Read the full stored bill text
PRIOR PRINTER'S NOS. 328, 1101 PRINTER'S NO. 1157
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 381
Session of
2025
INTRODUCED BY MASTRIANO, COMITTA, FONTANA, BROOKS, PHILLIPS-
HILL, SCHWANK, KANE, BROWN, PISCIOTTANO, MUTH, KIM,
L. WILLIAMS, ARGALL, PENNYCUICK, ROBINSON AND PICOZZI,
MARCH 6, 2025
AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 9, 2025
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, 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. Title 35 of the Pennsylvania Consolidated
Statutes 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
D. REMEDIES
SUBCHAPTER A
EXPERIMENTATION
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Sec.
58A01. Definitions.
58A02. Prohibiting Commonwealth funding for painful CERTAIN
animal subject experimentation.
58A03. Compliance with cruelty of animal provisions for
Commonwealth funding.
58A04. Animal testing facilities and adoption of animal
subjects.
58A05. Disclosure requirements.
58A06 58A05 . Penalty.
58A07. Annual reporting on 58A06. DISCLOSURE OF Commonwealth-
funded animal research.
58A08. Annual report by recipients of Commonwealth funds.
58A07. REGULAR DISCLOSURE OF FEDERAL REPORTS.
§ 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.
"Animal testing facility." A facility, including a private
entity, State agency or institution of higher education, that
houses and uses animal subjects for research, education, testing
or other scientific or medical purposes. THE TERM SHALL NOT
INCLUDE DIAGNOSTIC, TREATMENT OR VETERINARY CARE OF ANIMAL
SUBJECTS.
"Commonwealth funds." Money of a fund or account in the
State Treasury of the Commonwealth.
"Institution of higher education." A State-owned university,
community college or State-related institution.
"Medically unnecessary." Not carried out solely for the
20250SB0381PN1157 - 2 -
<--
<--
<--
<--
<--
<--<--
<--
<--
<--<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
"Releasing agency." As defined in section 901-A of the act
of December 7, 1982 (P.L.784, No.225), known as the Dog Law.
§ 58A02. Prohibiting Commonwealth funding for painful CERTAIN
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 CATEGORY
"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.
§ 58A03. Compliance with cruelty to animal provisions for
Commonwealth funding.
An animal testing facility that receives Commonwealth funds
shall comply with 18 Pa.C.S. Ch. 55 Subch. B (relating to
cruelty to animals).
AN ANIMAL TESTING FACILITY THAT RECEIVES COMMONWEALTH FUNDS
SHALL COMPLY WITH:
(1) 18 PA.C.S. CH. 55 SUBCH. B (RELATING TO CRUELTY TO
ANIMALS); AND
(2) THE ACT OF DECEMBER 12, 1986 (P.L.559, NO.169),
KNOWN AS THE WHISTLEBLOWER LAW.
§ 58A04. Animal testing facilities and adoption of animal
subjects.
20250SB0381PN1157 - 3 -
<--
<--
<--<--
<--
<--<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Requirements.--An animal testing facility that utilizes
animal subjects for scientific , educational or research purposes
and receives Commonwealth funds for those purposes shall, after
the completion of testing or research involving an animal
subject that does not require euthanasia of the animal subject
upon the termination of the study, as defined and approved by
the research or testing protocol, assess the health of the
animal subject and determine whether the animal subject is
suitable for adoption. The following shall apply:
(1) If the animal subject is determined to be suitable
for adoption, the animal testing facility shall offer the
animal subject for adoption to a releasing agency for
eventual adoption or through the animal testing facility's
adoption program to a private individual or employee for
adoption.
(2) If the testing facility operates its own adoption
program, it must maintain records in compliance with 3
Pa.C.S. § 2349 (relating to records and inspections).
(b) Manner of release.--
(1) The attending veterinarian or designee at an animal
testing facility shall have the sole authority to assess the
animal subject and determine whether the animal subject is
suitable for adoption.
