SECTION 1. Chapter 272 of the General Laws is hereby amended by inserting after Section 80G the following new section:-

Section 80G1/2.

(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Commissioner”, the commissioner of the Massachusetts Department of Public Health.

“Contract testing facility”, a partnership, corporation, association, or other legal relationship that tests cosmetics or other products, product formulations, chemicals, or ingredients.

“Product testing facility”, a facility that is using animals for the testing of consumer products, including, but not limited to, cosmetics, pesticides, medical devices, food additives, and ingredients for use in such products.

“Research institution”, any facility employing nonhuman primates in scientific investigation, experiment or instruction or for the testing of drugs or medicines licensed by the commissioner of public health under section 174D.

“Nonhuman primate (NHP)”, any primate species except humans, including but not limited to rhesus macaques, long-tailed (i.e., crab-eating or cynomolgus) macaques, stump-tailed macaques, pig-tailed macaques, squirrel monkeys, owl monkeys, African green monkeys, marmosets, baboons, spider monkeys, capuchin monkeys, and titi monkeys.

(b) A research institution or product testing facility that utilizes infant NHPs in experiments shall not remove or separately house the infants from their respective biological mothers for the purposes of research, experimentation, or product testing.

(c) An infant NHP may be temporarily removed or separately housed from its mother only for the medical welfare of either or both NHPs. Upon removal or separation, psychological and physical distress shall be minimized for both NHPs without use of sedatives, restraint chairs, or similar equipment, and reunion of the NHPs shall not be delayed unless medically necessary.

(d) The prohibition in subsection (b) shall begin at the time of the infant NHP’s birth through his/her first twelve (12) months of life.

(e) The commissioner shall promulgate regulations to implement, enforce, and administer this section.

SECTION 2. The commissioner shall promulgate regulations to implement this Act no later than ninety (90) days following its passage. Section 1 shall take effect 90 days after passage of this Act and Section 2 shall take effect upon passage of this Act.