PRINTER'S NO. 328
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.381
Session of
2025
INTRODUCED BY MASTRIANO, COMITTA, FONTANA, BROOKS, PHILLIPS-HILL
AND SCHWANK, MARCH 6, 2025
REFERRED TO JUDICIARY, MARCH 6, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses) and 35 (Health and
Safety) of the Pennsylvania Consolidated Statutes, in riot,
disorderly conduct and related offenses, further providing
for nonapplicability of subchapter; in public safety,
prohibiting certain animal experimentation, sale and testing
and providing for whistleblower protection; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5561(b)(6) introductory paragraph of
Title 18 of the Pennsylvania Consolidated Statutes is amended to
read:
§ 5561. Nonapplicability of subchapter.
* * *
(b) Exemptions.--The provisions of this subchapter shall not
apply to the following:
* * *
(6) Conduct relating to animals actively involved in a
bona fide scientific or medical research that is lawful under
the laws of the United States or this Commonwealth relating
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20 to activities undertaken by a research facility that is one
of the following:
* * *
Section 2. Title 35 is amended by adding a chapter to read:
CHAPTER 58A
ANIMAL EXPERIMENTATION, SALE
AND CERTAIN TESTING PROHIBITED
Subchapter
A. Experimentation
B. Sale
C. Certain Testing Prohibited
SUBCHAPTER A
EXPERIMENTATION
Sec.
58A01. Definitions.
58A02. Prohibiting Commonwealth funding for painful animal
subject experimentation.
58A03. Prohibiting Commonwealth funding for animal subject
devocalization.
58A04. Animal testing facilities and adoption of animal
subjects.
58A05. Disclosure requirements.
58A06. Penalty.
58A07. Annual report by State Treasurer.
58A08. Annual report by recipients of Commonwealth funds.
§ 58A01. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Animal subject." A dog or a cat.
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30 "Animal testing facility." A facility, including a private
entity, State agency or institution of higher education, that
confines and uses animal subjects for research, education,
testing or other scientific or medical purposes.
"Commonwealth funds." Money of a fund or account in the
State Treasury of the Commonwealth.
"Devocalization." The process of performing a surgical
procedure to cut, notch, punch, abrade, laser, suture or
otherwise physically alter the vocal apparatus of an animal
subject with the intent of altering, reducing or eliminating
vocal sounds produced by the animal subject.
"Devocalize." The term includes debarking, devoicing,
silencing, ventriculocordectomy, vocal cordectomy, bark
reduction and bark softening.
"Medically unnecessary." Not carried out solely for the
better health, welfare or safety of an animal subject.
"Recipient of Commonwealth funds." A person, including a
public or private entity, to whom Commonwealth funds are paid.
§ 58A02. Prohibiting Commonwealth funding for painful animal
subject experimentation.
(a) Use of funds.--A recipient of Commonwealth funds is
prohibited from using the Commonwealth funds to directly support
medically unnecessary research on animal subjects that is
classified under pain and distress categories "D" or "E" by the
United States Department of Agriculture.
(b) Applicability.--Subsection (a) does not apply to the
direct funding of research for the construction or maintenance
of facilities, the purchase or maintenance of general-use
equipment, overhead costs, capital improvements or faculty or
employee salaries.
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30 § 58A03. Prohibiting Commonwealth funding for animal subject
devocalization.
A recipient of Commonwealth funds is prohibited from using
Commonwealth funds to devocalize an animal subject, to procure
for use an animal subject that has undergone devocalization or
to conduct research on animal subjects that have undergone
devocalization.
§ 58A04. Animal testing facilities and adoption of animal
subjects.
(a) Requirements.--An animal testing facility that receives
Commonwealth funds and no longer has need of an animal subject
in its possession shall, provided that doing so does not pose a
risk to the health or safety of the public or the welfare of the
animal subject:
(1) offer the animal subject for release to a releasing
agency for eventual adoption or for adoption through a
private placement; or
(2) if the testing facility is operated by an agency or
institution of higher education, develop its own adoption
program, provided that the program maintains records that
comply with 3 Pa.C.S. § 2349 (relating to records and
inspections).
(b) Manner of release.--
(1) The animal testing facility shall keep an offer for
release open for a reasonable length of time for a duration
of not less than 21 days, prior to euthanizing an animal
subject.
