§ 378 — Unlawful tampering with animal research

§ 378. Unlawful tampering with animal research. 1. Definitions. For\nthe purposes of this section, the following terms shall have the\nfollowing meanings:\n (a) "Infectious agents" shall be limited to those organisms that cause\nserious physical injury or death to humans.\n (b) "Animal" means any warm or cold-blooded animal or insect which is\nbeing used in food or fiber production, agriculture, research, testing,\nor education, however, shall not include any animal held primarily as a\npet.\n (c) "Facility" means any building, structure, laboratory, vehicle,\npasture, paddock, pond, impoundment or premises where any scientific\nresearch, test, experiment, production, education, or investigation\ninvolving the use of any animal is carried out, conducted or attempted\nor where records or documents relating to an animal or animal research,\ntests, experiments, production, education or investigation are\nmaintained.\n (d) "Release" means to intentionally set free from any facility any\nanimal without any right, title, or claim thereto.\n (e) "Abandonment" means the intentional relinquishment or forsaking of\npossession or control of any animal released from a facility.\n (f) "Person" means any individual, firm, organization, partnership,\nassociation or corporation.\n (g) "Secret scientific material" means a sample, culture,\nmicro-organism, specimen, record, recording, document, drawing or any\nother article, material, device or substance which constitutes,\nrepresents, evidences, reflects, or records a scientific or technical\nprocess, invention or formula or any part or phase thereof which is\nstored, tested, studied or examined in any facility, and which is not,\nand not intended to be, available to anyone other than the person or\npersons rightfully in possession thereof or selected persons having\naccess thereto with his or their consent, and when it accords or may\naccord such rightful possessors an advantage over competitors or other\npersons who do not have knowledge or the benefit thereof.\n (h) "Notice" means to provide information in such detail to make a\nreasonable person aware of the presence in a facility of infectious\nagents or secret scientific material.\n 2. Notice. Any person who, after notice has been given by:\n (a) actual notice in writing or orally to the person; or\n (b) prominently posting written notice upon or immediately adjacent to\nthe facility; or\n (c) notice that is announced upon entry to the facility by any person:\n (i) knowingly or intentionally releases an animal from a facility or\ncauses the abandonment of an animal knowing that such animal was exposed\nto infectious agents prior to such release or abandonment and was\ncapable of transmitting such infectious agents to humans; or\n (ii) with intent to do so, causes loss or damage to secret scientific\nmaterial, and having no right to do so nor any reasonable ground to\nbelieve that he has such right, causes loss of or damage to any secret\nscientific material in an amount in excess of two hundred fifty dollars\nat a facility, shall be guilty of unlawful tampering with animal\nresearch. Unlawful tampering with animal research is a class E felony\npunishable in accordance with the penal law.\n 3. Private right of action. Any person who violates any provision of\nthis section shall be liable in any court of competent jurisdiction,\nincluding small claims court, in an amount equal to:\n (a) Damages sustained as a result of such violation or fifty dollars,\nwhichever is greater, for each violation;\n (b) Such additional punitive damages as the court may allow;\n (c) Attorney's fees and costs; and\n (d) Cost of duplicating any experiment which was damaged by the\nunlawful tampering with animal research, if applicable.\n In any action brought by any person to enforce this section, the court\nmay, subject to its jurisdiction, issue an injunction to restrain or\nprevent any violation of this section or any continuance of any such\nviolation.\n