SB 381 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, prohibiting certain animal experimentation, sale and testing; and imposing penalties.

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
 1   Amending Titles 18 (Crimes and Offenses) and 35 (Health and
 2      Safety) of the Pennsylvania Consolidated Statutes, in riot,
 3      disorderly conduct and related offenses, further providing
 4      for nonapplicability of subchapter; in public safety,
 5      prohibiting certain animal experimentation, sale and testing
 6      and providing for whistleblower protection; and imposing
 7      penalties.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.      Section 5561(b)(6) introductory paragraph of
11   Title 18 of the Pennsylvania Consolidated Statutes is amended to
12   read:
13   § 5561.    Nonapplicability of subchapter.
14      * * *
15      (b)    Exemptions.--The provisions of this subchapter shall not
16   apply to the following:
17             * * *
18             (6)   Conduct relating to animals actively involved in a
19      bona fide scientific or medical research that is lawful under
20      the laws of the United States or this Commonwealth relating
 1      to activities undertaken by a research facility that is one
 2      of the following:
 3                   * * *
 4      Section 2.      Title 35 is amended by adding a chapter to read:
 5                                     CHAPTER 58A
 6                            ANIMAL EXPERIMENTATION, SALE
 7                           AND CERTAIN TESTING PROHIBITED
 8   Subchapter
 9      A.    Experimentation
10      B.    Sale
11      C.    Certain Testing Prohibited
12                                     SUBCHAPTER A
13                                  EXPERIMENTATION
14   Sec.
15   58A01.   Definitions.
16   58A02.   Prohibiting Commonwealth funding for painful animal
17                   subject experimentation.
18   58A03.   Prohibiting Commonwealth funding for animal subject
19                   devocalization.
20   58A04.   Animal testing facilities and adoption of animal
21                   subjects.
22   58A05.   Disclosure requirements.
23   58A06.   Penalty.
24   58A07.   Annual report by State Treasurer.
25   58A08.   Annual report by recipients of Commonwealth funds.
26   § 58A01.   Definitions.
27      The following words and phrases when used in this subchapter
28   shall have the meanings given to them in this section unless the
29   context clearly indicates otherwise:
30      "Animal subject."        A dog or a cat.

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 1      "Animal testing facility."     A facility, including a private
 2   entity, State agency or institution of higher education, that
 3   confines and uses animal subjects for research, education,
 4   testing or other scientific or medical purposes.
 5      "Commonwealth funds."     Money of a fund or account in the
 6   State Treasury of the Commonwealth.
 7      "Devocalization."     The process of performing a surgical
 8   procedure to cut, notch, punch, abrade, laser, suture or
 9   otherwise physically alter the vocal apparatus of an animal
10   subject with the intent of altering, reducing or eliminating
11   vocal sounds produced by the animal subject.
12      "Devocalize."     The term includes debarking, devoicing,
13   silencing, ventriculocordectomy, vocal cordectomy, bark
14   reduction and bark softening.
15      "Medically unnecessary."     Not carried out solely for the
16   better health, welfare or safety of an animal subject.
17      "Recipient of Commonwealth funds."     A person, including a
18   public or private entity, to whom Commonwealth funds are paid.
19   § 58A02.    Prohibiting Commonwealth funding for painful animal
20                 subject experimentation.
21      (a)     Use of funds.--A recipient of Commonwealth funds is
22   prohibited from using the Commonwealth funds to directly support
23   medically unnecessary research on animal subjects that is
24   classified under pain and distress categories "D" or "E" by the
25   United States Department of Agriculture.
26      (b)     Applicability.--Subsection (a) does not apply to the
27   direct funding of research for the construction or maintenance
28   of facilities, the purchase or maintenance of general-use
29   equipment, overhead costs, capital improvements or faculty or
30   employee salaries.

