2023 New York Laws › AGM - Agriculture and Markets › Article 26 - Animals › 378 - Unlawful Tampering With Animal Research.

§ 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.