(2) Prior to euthanizing an animal subject, the animal
testing facility shall keep an offer for release open for a
reasonable length of time for a duration of not less than 30
days. Nothing in this paragraph shall be construed to require
euthanizing an animal subject.
(3) The animal testing facility may enter into an
agreement with a releasing agency of its choice for
20250SB0381PN1157 - 4 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
compliance with this section.
(c) Immunity.--An animal testing facility, including the
facility's employees, faculty, staff, agents, contractors or
representatives, shall not be liable for any harm, injury,
property damage or other damage or loss caused by or that
otherwise results from the adoption of an animal subject, nor
for any illness or disease or physical or behavioral condition
of 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) Record retention.--All records required to be maintained
under this section, or related to the course of conduct
regulated by this section, shall be retained for a period of not
less than two years and shall be made available to agency
employees for inspection.
§ 58A06 58A05 . Penalty.
A person that has a duty under this subchapter and fails to
comply with the duty may not receive Commonwealth funds for a
20250SB0381PN1157 - 5 -
<--<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
period of one year from the date of the noncompliance.
§ 58A07. Annual reporting on Commonwealth-funded animal
research.
(a) Applicability.--This section shall apply to any
Commonwealth agency or institution of higher education that
provides or authorizes the expenditure of Commonwealth funds for
a project or program involving the use of animal subjects.
(b) Required disclosure.--On or before September 1 of each
year, each Commonwealth agency or institution of higher
education subject to this section shall submit a report to the
Treasury Department containing the following information,
covering activities from the prior calendar year:
(1) A description of each project or program involving
animal subjects that received Commonwealth funds.
(2) The total amount of Commonwealth funds expended on
each project or program.
(3) The animal species and estimated number of animals
used, if known or available.
(4) The stated research purpose of the project or
program.
(5) Any other information requested by the Treasury
Department under subsection (d).
(c) Responsibilities of the Treasury Department.--On or
before December 1 of each year, the Treasury Department shall:
(1) Compile, summarize and issue a report based on the
information submitted under subsection (b).
(2) Transmit the report issued under paragraph (1) to
the:
(i) President pro tempore of the Senate;
(ii) Speaker of the House of Representatives;
20250SB0381PN1157 - 6 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iii) chairperson and minority chairperson of the
Appropriations Committee of the Senate;
(iv) chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives;
(v) chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the Senate;
and
(vi) chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the House of
Representatives.
(3) Post the report issued under paragraph (1) on the
publicly accessible Internet website of the Treasury
Department.
(d) Authority of the Treasury Department.--The Treasury
Department may:
(1) prescribe the form and format for submission of
agency and institution of higher education reports; and
(2) request additional information necessary to carry
out the responsibilities of the Treasury Department under
this section.
(e) Compliance and enforcement.--Failure of a Commonwealth
agency or institution of higher education to comply with this
section may be referred to the Attorney General. Future
Commonwealth funding for noncompliant research projects may be
suspended by legislative or executive action.
§ 58A08. Annual report by recipients of Commonwealth funds.
An institution of higher education 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
20250SB0381PN1157 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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:
(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) 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.
(4) 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
animals in research shall include animals used in scientific
research, in testing and for experimentation purposes.
§ 58A06. DISCLOSURE OF COMMONWEALTH-FUNDED RESEARCH.
(A) DISCLOSURE.--UPON REQUEST BY THE TREASURY DEPARTMENT, AN
ANIMAL TESTING FACILITY SHALL PROVIDE THE TREASURY DEPARTMENT
WITH THE TOTAL AMOUNT OF COMMONWEALTH FUNDS RECEIVED BY THE
20250SB0381PN1157 - 8 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ANIMAL TESTING FACILITY PER FISCAL YEAR.
(B) AUTHORITY OF THE TREASURY DEPARTMENT.--THE TREASURY
DEPARTMENT MAY:
(1) PRESCRIBE THE FORM AND FORMAT FOR SUBMISSION BY THE
ANIMAL TESTING FACILITY; AND
(2) REQUEST ADDITIONAL INFORMATION NECESSARY TO CARRY
OUT THE RESPONSIBILITIES OF THE TREASURY DEPARTMENT UNDER
THIS SECTION, EXCEPT FOR INFORMATION THAT AN ANIMAL TESTING
FACILITY IDENTIFIES AS TRADE SECRETS OR CONFIDENTIAL
PROPRIETARY INFORMATION.
