Adds to existing law to establish provisions regarding the use of human fetal tissue in products.

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 AN ACT1 RELATING TO HUMAN FETAL TISSUE; AMENDING TITLE 39, IDAHO CODE, BY THE ADDI-2 TION OF A NEW CHAPTER 69, TITLE 39, IDAHO CODE, TO ESTABLISH PROVISIONS3 REGARDING THE USE OF HUMAN FETAL TISSUE IN PRODUCTS; AND DECLARING AN4 EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended7 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-8 ter 69, Title 39, Idaho Code, and to read as follows:9 CHAPTER 6910 HUMAN FETAL TISSUE IN PRODUCTS11 39-6901. HUMAN FETAL TISSUE IN PRODUCTS. (1) All products that use any12 ingredients or additives that have been subjected to the use of human fetal13 tissue in the testing or production phase shall include explicit labeling14 indicating inclusion of human fetal tissue in the research, production, or15 development of the product.16 (2) The provisions of this section shall apply to any vaccination or17 medical product that includes human fetal tissue and shall apply to products18 where testing was performed on the final product, or its components or mate-19 rials, or to the specific production lot or batch of the product, or its com-20 ponents or materials.21 (3) Manufacturers shall be strictly liable for a violation of the pro-22 visions of subsection (1) of this section. Retailers shall be liable only if23 they had actual knowledge that the product required labeling as provided in24 subsection (1) of this section and failed to do so.25 (4) When the attorney general has reason to believe that any person or26 entity is violating or has violated the requirements of this section, the27 attorney general may bring an action to obtain injunctive relief and civil28 penalties of up to five thousand dollars ($5,000) per violation or up to five29 percent (5%) of the gross revenue derived from the sale of the violating30 product in this state while such sales were in violation. The injunction31 shall be sufficient to prevent the defendant from violating the requirements32 of this section.33 (5)(a) It shall be an affirmative defense that:34 (i) Consumers have been conspicuously informed while purchasing35 that the product has been subjected to the use of human fetal tis-36 sue, such as:37 1. For online sales, by a prominent display on the website38 the product was ordered from; or39 2. For in-person sales, by being informed vocally;40

2 (ii) A manufacturer established and maintained written policies1 reasonably designed to ensure compliance with the provisions of2 subsection (1) of this section, including verification from in-3 gredient suppliers, and informed retailers of such policies; and4 (iii) A retailer relied in good faith on the labeling provided by a5 manufacturer.6 (b) It shall not be an affirmative defense that the manufacturer or re-7 tailer is not based in this state.8 (6) As used in this section, "human fetal tissue" means tissue or cells9 obtained from a dead human embryo or fetus after a spontaneous or induced10 abortion or after a stillbirth and includes any fetal cell, embryonic cell,11 or cell line derived from a fetal or embryonic cell and any derivative bio-12 logical matter such as deoxyribonucleic acid (DNA) or proteins originating13 from such tissue, cells, or cell lines.14

SECTION 2. An emergency existing therefor, which emergency is hereby15 declared to exist, this act shall be in full force and effect on and after16 July 1, 2026.17