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 1   § 58A03.    Prohibiting Commonwealth funding for animal subject
 2                  devocalization.
 3      A recipient of Commonwealth funds is prohibited from using
 4   Commonwealth funds to devocalize an animal subject, to procure
 5   for use an animal subject that has undergone devocalization or
 6   to conduct research on animal subjects that have undergone
 7   devocalization.
 8   § 58A04.    Animal testing facilities and adoption of animal
 9                  subjects.
10      (a)     Requirements.--An animal testing facility that receives
11   Commonwealth funds and no longer has need of an animal subject
12   in its possession shall, provided that doing so does not pose a
13   risk to the health or safety of the public or the welfare of the
14   animal subject:
15            (1)   offer the animal subject for release to a releasing
16      agency for eventual adoption or for adoption through a
17      private placement; or
18            (2)   if the testing facility is operated by an agency or
19      institution of higher education, develop its own adoption
20      program, provided that the program maintains records that
21      comply with 3 Pa.C.S. § 2349 (relating to records and
22      inspections).
23      (b)     Manner of release.--
24            (1)   The animal testing facility shall keep an offer for
25      release open for a reasonable length of time for a duration
26      of not less than 21 days, prior to euthanizing an animal
27      subject.
28            (2)   The animal testing facility may enter into an
29      agreement with a releasing agency for compliance with this
30      section.

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 1      (c)     Immunity.--An animal testing facility shall not be
 2   liable for harm caused by or a defect suffered by an animal
 3   subject placed, in good faith, for adoption in compliance with
 4   this section.
 5   § 58A05.    Disclosure requirements.
 6      (a)     Clear language.--A person that submits to a Commonwealth
 7   agency a proposal in response to a request for proposal or bid
 8   in response to an invitation for bids relating to a project or
 9   program that involves animal subjects and is to be financed by
10   Commonwealth funds, shall clearly state in the proposal or bid:
11            (1)   The percentage of the total costs of the program or
12      project to be financed with Commonwealth funds.
13            (2)   The dollar amount of Commonwealth funds for the
14      project or program.
15            (3)   The percentage and dollar amount of the total costs
16      of the project or program that will be financed by
17      nongovernmental sources.
18      (b)     Disclosure in other records.--The duty in subsection (a)
19   shall include a press release or other record of the person that
20   identifies the project or program.
21   § 58A06.    Penalty.
22      A person that has a duty under this subchapter and fails to
23   comply with the duty may not receive Commonwealth funds for a
24   period of one year from the date of the noncompliance.
25   § 58A07.    Annual report by State Treasurer.
26      (a)     Duty of State Treasurer.--Not later than 180 days after
27   the effective date of this section and each March 1 thereafter,
28   the State Treasurer shall submit a report to the President pro
29   tempore of the Senate and the Speaker of the House of
30   Representatives and shall post the report on the Treasury

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 1   Department's publicly accessible Internet website. The report
 2   shall cover the prior calendar year. The report shall include
 3   the following information:
 4            (1)   The total amount of Commonwealth funds expended to
 5      support animal research during the calendar year.
 6            (2)   A list of active animal research projects for which
 7      Commonwealth funds were expended, including project titles,
 8      animal species, number of animals, calendar year cost, the
 9      total cost to date and the start and end date of the
10      expenditure.
11            (3)   A list of the names and business addresses of the
12      recipients of Commonwealth funding for the animal research
13      projects.
14      (b)     Duty of Commonwealth agencies to cooperate.--The State
15   Treasurer may request that a Commonwealth agency provide
16   information deemed necessary by the State Treasurer to carry out
17   the duty under subsection (a), and the Commonwealth agency shall
18   cooperate with the State Treasurer by providing the information
19   requested.
20   § 58A08.    Annual report by recipients of Commonwealth funds.
21      An institution of higher education, whether public or
22   private, in this Commonwealth that is a recipient of
23   Commonwealth funds and uses animal subjects or other animals in
24   research shall post on its publicly accessible Internet website,
25   not later than April 1, 2026, a written report on animal
26   research conducted on the animal subjects and other animals
27   during the course of the prior calendar year. The report shall
28   be posted in a conspicuous and easily accessible manner so that
29   the public can access a copy of the report electronically. The
30   written report shall contain the following:

