Chapter 30f

§ 3000F Definitions [Effective Jan. 1, 2027]. For purposes of this subchapter: (1) “Animal rescue organization” means an animal welfare society or other nonprofit organization that accepts custody of animals for the purpose of finding permanent adoptive homes for the animals and uses a network of foster homes to maintain the animals. An “animal rescue organization” does not do any of the following: a. Maintain a facility or physical structure for housing animals until final disposition. b. Breed animals. c. Obtain animals in exchange for payment or compensation from any person that breeds or brokers the animals. (2) “Animal shelter” means a public or private facility that includes a physical structure and which provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered cats or dogs, and that is operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. In addition to sheltering cats or dogs, the facility may also shelter other species. “Animal shelter” does not include individuals providing temporary foster care to animals in their home or an animal rescue organization. (3) “Department” means the Department of Health and Social Services or its duly authorized representatives. (4) “Ear-tip” means the removal of approximately a quarter-inch off the tip of a cat’s left ear while the cat is anesthetized to help identify the cat as having been sterilized and vaccinated for rabies at the time of ear-tipping. (5) “Free-roaming cat program” means a program in which visibly healthy cats admitted to a shelter, not placed for adoption, and lacking discernible owner identification, are sterilized, vaccinated against rabies, ear-tipped, and returned to a safe location where they were found or, if necessary, appropriately relocated. However, no free-roaming cat or feral cat shall be relocated to public lands managed for wildlife or outdoor recreation activities, including but not limited to lands owned or managed by the Department of Natural Resources and Environmental Control, the Delaware Department of Agriculture, the National Park Service or the U.S. Fish and Wildlife or to lands recognized to be located within coastal migratory bird flyways. (6) “Foster home” means the temporary shelter for an animal provided by an individual in that individual’s home while the animal is in the custody of the animal rescue organization or animal shelter. (7) “Isolation” means the physical separation and confinement of an animal or group of animals who are infected with a communicable disease from nonisolated animals to prevent or limit the transmission of the disease. (8) “Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care. “Intake” includes all animals admitted to the shelter, a foster home, or a satellite location. (9) “Licensed veterinary technician” means an individual licensed as a veterinary technician pursuant to Title 24. (10) “Quarantine” means the physical separation and confinement of an animal or group of animals who have or may have been exposed to a contagious disease and who do not show signs or symptoms of communicable disease from nonquarantined animals to prevent or limit the transmission of the disease. (11) “Return to field” means a program whereby community cats that have been admitted to an animal shelter are returned to the place they were found after being processed as an intake, sterilized, ear-tipped, and vaccinated against rabies. (12) “Person” means corporations, companies, associations, firms, partnerships, societies, and joint-stock companies, this State, a county or a municipality of this State, as well as individuals. 77 Del. Laws, c. 418, §  2 ; 79 Del. Laws, c. 377, §  1 ; 81 Del. Laws, c. 450, § 2 ; 84 Del. Laws, c. 171, § 1 ; 85 Del. Laws, c. 483, § 1 ; § 3001F Definitions [Effective until Jan. 1, 2027]. For purposes of this subchapter: (1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and that is operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. “Animal shelter” shall not include individuals providing temporary foster care to animals in their home or to animal rescue groups sheltering animals on an individual’s private property. (2) “Business day” means each day the shelter is open to the public for reclamation and adoption. (3) “Department” means the Department of Health and Social Services or its duly authorized representatives. (4) “Ear-tip” means the removal of approximately a quarter-inch off the tip of a cat’s left ear while the cat is anesthetized to help identify the cat as having been sterilized and vaccinated for rabies at the time of ear-tipping. (5) “Free-roaming cat program” means a program in which visibly healthy cats admitted to a shelter, not placed for adoption, and lacking discernible owner identification, are sterilized, vaccinated against rabies, ear-tipped, and returned to a safe location where they were found or, if necessary, appropriately relocated. However, no free-roaming cat or feral cat shall be relocated to public lands managed for wildlife or outdoor recreation activities, including but not limited to lands owned or managed by the Department of Natural Resources and Environmental Control, the Delaware Department of Agriculture, the National Park Service or the U.S. Fish and Wildlife or to lands recognized to be located within coastal migratory bird flyways. (6) “Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care. Intake includes all animals admitted to the shelter, foster care, or a satellite