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AB-889 Animal research.(2019-2020)

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Date Published: 02/20/2019 09:00 PM
AB889:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 889


Introduced by Assembly Member Maienschein

February 20, 2019


An act to amend Sections 1651, 1666, and 1669 of, to add Section 1671 to, and to repeal Section 1650 of, the Health and Safety Code, relating to animal research.


LEGISLATIVE COUNSEL'S DIGEST


AB 889, as introduced, Maienschein. Animal research.
Existing law states the policy of the Legislature that the public health and welfare depend on the humane use of animals for scientific research and education. Existing law authorizes the State Department of Public Health to prescribe rules under which approval shall be granted to persons who wish to keep or use animals for diagnostic purposes, education, or research, and to promulgate regulations governing this use. Existing law exempts certain persons from those requirements, including persons who use or keep animals for animal training and animal cosmetics, among other things. A person who violates these provisions is guilty of a misdemeanor.
This bill would delete the policy statement described above. The bill would define “animal” for purposes of these provisions as any live vertebrate nonhuman animal used for diagnostic purposes, education, or research, as specified. The bill would require persons seeking to keep or use animals for those purposes to submit an application to the department annually that includes specified information, including the total number of animals kept during the previous year and the purposes for which each animal was used. The bill would require the department to establish and maintain a publicly accessible online database of information obtained from those applications. The bill would remove the exemption for persons who keep or use animals for animal training and animal cosmetics, among other things. By expanding the scope of a crime, this bill would impose a state-mandated program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1650 of the Health and Safety Code is repealed.
1650.

The public health and welfare depend on the humane use of animals for scientific advancement in the diagnosis and treatment of human and animal diseases, for education, for research in the advancement of veterinary, dental, medical and biologic sciences, for research in animal and human nutrition, and improvement and standardization of laboratory procedures of biologic products, pharmaceuticals and drugs.

SEC. 2.

 Section 1651 of the Health and Safety Code is amended to read:

1651.
 (a) The State Department of Public Health Services shall administer the provisions of this chapter.
Every chapter. Every provision of this chapter shall be liberally construed to protect the interests of all persons and animals affected.

As

(b) As used in this chapter, “person” includes: the following definitions apply:
(1) A “person” includes a laboratory, firm, association, corporation, copartnership, and or educational institution.

As used in this chapter,

(2) The “board” or “department” means the State Department of Health Services. Public Health.
(3) An “animal” means a live vertebrate nonhuman animal kept or used by a person for the purposes described in this chapter.

SEC. 3.

 Section 1666 of the Health and Safety Code is amended to read:

1666.
 No shall (a) A person shall not keep or use animals for diagnostic purposes, education education, or research unless approved by the board. department.
(b) A person seeking to use an animal for diagnostic purposes, education, or research shall submit an application to the department, on an annual basis, that includes all of the following information:
(1) The total number of animals kept or used during the previous year, by species.
(2) The purposes for which animals were used during the previous year, and the number of animals used for each purpose, by species.
(3) For the previous year, the common name and number of animals in each pain and distress category defined in paragraphs (5) to (8), inclusive, of Section 2.36(b) of Title 9 of the Code of Federal Regulations.

SEC. 4.

 Section 1669 of the Health and Safety Code is amended to read:
1669.

This

1669.
 (a) This chapter applies to any person or facility using animals for research, testing, or training of scientists or healthcare providers, including a person or facility that is registered with the United States Department of Agriculture or has received an Animal Welfare Assurance from the National Institutes of Health.
(b) Notwithstanding subdivision (a), this chapter does not apply to any veterinary a veterinarian licensed to practice veterinary medicine in this State or to any state, or to a place of business operated by such veterinary, nor to animal training, animal cosmetics and routine animal husbandry practices, nor to laboratories subject to control or regulation by the National Institutes of Health or the Federal Bureau of Animal Industry. that veterinarian.

SEC. 5.

 Section 1671 is added to the Health and Safety Code, to read:

1671.
 (a) On or before August 1, 2021, the department shall establish and maintain a publicly accessible and searchable online database of information contained in applications submitted pursuant to Section 1666.
(b) For each application, the database shall include all of the following information:
(1) The name of the applicant.
(2) The total number of animals kept or used during the previous year, by species.
(3) The purposes for which animals were used during the previous year, and the number of animals used for each purpose, by species.
(4) For the previous year, the common name and number of animals in each pain and distress category defined in paragraphs (5) to (8), inclusive, of Section 2.36(b) of Title 9 of the Code of Federal Regulations.
(c) The department shall make the information in subdivision (b), and a copy of each application in its entirety, available through the database within 60 days after receiving an application.

SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.