(C) COMPLIANCE.--FUTURE COMMONWEALTH FUNDING FOR
NONCOMPLIANT RESEARCH PROJECTS MAY BE SUSPENDED BY LEGISLATIVE
OR EXECUTIVE ACTION.
§ 58A07. REQUIRED DISCLOSURE OF FEDERAL REPORTS.
AN ANIMAL TESTING FACILITY IN THIS COMMONWEALTH THAT UTILIZES
ANIMAL SUBJECTS FOR SCIENTIFIC OR RESEARCH PURPOSES, AND
RECEIVES COMMONWEALTH FUNDS FOR THOSE PURPOSES, SHALL POST ON
ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE A CLEARLY IDENTIFIABLE
LINK TO THE PUBLIC SEARCH TOOL MAINTAINED BY THE UNITED STATES
DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION
SERVICE. THE LINK SHALL BE POSTED IN A CONSPICUOUS AND EASILY
ACCESSIBLE MANNER.
SUBCHAPTER B
SALE
Sec.
58A11. Scope of subchapter.
58A12 58A11 . Definitions.
58A13 58A12 . Prohibition on sale of dogs and cats bred by
certain persons.
58A14. Duty of persons, kennels and animal testing facilities
20250SB0381PN1157 - 9 -
<--
<--<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to offer dogs and cats for adoption.
58A15 58A13 . General powers of secretary.
58A16 58A14 . Recordkeeping requirements for persons and kennels
engaged in the raising of dogs or cats for research
purposes.
58A17. Whistleblower protection.
58A18. Annual report.
58A19. (Reserved) .
58A20 58A15 . Regulations.
§ 58A11. Scope of subchapter.
This subchapter relates to the protection of dogs and cats.
§ 58A1 2 58A11 . 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.
"Animal testing facility." A facility, including a private
entity, State agency or an institution of higher education, that
houses and uses dogs or cats for research, education, testing or
other scientific or medical purposes. The term shall include any
of the following:
(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. THE
20250SB0381PN1157 - 10 -
<--
<--
<--
<--<--
<--
<--
<--
<--<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
TERM SHALL NOT INCLUDE DIAGNOSTIC, TREATMENT OR VETERINARY
CARE OF ANIMAL SUBJECTS.
"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.
"Institution of higher education." A State-owned university,
community college or State-related institution.
"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 58A12 . Prohibition on sale of dogs and ca ts bred by
certain 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 , AND HAS BEEN FOUND TO BE IN VIOLATION FOLLOWING
20250SB0381PN1157 - 11 -
<--
<--<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
FULL ADJUDICATION OF, 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) An animal testing facility shall, after the
completion of testing or research involving an animal subject
that does not require euthanasia of the animal subject upon
the termination of the study, as defined and approved by the
research of testing protocol, assess the health of the animal
subject and determine whether the animal subject is suitable
for adoption. The attending veterinarian or designee at an
animal testing facility shall have the sole authority to
assess the animal subject and determine whether the animal
subject is suitable for adoption.
(2) If the animal subject is determined to be suitable
for adoption, the animal testing facility shall offer the
animal subject for adoption to a releasing agency or through
the animal testing facility's adoption program to a private
individual.
(3) Paragraph (1) shall apply only to the following:
(i) A person who raises cats regulated under Federal
20250SB0381PN1157 - 12 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(iv) An animal testing facility.
(4) Prior to euthanizing an animal subject, 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 30 days. Nothing in this paragraph shall be
construed to require euthanizing an animal subject.
(5) Any person, kennel or animal testing facility may
enter into an agreement with a releasing agency of its choice
for compliance with this section.
