1.1 A bill for an act
1.2 relating to animals;
prohibiting animal testing under certain circumstances;
1.3 providing for civil
penalties;proposing coding for new law in Minnesota Statutes,
1.4 chapter 343.
1.5 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [343.41]
PROHIBITION ON COLUMN E-REPORTABLE ANIMAL
1.7 RESEARCH
PROCEDURES.
1.8 Subdivision
1.Animals in research prohibited. A research facility as defined
in United
1.9 States Code, title 7,
section 2132, in Minnesota must not conduct any research, teaching,
1.10 surgery, experiment,
study, or test if the activity is or would be reportable to the United
1.11 States Department of
Agriculture on APHIS Form 7023, Column E, or APHIS Form 7023B
1.12 (Column E Explanation),
pursuant to United States Code, title 7, section 2143, and Code
1.13 of Federal Regulations,
title 9, section 236.
1.14 Subd. 2.Application
to certain activities. This section does not apply to an activity
1.15 required by federal law
or regulation, including but not limited to Code of Federal
1.16 Regulations, title 9,
section 113.
1.17 Subd. 3.Application
to federal facilities. This section does not apply to a federal
1.18 research facility, as
defined in United States Code, title 7, section 2132.
1.19 Sec. 2. [343.42]
PENALTIES.
1.20 Subdivision
1.Animals in research prohibited; penalties. A testing facility
or research
1.21 facility that conducts
any research, teaching, surgery, experiment, study, or test in violation
2.1 of section 343.41,
subdivision 1, must pay an administrative penalty of $10,000 for each
2.2 animal subjected to
the violation.
2.3 Subd.
2.Civil action; remedies. In any judicial action for a violation
according to this
2.4 section in which the
state has proven that the defendant's violation was willful, a court may
2.5 order the defendant to
reimburse the state an amount that the court determines is the
2.6 reasonable value of
litigation expenses incurred by the state. When determining the amount
2.7 of litigation expenses
to be reimbursed, the court must consider the economic circumstances
2.8 of the defendant.