Purpose

This bill is meant to prohibit certain types of animal research in Minnesota by banning activities that would be reportable to federal authorities (specifically the USDA APHIS reporting column known as Column E). It also creates penalties to enforce the prohibition and outlines when the law does or does not apply, including important federal-law and federal-facility exceptions.

Main provisions

• Prohibition on Column E reportable animal research procedures (Section 343.41)

  • A research or testing facility in Minnesota may not conduct any research, teaching, surgery, experiment, study, or test if the activity is or would be reportable to the United States Department of Agriculture on APHIS Form 7023 Column E or APHIS Form 7023B Column E Explanation.
  • This aligns Minnesota prohibitions with specific federal reporting categories (US Code title 7 sections 2132 and 2143, and CFR title 9 section 236.1).

• Exceptions and clarifications

  • Subdivision 2 clarifies that the prohibition does not apply to activities required by federal law or regulation, including but not limited to CFR title 9 section 113.1.
  • Subdivision 3 clarifies that the prohibition does not apply to a federal research facility as defined in US Code title 7 section 2132.

• Penalties and enforcement (Section 343.42)

  • Administrative penalties: A testing or research facility that violates the prohibition must pay an administrative penalty of $10,000 for each animal subjected to the violation.
  • Civil action remedies: If the state proves the violation was willful, a court may order the defendant to reimburse the state for reasonable litigation expenses. The court must consider the defendant’s economic circumstances when setting that amount.

Significant changes to existing law

• Establishes a new statewide prohibition targeting activities that would require federal “Column E” reporting to APHIS, effectively restricting certain animal research in Minnesota.
• Creates a new enforcement framework with both administrative penalties ($10,000 per animal) and potential civil-recovery of litigation costs for willful violations.
• Introduces specific federal-law and federal-facility exemptions, meaning certain activities or facilities governed by federal requirements would not be subject to these Minnesota prohibitions.
• Codifies this prohibition in Minnesota Statutes Chapter 343, adding a new set of prohibitions, penalties, and remedies parallel to, but distinct from, federal requirements.

Relevant notes - The bill references specific federal forms and codes (APHIS Form 7023 Column E, APHIS Form 7023B Column E Explanation; US Code title 7 sections 2132 and 2143; CFR title 9 sections 236.1 and 113.1) to define what constitutes reportable activity and when exemptions apply.

Enforcement context

• Penalties apply per animal, reinforcing that each affected animal triggers a separate penalty.
• Willful violations open the door to recovery of the state's litigation costs, adding a deterrent beyond the per-animal penalty.

Relevant Terms - Column E - APHIS Form 7023 Column E - APHIS Form 7023B Column E Explanation - United States Code title 7 (7 U.S.C.) 2132 - United States Code title 7 (7 U.S.C.) 2143 - Code of Federal Regulations title 9 (9 C.F.R. 236.1) - Code of Federal Regulations title 9 (9 C.F.R. 113.1) - Minnesota Statutes Chapter 343 - Administrative penalty - Civil action remedies - Willful violation - Litigation expenses - Federal facilities - Federal law or regulation exemption