUBSTANCES ; 4
(II) INGREDIENTS ; 5
(III) DRUGS; 6
(IV) VACCINES; 7
(V) PRODUCTS; OR 8
(VI) PRODUCT FORMULATIONS . 9
(2) “TESTING FACILITY ” INCLUDES A PARTNERSH IP, A 10
CORPORATION , AN ASSOCIATION , AN ORGANIZATION , OR ANY OTHER ENTITY IN THE 11
STATE THAT IS OWNED , LEASED, OR OPERATED BY A PUBLIC OR PRIVATE EN TITY. 12
(3) “TESTING FACILITY” DOES NOT INCLUDE : 13
(I) A PARTNERSHIP , A CORPORATION , AN ASSOCIATION , AN 14
INSTITUTION, AN ORGANIZATION , OR ANY OTHER ENTITY IN THE STATE THAT 15
PROVIDES ONLY BENEFI CIAL SERVICES TO AN ANIMAL, SUCH AS SPAYI NG AND 16
NEUTERING; OR 17
(II) A SCHOOL OR AN INSTITU TION OF HIGHER EDUCA TION. 18
15–102. 19
(A) EACH RESEARCH FACILITY AND TESTING FACILITY MUS T BE LICENSED 20
BY THE DEPARTMENT TO USE ANI MALS IN RESEARCH , EDUCATION, OR TESTING. 21
(B) THE DEPARTMENT SHALL ISSU E A LICENSE TO A RESEARCH FACILITY 22
OR TESTING FACILITY THA T: 23
(1) PASSES AN INSPECTION CONDUCTED BY THE STATE INSPECTOR 24
UNDER § 15–104 OF THIS TITLE; AND 25
(2) AGREES TO COMPLY WITH THE INSPECTION AND R EPORTING 26
REQUIREMENTS OF THIS TITLE. 27
4 SENATE BILL 535
(C) THE DEPARTMENT SHALL CHAR GE A LICENSING FEE T O: 1
(1) A RESEARCH FACILITY OR TESTING FACILITY THA T USES ANIMALS 2
NOT COVERED UNDER TH E FEDERAL ANIMAL WELFARE ACT; AND 3
(2) COVER THE COSTS OF IM PLEMENTING THIS TITL E. 4
[15–101.] 15–103. 5
(a) (1) In this section the following words have the meanings indicated. 6
(2) “Animal rescue organization” includes: 7
(i) A nonprofit organization incorporated for the purpose of rescuing 8
animals in need and finding permanent adoptive homes for the animals; and 9
(ii) A government–operated animal control unit that provides 10
animals for adoption. 11
(3) [“Research facility” includes: 12
(i) A higher education research facility; 13
(ii) A scientific research facility; 14
(iii) A medical research facility; and 15
(iv) A product testing facility. 16
(4)] “Scientific research purposes” includes: 17
(i) Investigation; 18
(ii) Experimentation; 19
(iii) Instruction; and 20
(iv) Testing. 21
(b) This section applies to a dog or cat that, in the determination of an attending 22
veterinarian, is suitable for adoption. 23
(c) A research facility OR TESTING FACILITY located in the State in which dogs 24
or cats are used for scientific research purposes shall take reasonable steps to provide for 25
the adoption of a dog or cat that, in the determination of the research facility OR TESTING 26
FACILITY, is no longer needed for scientific research purposes by: 27 SENATE BILL 535 5
(1) Establishing a private placement process to provide for the adoption of 1
a dog or cat; 2
(2) Establishing a list of animal rescue organizations that are approved by 3
the research facility OR TESTING FACILITY and are willing to take a dog or cat from the 4
research facility OR TESTING FACILITY ; and 5
(3) Offering the dog or cat to the animal rescue organizations identified in 6
the list established under item (2) of this subsection if the research facility OR TESTING 7
FACILITY is unable to place the dog or cat through its private placement process. 8
(d) A research facility OR TESTING FACILITY may enter into a collaborative 9
agreement with an animal rescue organization for the purpose of carrying out the 10
provisions of this section. 11
15–104. 12
(A) THERE IS A STATE INSPECTOR OF ANIMAL WELFARE IN THE 13
DEPARTMENT . 14
(B) (1) THE STATE INSPECTOR SHALL : 15
(I) INSPECT EACH RESEARCH FACILITY AND TESTING FACILITY 16
APPLYING FOR A LICEN SE UNDER THIS TITLE ; 17
(II) INSPECT AT LEAST ONCE EVERY YEAR EACH RESEARCH 18
FACILITY AND TESTING FACILITY THA T: 19
1. HAS AN ACTIVE LICEN SE ISSUED UNDER THIS TITLE; 20
BUT 21
2. IS NOT REGISTERED BY THE U.S. DEPARTMENT OF 22
AGRICULTURE UNDER THE FEDERAL ANIMAL WELFARE ACT; AND 23
(III) INSPECT AT LEAST ONCE EVERY OTHER YEAR EAC H 24
RESEARCH FACILITY AND TESTING FACILITY : 25
1. FOR WHICH A LICENSE HAS BEEN ISSUED UNDER THIS 26
TITLE; AND 27
2. REGISTERED BY THE U.S. DEPARTMENT OF 28
AGRICULTURE UNDER THE FEDERAL ANIMAL WELFARE ACT. 29
6 SENATE BILL 535
(2) THE DEPARTMENT MAY ENTER INTO AN AGREEMENT WI TH AN 1
ANIMAL WELFARE ORGAN IZATION, A LOCAL ANIMAL CONTR OL AGENCY , OR 2
