§ 26B-1-236 — Experimental animals -- Authorization -- Minimum period of impoundment -- Requirements -- Fees -- Records -- Revocation -- Rulemaking and investigation.

(1) As used in this section, "institution" means any school or college of agriculture, veterinary medicine, medicine, pharmacy, or dentistry or other educational, hospital, or scientific establishment properly concerned with the investigation of or instruction concerning the structure or functions of living organisms, the cause, prevention, control, or cure of diseases or abnormal condition of human beings or animals.
(2) (2)(a) Institutions may apply to the department for authorization to obtain animals from establishments maintained for the impounding, care, and disposal of animals seized by lawful authority.
(2)(b) If, after an investigation under Subsection (2)(a), the department finds that the institution meets the requirements of this section and the department's rules and that the public interest will be served thereby, the department may authorize the institution to obtain animals under this section.
(3) Subject to Subsection (4), the governing body of the county or municipality in which an establishment is located may make available to an authorized institution as many impounded animals in that establishment as the institution may request.
(4) A governing body described in Subsection (3) may not make an impounded animal available to an institution, unless:

(4)(a) the animal has been legally impounded for the longer of:
(4)(a)(i) at least five days; or
(4)(a)(ii) the minimum period provided for by local ordinance;
(4)(b) the animal has not been claimed or redeemed by:
(4)(b)(i) the animal's owner; or
(4)(b)(ii) any other person entitled to claim or redeem the animal; and
(4)(c) the establishment has made a reasonable effort to:
(4)(c)(i) find the rightful owner of the animal, including checking if the animal has a tag or microchip; and
(4)(c)(ii) if the owner is not found, make the animal available to others during the impound period.
(5) Owners of animals who voluntarily provide their animals to an establishment may, by signature, determine whether or not the animal may be provided to an institution or used for research or educational purposes.
(6) The authorized institution shall provide, at the authorized institution's own expense, for the transportation of such animals from the establishment to the institution and shall use them only in the conduct of scientific and educational activities and for no other purpose.
(7) (7)(a) The institution shall reimburse the establishment for animals received.
(7)(b) The fee described in Subsection (7)(a) shall be, at a minimum, $15 for cats and $20 for dogs.
(7)(c) The fee described in Subsection (7)(a) shall be increased as determined by the department, based on fluctuations or changes in the Consumer Price Index.
(8) Each institution shall keep a public record of all animals received and disposed of.
(9) The department, upon 15 days written notice and an opportunity to be heard, may revoke an institution's authorization if the institution has violated any provision of this section, or has failed to comply with the conditions required by the department with respect to the issuance of authorization.
(10) In carrying out the provisions of this section, the department may adopt rules for:

(10)(a) controlling the humane use of animals;
(10)(b) diagnosis and treatment of human and animal diseases;
(10)(c) advancement of veterinary, dental, medical, and biological sciences; and
(10)(d) testing, improvement, and standardization of laboratory specimens, biologic projects, pharmaceuticals, and drugs.
(11) The department may inspect or investigate any institution that applies for or is authorized to obtain animals.

Legislative History

Renumbered and Amended by Chapter 305, 2023 General Session