2023-24 LEGISLATIVE LINE-UP

SD238 An Act Further Protecting Research Animals

Sponsor:  Bruce Tarr, filed 1.12.23

This bill amends S613/H901 An Act Protecting Research Animals, otherwise known as “The Massachusetts Beagle Bill”, passed in summer 2022, in two critical ways.

First, it expands the definition of “research institution” to include “any facility employing dogs or cats in scientific investigation, experiment or instruction or for the testing of drugs or medicines licensed by the commissioner of public health under section 174D”. This is especially important as the new definition will include pharmaceutical companies and contract research organizations (CROs) working directly with pharma to test and develop drugs—both previously exempt from the prior legislation. The drug approval process in the US requires preclinical testing on two non-human species — typically rats and dogs. In Massachusetts, Charles River Laboratories houses the largest number of dogs (over 9000 dogs in any given year, and mostly purpose-bred beagles) than any other R&D facility in the country. CRL and other private CRO facilities in Massachusetts were previously exempt from the original ‘beagle bill’ legislation (S613/H901) passed last August, which only included in its definition of a research facility “a higher education facility that utilizes dogs or cats for educational, medical or scientific research that receives public funds or a facility that provides such research through a contractual agreement with a higher education facility”. What this means, plainly, is that the majority of dogs in laboratories in Massachusettsdo not benefit from the requirement in last year’s beagle bill, that an effort be made to adopt out any dogs or cats healthy enough following studies done on them. The current bill extends that requirement to all facilities using dogs for research and testing, including drug development.

Second, SB238 also includes a requirement omitted in the earlier bill that all such research institutions and product testing facilities “annually report to the department of agricultural resources data on the use and disposition of dogs and cats after the completion of any testing or research including, but not limited to, the number of dogs and the number of cats who were (i) euthanized upon the termination of the study, as defined and approved by the research or testing protocol; (ii) determined to be suitable and unsuitable for adoption and, if determined to be unsuitable for adoption, the reason why and their disposition; offered for adoption through a collaborative agreement with an animal rescue organization offered for adoption directly, without entering into a collaborative agreement with an animal rescue organization. The department shall, annually, make such data publicly available, in an electronic format”.

Currently such facilities are only required to annually report the number of animals under their care to the United States Department of Agriculture, and not their fate following the studies or procedures done on them. This new bill would require them to report on the fate of these animals when they are no longer used in research and testing—how many were adopted, euthanized, retained for further research, and that data be made publicly available through the Massachusetts Department of Agriculture.

Public transparency in taxpayer-funded research and drug development is an integral component of our democracy, and a critical aspect of accessing policy efficacy.

The Aisling Center fully supports SD238 as a commitment to public transparency on behalf of the dogs and cats that are subjected to biomedical research, drug development and toxicity testing at ALL facilities in the Commonwealth of Massachusetts.  We hope all stakeholders will agree and provide full support for this legislation as we work with industry to accelerate the development and adoption of New Approach Methods (NAMs) to reduce and eventually replace dogs and other animals in research.

***

SD2181/HD2216 An Act Concerning Humane Cosmetics and Household Products by Limiting the Use of Animal Testing

Sponsors:  Senator Mark Montigny and Representative Jack Patrick Lewis, filed 1.20.23

These bills require the use of non-animal test methods when available, and alternatives provide information of equivalent or superior quality and relevance to humans in comparison to animal tests. This bill applies to products such as cosmetics, household cleaners, and industrial chemicals, like those in paint; it does not apply to testing done for medical research, including testing of drugs or medical devices.  The Aisling Center supports this legislation and aims to expand its scope to include medical research, drug and medical device testing and development, in keeping with the recent passage of the federal FDA Modernization Act 2.0. Massachusetts uses over 9,000 dogs per year in biomedical research, drug development, and chemical product testing—more than any other state in the US. We call upon our legislators and the public to support these bills, and encourage the Commonwealth to play the leadership role in transitioning these industries to non-animal testing methods, which are more humane, human-relevant, predicable, and cost effective. It is a win-win for animals, people, industry and the planet.