(2) The animal testing facility may enter into an
agreement with a releasing agency for compliance with this
section.
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30 (c) Immunity.--An animal testing facility shall not be
liable for harm caused by or a defect suffered by an animal
subject placed, in good faith, for adoption in compliance with
this section.
§ 58A05. Disclosure requirements.
(a) Clear language.--A person that submits to a Commonwealth
agency a proposal in response to a request for proposal or bid
in response to an invitation for bids relating to a project or
program that involves animal subjects and is to be financed by
Commonwealth funds, shall clearly state in the proposal or bid:
(1) The percentage of the total costs of the program or
project to be financed with Commonwealth funds.
(2) The dollar amount of Commonwealth funds for the
project or program.
(3) The percentage and dollar amount of the total costs
of the project or program that will be financed by
nongovernmental sources.
(b) Disclosure in other records.--The duty in subsection (a)
shall include a press release or other record of the person that
identifies the project or program.
§ 58A06. Penalty.
A person that has a duty under this subchapter and fails to
comply with the duty may not receive Commonwealth funds for a
period of one year from the date of the noncompliance.
§ 58A07. Annual report by State Treasurer.
(a) Duty of State Treasurer.--Not later than 180 days after
the effective date of this section and each March 1 thereafter,
the State Treasurer shall submit a report to the President pro
tempore of the Senate and the Speaker of the House of
Representatives and shall post the report on the Treasury
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30 Department's publicly accessible Internet website. The report
shall cover the prior calendar year. The report shall include
the following information:
(1) The total amount of Commonwealth funds expended to
support animal research during the calendar year.
(2) A list of active animal research projects for which
Commonwealth funds were expended, including project titles,
animal species, number of animals, calendar year cost, the
total cost to date and the start and end date of the
expenditure.
(3) A list of the names and business addresses of the
recipients of Commonwealth funding for the animal research
projects.
(b) Duty of Commonwealth agencies to cooperate.--The State
Treasurer may request that a Commonwealth agency provide
information deemed necessary by the State Treasurer to carry out
the duty under subsection (a), and the Commonwealth agency shall
cooperate with the State Treasurer by providing the information
requested.
§ 58A08. Annual report by recipients of Commonwealth funds.
An institution of higher education, whether public or
private, in this Commonwealth that is a recipient of
Commonwealth funds and uses animal subjects or other animals in
research shall post on its publicly accessible Internet website,
not later than April 1, 2026, a written report on animal
research conducted on the animal subjects and other animals
during the course of the prior calendar year. The report shall
be posted in a conspicuous and easily accessible manner so that
the public can access a copy of the report electronically. The
written report shall contain the following:
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30 (1) The total amount of money expended for animal
research by the institution during the preceding calendar
year, itemized by Federal, State, private and other revenue
sources.
(2) A list of active animal research projects, including
project titles, the department of the institution conducting
the research, species of animals, number of animals, calendar
year cost, total cost to date, funding source and the start
and end date of the project.
(3) A review of compliance with 7 U.S.C. Ch. 54
(relating to transportation, sale, and handling of certain
animals), the United States Public Health Policy on Humane
Care and Use of Laboratory Animals and other applicable
Federal, State and local law, regulations and policies
governing animal research. The review shall include an
explanation of any animal research noncompliance documented
during the preceding calendar year and corrective actions
taken in each case.
(4) The number of animals by species adopted out from
research laboratories during the preceding calendar year to
animal shelters or to animal rescue organizations, and the
number of animals euthanized by the institution.
(5) Current roster for any institutional animal care and
use committee within the institution.
(6) A detailed explanation of specific efforts by the
institution to refine, reduce and replace the use of animals
in research during the preceding calendar year. The
explanation shall include the number of animals by species
used in research each year for the past three calendar years
and anticipated numbers in the next calendar year. The use of
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30 animals in research shall include animals used in scientific
research, in testing and for experimentation purposes.
SUBCHAPTER B
SALE
Sec.
58A11. Scope of subchapter.
58A12. Definitions.
58A13. Prohibition on sale of dogs and cats bred by certain
persons.
58A14. Duty of persons, kennels and animal testing facilities
to offer dogs and cats for adoption.
