S 1310

                    LEGISLATURE OF THE STATE OF IDAHO
 Sixty-eighth Legislature  Second Regular Session - 2026
                                 IN THE SENATE
                             SENATE BILL NO. 1310
                       BY JUDICIARY AND RULES COMMITTEE
1AN ACT
2  RELATING TO HUMAN FETAL TISSUE; AMENDING TITLE 39, IDAHO CODE, BY THE ADDI-
3      TION OF A NEW CHAPTER 69, TITLE 39, IDAHO CODE, TO ESTABLISH PROVISIONS
4      REGARDING THE USE OF HUMAN FETAL TISSUE IN PRODUCTS; AND DECLARING AN
5      EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
6  Be It Enacted by the Legislature of the State of Idaho:
7SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
8  by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
9  ter 69, Title 39, Idaho Code, and to read as follows:
10CHAPTER 69
11HUMAN FETAL TISSUE IN PRODUCTS
12      39-6901. HUMAN FETAL TISSUE IN PRODUCTS. (1) All products that use any
13 ingredients or additives that have been subjected to the use of human fetal
14 tissue in the testing or production phase shall include explicit labeling
15 indicating inclusion of human fetal tissue in the research, production, or
16 development of the product.
17      (2) The provisions of this section shall apply to any vaccination or
18 medical product that includes human fetal tissue and shall apply to products
19 where testing was performed on the final product, or its components or mate-
20 rials, or to the specific production lot or batch of the product, or its com-
21 ponents or materials.
22      (3) Manufacturers shall be strictly liable for a violation of the pro-
23 visions of subsection (1) of this section. Retailers shall be liable only if
24 they had actual knowledge that the product required labeling as provided in
25 subsection (1) of this section and failed to do so.
26      (4) When the attorney general has reason to believe that any person or
27 entity is violating or has violated the requirements of this section, the
28 attorney general may bring an action to obtain injunctive relief and civil
29 penalties of up to five thousand dollars ($5,000) per violation or up to five
30 percent (5%) of the gross revenue derived from the sale of the violating
31 product in this state while such sales were in violation. The injunction
32 shall be sufficient to prevent the defendant from violating the requirements
33 of this section.
34      (5)(a) It shall be an affirmative defense that:
35(i) Consumers have been conspicuously informed while purchasing
36that the product has been subjected to the use of human fetal tis-
37sue, such as:
381. For online sales, by a prominent display on the website
39the product was ordered from; or
402. For in-person sales, by being informed vocally;
                                      2
1(ii) A manufacturer established and maintained written policies
2reasonably designed to ensure compliance with the provisions of
3subsection (1) of this section, including verification from in-
4gredient suppliers, and informed retailers of such policies; and
5(iii) A retailer relied in good faith on the labeling provided by a
6manufacturer.
7(b) It shall not be an affirmative defense that the manufacturer or re-
8tailer is not based in this state.
9(6) As used in this section, "human fetal tissue" means tissue or cells
10 obtained from a dead human embryo or fetus after a spontaneous or induced
11 abortion or after a stillbirth and includes any fetal cell, embryonic cell,
12 or cell line derived from a fetal or embryonic cell and any derivative bio-
13 logical matter such as deoxyribonucleic acid (DNA) or proteins originating
14 from such tissue, cells, or cell lines.
15     SECTION 2. An emergency existing therefor, which emergency is hereby
16 declared to exist, this act shall be in full force and effect on and after
17 July 1, 2026.