Bill Analyses and Ratings
Bill Information: S1310 – Human Fetal Tissue Product Labeling Requirements
Bill Summary
This bill creates a new Chapter 69 in Title 39 of Idaho Code establishing mandatory labeling requirements for products that use human fetal tissue in testing or production. The legislation requires explicit labels on any product—including vaccines and medical products—where human fetal tissue was used in research, development, or testing of the final product or its components. Human fetal tissue is defined broadly to include tissue or cells from dead human embryos or fetuses after abortion or stillbirth, as well as any derived cell lines, DNA, or proteins.
The bill establishes strict liability for manufacturers who violate labeling requirements and liability for retailers who have actual knowledge of violations. The Attorney General may pursue injunctive relief and civil penalties up to $5,000 per violation or 5% of gross revenue from violating product sales in Idaho. Affirmative defenses include conspicuous consumer notification at point of sale (online or in-person), manufacturer compliance policies with supplier verification, and good faith reliance by retailers on manufacturer labeling.
The legislation takes effect July 1, 2026, under an emergency declaration.
Overall Assessment
This bill imposes new regulatory compliance costs on manufacturers and retailers by requiring labeling and verification systems for products using human fetal tissue in testing or production. The strict liability provisions and civil penalties create financial risks for businesses selling affected products in Idaho. The labeling requirements enable consumers to make informed purchasing decisions about products involving human fetal tissue, particularly vaccines and medical products, which may align with certain ethical or religious objections to such use.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (-1)
The bill creates a new regulatory enforcement mechanism under Section 39-6901(4) granting the Attorney General authority to pursue injunctive relief and civil penalties. This expands government regulatory reach into product labeling and manufacturing practices, requiring state resources for enforcement and compliance monitoring.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
This bill establishes product labeling requirements and does not address elections, voting procedures, citizen participation in government, or transparency in governmental processes.
ARTICLE III. EDUCATION (0)
The bill regulates product labeling for human fetal tissue use and does not address education policy, curriculum, parental rights in schools, or educational institutions.
ARTICLE IV. AGRICULTURE (0)
This bill concerns medical and consumer product labeling and does not address agricultural education, farming operations, agricultural markets, or water rights for agriculture.
ARTICLE V. WATER (0)
The bill establishes product labeling requirements and does not address water rights, water management, inter-basin transfers, or water infrastructure.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
This bill regulates product labeling and does not address natural resource management, environmental policy, federal land use, or wilderness designations.
ARTICLE VII. ENERGY (0)
The bill concerns product labeling requirements and does not address energy independence, energy production, utility rates, or energy infrastructure.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
This bill establishes product labeling requirements and does not address Idaho National Laboratory operations, nuclear research, or technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
While the bill imposes regulatory requirements on businesses, it does not address real property rights, eminent domain, land use regulations, or property development.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill regulates product labeling and does not address state or federal land ownership, land management policies, or Idaho's administration of public lands.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
This bill concerns product labeling requirements and does not address fish and game management, hunting, fishing, predator control, or wildlife habitat.
ARTICLE XII. ECONOMY (-1)
The bill imposes new regulatory compliance costs on manufacturers through mandatory labeling requirements in Section 39-6901(1) and strict liability provisions in Section 39-6901(3). Manufacturers must establish verification systems with ingredient suppliers, and both manufacturers and retailers face civil penalties up to $5,000 per violation or 5% of gross revenue from violating sales, creating financial burdens on commerce.
ARTICLE XIII. HEALTH AND WELFARE (1)
The bill's labeling requirements in Section 39-6901(1)-(2) enable individuals to identify and avoid products—including vaccines and medical products—that used human fetal tissue in testing or production. This supports informed consent and conscience protections for those with ethical or religious objections to such products, allowing them to make healthcare decisions consistent with their values.
ARTICLE XIV. AMERICAN FAMILY (1)
The bill requires labeling of products using human fetal tissue, defined in Section 39-6901(6) as tissue from dead human embryos or fetuses after abortion or stillbirth. By making this information transparent through mandatory labeling, the legislation enables families to avoid purchasing products connected to abortion, supporting values that affirm life from conception.
ARTICLE XV. OLDER AMERICANS (0)
This bill establishes product labeling requirements and does not specifically address services, employment opportunities, or policies affecting older Americans.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
The bill creates civil enforcement mechanisms for labeling violations but does not address criminal justice, gun rights, drug policy, incarceration, or law enforcement operations.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
This bill regulates product labeling and does not address military affairs, veterans' services, national defense, border security, or foreign policy.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill establishes product labeling requirements and does not address judicial selection, judicial elections, or constitutional interpretation principles.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
While the labeling requirements may indirectly assist individuals with religious objections to products using human fetal tissue, the bill does not directly address religious freedom protections, conscience clauses, or government limitations on religious exercise.