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Oklahoma

Oklahoma Statutes Annotated. Title 4. Animals. Chapter 13. Use of Unclaimed Animals for Scientific Investigation and Education.

Statute Details
Printable Version
Citation: 4 Okl. St. Ann. 391 - 402

Citation: OK ST T. 4 391 - 402


Last Checked by Web Center Staff: 01/2014

Summary:  

These Oklahoma statutes provide the rules for scientific or medical research facilities that use animals obtained from animal shelters or dog pounds.  Among the provisions are licensing procedures, inspection requirements, municipal ordinance requirements relating to duration that animals must first be impounded, and a provision specifying that anyone who fails to undertake the duties required by the act is subject to a misdemeanor.  Notably, a municipality must provide that an owner of an animal who voluntarily delivers it to a public pound has the right to specify that it not be used for scientific research; it shall be the duty of the pound superintendent to tag such animal properly and to make certain that such animal is not delivered to an institution for scientific purposes.  However, institution is immune from liability resulting from an improper delivery to such an institution.



Statute in Full:

§ 391. Definitions

§ 392. Application and issuance of license

§ 393. Expiration and renewal of licenses

§ 394. Delivery of animals on demand--Municipal ordinances relating to impoundment and scientific research

§ 395. Transportation of dogs--Purposes for which used

§ 396. Return of dogs subsequently claimed--Immunity from liability

§ 397. Revocation of licenses

§ 398. Obtaining dogs from other sources

§ 399. Rules and regulations--Inspections and investigations

§ 400. Interpretation and construction of law

§ 401. Misdemeanors

§ 402. Partial invalidity

 

 § 391. Definitions

As used in this act, [FN1] (a) “Institution” means any school or college of medicine, dentistry, pharmacy, veterinary medicine or agriculture, medical diagnostic laboratory, hospital, or other educational or scientific establishment having to do with the investigation of or instruction concerning the structure or functions of living organisms, the causes, prevention, control or cure of diseases or abnormal conditions of human beings or animals provided that high schools and elementary schools shall not be classed as institutions for the purposes of this act. (b) “Public pound” means any place used by a city or the state for the detention or keeping of unclaimed or stray animals.

CREDIT(S)

Laws 1951, p. 9, § 1.

[FN1] Title 4, § 391 et seq.

 

§ 392. Application and issuance of license

An institution requiring for the effective carrying on of its scientific or educational activities the use of live dogs and cats may apply to the Oklahoma Department of Agriculture, Food, and Forestry for a license to obtain animals from the establishment maintained and operated by public funds for the confinement, care and disposal of animals seized by public authority, commonly called the “dog pound”. If the Oklahoma Department of Agriculture, Food, and Forestry finds that the institution, by reason of its ethical standards, its personnel, its facilities and the uses it proposes to make of animals is a fit and proper agency to receive a license, and that the public interest would be served by the issuance of a license to the institution, it shall issue a license to the institution, subject to the restrictions and limitations hereinafter provided.

CREDIT(S)

Laws 1951, p. 9, § 2; Laws 2012, c. 108, § 1, eff. Nov. 1, 2012.


 

 § 393. Expiration and renewal of licenses

A license shall expire annually on June 30, but may be renewed annually from year to year on application to the Oklahoma Department of Agriculture, Food, and Forestry, and on compliance with the conditions required with respect to the original issuance of the license.

CREDIT(S)

Laws 1951, p. 9, § 3; Laws 2012, c. 108, § 2, eff. Nov. 1, 2012.


 

§ 394. Delivery of animals on demand--Municipal ordinances relating to impoundment and scientific research

A. Except as otherwise provided by municipal ordinance, it shall be the duty of the pound supervisor to deliver from among the available impounded animals on the demand of an institution possessing a license, such number of animals as the institution may demand and be reasonably required effectively to carry on its activities, subject to the following conditions:

1. Such animals shall have been impounded at least fifteen (15) days for dogs without a license, and at least thirty (30) days for dogs with license and remained unclaimed and unredeemed by their owners or by any other person desiring the animal as a pet and willing to pay applicable license fees and the reasonable expenses incurred in the dog's detention; and

2. Any owner of an animal who voluntarily delivers the possession of it to a public pound shall have a right to specify that it shall not be used for scientific research, and if an owner so specifies, it shall be the duty of the pound superintendent to tag such animal properly and to make certain that such animal is not delivered to an institution for scientific purposes; and

3. If a demand is made on a pound supervisor for a greater number of dogs than he has available for release to the institution, the supervisor shall withhold thereafter from execution all unclaimed and unredeemed dogs until the demand has been met; and

4. Any animal in the pound to which an identification tag is attached may not be disposed of until the owner has been notified.

B. Any city may adopt an ordinance setting the number of days an animal must be impounded and setting restrictions or prohibitions on the delivery of animals for scientific research.

CREDIT(S)

Laws 1951, p. 9, § 4; Laws 1997, c. 210, § 2, eff. Nov. 1, 1997.


 

 § 395. Transportation of dogs--Purposes for which used

The licensed institution shall provide for the transportation of dogs from the pound, and may use them only in the conduct of their scientific or educational activities.

CREDIT(S)

Laws 1951, p. 10, § 5.


 

 § 396. Return of dogs subsequently claimed--Immunity from liability

An institution shall at its own expense return to appropriate dog pound any dog delivered to it which subsequently is identified and claimed by its owner; provided, however, that no institution shall be liable to the owner for any injury or illness or subsequent death of any such animal, resulting from the transportation, detention, or proper use of the dog in its scientific and educational activities.

CREDIT(S)

Laws 1951, p. 10, § 6.


 

§ 397. Revocation of licenses

The Oklahoma Department of Agriculture, Food, and Forestry, after notice and a reasonable opportunity to defend, may revoke the license granted an institution (1) if the institution has violated any provision of this act [FN1] or any rule or regulation promulgated by the Oklahoma Department of Agriculture, Food, and Forestry pursuant hereto; (2) if the standards, personnel, facilities, practices or activities of an institution are such that the continued exercise of the rights conferred by the license issued to the institution is not in the public interest.

CREDIT(S)

Laws 1951, p. 10, § 7; Laws 2012, c. 108, § 3, eff. Nov. 1, 2012.


 

 § 398. Obtaining dogs from other sources

Nothing in this act [FN1] shall be construed to affect the right of an institution to obtain dogs from sources other than dog pounds.

[FN1] Title 4, § 391 et seq.

CREDIT(S)

Laws 1951, p. 10, § 8.


 

 § 399. Rules and regulations--Inspections and investigations

A. The Oklahoma Department of Agriculture, Food, and Forestry shall have the power to adopt such rules and regulations, not inconsistent with the laws of Oklahoma, as it may deem necessary to carry into effect the provisions of this act. [FN1] The Secretary of Agriculture shall have the right whenever it deems advisable to inspect or investigate any institution to which it has granted a license or which has applied for a license.

B. Effective November 1, 2012, all records maintained by the State Board of Health for the purposes of licensing institutions pursuant to Sections 391 through 402 of this title shall be transferred to the Oklahoma Department of Agriculture, Food, and Forestry.

CREDIT(S)

Laws 1951, p. 10, § 9; Laws 2012, c. 108, § 4, eff. Nov. 1, 2012.

[FN1] Title 4, § 391 et seq.


 

 § 400. Interpretation and construction of law

This act [FN1] shall be so interpreted and construed as to effect its general purpose to make available to qualified institutions for the purpose of scientific investigation, experiment or instruction unclaimed and unredeemed animals impounded in dog pounds.

[FN1] Title 4, § 391 et seq.

CREDIT(S)

Laws 1951, p. 10, § 10.


 

 § 401. Misdemeanors

It shall be a misdemeanor for:

(a) Any person or institution to violate any of the provisions of this act [FN1] or any rules and regulations promulgated thereunder, or (b) Any person to fail willfully to execute any duty imposed on him by this act.

[FN1] Title 4, § 391 et seq.

CREDIT(S)

Laws 1951, p. 10, § 11.


 

 § 402. Partial invalidity

If any provision of this act [FN1] or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

[FN1] Title 4, § 391 et seq.

CREDIT(S)

Laws 1951, p. 10, § 12.

 



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