ANOTHER SIMILAR ENTI TY TO CONDUCT THE IN SPECTIONS REQUIRED U NDER THIS 3
SUBSECTION. 4
(C) (1) A RESEARCH FACILITY OR TESTING FACILITY SHA LL NOTIFY THE 5
STATE INSPECTOR WITHIN 30 DAYS AFTER RECEIPT O F ANY VIOLATION 6
NOTIFICATION THE RESEARCH FACILITY OR TESTING FACILITY RECEIVE S FOR A 7
VIOLATION OF THE FED ERAL ANIMAL WELFARE ACT OR THE REGULATION S 8
ADOPTED UNDER THE ACT. 9
(2) THE STATE INSPECTOR SHALL INSPE CT A RESEARCH FACILITY 10
OR TESTING FACILITY WIT HIN 30 DAYS AFTER RECEIVING NOTIFICATION FROM TH E 11
RESEARCH FACILITY OR TESTING FACILITY THA T IT IS IN VIOLATION OF THE 12
FEDERAL ANIMAL WELFARE ACT OR THE REGULATION S ADOPTED UNDER THE ACT. 13
15–105. 14
(A) ON OR BEFORE DECEMBER 31 EACH YEAR , A SCHOOL OR AN 15
INSTITUTION OF HIGHE R EDUCATION THAT USE S ANIMALS FOR THE SA ME PURPOSE 16
AS A RESEARCH FACILI TY OR TESTING FACILI TY SHALL REPORT TO T HE GENERAL 17
ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 18
ON THE RESULTS OF AN Y INSPECTION OF THE SCHOOL OR THE INSTIT UTION OF 19
HIGHER EDUCATION PER FORMED BY THE AGENCY THAT REGULATE S THE USE OF 20
ANIMALS BY THE SCHOO L OR THE INSTITUTION OF HIGHER EDUCATION . 21
(B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 22
SHALL INCLUDE ANY VI OLATIONS FOUND DURIN G AN INSPECTION . 23
15–106. 24
(A) IN THIS SECTION, “FUND” MEANS THE ANIMALS IN RESEARCH FUND. 25
(B) THERE IS AN ANIMALS IN RESEARCH FUND. 26
(C) THE PURPOSE OF THE FUND IS TO COVER THE COSTS ASSOCIATED WIT H 27
THE STATUTORY AND RE GULATORY DUTIES OF T HE STATE INSPECTOR. 28
(D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 29
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 30
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 31
SENATE BILL 535 7
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 1
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
(F) THE FUND CONSISTS OF: 3
(1) LICENSING FEES CHARGE D BY THE DEPARTMENT UNDER § 4
15–102 OF THIS TITLE; 5
(2) PENALTIES COLLECTED U NDER § 15–107 OF THIS TITLE; 6
(3) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 7
(4) INTEREST EARNINGS ; AND 8
(5) ANY OTHER MONEY FRO M ANY OTHER SOURCE A CCEPTED FOR 9
THE BENEFIT OF THE FUND. 10
(G) THE FUND MAY BE USED ONLY TO COVER THE COSTS A SSOCIATED WITH 11
THE STATUTORY AND RE GULATORY DUTIES OF T HE STATE INSPECTOR. 12
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 13
IN THE SAME MANNER AS OTHER STATE MONEY MAY BE IN VESTED. 14
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 15
THE FUND. 16
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 17
WITH THE STATE BUDGET . 18
(J) MONEY EXPENDED FROM T HE FUND FOR THE COST S ASSOCIATED WITH 19
THE STATUTORY AND RE GULATORY DUTIES OF T HE STATE INSPECTOR IS 20
SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 21
OTHERWISE WOULD BE A PPROPRIATED FOR THES E COSTS. 22
15–107. 23
A RESEARCH FACILITY OR TESTING FACILITY THA T VIOLATES THIS TITLE IS 24
SUBJECT TO: 25
(1) FOR A FIRST OFFENSE , A FINE NOT EXCEEDING $1,000; AND 26
(2) FOR A SECOND OR SUBSE QUENT OFFENSE , A FINE NOT 27
EXCEEDING $5,000. 28 8 SENATE BILL 535
15–108. 1
THE DEPARTMENT SHALL ADOP T REGULATIONS TO : 2
(1) CARRY OUT THIS TITLE ; AND 3
(2) ENSURE THE HUMANE TRE ATMENT AND CARE OF D OGS AND CATS 4
THAT ARE USED FOR RE SEARCH, EDUCATION, OR TESTING CONSISTEN T WITH THE 5
FEDERAL ANIMAL WELFARE ACT AND CORRESPONDING REGULATIONS . 6
Article – State Finance and Procurement 7
6–226. 8
(a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 9
through 2028. 10
2. Notwithstanding any other provision of law, and unless 11
inconsistent with a federal law, grant agreement, or other federal requirement or with the 12
terms of a gift or settlement agreement, net interest on all State money allocated by the 13
State Treasurer under this section to special funds or accounts, and otherwise entitled to 14
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 15
Fund of the State. 16
(ii) The provisions of subparagraph (i) of this paragraph do not apply 17
to the following funds: 18
204. the Victims of Domestic Violence Program Grant Fund; 19
[and] 20
205. the Proposed Programs Collaborative Grant Fund; AND 21
206. THE ANIMALS IN RESEARCH FUND. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2025. 24