A Bill for an Act
Page 1, Line 101Concerning the adoption of animals that are test subjects of
Page 1, Line 102health-related research.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill requires a facility that uses animals for health-related research (health-related research facility) to offer a dog or cat to an animal shelter or a pet animal rescue for the purpose of adoption before euthanizing the animal. If the health-related research facility has an internal adoption program, the facility may first offer the dog or cat for adoption through the internal adoption program before offering the dog or cat to an animal shelter or a pet animal rescue.
A health-related research facility must submit an annual report to the department of public health and environment that includes the following information for the previous year:
- The total number of dogs and cats that are used for health-related research conducted at the health-related research facility;
- The total number of dogs and cats that the health-related research facility transferred to an animal shelter or a pet animal rescue for the purpose of adoption;
- The total number of dogs and cats that the health-related research facility adopted out through an internal adoption program; and
- The name and address of each animal shelter or pet animal rescue to which the health-related research facility transferred a dog or cat for the purpose of adoption.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add article 82 to title 35 as follows:
Page 2, Line 3ARTICLE 82
Animals in Health-related Research Facilities
Page 2, Line 435-82-101. Definitions.As used in this article 82, unless the context otherwise requires:
Page 2, Line 5(1) "Animal" means a live vertebrate, nonhuman animal.
Page 2, Line 6(2) "Animal shelter" has the meaning set forth in section 35-80-102 (1).
Page 2, Line 7(3) "Cat" means a small, domesticated, carnivorous mammal that is a member of the family Felidae, order Carnivora.
Page 2, Line 8(4) "Chemical substance" means any organic or inorganic substance, including:
Page 2, Line 9(a) A drug, as defined in 21 U.S.C. sec. 321 (g)(1);
Page 2, Line 10(b) A pesticide, as defined in 7 U.S.C. sec. 136 (u);
Page 3, Line 1(c) A chemical substance, as defined in 15 U.S.C. sec. 2602 (2); and
Page 3, Line 2(d) A food additive, as defined in 21 U.S.C. sec. 321 (s).
Page 3, Line 3(5) "Department" means the department of agriculture created in section 35-1-103.
Page 3, Line 4(6) "Dog" means any member of the species Canis familiaris.
(7) "Health-related research" means research:
Page 3, Line 5(a) Related to the causes, progression, diagnosis,
Page 3, Line 6treatment, control, or prevention of physical or mental
Page 3, Line 7diseases and impairments or chronic conditions of humans or animals;
Page 3, Line 8(b) Related to the development of biomedical products or devices, as defined in 21 U.S.C. sec. 321 (h); or
Page 3, Line 9(c) To test the health effects of chemical substances,
Page 3, Line 10ingredients, medical devices, vaccines, products, or product formulations.
Page 3, Line 11(8) (a) "Health-related research facility" means an entity that uses animals for health-related research.
Page 3, Line 12(b) "Health-related research facility" does not include
Page 3, Line 13an entity that only provides a beneficial service to an animal, such as spaying or neutering.
Page 3, Line 14(9) "Pet animal rescue" has the meaning set forth in section 35-80-102 (11.2).
Page 3, Line 1535-82-102. Health-related research - dogs and cats - adoption
Page 3, Line 16- reporting - conflict with federal requirements. (1) (a) Before
Page 3, Line 17euthanizing a dog or cat, a health-related research facility
Page 3, Line 18shall offer the dog or cat to an animal shelter or a pet animal
Page 4, Line 1rescue for the purpose of adoption. If the health-related
Page 4, Line 2research facility has an internal adoption program, the facility
Page 4, Line 3may first offer the dog or cat for adoption through the internal
Page 4, Line 4adoption program before offering the dog or cat to an animal shelter or a pet animal rescue.
Page 4, Line 5(b) Subsection (1)(a) of this section does not apply if a
Page 4, Line 6health-related research facility euthanizes a dog or cat for research, health, or safety reasons.
Page 4, Line 7(2) A health-related research facility may enter into a
Page 4, Line 8collaborative agreement with an animal shelter or a pet animal rescue to satisfy the requirements of this section.
Page 4, Line 9(3) A health-related research facility that acts in good
Page 4, Line 10faith to transfer or adopt out through an internal adoption
Page 4, Line 11program a dog or cat to an animal shelter or a pet animal
Page 4, Line 12rescue pursuant to subsection (1) of this section is immune from
Page 4, Line 13civil liability for acts or circumstances related to or resulting from the transfer or internal adoption of the dog or cat.
Page 4, Line 14(4) (a) By January 31, 2026, and by January 31 each year
Page 4, Line 15thereafter, a health-related research facility shall submit to
Page 4, Line 16the department, on a form approved by the department, a report
Page 4, Line 17that includes the following information for the previous calendar year:
Page 4, Line 19(I) The total number of dogs and cats that the health-related research facility:
Page 4, Line 20(A) Transferred to an animal shelter or a pet animal
Page 4, Line 21rescue for the purpose of adoption; and
Page 5, Line 1(B) Adopted out through an internal adoption program; and
Page 5, Line 2(II) The name and address of each animal shelter or pet
Page 5, Line 3animal rescue to which the health-related research facility transferred a dog or cat for the purpose of adoption.
Page 5, Line 4(b) A health-related research facility with an internal
Page 5, Line 5adoption program shall not report any personal identifying information about an individual internal adopter.
Page 5, Line 6(5) If any provision of this article 82 is found to be in
Page 5, Line 7conflict with the federal "Animal Welfare Act", 7 U.S.C. sec.
Page 5, Line 82131 et seq., the conflicting part of this article 82 is inoperative
Page 5, Line 9solely to the extent of the conflict, and the finding or
Page 5, Line 10determination shall not affect the operation of the remainder of this article 82.
Page 5, Line 11SECTION 2. Act subject to petition - effective date. This act
Page 5, Line 12takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 13ninety-day period after final adjournment of the general assembly; except
Page 5, Line 14that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 15of the state constitution against this act or an item, section, or part of this
Page 5, Line 16act within such period, then the act, item, section, or part will not take
Page 5, Line 17effect unless approved by the people at the general election to be held in
Page 5, Line 18November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.