§ 378. Unlawful tampering with animal research.
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§ 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.