N.Y. Agriculture & Markets Law Section 378
Unlawful tampering with animal research


1.

Definitions. For the purposes of this section, the following terms shall have the following meanings:

(a)

“Infectious agents” shall be limited to those organisms that cause serious physical injury or death to humans.

(b)

“Animal” means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, however, shall not include any animal held primarily as a pet.

(c)

“Facility” means any building, structure, laboratory, vehicle, pasture, paddock, pond, impoundment or premises where any scientific research, test, experiment, production, education, or investigation involving the use of any animal is carried out, conducted or attempted or where records or documents relating to an animal or animal research, tests, experiments, production, education or investigation are maintained.

(d)

“Release” means to intentionally set free from any facility any animal without any right, title, or claim thereto.

(e)

“Abandonment” means the intentional relinquishment or forsaking of possession or control of any animal released from a facility.

(f)

“Person” means any individual, firm, organization, partnership, association or corporation.

(g)

“Secret scientific material” means a sample, culture, micro-organism, specimen, record, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evidences, reflects, or records a scientific or technical process, invention or formula or any part or phase thereof which is stored, tested, studied or examined in any facility, and which is not, and not intended to be, available to anyone other than the person or persons rightfully in possession thereof or selected persons having access thereto with his or their consent, and when it accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof.

(h)

“Notice” means to provide information in such detail to make a reasonable person aware of the presence in a facility of infectious agents or secret scientific material.

2.

Notice. Any person who, after notice has been given by:

(a)

actual notice in writing or orally to the person; or

(b)

prominently posting written notice upon or immediately adjacent to the facility; or

(c)

notice that is announced upon entry to the facility by any person:

(i)

knowingly or intentionally releases an animal from a facility or causes the abandonment of an animal knowing that such animal was exposed to infectious agents prior to such release or abandonment and was capable of transmitting such infectious agents to humans; or

(ii)

with intent to do so, causes loss or damage to secret scientific material, and having no right to do so nor any reasonable ground to believe that he has such right, causes loss of or damage to any secret scientific material in an amount in excess of two hundred fifty dollars at a facility, shall be guilty of unlawful tampering with animal research. Unlawful tampering with animal research is a class E felony punishable in accordance with the penal law.

3.

Private right of action. Any person who violates any provision of this section shall be liable in any court of competent jurisdiction, including small claims court, in an amount equal to:

(a)

Damages sustained as a result of such violation or fifty dollars, whichever is greater, for each violation;

(b)

Such additional punitive damages as the court may allow;

(c)

Attorney’s fees and costs; and

(d)

Cost of duplicating any experiment which was damaged by the unlawful tampering with animal research, if applicable. In any action brought by any person to enforce this section, the court may, subject to its jurisdiction, issue an injunction to restrain or prevent any violation of this section or any continuance of any such violation.

Source: Section 378 — Unlawful tampering with animal research, https://www.­nysenate.­gov/legislation/laws/AGM/378 (updated Sep. 22, 2014; accessed Jun. 8, 2024).

350
Definitions
351
Prohibition of animal fighting
353
Overdriving, torturing and injuring animals
353‑A
Aggravated cruelty to animals
353‑B
Appropriate shelter for dogs left outdoors
353‑C
Electrocution of fur-bearing animals prohibited
353‑D
Confinement of companion animals in vehicles: extreme temperatures
353‑E
Companion animal grooming facilities
353‑F
Companion animal piercing and tattooing prohibited
354
Sale of baby chicks and baby rabbits
355
Abandonment of animals
356
Failure to provide proper food and drink to impounded animal
357
Selling or offering to sell or exposing diseased animal
358
Selling disabled Equidae
358‑A
Live animals as prizes prohibited
359
Carrying animal in a cruel manner
359‑A
Transportation of horses
360
Poisoning or attempting to poison animals
361
Interference with or injury to certain domestic animals
362
Throwing substance injurious to animals in public place
363
Unauthorized possession of dogs presumptive evidence of larceny
364
Running horses on highway
365
Clipping or cutting the ears of dogs
366
Companion animal stealing
366‑A
Removing, seizing or transporting dogs for research purposes
367
Leaving state to avoid provisions of this article
368
Operating upon tails of horses unlawful
369
Interference with officers
370
Protection of the public from attack by wild animals and reptiles
371
Powers of peace officers
372
Issuance of warrants upon complaint
373
Seizure of animals lost, strayed, homeless, abandoned or improperly confined or kept
374
Humane destruction or other disposition of animals lost, strayed, homeless, abandoned or improperly confined or kept
375
Officer may take possession of animals or implements used in fights among animals
376
Disposition of animals or implements used in fights among animals
377
Disposal of dead animals
377‑A
Spaying and neutering of dogs and cats
378
Unlawful tampering with animal research
379
Prohibition of the selling of fur, hair, skin or flesh of a dog or cat
380
Use of elephants in entertainment acts
380*2
Examination of seized animals or animals taken possession of
381
Prohibition of the declawing of cats
382
Prohibition of the slaughter of race horses and race horse breeding stock
383
Examination of seized animals or animals taken possession of
384
Special provisions related to the importation of dogs and cats into the state for sale, resale or adoption
385
Prohibition of slaughtering horses for human or animal consumption

Accessed:
Jun. 8, 2024

Last modified:
Sep. 22, 2014

§ 378’s source at nysenate​.gov

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