Bill Text: NH SB97 | 2023 | Regular Session | Introduced

Bill Title: Relative to the use of animals in product testing.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2023-02-22 - Rereferred to Committee, Motion Adopted, Voice Vote; 02/22/2023; Senate Journal 8 [SB97 Detail]

Download: New_Hampshire-2023-SB97-Introduced.html










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








This bill prohibits the use of animals in certain product testing and enables the attorney general to bring a civil suit against persons using 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






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-T the following new chapter:



359-U: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 or 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-U: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 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 use of any alternative test method for the testing of any product, product formulation, chemical, drug, medical device, vaccine, or ingredient that is not defined in RSA 359-U: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-U:3  Record Keeping Requirements.  Every manufacturer or contract testing facility in the state shall report annually to the attorney general on any animal testing conducted under the provision of RSA 359-U: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.  The attorney general shall make the results of this data collection publicly available.

359-U:4  Exclusive Remedy for Enforcement.  Notwithstanding any other provision of law, or any rule or regulation adopted pursuant thereto, to the contrary, the exclusive remedy for enforcing this chapter shall be the attorney general bringing a civil action in a court of competent jurisdiction to restrain the violation and for other further relief as the court shall determine is proper.

2  Effective Date.  This act shall take effect January 1, 2024.









AN ACT relative to the use of animals in product testing.



Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time.  When completed, the fiscal note will be forwarded to the Senate Clerk's Office.



Department of Justice