(6) An animal testing facility, including the facility's
employees, faculty, staff, agents, contractors and
representatives, shall not be liable for harm, injury,
property damage or other damage or loss by or what otherwise
results from the adoption of an animal subject, nor for any
illness or disease or physical or behavioral condition of an
animal subject placed, in good faith, for adoption in
compliance with this section.
(b) 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.
20250SB0381PN1157 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 58A15 58A13 . 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 , OR dealer license or out-of-State dealer license
if a licensee is convicted of a violation of 7 U.S.C. Ch. 54
(relating to transportation, sale, and handling of certain
animals) or 18 U.S.C. § 48 (relating to animal crushing).
§ 58A16 58A14 . 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 AN ANIMAL SUBJECT for
research purposes shall keep accurate records of all of the
following:
(i) A dog or cat AN ANIMAL SUBJECT purchased,
acquired, owned, held or otherwise in the possession or
control of the person or kennel.
(ii) A dog or cat AN ANIMAL SUBJECT 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 ANIMAL SUBJECT .
(2) Paragraph (1) shall apply only to the following:
(i) A person who raises cats OR BREEDS ANIMAL
SUBJECTS regulated under Federal law as research animals
or sells or transfers cats ANIMAL SUBJECTS 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
20250SB0381PN1157 - 14 -
<--
<--<--
<--<--
<--<--
<--<--
<--<--
<--<--
<--<--
<--<--
<--<--1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
animal testing facility or a research kennel. (RESERVED).
(b) Records.-- The records required to be maintained under
this section shall be retained for a period of two years and
shall be made available for inspection only upon presentation of
a valid search warrant, court order or subpoena issued by a
court of competent jurisdiction. 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 AN ANIMAL SUBJECT 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 handling of certain animals) .
(2) The date on which a dog or cat AN ANIMAL SUBJECT was
purchased or acquired.
(3) The name and address of the person to whom a dog or
cat AN ANIMAL SUBJECT 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 A
ANIMAL SUBJECT under 7 U.S.C. Ch. 54 .
(5) A description of a dog or cat AN ANIMAL SUBJECT ,
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 AN ANIMAL SUBJECT while in the possession or under the
control of the person or kennel under subsection (a) .
20250SB0381PN1157 - 15 -
<--
<--
<--<--
<--<--
<--
<--
<--<--
<--
<--
<--1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(7) Medical care and vaccinations provided to a dog or
cat AN ANIMAL SUBJECT .
(8) The date and method of disposition of a dog or cat
AN ANIMAL SUBJECT , including the sale, death and cause of
death of the dog or cat ANIMAL SUBJECT if the disposition is
not euthanasia, adoption or transfer.
(9) The number of dogs or cats ANIMAL SUBJECTS 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 ANIMAL SUBJECTS
described under paragraph (9) that have been offered for
transfer to a releasing agency for eventual adoption or for
adoption through private placement.
(c) Record production.--A person shall not be subject to
prosecution under this section solely for declining to produce
records or documents unless:
(1) the production was ordered pursuant to a valid
search warrant, court order or subpoena; and
(2) the person knowingly and willfully failed to comply.
§ 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
20250SB0381PN1157 - 16 -
<--
<--<--
<--<--
<--<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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:
(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. (Reserved).
§ 58A20 58A15 . 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:
20250SB0381PN1157 - 17 -
<--
<--<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
testing methods, in vitro studies and microphysiological
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.
"Institution of higher education." A State-owned university,
community college or State-related institution.
"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,
20250SB0381PN1157 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
(2) made available or granted a waiver from the use of a
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;
(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
20250SB0381PN1157 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
concluded that a traditional animal test method is needed to
fully assess the impacts on the health or safety of
consumers;
(5) prohibit the use of traditional animal test methods
commenced prior to the effective date of this paragraph if
the methods are employed solely for the completion of the
specific research project; or
(6) prohibit the use of a traditional animal test method
that was initiated prior to agency approval of an alternative
test method or strategy, if the traditional animal test
method is employed solely for the completion of the specific
test.
§ 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
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.
20250SB0381PN1157 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 58A34. Remedy.
