SB 97-FN - AS AMENDED BY THE SENATE
01/03/2024 0010s
01/03/2024 0033s
02/08/2024 0371s
2023 SESSION
23-0769
08/05
SENATE BILL 97-FN
AN ACT relative to the use of animals in product testing.
SPONSORS: Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Sen. Bradley, Dist 3; Sen. Altschiller, Dist 24; Sen. Chandley, Dist 11; Rep. Beaulieu, Hills. 19; Rep. Burroughs, Carr. 2; Rep. Read, Rock. 10
COMMITTEE: Commerce
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AMENDED ANALYSIS
This bill prohibits the use of animals in certain product testing.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/03/2024 0010s
01/03/2024 0033s
02/08/2024 0371s 23-0769
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the use of animals in product testing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Use of Animals in Product Testing. Amend RSA by inserting after chapter 359-U the following new chapter:
CHAPTER 359-V
USE OF ANIMALS IN PRODUCT TESTING
359-V:1 Definitions. In this chapter:
I. "Alternative test method" means a test method that provides information of equivalent or better scientific quality and relevance than animal test methods, has been identified by a validation body such as the Interagency Coordinating Committee on the Validation of Alternative Methods or the Organization for Economic Co-operation and Development and adopted by the relevant federal agency or program within an agency responsible for regulating the specific product or activity for which the test is being conducted, and does not use animals, or, when there is no test method available that does not use animals, uses the fewest animals possible and reduces the level of suffering or stress, to the greatest extent possible, of an animal used for testing. "Alternative test method" 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, systems biology and new or revised methods.
II. "Animal" means any vertebrate other than humans.
III. “Biomedical research” means the investigation of the biological processes and causes of disease or research conducted to increase fundamental scientific knowledge, and to expand the understanding about how processes in living organisms develop and function.
IV. "Contract testing facility" means any partnership, corporation, association, or other legal relationship that tests chemicals, ingredients, drugs, medical devices, vaccines, product formulations, or products in the state.
V. "Manufacturer" means any partnership, corporation, association, or other legal relationship that produces products, product formulations, chemicals, drugs, medical devices, vaccines, or ingredients in the state.
VI. "Traditional animal test method" means a process or procedure using animals to obtain information on the characteristics of a chemical or agent and that generates information regarding the ability of a chemical or agent to produce a specific biological effect under specified conditions.
359-V:2 Animal Testing Prohibited Under Certain Circumstances.
I. When conducting any ingredient or product testing in the state, no manufacturer or contract testing facility shall use a traditional animal test method for which an appropriate alternative test method or strategy exists or for which a waiver has not been granted by the regulating agency. No provision of this paragraph shall be construed to apply to any animal research conducted for the purposes of biomedical research.
II. No provision of this section shall prohibit the testing of any product, product formulation, chemical, drug, vaccine, or ingredient with an alternative test method that does not meet the definition in RSA 359-V:1.
III. No provision of this section shall prohibit the use of animal tests to comply with the requirements of state or federal agencies when the federal agency has approved an alternative test method or strategy pursuant to paragraph I and the federal agency concludes that the alternative test method or strategy does not assure human or environmental health or safety.
359-V:3 Record Keeping Requirements. Beginning on January 20, 2026, every manufacturer or contract testing facility in the state shall make a report annually available electronically on the manufacturer's website, or on a website affiliated with the manufacturer, on any animal testing conducted for purposes other than biomedical research under the provision of RSA 359-V:2, including the number and species of animal used, the type and number of alternative test methods used, the number of waivers used, and the purpose of the testing for all methods.
2 Effective Date. This act shall take effect January 1, 2025.
23-0769
Amended 1/12/24
SB 97-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENTS #2024-0010s and #2024-0033s)
AN ACT relative to the use of animals in product testing.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as amended, has a total fiscal impact of less than $10,000 in each of the fiscal years 2024 through 2027.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification