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FL - Education - 1003.47. Biological experiments on living subjects |
This Florida law provides guidelines for use of animals in K-12 instruction. It prohibits surgery or dissection on any living mammalian vertebrate or bird (vivisection). While dissection may be performed on nonliving subjects, students may be excused from this upon written request from a parent. In addition, any live animals on the premises of public and private elementary, middle, and high schools shall be housed and cared for in a humane and safe manner. If any instructional employee of a public high school or career center knowingly or intentionally fails or refuses to comply with any of the provisions of this section, the district school board may suspend, dismiss, return to annual contract, or otherwise discipline such employee as provided in the law. |
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Harvard College v. Canada (Commissioner of Patents) |
The respondent applied for a patent on an invention entitled “transgenic animals”. In its patent application, the respondent seeks to protect both the process by which the "oncomice" are produced and the end product of the process, i.e. the founder mice and the offspring whose cells contain the oncogene. The process and product claims extend to all non‑human mammals. The process claims were allowed by the Patent Examiner, while the product claims were rejected. The appellant Commissioner confirmed the refusal of the product claims. The Federal Court, Trial Division, dismissed the respondent’s appeal from the appellant’s decision. At the Supreme Court of Canada, the Court held the
appeal should be allowed. A higher life form is not patentable because it is not a “manufacture” or “composition of matter” within the meaning of “invention” in s. 2 of the
Patent Act
.
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HI - Research - [§ 321-30.4]. Cosmetics; animal testing; prohibition |
This Hawaii law from 2021 makes it unlawful for a manufacturer to import for profit, sell, or offer for sale in the State any cosmetic for which the manufacturer knew or reasonably should have known that an animal test was conducted or contracted, by or on behalf of the manufacturer or any supplier of the manufacturer, on or after January 1, 2022, in a cruel manner, as identified in section 711-1108.5(1)(a). A violation of this section shall be punishable by a fine of $5,000 and an additional $1,000 for each day the violation continues. Certain exceptions to the testing ban exist under this act. |
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Humane Education, Dissection, And The Law |
Students regularly encounter animal dissection in education, yet humane education receives little attention in animal law. This article analyzes the status of humane education laws in the United States. It discusses the range of statutory protections, from student choice laws to bans on vivisection. The article then analyzes the litigation options for students who do not wish to dissect, including constitutional claims and claims arising under student choice laws. The article concludes by calling for additional legislation to protect students who have ethical objections to dissection.
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Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty |
Animal rights protestors appealed the decision of the Supreme Court, Westchester County that permanently enjoined the protestors from engaging in protest activity that constituted a private nuisance (to wit, participating in targeted protest at the home of the plaintiff Mark L. Bibi). This court found that the protestors failed to refute the evidence from the lower court that showed the plaintiffs were entitled to a permanent injunction as a matter of law (including evidence of the appellant's federal conviction conspiracy to violate the Animal Enterprise Protection Act of 1992). While the court did find that the appellant-protestor's incarceration did not render the appeal academic, imposition of the injunction was a reasonable and constitutional restriction on protest activity.
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IA - Pet Shop - Chapter 162. Care of Animals in Commercial Establishments. |
The purpose of this chapter is to insure that all dogs and cats handled by boarding kennels, commercial kennels, commercial breeders, dealers, and public auctions are provided with humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling, and treatment of such animals. |
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IF ANIMAL RIGHTS ACTIVISTS COULD WRITE FEDERAL RESEARCH POLICY |
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IL - Education - Act 112. Dissection Alternatives Act |
This comprises Illinois' Dissection Alternatives Act. The act requires the State Board of Education to make guidelines that give notice to parents and students on which courses ordinarily involve dissection of animals and whether or not alternative projects for learning are available. A school may excuse a student enrolled in a course in which students are ordinarily expected to perform, participate in, or observe dissection who objects for any reason to performing, participating in, or observing that dissection and instead allow the student to complete an alternative project. The act defines "student" as those pupils at a public or private elementary or secondary school in Illinois. No student is to be penalized or discriminated against for refusing to perform, participate in, or observe dissection. |
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IL - Research - Act 87. Protection of Dogs and Cats from Unnecessary Testing Act |
This Illinois chapter enacted in 2023 is known as the Protection of Dogs and Cats from Unnecessary Testing Act. Under the act, a testing facility shall not conduct a canine or feline toxicological experiment in this State unless the experiment is conducted for any of the following purposes: medical research, to comply with approval of a medical device, or to approve a drug or biologic under certain listed federal laws. The Attorney General or a State's Attorney in the county in which a violation of this Act occurred may bring an action in the name of the People of the State to enforce the provisions of this Act. |
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IL - Research - Act 93. Research Dogs and Cats Adoption Act |
This act, effective January 1, 2018, is entitled the Research Dogs and Cats Adoption Act. Under the act, a research facility shall assess the health of a dog or cat used in research and then make reasonable efforts to offer for adoption a dog or cat determined to be suitable for adoption, either through private placement or through an animal adoption organization. The research facility must have a facility adoption policy that is made available on its website. |
