Virginia Looks to Require Consideration for Rehoming Primates Formerly Used in Testing
By Rebecca Critser | March 20th, 2025
The Virginia legislature passed bill SB907 last month that, if approved by the Governor, would require state animal testing facilities to “consider” rehoming non-human primates that are no longer needed at the testing facility. This was introduced by Senator William M. Stanley Jr. and has received ongoing support from PETA. The bill was passed unanimously in the Virginia Senate and with bipartisan support in the Virgina House. The Governor has until March 24 to act.
If enacted, Virginia would be the first to require laboratories to consider rehoming non-human primates no longer used in research and testing. Several bills have been introduced at the federal level (e.g., AFTER Act or Violets Law, HEARTS Act, SPARE Act) to accomplish something similar; to date no comparable federal law has been passed. Rehoming is considered by many the 4th R of animal welfare considerations (following replacement, refinement, and reduction). While several states—including Virginia—have passed legislation on rehoming dogs and cats used in testing, this bill would be the first specific to primates.
Those who advocate for the use of animal models have often argued that there is a need for research and testing using those most like humans without putting humans at risk. The United States has in the past been home to highly unethical research conducted on human subjects. But these arguments have a weakness. While non-human primates are most like “us” they are also more likely to endear the hearts of the public for that very same reason—they are so much like us. Still, it is possible that without the use of primates in research and testing, breakthroughs in HIV/AIDs treatment or many others would have been delayed.
Today there are few facilities in Virginia that use primates. While there are seven major primate facilities supported by NIH throughout the country, none of them are located in Virginia. Currently, only one facility registered with the USDA uses primates in research: Eastern Virginia Medical School (EVMS). And this facility appears to be the main target of this bill. Prior to the introduction of the bill, PETA attempted to work with EVMS to rehouse primates that are no longer needed for their research. However, personnel at EVMS were resistant to this; one Dean expressed concern that the environmental shock of transitioning from a laboratory environment to a sanctuary setting would cause too much stress on the animals. EVMS has further defended their research with a statement that they use primates to study preeclampsia, a condition of pregnancy that is poorly understood and which disproportionally affects Black women. EVMS did not cite any published articles or data to demonstrate the knowledge or information gained from their research with primates. However, a recent interview by Wisconsin Public Radio discussed the role of primates in studying and treating preeclampsia.
Virgina Commonwealth University (VCU) also used primates in research for a few years prior to 2020. In 2018 they were seemingly caught giving inconsistent information about their policy of retiring primates to sanctuaries. There are only ten Global Federal of Animal Sanctuary (GFAS) accredited primate sanctuaries in the United States. The ABA TIPS Animal Law Committee recently held a webinar on the need to provide greater support to animal sanctuaries including financial support as the need for rehoming primates and other animals used in laboratories increases. It appears none of the GFAS accredited primate sanctuaries were contacted by VCU regarding their primates.
Interestingly, however, Virginia bill SB907 defines “certified sanctuary” to include not only GFAS accredited sanctuaries but also zoos accredited by the American Zoological Association (AZA). While both GFAS and AZA facilities prioritize the care and wellbeing of the animals in their charge, there are key differences between the approaches of the two accrediting bodies. Perhaps most important to animal advocates is GFAS’s prohibition on captive breeding, prohibition on invasive research, and requirement that all tours be guided. Some GFAS accredited facilities are not open to the public, and those that are open must prioritize the wellbeing of the animals over the experiences of the visitors. In contrast, AZA facilities often rely on visitor ticket sales for monetary stability. While they don’t encourage direct contact between the human visitors and the non-human primate residents, there is often nowhere for the animals to go should they wish to retreat from the prying eyes of humans. Still, AZA accredited facilities have consistently demonstrated higher welfare standards than non-AZA organizations that exhibit animals.
While the real impact of this bill will not be clear until some years after its passage, there are reasons to question whether it will have a substantive impact for primates used for testing in Virginia today. For one, the testing or research facility can choose what is best for the retiring primate. This means that the testing facility could consider but ultimately decide a sanctuary is not the best option for any primate. Additionally, there is no funding provided in the bill to facilitate rehoming and continued care. Many GFAS accredited sanctuaries are dependent on federal funding or grant funding that is limited, and it is often the case that federally funded research cannot be used for rehoming purposes. So, without a process in place to ensure the rehomed primates are accompanied with financial support, it is unclear how the sanctuaries will be able to take on an increasing number of animals. Finally, no enforcement mechanism seems to have been built into the law, so the state is relying on preexisting systems to discover violations and relying upon the preexisting civil penalties already in place under the relevant article which amount to only $5000 per violation.
Nevertheless, the passage of this bill—should that happen—will mark an important shift in tone. This will be the first law in the U.S. to require primates used in research to be considered for adoption at the end of their use in research. The law also highlights concerns of animal advocates and the public generally around the use of primates in research and testing. Further, the soft launch of this mandate gives both laboratories and sanctuaries an opportunity to refine the adoption process. Virginia’s SB907 should serve as a model for other states and/or the federal government to address the post-research care of primates and other animals currently used in laboratories across the country. Laws like this are a necessary step to bridge the gap in law and policy between where we are now toward the eventual retirement of all animals used in research.
The views expressed do not necessarily reflect the official policy or position of Johns Hopkins University or Johns Hopkins Bloomberg School of Public Health.