58A15. General powers of secretary.
58A16. Recordkeeping requirements for persons and kennels
engaged in the raising of dogs or cats for research
purposes.
58A17. Whistleblower protection.
58A18. Annual report.
58A19. Penalties.
58A20. Regulations.
§ 58A11. Scope of subchapter.
This subchapter relates to the protection of dogs and cats.
§ 58A12. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Animal testing facility." A facility, including a private
entity, State agency or an institution of higher education, that
confines and uses dogs or cats for research, education, testing
or other scientific or medical purposes. The term shall include
any of the following:
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30 (1) A kennel or facility subject to the Public Health
Service Policy on Humane Care and Use of Laboratory Animals
provided for under 42 U.S.C. Ch. 6A (relating to public
health service) .
(2) A kennel or facility subject to the provisions of 21
CFR Pt. 58 (relating to good laboratory practice for
nonclinical laboratory studies), 21 U.S.C. Ch. 9 (relating to
Federal Food, Drug, and Cosmetic Act) or 42 U.S.C. Ch. 6A .
(3) A research kennel licensed under the Dog law.
"Dealer." A person who in the regular course of business for
compensation or profit buys, sells, transfers, exchanges or
barters dogs and cats. The term does not include any of the
following:
(1) A person who transports companion animals in the
regular course of business as a common carrier.
(2) A person whose primary purpose is to find permanent
adoptive homes for companion animals.
"Department." The Department of Agriculture of the
Commonwealth.
"Dog Law." The act of December 7, 1982 (P.L.784, No.225),
known as the Dog Law.
"Kennel." As defined in section 102 of the Dog Law.
"Police officer." As defined in section 102 of the Dog Law.
"Releasing agency." As defined in section 901-A of the Dog
Law.
"Research." As defined in section 102 of the Dog Law.
"Research kennel." As defined in section 102 of the Dog Law.
"State dog warden." As defined in section 102 of the Dog
Law.
§ 58A13. Prohibition on sale of dogs and ca ts bred by certain
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30 persons .
Notwithstanding the provisions of section 908 of the Dog Law,
a dealer or kennel may not sell or offer for sale, including a
sale for research purposes, a dog or cat bred by a person who
has received any of the following from the United States
Department of Agriculture as authorized under 7 U.S.C. Ch. 54
(relating to transportation, sale, and handling of certain
animals) or relevant regulations :
(1) A citation for a direct or critical violation or
citations for three or more indirect or noncritical
violations during the two-year period before the procurement
of the dog or cat.
(2) Two consecutive citations for no access to a housing
facility before the procurement of the dog or cat.
§ 58A14. Duty of persons, kennels and animal testing facilities
to offer dogs and cats for adoption.
(a) Duties.--
(1) If any person, kennel or animal testing facility
specified under paragraph (2) does not have a need for a dog
or cat in its possession and the dog or cat does not pose a
health or safety risk to the public or the welfare of the dog
or cat, the person, kennel or animal testing facility shall
o ffer for release the dog or cat to a releasing agency for
eventual adoption or for adoption through a private
placement. In the case of an animal testing facility operated
by a State agency or an institution of higher education, the
animal testing facility may develop its own adoption program.
(2) Paragraph (1) shall apply only to the following:
(i) A person who raises cats regulated under Federal
law as research animals or sells or transfers cats to an
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30 animal testing facility.
(ii) A kennel that breeds dogs regulated under
Federal law as research animals.
(iii) A kennel that sells or transfers dogs to an
animal testing facility or a research kennel.
(iv) An animal testing facility.
(3) Any person, kennel or animal testing facility
subject to this subsection shall keep the offer for release
under paragraph (1) available for a reasonable period of time
for a duration of no less than 21 days before euthanizing a
dog or cat specified under paragraph (1).
(b) Implementation.--Any person, kennel or animal testing
facility under subsection (a) may enter into an agreement with a
releasing agency to implement the requirements under subsection
(a).
(c) Liability.--Any person, kennel or animal testing
facility under subsection (a) shall not be liable for harm
caused by or a defect suffered by a dog or cat placed, in good
faith, for adoption in compliance with subsection (a).
(d) Annual reports.-- Any person, kennel or animal testing
facility under subsection (a) shall annually submit a report to
the department stating the number of dogs and cats that were
adopted under subsection (a) and the name of each releasing
agency utilized by the person, kennel or animal testing
facility.
§ 58A15. General powers of secretary.
In addition to the authority of the Secretary of Agriculture
under section 211 of the Dog Law, the secretary shall revoke a
kennel license, dealer license or out-of-State dealer license if
a licensee is convicted of a violation of 7 U.S.C. Ch. 54
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30 (relating to transportation, sale, and handling of certain
animals) or 18 U.S.C. § 48 (relating to animal crushing).
§ 58A16. Recordkeeping requirements for persons and kennels
engaged in the raising of dogs or cats for research
purposes.
(a) Requirements.--
(1) A person or kennel specified under paragraph (2) and
engaged in the raising of dogs or cats for research purposes
shall keep accurate records of all of the following:
(i) A dog or cat purchased, acquired, owned, held or
otherwise in the possession or control of the person or
kennel.
(ii) A dog or cat transported, euthanized, sold or
otherwise disposed of during the two-year period from the
date of the purchase, acquisition, transfer or
disposition of the dog or cat.
(2) Paragraph (1) shall apply only to the following:
(i) A person who raises cats regulated under Federal
law as research animals or sells or transfers cats to an
animal testing facility.
(ii) A kennel that breeds dogs regulated under
Federal law as research animals.
(iii) A kennel that sells or transfers dogs to an
animal testing facility or a research kennel.
(b) Records.--The records under subsection (a) shall include
all of the following:
(1) The name and address of the person from whom a dog
or cat was purchased or acquired and the person's license or
registration number if the person is licensed or registered
under 7 U.S.C. Ch. 54 (relating to transportation, sale, and
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30 handling of certain animals) .
(2) The date on which a dog or cat was purchased or
acquired.
(3) The name and address of the person to whom a dog or
cat was sold, given or transferred and the person's license
or registration number if the person is licensed or
registered under 7 U.S.C. Ch. 54 .
(4) The official United States Department of
Agriculture's tag number or tattoo assigned to a dog or cat
under 7 U.S.C. Ch. 54 .
(5) A description of a dog or cat, including all of the
following:
(i) The species and breed or type.
(ii) The sex.
(iii) The date of birth or approximate age.
(iv) The color and distinctive markings.
(6) The date and number of offspring born of a dog or
cat while in the possession or under the control of the
person or kennel under subsection (a) .
(7) Medical care and vaccinations provided to a dog or
cat.
(8) The date and method of disposition of a dog or cat,
including the sale, death and cause of death of the dog or
cat if the disposition is not euthanasia, adoption or
transfer.
(9) The number of dogs or cats in the possession of the
person or kennel under subsection (a) that the person or
kennel does not need.
(10) The number of dogs or cats described under
paragraph (9) that have been offered for transfer to a
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30 releasing agency for eventual adoption or for adoption
through private placement.
(c) Inspections.--A person or kennel under subsection (a)
shall ensure that the records under subsection (a) are legible
and the records shall be open to inspection and may be copied by
an employee of the department, State dog warden or police
officer.
(d) Submission.--A person or kennel under subsection (a)
shall annually submit a summary of the records under subsection
(a) to the department in a form determined by the department.
§ 58A17. Whistleblower protection.
An employee of any person, dealer, kennel, animal testing
facility, private entity, State agency or institution of higher
education subject to this subchapter shall be deemed to be an
employee under the act of December 12, 1986 (P.L.1559, No.169),
known as the Whistleblower Law, with regard to a good faith
report of a potential violation of this subchapter, the Dog Law
or 7 U.S.C. Ch. 54 (relating to transportation, sale, and
handling of certain animals) . Any dealer, kennel, animal testing
facility, private entity, State agency or institution of higher
education subject to this subchapter shall be deemed to be an
employer under the Whistleblower Law with regard to a good faith
report of a potential violation of this subchapter, the Dog Law
or 7 U.S.C. Ch. 54 .
§ 58A18. Annual report.
No later than July 1, 2026 , and each July 1 thereafter, the
department shall submit a report summarizing the information
collected under this subchapter and complaints, enforcement
activities and penalties authorized under this subchapter to the
following:
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30 (1) The chair and minority chair of the Agriculture and
Rural Affairs Committee of the Senate.
