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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1310
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
HUMAN
FETAL
TISSUE;
AMENDING
TITLE
39,
IDAHO
CODE,
BY
THE
ADDI
-
2
TION
OF
A
NEW
CHAPTER
69,
TITLE
39,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
3
REGARDING
THE
USE
OF
HUMAN
FETAL
TISSUE
IN
PRODUCTS;
AND
DECLARING
AN
4
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Title
39,
Idaho
Code,
be,
and
the
same
is
hereby
amended
7
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
8
ter
69,
Title
39,
Idaho
Code,
and
to
read
as
follows:
9
CHAPTER
69
10
HUMAN
FETAL
TISSUE
IN
PRODUCTS
1
1
39
-
6901.
HUMAN
FETAL
TISSUE
IN
PRODUCTS.
(1)
All
products
that
use
any
12
ingredients
or
additives
that
have
been
subjected
to
the
use
of
human
fetal
13
tissue
in
the
testing
or
production
phase
shall
include
explicit
labeling
14
indicating
inclusion
of
human
fetal
tissue
in
the
research,
production,
or
15
development
of
the
product.
16
(2)
The
provisions
of
this
section
shall
apply
to
any
vaccination
or
17
medical
product
that
includes
human
fetal
tissue
and
shall
apply
to
products
18
where
testing
was
performed
on
the
final
product,
or
its
components
or
mate
-
19
rials,
or
to
the
specific
production
lot
or
batch
of
the
product,
or
its
com
-
20
ponents
or
materials.
21
(3)
Manufacturers
shall
be
strictly
liable
for
a
violation
of
the
pro
-
22
visions
of
subsection
(1)
of
this
section.
Retailers
shall
be
liable
only
if
23
they
had
actual
knowledge
that
the
product
required
labeling
as
provided
in
24
subsection
(1)
of
this
section
and
failed
to
do
so.
25
(4)
When
the
attorney
general
has
reason
to
believe
that
any
person
or
26
entity
is
violating
or
has
violated
the
requirements
of
this
section,
the
27
attorney
general
may
bring
an
action
to
obtain
injunctive
relief
and
civil
28
penalties
of
up
to
five
thousand
dollars
($5,000)
per
violation
or
up
to
five
29
percent
(5%)
of
the
gross
revenue
derived
from
the
sale
of
the
violating
30
product
in
this
state
while
such
sales
were
in
violation.
The
injunction
31
shall
be
sufficient
to
prevent
the
defendant
from
violating
the
requirements
32
of
this
section.
33
(5)(a)
It
shall
be
an
affirmative
defense
that:
34
(i)
Consumers
have
been
conspicuously
informed
while
purchasing
35
that
the
product
has
been
subjected
to
the
use
of
human
fetal
tis
-
36
sue,
such
as:
37
1.
For
online
sales,
by
a
prominent
display
on
the
website
38
the
product
was
ordered
from;
or
39
2.
For
in
-
person
sales,
by
being
informed
vocally;
40
2
(ii)
A
manufacturer
established
and
maintained
written
policies
1
reasonably
designed
to
ensure
compliance
with
the
provisions
of
2
subsection
(1)
of
this
section,
including
verification
from
in
-
3
gredient
suppliers,
and
informed
retailers
of
such
policies;
and
4
(iii)
A
retailer
relied
in
good
faith
on
the
labeling
provided
by
a
5
manufacturer.
6
(b)
It
shall
not
be
an
affirmative
defense
that
the
manufacturer
or
re
-
7
tailer
is
not
based
in
this
state.
8
(6)
As
used
in
this
section,
"human
fetal
tissue"
means
tissue
or
cells
9
obtained
from
a
dead
human
embryo
or
fetus
after
a
spontaneous
or
induced
10
abortion
or
after
a
stillbirth
and
includes
any
fetal
cell,
embryonic
cell,
1
1
or
cell
line
derived
from
a
fetal
or
embryonic
cell
and
any
derivative
bio
-
12
logical
matter
such
as
deoxyribonucleic
acid
(DNA)
or
proteins
originating
13
from
such
tissue,
cells,
or
cell
lines.
14
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
15
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
16
July
1,
2026.
17