Bill Text


PDF |Add To My Favorites |Track Bill | print page

SB-252 Toxicological testing on dogs and cats.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/25/2021 09:00 PM
SB252:v98#DOCUMENT

Amended  IN  Senate  February 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 252


Introduced by Senator Wiener
(Coauthor: Assembly Member Boerner Horvath) (Coauthors: Assembly Members Bloom and Kalra)

January 25, 2021


An act to amend Sections 3034, 3950, 3953, 3960.2, 4152, 4153, 4154, 4181.1, 12001.5, and 12005 of, to repeal Sections 302 and 303 of, and to repeal and add Chapter 9 (commencing with Section 4750) to Part 3 of Division 4 of, the Fish and Game Code, relating to bears. add Section 1834.9.3 to the Civil Code, relating to animal testing.


LEGISLATIVE COUNSEL'S DIGEST


SB 252, as amended, Wiener. Bears: take prohibition. Toxicological testing on dogs and cats.
Existing law prohibits manufacturers and contract testing facilities from using traditional animal test methods within the state for which an appropriate alternative test method has been scientifically validated and recommended by the Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) and adopted, as specified. Existing law exempts certain animal tests from these provisions, including animal tests performed for the purpose of medical research. Existing law provides that the exclusive remedy for a violation of these provisions is a civil action for injunctive relief brought by, among others, the Attorney General and makes a violation of these provisions punishable by a specified civil penalty.
This bill would prohibit a contract testing facility from conducting a canine or feline toxicological experiment, defined as any test or study of any duration that seeks to determine the effect of the application or exposure of any amount of a chemical substance on a dog or cat, unless the experiment is conducted for specified purposes, including medical research or to comply with federal requirements pertaining to the approval or maintenance of a medical device. The bill would authorize the Attorney General, the district attorney of the county in which the violation is alleged to have occurred, or the city attorney in certain instances to bring a civil action for a violation of these provisions, punishable by a civil penalty not to exceed $5,000 for each day that each dog or cat is used in a canine or feline toxicological experiment.
The bill would define various terms for purposes of carrying out these provisions.

Existing law designates bears as a game mammal and makes it unlawful to take any bear with a firearm, trap, or bow and arrow without first procuring a tag authorizing the taking of a bear. Existing law authorizes certain persons who possess a valid hunting license to procure the number of bear tags corresponding to the number of bears that may legally be taken by one person during the current license year upon payment of the applicable fee. Existing law prescribes various conditions with respect to the take of a bear under a bear tag.

Existing law authorizes any owner or tenant of land or property that is being damaged or destroyed or is in danger of being damaged or destroyed by elk, bear, beaver, wild pig, wild turkeys, or gray squirrels to apply to the Department of Fish and Wildlife for a depredation permit to kill the animals. Existing law requires the department, upon satisfactory evidence of the damage or destruction, actual or immediately threatened, to issue a revocable depredation permit for the taking and disposition of the animals under regulations adopted by the Fish and Game Commission. Existing law requires the permit for taking bears to contain specified facts.

Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal and may not be taken or possessed except as provided in the Fish and Game Code or in accordance with regulations adopted by the commission. Existing law provides that nongame mammals, among other specified species, that are found to be injuring growing crops or other property may be taken at any time or in any manner by specified persons in accordance with the Fish and Game Code and regulations adopted pursuant to that code. Existing law authorizes the department to enter into cooperative agreements with any state or federal agency for the purpose of controlling harmful nongame mammals. Existing law also authorizes the department to enter into cooperative contracts with the United States Fish and Wildlife Service for the control of nongame mammals.

Under existing law, a violation of the Fish and Game Code is a crime.

This bill would make it unlawful to hunt, trap, or otherwise take a bear of the genus Euarctos or the species Ursus americanus, except under specified circumstances, including under a depredation permit. The bill would authorize the department to adopt regulations to implement these provisions. The bill would remove the designation of game mammal for bears, thereby designating a bear as a nongame mammal, and would eliminate bear tags. The bill would prohibit the take of bears under the above-described authorizations for the take of nongame mammals. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

The bill would make various conforming changes and provide that its provisions are severable.

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: YESNO  

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


SECTION 1.

 This measure shall be known, and may be cited, as the Protection of Dogs and Cats from Unnecessary Testing Act.

SEC. 2.

