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California

West's Annotated California Codes. Health and Safety Code. Division 2. Licensing Provisions. Chapter 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research.

Statute Details
Printable Version
Citation: CA HLTH & S 1650 - 1677

Citation: West's Ann. Cal. Health & Safety Code 1650 - 1677


Last Checked by Web Center Staff: 11/2012

Summary:   This section regulates the use of animals in medical research. The California Department of Health Services is directed to make rules and regulations providing for satisfactory shelter, food, sanitation, record keeping, and for the humane treatment of animals by persons authorized by the board to raise, keep or to use animals used for the diagnosis and treatment of human and animal diseases, for research in the advancement of veterinary, dental, medical and biologic sciences, for research in animal and human nutrition, and for the testing and diagnosis, improvement and standardization of laboratory specimens, biologic products, pharmaceuticals and drugs. Such rules and regulations must include requirements. The department is also authorized to inspect any premises where animals used for the purposes of this section are kept. Violations constitute a misdemeanor.


Statute in Full:

Article 1. GENERAL PROVISIONS

 1650. Legislative findings

§ 1651. Administering agency; liberal construction; definitions

Article 2. ADMINISTRATION AND REGULATION

§ 1660. Rules and Regulations

§ 1661. Application of administrative procedure act

§ 1662. Power to inspect; authorized persons

Article 3. APPLICATION OF THE CHAPTER

§ 1666. Approval for use of animals

§ 1667. Regulations for granting approval; application; form of application and approval; display of approval certificate; duration; refusal; statement of reasons; notice to applicant

§ 1668. Investigation; suspension or revocation of approval certificate; grounds; rules and regulations for verified complaints; procedure; application of administrative procedure act

§ 1669. Exemptions

§ 1670. Local ordinances and regulations

Article 4. OFFENSES AGAINST THE CHAPTER

§ 1672. Use of Animals without Approval

§ 1673. Violation; misdemeanor

Article 5. REVENUE

§ 1676. Annual approval fee

§ 1677. Time for payment; deposit

 

 § 1650. Legislative findings

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.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4168, § 1.)

 

§ 1651. Administering agency; liberal construction; definitions

The State Department of Health Services shall administer the provisions of this chapter. Every provision of this chapter shall be liberally construed to protect the interests of all persons and animals affected. As used in this chapter, "person" includes: laboratory, firm, association, corporation, copartnership, and educational institution. As used in this chapter, "board" or "department" means the State Department of Health Services.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4168, § 1. Amended by Stats.1971, c. 1593, p. 3272, § 163, operative July 1, 1973; Stats.1977, c. 1252, § 259, operative July 1, 1978.)

 

§ 1660. Rules and Regulations

The department shall make and promulgate, and may thereafter modify, amend or rescind, reasonable rules and regulations to carry out the purposes of this chapter, including the control of the humane use of animals for the diagnosis and treatment of human and animal diseases, for research in the advancement of veterinary, dental, medical and biologic sciences, for research in animal and human nutrition, and for the testing and diagnosis, improvement and standardization of laboratory specimens, biologic products, pharmaceuticals and drugs. Such rules and regulations shall include requirements for satisfactory shelter, food, sanitation, record keeping, and for the humane treatment of animals by persons authorized by the board to raise, keep or to use animals under the provision of this chapter. The department shall not make or promulgate any rule compelling the delivery of animals for the purpose of research, demonstration, diagnosis, or experimentation.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4168, § 1.)

 

§ 1661. Application of administrative procedure act

The provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, shall be applicable to all the rules and regulations promulgated by the department under this chapter.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4168, § 1. Amended by Stats.1969, c. 39, p. 146, § 2; Stats.1983, c. 101, § 105.)

 

§ 1662. Power to inspect; authorized persons

The department is hereby authorized to inspect any premises or property on or in which animals are kept for experimental or diagnostic purposes, for the purpose of investigation of compliance with the rules and regulations adopted hereunder. Such inspection or other method of control shall be enforced only by employees of the department and such power and authority may not be delegated to any other persons or agency.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4168, § 1.)