(2) The chair and minority chair of the Agriculture and
Rural Affairs Committee of the House of Representatives.
§ 58A19. Penalties.
A violation of this subchapter shall constitute a misdemeanor
of the third degree.
§ 58A20. Regulations.
The department may promulgate regulations as necessary to
implement this subchapter.
SUBCHAPTER C
CERTAIN TESTING PROHIBITED
Sec.
58A31. Definitions.
58A32. Certain test methods prohibited.
58A33. Report.
58A34. Remedy.
§ 58A31. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Alternative test method or strategy." A test method,
including a new or revised method, that:
(1) does not use animals;
(2) provides information of equivalent or better
scientific quality and relevance compared to traditional
animal test methods; and
(3) includes, but is not limited to, computational
toxicology and bioinformatics, high-throughput screening
methods, testing of categories of chemical substances, tiered
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systems.
"Animal." Any live vertebrate other than humans.
"Biomedical research." The investigation of the biological
processes and causes of disease or research conducted to
increase fundamental scientific knowledge or to expand the
understanding about how processes in living organisms develop
and function. The term shall not include testing conducted to
assess the safety or efficacy of chemicals, ingredients, drugs,
vaccines, product formulations or products.
"Department." The Department of Agriculture of the
Commonwealth.
"Product testing facility." Any entity, institution,
business, partnership, corporation, association or other legal
relationship that tests chemicals, ingredients, drugs, vaccines,
product formulations or products in this Commonwealth.
"Traditional animal test method." A process, procedure or
experiment using animals to obtain information on the
characteristics of a chemical, ingredient, drug, vaccine,
product formulation or product and that generates information
regarding the ability of the chemical, ingredient, drug,
vaccine, product formulation or product to produce a specific
biological effect under specified conditions.
§ 58A32. Certain test methods prohibited.
(a) Prohibition.--It is unlawful for a product testing
facility to use a traditional animal test method in the
Commonwealth if an agency responsible for regulating the
specific product or activity for which the test method is being
used has either:
(1) approved an alternative test method or strategy; or
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traditional animal test method.
(b) Alternative.--If no alternative test method or strategy
and no waiver is available under subsection (a), a product
testing facility shall use a traditional animal test method
using the fewest number of animals possible and reduce the level
of pain, suffering and stress of an animal used for testing.
(c) Application.--No provision of this section shall be
construed to:
(1) apply to any animal research conducted for the
purposes of biomedical research;
(2) prohibit the use of any non-animal test method or
strategy for the testing of any chemical, ingredient, drug,
vaccine, product formulation or product that is not described
in the definition of "alternative test method or strategy";
(3) prohibit the use of traditional animal test methods
to comply with requirements of Federal or State agencies; or
(4) prohibit the use of traditional animal test methods
if needed to comply with a written request from a Federal or
State agency in circumstances where the agency has approved
an alternative test method or strategy but also expressly
concluded that a traditional animal test method is needed to
fully assess the impacts on the health or safety of
consumers.
§ 58A33. Report.
Each product testing facility in this Commonwealth shall
annually submit a report to the department by June 30, 2026, and
each June 30 thereafter, regarding any traditional animal test
method or alternative test method or strategy conducted in the
prior calendar year. The report under this section shall be
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30 posted on each product testing facility's publicly accessible
Internet website no later than 90 days following the submission
of the report under this section to the department. The report
shall include:
(1) The number and species of animals used.
(2) The type and number of alternative test methods or
strategies used.
(3) The number of waivers used.
(4) The reason for using any traditional animal test
methods, alternative test methods or strategies or waivers,
including an explanation for why a traditional animal test
method was required.
§ 58A34. Remedy.
Upon a violation of this subchapter or any rules, regulations
or orders issued under this subchapter, the Attorney General may
institute a civil action in Commonwealth Court or in the court
of common pleas of the judicial district in which the violation
occurs for injunctive relief to restrain the violation and for
such other relief as the court shall deem proper. Neither the
institution of this action nor any of the proceedings therein
shall relieve any party to the proceedings from other fines or
penalties prescribed for the violation of this subchapter or any
rule.
Section 3. This act shall take effect in 180 days.
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19
20
21
22
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24