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

§ 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.