SUBCHAPTER C
CERTAIN TESTING AND SALE OF
ANIMAL-TESTED COSMETICS PROHIBITED
SEC.
58A21. DEFINITIONS.
58A22. CERTAIN TEST METHODS AND SALE OF ANIMAL-TESTED COSMETICS
PROHIBITED.
§ 58A21. 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." ANY LIVE VERTEBRATE OTHER THAN HUMANS.
"ANIMAL TEST." THE INTERNAL OR EXTERNAL APPLICATION OF A
COSMETIC, OR ANY INGREDIENT OF THE COSMETIC, TO A BODY PART OF
AN ANIMAL.
"COSMETIC." AS DEFINED UNDER 21 U.S.C. § 321(I) (RELATING TO
DEFINITIONS; GENERALLY).
"INGREDIENT." A COMPONENT OF A COSMETIC AS DEFINED BY 21 CFR
700.3 (RELATING TO DEFINITIONS).
"MANUFACTURER." A PERSON WHOSE NAME APPEARS ON THE LABEL OF
A COSMETIC PRODUCT PURSUANT TO THE REQUIREMENTS OF 21 CFR 701.12
(RELATING TO NAME AND PLACE OF BUSINESS OF MANUFACTURER, PACKER,
OR DISTRIBUTOR).
"MEDICAL RESEARCH." RESEARCH RELATED TO THE CAUSE,
DIAGNOSIS, TREATMENT, CONTROL OR PRESERVATION OF PHYSICAL OR
MENTAL DISEASES AND IMPAIRMENTS OF HUMANS AND ANIMALS OR RELATED
TO THE DEVELOPMENT OF BIOMEDICAL PRODUCTS, DEVICES OR DRUGS AS
DEFINED IN 21 U.S.C. § 321(G)(1) (RELATING TO DEFINITIONS;
GENERALLY). THE TERM DOES NOT INCLUDE THE TESTING OF AN
20250SB0381PN1157 - 21 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
INGREDIENT THAT WAS FORMERLY USED IN A DRUG, TESTED FOR THE
DRUG'S USE WITH TRADITIONAL ANIMAL METHODS TO CHARACTERIZE THE
INGREDIENT AND TO SUBSTANTIATE THE INGREDIENT'S SAFETY FOR HUMAN
USE AND IS PROPOSED FOR USE IN A PRODUCT OTHER THAN A
BIOMEDICAL, MEDICAL DEVICE OR DRUG.
"SUPPLIER." AN ENTITY THAT SUPPLIES, DIRECTLY OR THROUGH A
THIRD PARTY, ANY INGREDIENT USED IN THE FORMULATION OF A
MANUFACTURER'S COSMETIC.
§ 58A22. CERTAIN TEST METHODS PROHIBITED.
(A) PROHIBITION.--A MANUFACTURER MAY NOT SELL OR OFFER FOR
SALE IN THIS COMMONWEALTH A COSMETIC THAT WAS DEVELOPED OR
MANUFACTURED USING AN ANIMAL TEST IF THE TEST WAS CONDUCTED OR
CONTRACTED BY THE MANUFACTURER, OR ANY SUPPLIER OF THE
MANUFACTURER, ON OR AFTER JANUARY 1, 2027.