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 1        (1)    The total amount of money expended for animal
 2    research by the institution during the preceding calendar
 3    year, itemized by Federal, State, private and other revenue
 4    sources.
 5        (2)    A list of active animal research projects, including
 6    project titles, the department of the institution conducting
 7    the research, species of animals, number of animals, calendar
 8    year cost, total cost to date, funding source and the start
 9    and end date of the project.
10        (3)    A review of compliance with 7 U.S.C. Ch. 54
11    (relating to transportation, sale, and handling of certain
12    animals), the United States Public Health Policy on Humane
13    Care and Use of Laboratory Animals and other applicable
14    Federal, State and local law, regulations and policies
15    governing animal research. The review shall include an
16    explanation of any animal research noncompliance documented
17    during the preceding calendar year and corrective actions
18    taken in each case.
19        (4)    The number of animals by species adopted out from
20    research laboratories during the preceding calendar year to
21    animal shelters or to animal rescue organizations, and the
22    number of animals euthanized by the institution.
23        (5)    Current roster for any institutional animal care and
24    use committee within the institution.
25        (6)    A detailed explanation of specific efforts by the
26    institution to refine, reduce and replace the use of animals
27    in research during the preceding calendar year. The
28    explanation shall include the number of animals by species
29    used in research each year for the past three calendar years
30    and anticipated numbers in the next calendar year. The use of

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 1      animals in research shall include animals used in scientific
 2      research, in testing and for experimentation purposes.
 3                              SUBCHAPTER B
 4                                     SALE
 5   Sec.
 6   58A11.   Scope of subchapter.
 7   58A12.   Definitions.
 8   58A13.   Prohibition on sale of dogs and cats bred by certain
 9               persons.
10   58A14.   Duty of persons, kennels and animal testing facilities
11               to offer dogs and cats for adoption.
12   58A15.   General powers of secretary.
13   58A16.   Recordkeeping requirements for persons and kennels
14               engaged in the raising of dogs or cats for research
15               purposes.
16   58A17.   Whistleblower protection.
17   58A18.   Annual report.
18   58A19.   Penalties.
19   58A20.   Regulations.
20   § 58A11.   Scope of subchapter.
21      This subchapter relates to the protection of dogs and cats.
22   § 58A12.   Definitions.
23      The following words and phrases when used in this subchapter
24   shall have the meanings given to them in this section unless the
25   context clearly indicates otherwise:
26      "Animal testing facility."     A facility, including a private
27   entity, State agency or an institution of higher education, that
28   confines and uses dogs or cats for research, education, testing
29   or other scientific or medical purposes. The term shall include
30   any of the following:

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 1          (1)     A kennel or facility subject to the Public Health
 2      Service Policy on Humane Care and Use of Laboratory Animals
 3      provided for under 42 U.S.C. Ch. 6A (relating to public
 4      health service).
 5          (2)     A kennel or facility subject to the provisions of 21
 6      CFR Pt. 58 (relating to good laboratory practice for
 7      nonclinical laboratory studies), 21 U.S.C. Ch. 9 (relating to
 8      Federal Food, Drug, and Cosmetic Act) or 42 U.S.C. Ch. 6A.
 9          (3)     A research kennel licensed under the Dog law.
10      "Dealer."     A person who in the regular course of business for
11   compensation or profit buys, sells, transfers, exchanges or
12   barters dogs and cats. The term does not include any of the
13   following:
14          (1)     A person who transports companion animals in the
15      regular course of business as a common carrier.
16          (2)     A person whose primary purpose is to find permanent
17      adoptive homes for companion animals.
18      "Department."     The Department of Agriculture of the
19   Commonwealth.
20      "Dog Law."     The act of December 7, 1982 (P.L.784, No.225),
21   known as the Dog Law.
22      "Kennel."     As defined in section 102 of the Dog Law.
23      "Police officer."     As defined in section 102 of the Dog Law.
24      "Releasing agency."     As defined in section 901-A of the Dog
25   Law.
26      "Research."     As defined in section 102 of the Dog Law.
27      "Research kennel."     As defined in section 102 of the Dog Law.
28      "State dog warden."     As defined in section 102 of the Dog
29   Law.
30   § 58A13.     Prohibition on sale of dogs and cats bred by certain