location. (7) “Isolation” means the physical separation and confinement of an animal or group of animals who are infected with a communicable disease from nonisolated animals to prevent or limit the transmission of the disease. (8) “Licensed veterinarian” means a veterinarian licensed to practice veterinary medicine pursuant to Title 24. (9) “Licensed veterinary technician” means an individual licensed as a veterinary technician pursuant to Title 24. (10) “Quarantine” means the physical separation and confinement of an animal or group of animals who have or may have been exposed to a contagious disease and who do not show signs or symptoms of communicable disease from nonquarantined animals to prevent or limit the transmission of the disease. (11) “Return to field” means a program whereby community cats that have been admitted to an animal shelter are returned to the place they were found after being processed as an intake, sterilized, ear-tipped, and vaccinated against rabies. 77 Del. Laws, c. 418, §  2 ; 79 Del. Laws, c. 377, §  1 ; 81 Del. Laws, c. 450, § 2 ; 84 Del. Laws, c. 171, § 1 ; § 3001F License required [For application of this section, 85 Del. Laws, c. 483, § 9] [Effective Jan. 1, 2027]. (a) A person may not operate an animal shelter in this State without doing both of the following: (1) Obtaining a license from the Department. (2) Renewing the license annually. (b) (1) Each branch of an animal shelter must be separately licensed, even if the branches are operated by the same person. (2) Licenses are not transferable to another branch or person. (c) (1) An application for a license and license renewal must be submitted in the form and manner required by the Department. (2) The Department may charge an animal shelter a reasonable license fee and license renewal fee that may not exceed the costs to the Department of administering this subchapter. (d) An animal shelter must undergo an inspection before an initial license is issued to ensure that animal shelter’s ability to comply with this subchapter and applicable regulations. (e) (1) Subject to subsection (f) of this section, the Department shall renew a person’s license if that person complies with subsection (c) of this section by filing an application to renew the license and paying any required license renewal fee. (2) The Department has discretion to issue an animal shelter a provisional license when requirements for license renewal are not met under subsection (f) of this section if the required license renewal fee has been paid. (f) The Department may refuse to issue or renew, or may suspend or revoke a license, if the person does any of the following: (1) In any jurisdiction that requires licensure, operates an animal shelter without a license or under a revoked or suspended license. (2) Fails to meet the requirements of this subchapter or any applicable regulation. (3) Knowingly, or with reason to know, makes a false statement of a material fact in, or falsifies, any of the following: a. An application for a license or a license renewal. b. Any data or document submitted to the Department. c. Records required to be kept under this subchapter or under applicable regulation. (4) Refuses to allow representatives or agents of the Department to inspect any of the following: a. All or any portion of the animal shelter. b. Any documents, records, or files required to be maintained by the animal shelter. (5) Does not correct a previously identified violation. (6) Has unpaid fees or fines. (7) Has a history of noncompliance with animal welfare laws or applicable regulations. (g) Failure to comply with subsection (a) of this section may result in the imposition by the Department of a civil penalty not to exceed $1,000 per violation. Each day that the animal shelter continues to operate an animal shelter without a license is another violation. The Department may issue a warning for the first violation. (h) A person must be given notice and the opportunity to be heard in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 before the Department may do either of the following: (1) Revoke, suspend, or deny a license or license renewal. (2) Issue a civil penalty under subsection (g) of this section. 85 Del. Laws, c. 483, § 2 ; § 3002F Shelter care and treatment. (a) Animal shelters shall be advised by a licensed veterinarian and shall adhere to a written veterinary care protocol developed with a licensed veterinarian, which protocol shall include appropriate evaluation and testing of newly impounded animals, disease control and prevention, and adequate veterinary care. In addition, animal shelters shall have a protocol for behavioral enrichment. The protocols shall be updated annually. (b) Animal shelters shall vaccinate all dogs against canine distemper virus, canine parvovirus, and bordetella bronchiseptica and all cats against feline viral rhinotracheitis, calicivirus, and the panleukopenia virus before or upon entering the shelter or holding facility to reduce the spread of disease. Such vaccinations must be administered as soon as possible and no more than 8 hours after entering the shelter. For animals admitted overnight, such vaccines shall be given no later than noon. This provision shall not apply to animals in quarantine for rabies observation or to animals having injuries, illness or temperament that make administration of the vaccinations unsafe. (c) Each animal entering an animal shelter shall be evaluated at intake to