Section 1834.9.3 - Toxicological testing on dogs and cats(a)For purposes of this section, the following definitions apply: (1)"Alternative test method" means a test method that does not use animals, or in some cases reduces or refines the use of animals, for which the reliability and relevance for a specific purpose has been established by validation bodies, including, but not limited to, the Interagency Coordinating Committee for the Validation of Alternative Methods and the Organization for Economic Co-operation and Development. Alternative test methods include, but are not limited to, high-throughput screening methods, testing of categories of chemical substances, tiered testing methods, in vitro studies, and systems biology.(2)"Canine or feline toxicological experiment" means any test or study of any duration that seeks to determine the effect, if any, of the application or exposure, whether internal or external, of any amount of a chemical substance on a dog or cat. "Application or exposure" includes, but is not limited to, oral ingestion, skin or eye contact, or inhalation.(3)"Cat" means any member of the species Felis catus.(4)"Chemical substance" shall have the same meaning as that term is defined under subsection (2) of Section 2602 of Title 15 of the United States Code, except that for purposes of this section, such term shall include any pesticide, as defined under subsection (u) of Section 136 of Title 7 of the United States Code, and any food additive, as defined under subsection (s) of Section 321 of Title 21 of the United States Code.
(5)"Dog" means any member of the species Canis familiaris.(6)"Food additive" shall have the same meaning as that term is defined in subsection (s) of Section 321 of Title 21 of the United States Code.(7)"Medical research" means research related to the causes, diagnosis, treatment, control, or prevention of physical or mental diseases and impairments of humans and animals or related to the development of biomedical drugs or devices as those terms are defined in subsections (g) and (h), inclusive, of Section 321 of Title 21 of the United States Code. Medical research does not include experimentation or testing of a chemical substance or ingredient proposed for use in a product other than a biomedical drug or device as those terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321).(8)"Pesticide" shall have the same meaning as that term is defined in subsection (u) of Section 136 of Title 7 of the United States Code.(9)"Testing facility" means any partnership, corporation, association, school, institution, organization, or other legal relationship, whether privately or government owned, leased, or operated, that tests chemicals, ingredients, product formulations, or products in this state.(b)Notwithstanding any other law, and in addition to the prohibitions set forth in Sections 1834.9 and 1834.9.5, a testing facility shall not conduct a canine or feline toxicological experiment in this state to achieve discovery, approval, maintenance of approval, notification, registration, or maintenance of a pesticide or chemical substance, unless the experiment is conducted pursuant to any of the following: (1)To satisfy an express requirement imposed by the United States Environmental Protection Agency (EPA) under the authority of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) and the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), including any EPA rule, regulation, or order.(2)To support an application to the EPA for a waiver from the requirements in paragraph (1), provided that testing is conducted solely to reduce the total number of animals needed for experiments to achieve discovery, approval, maintenance of approval, notification, registration, or maintenance of a pesticide or chemical substance.(3)To satisfy an express requirement imposed by the Food and Drug Administration (FDA) per the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) or any binding agency regulation promulgated upon notice and comment thereunder.(c)(1)Notwithstanding any other law, the Attorney General, the district attorney of the county in which the violation is alleged to have occurred, or a city attorney of a city or city and county having a population in excess of 750,000 and in which the violation is alleged to have occurred, may bring a civil action for injunctive relief pursuant to this paragraph. If the court determines that the Attorney General, district attorney, or city attorney is the prevailing party in the enforcement action, the official may also recover costs, attorney fees, and a civil penalty not to exceed five thousand dollars ($5,000) for each day that each dog or each cat is used in a canine or feline toxicological experiment in violation of this section.(2)The procedure set forth in paragraph (1) is the exclusive remedy for enforcing this section.(d)The prohibition in subdivision (b) shall not apply to either of the following: (2)Testing or experimentation conducted for the purpose of developing, manufacturing, or marketing any product intended for beneficial use in dogs or cats.Added by Stats 2022 ch 551 (SB 879),s 2, eff. 1/1/2023.