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 1                  persons.
 2      Notwithstanding the provisions of section 908 of the Dog Law,
 3   a dealer or kennel may not sell or offer for sale, including a
 4   sale for research purposes, a dog or cat bred by a person who
 5   has received any of the following from the United States
 6   Department of Agriculture as authorized under 7 U.S.C. Ch. 54
 7   (relating to transportation, sale, and handling of certain
 8   animals) or relevant regulations:
 9            (1)   A citation for a direct or critical violation or
10      citations for three or more indirect or noncritical
11      violations during the two-year period before the procurement
12      of the dog or cat.
13            (2)   Two consecutive citations for no access to a housing
14      facility before the procurement of the dog or cat.
15   § 58A14.    Duty of persons, kennels and animal testing facilities
16                  to offer dogs and cats for adoption.
17      (a)     Duties.--
18            (1)   If any person, kennel or animal testing facility
19      specified under paragraph (2) does not have a need for a dog
20      or cat in its possession and the dog or cat does not pose a
21      health or safety risk to the public or the welfare of the dog
22      or cat, the person, kennel or animal testing facility shall
23      offer for release the dog or cat to a releasing agency for
24      eventual adoption or for adoption through a private
25      placement. In the case of an animal testing facility operated
26      by a State agency or an institution of higher education, the
27      animal testing facility may develop its own adoption program.
28            (2)   Paragraph (1) shall apply only to the following:
29                  (i)   A person who raises cats regulated under Federal
30            law as research animals or sells or transfers cats to an

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 1            animal testing facility.
 2                  (ii)    A kennel that breeds dogs regulated under
 3            Federal law as research animals.
 4                  (iii)    A kennel that sells or transfers dogs to an
 5            animal testing facility or a research kennel.
 6                  (iv)    An animal testing facility.
 7            (3)   Any person, kennel or animal testing facility
 8      subject to this subsection shall keep the offer for release
 9      under paragraph (1) available for a reasonable period of time
10      for a duration of no less than 21 days before euthanizing a
11      dog or cat specified under paragraph (1).
12      (b)     Implementation.--Any person, kennel or animal testing
13   facility under subsection (a) may enter into an agreement with a
14   releasing agency to implement the requirements under subsection
15   (a).
16      (c)     Liability.--Any person, kennel or animal testing
17   facility under subsection (a) shall not be liable for harm
18   caused by or a defect suffered by a dog or cat placed, in good
19   faith, for adoption in compliance with subsection (a).
20      (d)     Annual reports.--Any person, kennel or animal testing
21   facility under subsection (a) shall annually submit a report to
22   the department stating the number of dogs and cats that were
23   adopted under subsection (a) and the name of each releasing
24   agency utilized by the person, kennel or animal testing
25   facility.
26   § 58A15.    General powers of secretary.
27      In addition to the authority of the Secretary of Agriculture
28   under section 211 of the Dog Law, the secretary shall revoke a
29   kennel license, dealer license or out-of-State dealer license if
30   a licensee is convicted of a violation of 7 U.S.C. Ch. 54

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 1   (relating to transportation, sale, and handling of certain
 2   animals) or 18 U.S.C. § 48 (relating to animal crushing).
 3   § 58A16.    Recordkeeping requirements for persons and kennels
 4                  engaged in the raising of dogs or cats for research
 5                  purposes.
 6      (a)     Requirements.--
 7            (1)   A person or kennel specified under paragraph (2) and
 8      engaged in the raising of dogs or cats for research purposes
 9      shall keep accurate records of all of the following:
10                  (i)    A dog or cat purchased, acquired, owned, held or
11            otherwise in the possession or control of the person or
12            kennel.
13                  (ii)    A dog or cat transported, euthanized, sold or
14            otherwise disposed of during the two-year period from the
15            date of the purchase, acquisition, transfer or
16            disposition of the dog or cat.
17            (2)   Paragraph (1) shall apply only to the following:
18                  (i)    A person who raises cats regulated under Federal
19            law as research animals or sells or transfers cats to an
20            animal testing facility.
21                  (ii)    A kennel that breeds dogs regulated under
22            Federal law as research animals.
23                  (iii)    A kennel that sells or transfers dogs to an
24            animal testing facility or a research kennel.
25      (b)     Records.--The records under subsection (a) shall include
26   all of the following:
27            (1)   The name and address of the person from whom a dog
28      or cat was purchased or acquired and the person's license or
29      registration number if the person is licensed or registered
30      under 7 U.S.C. Ch. 54 (relating to transportation, sale, and