 

§ 1666. Approval for use of animals

 No person shall keep or use animals for diagnostic purposes, education or research unless approved by the board.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4169, § 1.)

 

§ 1667. Regulations for granting approval; application; form of application and approval; display of approval certificate; duration; refusal; statement of reasons; notice to applicant

The board shall prescribe the rules under which approval shall be granted including the standards regarding the care and treatment of such animals employed. Any person desiring approval to use animals for the purposes covered by this chapter shall make application to the department for such approval on forms provided by the department. The board shall grant approval on forms provided by the department to any person who has made application in accordance with the provisions of this article and who is found to be in compliance with the provisions of this chapter and the rules and regulations of the board. Any person keeping or using animals under the provisions of this chapter shall display in a prominent place the certificate of approval granted for such purpose. Such approval shall remain in effect for one fiscal year if not revoked by the board. If the board does not within ninety (90) days after the filing of this application grant approval it shall state the grounds and reasons for its refusal in writing, serving a copy upon the applicant, the notice may be served by registered mail addressed to the applicant at his last known address.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4169, § 1.)

 

§ 1668. Investigation; suspension or revocation of approval certificate; grounds; rules and regulations for verified complaints; procedure; application of administrative procedure act

The board may, upon its own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any person keeping or using animals for research or diagnostic purposes within this State, and it may temporarily suspend or permanently revoke a certificate of approval at any time where the holder of such a certificate, within the immediately preceding three years, while a holder of a certificate of approval, in performing or attempting to perform any of the acts within the scope of this chapter, has been guilty of the breach of any of the provisions of this chapter or of any reasonable rule or regulation adopted by the board for the purpose of carrying out the provisions of this chapter. The board may promulgate and adopt reasonable rules and regulations concerning the procedure for the drafting, filing and disposition of verified complaints of individuals. Procedure for revocation or suspension of approval shall be in accordance with the provision of the Administrative Procedure Act Government Code, Title 2, Division 3, Part 1, Chapter 5, and the department shall have all the powers granted therein.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4169, § 1.)

 

§ 1669. Exemptions

This chapter does not apply to any veterinary licensed to practice veterinary medicine in this State or to any 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.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4169, § 1.)

 

§ 1670. Local ordinances and regulations

Nothing contained in this chapter shall be construed to limit or restrict the right of counties, cities, cities and counties, towns or townships, to adopt or enforce ordinances or other regulations regulating the use or procurement of animals for diagnostic procedures or medical research, and any such ordinances or regulations now in effect are not affected by this chapter. It is the intent of this chapter to provide state regulation of the use of animals in diagnostic procedures and medical research concurrently with and supplementary to local regulations, but not to preclude the exercise by counties, cities, cities and counties, towns or townships, of such regulatory power as they may possess in this field under the Constitution and statutes of this State.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4170, § 1.)

 

§ 1672. Use of Animals without Approval

It is unlawful for any person to use animals for the purposes provided for in this chapter without the approval of the board.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4170, § 1.)

 

§ 1673. Violation; misdemeanor

Any person who violates this chapter is guilty of a misdemeanor.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4170, § 1.)

 

§ 1676. Annual approval fee

An annual fee, to be employed for the enforcement of this act, shall accompany each application for approval. The fee shall be determined by the director by regulations based on the number of animals used for the purposes of this chapter and in an amount sufficient to cover the cost of administering this chapter.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4170, § 1. Amended by Stats.1953, c. 724, p. 1989, § 1; Stats.1972, c. 1148, p. 2240, § 7, operative July 1, 1973.)

 

§ 1677. Time for payment; deposit

Annual fees payable under this chapter shall become due and payable by each person approved by the board 12 months from the date of its issuance. Such fees shall be paid by the department into the General Fund in the State Treasury. It is the intention of the Legislature that the cost of administering this act shall be substantially covered by the revenues collected hereunder.

CREDIT(S)
(Added by Stats.1951, c. 1750, p. 4169, § 1. Amended by Stats.1972, c. 1148, p. 2240, § 8, operative July 1, 1973.)

 



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