check for signs of infectious disease or an injury or illness requiring emergency medical care. A full examination shall be performed within 48 hours of entry and prior to adoption. (d) Animal shelters shall ensure that animals requiring veterinary care are seen by a licensed veterinarian within a reasonable amount of time based on the condition of the animal, and that urgent medical care is provided as needed. Animal shelters shall comply with treatment plans developed by a licensed veterinarian for animals at the shelter requiring treatment. Animals in the shelter’s custody for 1 year or more must receive a veterinary exam every 12 months. (e) Animal shelters shall include a designated treatment area and isolation and/or quarantine areas. Animals having a severe communicable disease shall be moved to isolation to limit exposure to other animals and people. Animals that have been directly exposed to, but are not showing signs of, a high risk communicable disease shall be quarantined to monitor for signs of illness and prevent spread of disease. (f) Prior to adoption or return to field, all dogs and cats of required age must be vaccinated against rabies or have a valid exemption from vaccination, pursuant to § 8204 of Title 3. Dogs and cats in quarantine for rabies or on dangerous-dog hold shall be administered rabies vaccine prior to release from shelter, unless proof of current rabies vaccine is provided. (g) Feeding. — (1) Animals must be fed at least once each day except as otherwise required to provide adequate veterinary care. The food must be free from contamination and must be wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for species, condition, age, and size of the animal. (2) Fresh, clean water must be accessible at all times, unless directed by a veterinarian. (3) Food and water bowls must be durable and shall be kept clean and sanitized. (4) Food preparation and storage areas must be easily sanitized and maintained in clean condition. (5) Supplies of food must be stored in a manner that protects the supplies from spoilage, contamination, and vermin infestation. All open bags of food must be stored in airtight containers with lids. Foods requiring refrigeration must be stored accordingly. 65 Del. Laws, c. 136, §  1 ; 77 Del. Laws, c. 418, §  2 ; 79 Del. Laws, c. 377, §  1 ; 84 Del. Laws, c. 171, § 1 ; § 3003F Animal adoption, recovery, and rehabilitation [Effective until Jan. 1, 2027]. (a) Animal shelters shall be open to the public after normal business hours, including evenings and weekends, to increase access for the purpose of adoption. (b) Animal shelters shall provide a minimum holding period of 3 business days for animals in their care, to allow reclamation by their owners. If an adoptable animal is not reclaimed, the animal may be transferred to another animal shelter or rescue for adoption, or adopted as a companion in a suitable home. The holding period required by this subsection shall not apply to owner-surrendered animals, other cases in which the owner of the animal is known, or to cats that are returned to field as part of a free-roaming cat program. (c) Animal recovery. — (1) Animal shelters shall take appropriate action to ensure that all animals brought to the shelter are checked for all currently acceptable methods of identification, including microchips, identification tags, tattoos, and licenses. (2) Animal shelters shall maintain updated lists of animals reported lost, and attempt to match these lost reports with animals reported found and animals in the shelter, and shall also post all stray animals on the Internet with sufficient detail to allow them to be recognized and claimed by their owners. (3) If a possible owner is identified, the animal shelter shall make every reasonable attempt to reunite the animal with its owner. Upon the owner’s or caretaker’s initiative of recovery procedures, the animal shelter shall retain custody of the animal for 5 business days to allow for completion of the recovery process. The owner or custodian of the animal may be held responsible for reasonable housing and boarding costs once the owner or custodian has been notified of the animal’s location, provided that the owner or custodian has been advised of such costs prior to the costs being incurred. (4) All animals adopted out must be microchipped. (d) Animal shelters shall establish and maintain a registry of organizations willing to accept animals for the purpose of adoption, including breed specific rescues, or to provide the animals with long-term placements. The registry shall include the types and breeds of animals about which the organization wishes to be contacted. Animal shelters shall have the right to inspect the facilities of any adoption organization taking animals from the shelter. (e) Animal shelters shall make best efforts to prioritize acceptance of animals from within the State of Delaware before accepting dog or cat intakes from outside of Delaware. Animals accepted from shelters outside the State of Delaware must have a current health certification. (f) Prior to an adoption, an animal shelter shall consult the animal abuse offender list as established by § 4131 of Title 11 to determine if the individual seeking ownership of an animal is on the animal abuse offender list. (1) Animal shelters may not approve an animal adoption to an individual on the animal abuse offender list. (2) A pet store that allows for an animal shelter to use the store’s premises for the purpose of making animals available for adoption are exempt from requirements of this subsection provided that the pet store does not have an ownership interest in any of the animals that are made available for adoption. 