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 1    handling of certain animals).
 2           (2)    The date on which a dog or cat was purchased or
 3    acquired.
 4           (3)    The name and address of the person to whom a dog or
 5    cat was sold, given or transferred and the person's license
 6    or registration number if the person is licensed or
 7    registered under 7 U.S.C. Ch. 54.
 8           (4)    The official United States Department of
 9    Agriculture's tag number or tattoo assigned to a dog or cat
10    under 7 U.S.C. Ch. 54.
11           (5)    A description of a dog or cat, including all of the
12    following:
13                  (i)    The species and breed or type.
14                  (ii)    The sex.
15                  (iii)    The date of birth or approximate age.
16                  (iv)    The color and distinctive markings.
17           (6)    The date and number of offspring born of a dog or
18    cat while in the possession or under the control of the
19    person or kennel under subsection (a).
20           (7)    Medical care and vaccinations provided to a dog or
21    cat.
22           (8)    The date and method of disposition of a dog or cat,
23    including the sale, death and cause of death of the dog or
24    cat if the disposition is not euthanasia, adoption or
25    transfer.
26           (9)    The number of dogs or cats in the possession of the
27    person or kennel under subsection (a) that the person or
28    kennel does not need.
29           (10)    The number of dogs or cats described under
30    paragraph (9) that have been offered for transfer to a

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 1      releasing agency for eventual adoption or for adoption
 2      through private placement.
 3      (c)     Inspections.--A person or kennel under subsection (a)
 4   shall ensure that the records under subsection (a) are legible
 5   and the records shall be open to inspection and may be copied by
 6   an employee of the department, State dog warden or police
 7   officer.
 8      (d)     Submission.--A person or kennel under subsection (a)
 9   shall annually submit a summary of the records under subsection
10   (a) to the department in a form determined by the department.
11   § 58A17.    Whistleblower protection.
12      An employee of any person, dealer, kennel, animal testing
13   facility, private entity, State agency or institution of higher
14   education subject to this subchapter shall be deemed to be an
15   employee under the act of December 12, 1986 (P.L.1559, No.169),
16   known as the Whistleblower Law, with regard to a good faith
17   report of a potential violation of this subchapter, the Dog Law
18   or 7 U.S.C. Ch. 54 (relating to transportation, sale, and
19   handling of certain animals). Any dealer, kennel, animal testing
20   facility, private entity, State agency or institution of higher
21   education subject to this subchapter shall be deemed to be an
22   employer under the Whistleblower Law with regard to a good faith
23   report of a potential violation of this subchapter, the Dog Law
24   or 7 U.S.C. Ch. 54.
25   § 58A18.    Annual report.
26      No later than July 1, 2026, and each July 1 thereafter, the
27   department shall submit a report summarizing the information
28   collected under this subchapter and complaints, enforcement
29   activities and penalties authorized under this subchapter to the
30   following:

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 1            (1)   The chair and minority chair of the Agriculture and
 2      Rural Affairs Committee of the Senate.
 3            (2)   The chair and minority chair of the Agriculture and
 4      Rural Affairs Committee of the House of Representatives.
 5   § 58A19.   Penalties.
 6      A violation of this subchapter shall constitute a misdemeanor
 7   of the third degree.
 8   § 58A20.   Regulations.
 9      The department may promulgate regulations as necessary to
10   implement this subchapter.
11                                SUBCHAPTER C
12                         CERTAIN TESTING PROHIBITED
13   Sec.
14   58A31.   Definitions.
15   58A32.   Certain test methods prohibited.
16   58A33.   Report.
17   58A34.   Remedy.
18   § 58A31.   Definitions.
19      The following words and phrases when used in this subchapter
20   shall have the meanings given to them in this section unless the
21   context clearly indicates otherwise:
22      "Alternative test method or strategy."    A test method,
23   including a new or revised method, that:
24            (1)   does not use animals;
25            (2)   provides information of equivalent or better
26      scientific quality and relevance compared to traditional
27      animal test methods; and
28            (3)   includes, but is not limited to, computational
29      toxicology and bioinformatics, high-throughput screening
30      methods, testing of categories of chemical substances, tiered