(B) APPLICATION.--NO PROVISION OF THIS SECTION SHALL BE
CONSTRUED TO:
(1) APPLY TO ANIMAL RESEARCH CONDUCTED FOR THE PURPOSES
OF MEDICAL RESEARCH; OR
(2) APPLY TO COSMETICS DEVELOPED OR MANUFACTURED USING
AN ANIMAL TEST IF:
(I) THE ANIMAL TEST IS REQUIRED BY A FEDERAL OR
STATE REGULATORY AUTHORITY AND:
(A) THE INGREDIENT THAT REQUIRES AN ANIMAL TEST
IS IN WIDE USE AND CANNOT BE REPLACED BY ANOTHER
INGREDIENT;
(B) A SPECIFIC HUMAN HEALTH PROBLEM IS
ASSOCIATED WITH THE INGREDIENT AND THE NEED TO
CONDUCT AN ANIMAL TEST ON THE INGREDIENT IS JUSTIFIED
AND SUPPORTED BY A RESEARCH PROTOCOL; AND
(C) THERE IS NO NONANIMAL TEST METHOD OR
20250SB0381PN1157 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
STRATEGY THAT IS ACCEPTED BY THE RELEVANT FEDERAL OR
STATE REGULATORY AUTHORITY AS A MEANS TO GATHER THE
RELEVANT DATA;
(II) THE ANIMAL TEST IS CONDUCTED OUTSIDE OF THE
UNITED STATES TO COMPLY WITH A REQUIREMENT OF A FOREIGN
REGULATORY AUTHORITY, IF NO EVIDENCE DERIVED FROM THE
TEST IS RELIED UPON TO SUBSTANTIATE THE SAFETY OF THE
COSMETIC PURSUANT TO FEDERAL OR STATE REGULATIONS;
(III) THE ANIMAL TEST IS CONDUCTED ON A PRODUCT OR
INGREDIENT SUBJECT TO THE REQUIREMENTS OF CHAPTER V OF
THE FOOD, DRUG, AND COSMETIC ACT (21 U.S.C. § 351 ET
SEQ.); OR
(IV) THE ANIMAL TEST IS CONDUCTED FOR NONCOSMETIC
PURPOSES PURSUANT TO A REQUIREMENT OF A FEDERAL, STATE OR
FOREIGN REGULATORY AUTHORITY. NO EVIDENCE DERIVED FROM
ANIMAL TESTING AFTER THE JANUARY 1, 2027, MAY BE RELIED
UPON TO ESTABLISH THE SAFETY OF A COSMETIC PURSUANT TO
FEDERAL OR STATE REGULATION UNLESS:
(A) THERE IS NO NONANIMAL METHOD OR STRATEGY
RECOGNIZED BY ANY FEDERAL AGENCY OR THE ORGANISATION
FOR ECONOMIC CO-OPERATION AND DEVELOPMENT FOR THE
RELEVANT SAFETY ENDPOINTS FOR THE INGREDIENT;
(B) THERE IS DOCUMENTED EVIDENCE OF THE
NONCOSMETIC INTENT OF THE TEST; AND
(C) THERE IS A HISTORY OF USE OF THE INGREDIENT
OUTSIDE OF COSMETICS AT LEAST ONE YEAR PRIOR TO THE
RELIANCE ON THE DATA.
(C) APPLICABILITY.--THE PROVISIONS OF THIS SECTION SHALL NOT
APPLY TO ANIMAL TESTING CONDUCTED ON AN INGREDIENT OR COSMETIC
IF THE TESTING TOOK PLACE PRIOR TO JANUARY 1, 2027. THIS SECTION
20250SB0381PN1157 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SHALL NOT PREVENT A MANUFACTURER FROM REVIEWING, ASSESSING OR
RETAINING DATA RESULTING FROM ANIMAL TESTING.
SUBCHAPTER D
REMEDIES
SEC.
58A31. REMEDIES.
58A32. (RESERVED).
§ 58A31. REMEDIES.
(a) Civil action.--Upon a violation of this subchapter
CHAPTER or any rule, regulation or order issued under this
subchapter CHAPTER , 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 occurred for
injunctive relief to restrain the violation and for other relief
as the court shall deem proper. Neither the institution of this
action nor any proceeding related to the action shall relieve
any party to the proceedings from other fines or penalties
prescribed for the violation of this subchapter CHAPTER or any
rule, regulation or order issued under this subchapter CHAPTER .
(b) Construction.--Nothing in this subchapter CHAPTER shall
be construed to:
(1) provide a private right of action to any person to
enforce any provision of this subchapter CHAPTER ; or
(2) create a cause of action against an institution of
higher education or an employee of the institution for any
civil liability.
§ 58A32. (RESERVED).
Section 2. This act shall take effect in 180 days.
20250SB0381PN1157 - 24 -
<--
<--<--
<--<--
<--<--
<--<--
<--<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28