77 Del. Laws, c. 418, §  2 ; 79 Del. Laws, c. 377, §  1 ; 81 Del. Laws, c. 450, § 2 ; 84 Del. Laws, c. 171, § 1 ; 85 Del. Laws, c. 166, § 2 ; § 3003F Animal adoption, recovery, and rehabilitation [Effective Jan. 1, 2027]. (a) Animal shelters shall be open to the public after normal business hours, including evenings and weekends, to increase access for the purpose of adoption. (b) Animal shelters shall provide a minimum holding period of 3 business days for animals in their care, to allow reclamation by their owners. If an adoptable animal is not reclaimed, the animal may be transferred to another animal shelter or animal rescue organization for adoption, or adopted as a companion in a suitable home. The holding period required by this subsection does not apply to owner-surrendered animals, other cases in which the owner of the animal is known, or to cats that are returned to field as part of a free-roaming cat program. (c) Animal recovery. — (1) Animal shelters shall take appropriate action to ensure that all animals brought to the shelter are checked for all currently acceptable methods of identification, including microchips, identification tags, tattoos, and licenses. (2) Animal shelters shall maintain updated lists of animals reported lost, and attempt to match these lost reports with animals reported found and animals in the shelter, and shall also post all stray animals on the Internet with sufficient detail to allow them to be recognized and claimed by their owners. (3) If a possible owner is identified, the animal shelter shall make every reasonable attempt to reunite the animal with its owner. Upon the owner’s or caretaker’s initiative of recovery procedures, the animal shelter shall retain custody of the animal for 5 business days to allow for completion of the recovery process. The owner or custodian of the animal may be held responsible for reasonable housing and boarding costs once the owner or custodian has been notified of the animal’s location, provided that the owner or custodian has been advised of such costs prior to the costs being incurred. (4) All animals adopted out must be microchipped. (d) Animal shelters shall establish and maintain a registry of organizations willing to accept animals for the purpose of adoption, including breed-specific animal rescue organizations, or to provide the animals with long-term placements. The registry must include the types and breeds of animals about which the organization wishes to be contacted. Animal shelters have the right to inspect the facilities of any adoption organization taking animals from the shelter. (e) Animal shelters shall make best efforts to prioritize acceptance of animals from within the State of Delaware before accepting dog or cat intakes from outside of Delaware. Animals accepted from shelters outside the State of Delaware must have a current health certification. (f) Prior to an adoption, an animal shelter shall consult the animal abuse offender list as established by § 4131 of Title 11 to determine if the individual seeking ownership of an animal is on the animal abuse offender list. (1) Animal shelters may not approve an animal adoption to an individual on the animal abuse offender list. (2) A pet store that allows for an animal shelter to use the store’s premises for the purpose of making animals available for adoption are exempt from requirements of this subsection provided that the pet store does not have an ownership interest in any of the animals that are made available for adoption. 77 Del. Laws, c. 418, §  2 ; 79 Del. Laws, c. 377, §  1 ; 81 Del. Laws, c. 450, § 2 ; 84 Del. Laws, c. 171, § 1 ; 85 Del. Laws, c. 166, § 2 ; 85 Del. Laws, c. 483, § 3 ; § 3004F Euthanasia in animal shelters [Effective until Jan. 1, 2027]. (a) Any dog, cat or other animal held by or in the custody of an animal shelter and not adopted, transferred to another shelter or animal rescue group, placed into a free-roaming cat program, or reclaimed by the owner within 5 days may be euthanized, provided that no reasonable alternatives are available and the requirements of subsections (b) and (c) of this section are met. (b) Animal shelters shall ensure that the following conditions are met before an animal is euthanized: (1) The holding period for the animal required by this subchapter is expired; (2) There are no empty cages, kennels, or other living environments in the shelter that are suitable for the animal; (3) The animal cannot share a cage or kennel with appropriately-sized primary living space with another animal; (4) A foster home is not available; (5) Organizations on the registry developed pursuant to § 3003F(d) of this title are not willing to accept the animal; (6) A visibly healthy cat whose source of origin can be identified and it can be returned to the field; and (7) The animal care/control manager certifies that the above conditions are met and that such manager has no other reasonable alternative. (c) Notwithstanding any other provisions of this chapter to the contrary, an animal may be euthanized immediately if necessary to alleviate undue suffering or to protect shelter staff and/or other sheltered animals from an animal’s severe aggression or contagious deadly