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 1      testing methods, in vitro studies and microphysiological
 2      systems.
 3      "Animal."     Any live vertebrate other than humans.
 4      "Biomedical research."     The investigation of the biological
 5   processes and causes of disease or research conducted to
 6   increase fundamental scientific knowledge or to expand the
 7   understanding about how processes in living organisms develop
 8   and function. The term shall not include testing conducted to
 9   assess the safety or efficacy of chemicals, ingredients, drugs,
10   vaccines, product formulations or products.
11      "Department."     The Department of Agriculture of the
12   Commonwealth.
13      "Product testing facility."     Any entity, institution,
14   business, partnership, corporation, association or other legal
15   relationship that tests chemicals, ingredients, drugs, vaccines,
16   product formulations or products in this Commonwealth.
17      "Traditional animal test method."     A process, procedure or
18   experiment using animals to obtain information on the
19   characteristics of a chemical, ingredient, drug, vaccine,
20   product formulation or product and that generates information
21   regarding the ability of the chemical, ingredient, drug,
22   vaccine, product formulation or product to produce a specific
23   biological effect under specified conditions.
24   § 58A32.    Certain test methods prohibited.
25      (a)     Prohibition.--It is unlawful for a product testing
26   facility to use a traditional animal test method in the
27   Commonwealth if an agency responsible for regulating the
28   specific product or activity for which the test method is being
29   used has either:
30            (1)   approved an alternative test method or strategy; or

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 1            (2)   made available or granted a waiver from the use of a
 2      traditional animal test method.
 3      (b)     Alternative.--If no alternative test method or strategy
 4   and no waiver is available under subsection (a), a product
 5   testing facility shall use a traditional animal test method
 6   using the fewest number of animals possible and reduce the level
 7   of pain, suffering and stress of an animal used for testing.
 8      (c)     Application.--No provision of this section shall be
 9   construed to:
10            (1)   apply to any animal research conducted for the
11      purposes of biomedical research;
12            (2)   prohibit the use of any non-animal test method or
13      strategy for the testing of any chemical, ingredient, drug,
14      vaccine, product formulation or product that is not described
15      in the definition of "alternative test method or strategy";
16            (3)   prohibit the use of traditional animal test methods
17      to comply with requirements of Federal or State agencies; or
18            (4)   prohibit the use of traditional animal test methods
19      if needed to comply with a written request from a Federal or
20      State agency in circumstances where the agency has approved
21      an alternative test method or strategy but also expressly
22      concluded that a traditional animal test method is needed to
23      fully assess the impacts on the health or safety of
24      consumers.
25   § 58A33.    Report.
26      Each product testing facility in this Commonwealth shall
27   annually submit a report to the department by June 30, 2026, and
28   each June 30 thereafter, regarding any traditional animal test
29   method or alternative test method or strategy conducted in the
30   prior calendar year. The report under this section shall be

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 1   posted on each product testing facility's publicly accessible
 2   Internet website no later than 90 days following the submission
 3   of the report under this section to the department. The report
 4   shall include:
 5           (1)   The number and species of animals used.
 6           (2)   The type and number of alternative test methods or
 7      strategies used.
 8           (3)   The number of waivers used.
 9           (4)   The reason for using any traditional animal test
10      methods, alternative test methods or strategies or waivers,
11      including an explanation for why a traditional animal test
12      method was required.
13   § 58A34.   Remedy.
14      Upon a violation of this subchapter or any rules, regulations
15   or orders issued under this subchapter, the Attorney General may
16   institute a civil action in Commonwealth Court or in the court
17   of common pleas of the judicial district in which the violation
18   occurs for injunctive relief to restrain the violation and for
19   such other relief as the court shall deem proper. Neither the
20   institution of this action nor any of the proceedings therein
21   shall relieve any party to the proceedings from other fines or
22   penalties prescribed for the violation of this subchapter or any
23   rule.
24      Section 3.    This act shall take effect in 180 days.




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