 Section 1834.9.3 is added to the Civil Code, immediately following Section 1834.9, to read:

1834.9.3.
 (a) Notwithstanding any law, and in addition to the prohibitions set forth in Sections 1834.9 and 1834.9.5, a contract testing facility shall not conduct a canine or feline toxicological experiment in this state unless the experiment is conducted for any of the following purposes:
(1) Medical research.
(2) To comply with federal requirements pertaining to the approval or maintenance of a medical device, as defined under Section 321(h) of Title 21 of the United States Code.
(3) To achieve discovery, approval, or maintenance of a drug, pursuant to a testing requirement imposed by the United States Food and Drug Administration (FDA) under Section 505 or 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355 et seq. and 21 U.S.C. Sec. 360 et seq.) or Sec. 351 of the Public Health Service Act (42 U.S.C. Sec. 262 et seq.) or any binding agency regulation promulgated upon notice and comment thereunder, if the FDA has not otherwise expressly authorized drug manufacturers to use alternative test methods.
(4) To achieve discovery, approval, or maintenance of a biologic, pursuant to a testing requirement imposed by the United States Department of Agriculture (USDA) under the Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.) or any binding agency regulation promulgated upon notice and comment thereunder, if the USDA has not concluded that waivers shall be granted for the experimentation or studies or expressly indicated acceptance of alternative test methods.
(5) To achieve discovery, approval, registration, or maintenance of a pesticide, pursuant to a testing requirement imposed by the United States Environmental Protection Agency (EPA) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, (7 U.S.C., Sec. 136 et seq.) or any binding agency regulation promulgated upon notice and comment thereunder, if the EPA has not concluded that waivers shall be granted for such experimentation or studies or expressly indicated acceptance of alternative test methods.
(6) To comply with a requirement to conduct the experiment under the Toxic Substances Control Act (15 U.S.C., Sec. 2601 et seq.), if the EPA has not, pursuant to Section 2603(h) of Title 15 of the United States Code, concluded that waivers shall be granted for such experimentation or studies or expressly indicated acceptance of testing methods alternative to laboratory animal testing, including, but not limited to, in vitro, in silico, and in chemico approaches for identifying skin sensitization hazards.
(b) For purposes of this section, the following terms have the following meanings:
(1) “Alternative test method” means a test method that does not use animals, or in some cases reduces or refines the use of animals, for which the reliability and relevance for a specific purpose has been established by validation bodies, including, but not limited to, the Inter-Agency Coordinating Committee for the Validation of Alternative Methods and the Organisation for Economic Co-operation and Development. Alternative test methods include, but are not limited to, high-throughput screening methods, testing of categories of chemical substances, tiered testing methods, in vitro studies, and systems biology.
(2) “Cat” means a small domesticated carnivorous mammal that is a member of the family Felidae, order Carnivora.
(3) “Canine or feline toxicological experiment” means any test or study of any duration that seeks to determine the effect, if any, of the application or exposure, whether internal or external, of any amount of a chemical substance on a dog or cat. “Application or exposure” includes, but is not limited to, oral ingestion, skin or eye contact, or inhalation. “Application or exposure” does not include testing of veterinary products for canine or feline health.
(4) “Chemical substance” means any organic or inorganic substance, including, but not limited to, a drug, as defined in Section 321(g) of Title 21 of the United States Code, a pesticide, as defined in Section 136(u) of Title 7 of the United States Code, a chemical substance, as defined in Section 2602(2) of Title 15 of the United States Code, or a food additive, as defined in Section 321(s) of Title 21 of the United States Code.
(5) “Contract testing facility” means any partnership, corporation, association, or other legal relationship that tests chemicals, ingredients, product formulations, or products in this state.
(6) “Dog” means any member of the species Canis familiaris.
(7) “Medical research” means research related to the causes, progression, diagnosis, treatment, control, or prevention of physical or mental diseases and impairments or chronic conditions of humans or animals or related to the development of biomedical products or devices, as defined under Section 321(h) of Title 21 of the United States Code. Medical research does not include research related to the development of drugs as defined in Section 321(g)(1) of Title 21 of the United States Code.
(c) (1) Notwithstanding any other law, the Attorney General, the district attorney of the county in which the violation is alleged to have occurred, or a city attorney of a city or city and county having a population in excess of 750,000 and in which the violation is alleged to occurred, may bring a civil action for injunctive relief pursuant to this paragraph. If the court determines that the Attorney General, district attorney, or city attorney is the prevailing party in the enforcement action, the official may also recover costs, attorney fees, and a civil penalty not to exceed five thousand dollars ($5,000) for each day that each dog or each cat is used in a canine or feline toxicological experiment in violation of this section.
(2) The procedure set forth in paragraph (1) is the exclusive remedy for enforcing this section.
(d) Notwithstanding any other provision in this section, subdivision (a) shall not apply to testing or experimentation conducted for the purpose of developing, manufacturing, or marketing any product intended solely for use in nonhuman animals, including, but not limited to, animal vaccines, animal medicine, or flea and tick products intended to be applied only to nonhuman animals.

SEC. 3.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.