Ch. 14— State Regulation of Animal Use • 317 
Most State statutes deal with the procurement 
of animals for research. For example, the Michi- 
gan statute makes it unlawful to sell animals to 
an unlicensed research facility (84). Dogs used in 
research must be marked. Animals cannot be sold 
to research facilities at a public auction or by 
weight, and when an animal is purchased for re- 
search, a bill of sale signed by the seller must be 
retained. A facility failure to abide by those rules 
could result in revocation of its required license 
(85). Conditions in animal holding facilities are also 
common concerns in these laws. New York facil- 
ities must treat research animals kindly and hu- 
manely and must feed and house them properly 
(93). Animals held in California facilities must re- 
ceive satisfactory food, shelter, and sanitation 
(15,17). 
State legislatures have been as reluctant as Con- 
gress to go behind the laboratory door. Califor- 
nia law provides that the Department of Health 
Services is required to promulgate rules for the 
control and humane use of animals in specified 
types of research (17). The New York statute spec- 
ifies that: 
. . . commensurate with experimental needs and 
with the physiologic function under study, all 
tests, experiments, and investigations involving 
pain shall be performed under adequate anesthe- 
sia (93). 
Under that statute, the Commissioner of Health 
has promulgated regulations applicable to re- 
search in the State university system to require 
ethical review of experimental procedures by the 
degree of pain and suffering caused the animal 
involved. 
Some of the statutes extend their requirements 
only to the use of companion animals. Massachu- 
setts requires a license prior to experimentation 
on dogs and cats (77), and Connecticut requires 
a license for research on dogs only (24). Institu- 
tions in Illinois, Iowa, or Oklahoma that plan to 
use live dogs or cats may apply for a license to 
obtain animals from a pound (61,65,96); in Ohio, 
to receive impounded dogs institutions must be 
certified by the Ohio Public Health Council as be- 
ing engaged in teaching or research (95). 
State research -regulation laws enacted since the 
passage of the Animal Welfare Act are mindful 
of the potential for duplication. California specif- 
ically exempts some laboratories from its licen- 
sure law, such as those regulated by the National 
Institutes of Health (17). Facilities in Kansas hold- 
ing a current Federal registration under the Ani- 
mal Welfare Act are exempt from State law (67), 
as are federally regulated facilities in North Caro- 
lina and Rhode Island (94,99). Facilities in Penn- 
sylvania that have undergone a Federal inspec- 
tion within the past year are exempt from regular 
inspections by Commonwealth animal wardens 
(97). 
With the exception of Massachusetts and Kansas, 
inspection and enforcement authorities are State - 
level agencies. The California statute prohibits 
delegation of this authority to anyone other than 
an employee of the Department of Health Serv- 
ices (17). Conversely, Kansas law allows the Com- 
missioner of Health to appoint county and city 
health commissioners as authorized representa- 
tives for inspection purposes (67). In Massachu- 
setts, research institutions must apply to the Com- 
missioner of Licenses for a license to “employ dogs 
or cats in scientific investigation, experiment or 
instruction or for the testing of drugs or medi- 
cines.’’ The Commissioner must investigate the ap- 
plicant prior to licensure to determine whether 
the public interest is served by granting a license 
and that the licensee “is a fit and proper institu- 
tion to receive such license.” Licenses are revo- 
cable, after notice and hearing, and must be re- 
newed annually. Knowing violators are subject 
to a fine of up to $100 for each discovered viola- 
tion of the statute. Local courts are authorized 
to enjoin violations “or to take such other actions 
as equity and justice require” in enforcing the 
licensing law. The Commissioner is given a gen- 
eral grant of rulemaking and inspection author- 
ity, and visitation and inspection powers may be 
delegated by regulation to the Massachusetts 
SPCA and the Animal Rescue League of Boston, 
"as agents of the commissioner” (77). 
Recent Initiatives in 
Research Regulation 
Proposals to enact or modify licensing statutes 
suggest such changes as increasing control over 
the research process; requiring stricter standards 