health condition. The determination of whether euthanasia is necessary pursuant to this subsection shall be made by a licensed veterinarian or, in cases of extreme emergency occurring after regular business hours in circumstances under which a licensed veterinarian is not available, by other appropriately trained staff. (d) Euthanasia method and procedure. — (1) The Department shall promulgate regulations regarding acceptable methods of euthanasia in animal shelters and regarding sanitation and ventilation of euthanasia areas. The methods included shall be approved or conditionally approved by the most recent American Veterinary Medical Association Guidelines on Euthanasia. (2) Under no circumstances shall carbon monoxide or carbon dioxide be used as a method of euthanasia. (3) Any animal shelter performing euthanasia shall have a current policy and procedure manual regarding euthanasia. The policy and procedure manual shall set forth the shelter’s equipment, process, and the procedures for individual separation of animals. (4) Notwithstanding the provisions of Chapter 33 of Title 24, euthanasia must be performed by: a. A licensed veterinarian; b. A nationally certified euthanasia technician; or c. A licensed veterinary technician; or d. A person certified by a licensed veterinarian, after passing both a written and practical examination, as proficient to perform euthanasia. Training and certification requirements shall be established by Department regulation in consultation with the Delaware Board of Veterinary Medicine. (5) If euthanasia is by injection, animals in an animal shelter that are amenable to being controlled shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support. (6) The trained staff member performing the euthanasia in animal shelters shall remain in attendance between the time procedures to euthanize the animal are commenced and the time death occurs, and shall verify death has occurred using methods to be determined by regulation. (7) Sodium pentobarbital may be obtained by an animal shelter with required federal and state permits. 65 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 77 Del. Laws, c. 418, §  3 ; 79 Del. Laws, c. 377, §  1 ; 81 Del. Laws, c. 450, § 2 ; § 3004F Euthanasia in animal shelters [Effective Jan. 1, 2027]. (a) Any dog, cat, or other animal held by or in the custody of an animal shelter and not adopted, transferred to another shelter or animal rescue organization, placed into a free-roaming cat program, or reclaimed by the owner within 5 days may be euthanized, provided that no reasonable alternatives are available and the requirements of subsections (b) and (c) of this section are met. (b) Animal shelters shall ensure that the following conditions are met before an animal is euthanized: (1) The holding period for the animal required by this subchapter is expired; (2) There are no empty cages, kennels, or other living environments in the shelter that are suitable for the animal; (3) The animal cannot share a cage or kennel with appropriately-sized primary living space with another animal; (4) A foster home is not available; (5) Organizations on the registry developed pursuant to § 3003F(d) of this title are not willing to accept the animal; (6) A visibly healthy cat whose source of origin can be identified and it can be returned to the field; and (7) The animal care/control manager certifies that the above conditions are met and that such manager has no other reasonable alternative. (c) Notwithstanding any other provisions of this chapter to the contrary, an animal may be euthanized immediately if necessary to alleviate undue suffering or to protect shelter staff and/or other sheltered animals from an animal’s severe aggression or contagious deadly health condition. The determination of whether euthanasia is necessary pursuant to this subsection shall be made by a licensed veterinarian or, in cases of extreme emergency occurring after regular business hours in circumstances under which a licensed veterinarian is not available, by other appropriately trained staff. (d) Euthanasia method and procedure. — (1) The Department shall promulgate regulations regarding acceptable methods of euthanasia in animal shelters and regarding sanitation and ventilation of euthanasia areas. The methods included shall be approved or conditionally approved by the most recent American Veterinary Medical Association Guidelines on Euthanasia. (2) Under no circumstances shall carbon monoxide or carbon dioxide be used as a method of euthanasia. (3) Any animal shelter performing euthanasia shall have a current policy and procedure manual regarding euthanasia. The policy and procedure manual shall set forth the shelter’s equipment, process, and the procedures for individual separation of animals. (4) Notwithstanding the provisions of Chapter 33 of Title 24, euthanasia must be performed by: a. A licensed veterinarian; b. A nationally certified euthanasia technician; or c. A licensed veterinary technician; or d. A person certified by a licensed veterinarian, after passing both a written and practical examination, as proficient to perform euthanasia. Training and certification requirements shall be established by Department regulation in consultation with the Delaware Board of Veterinary Medicine. (5) If euthanasia is by injection, animals in an animal shelter that are amenable to being controlled shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support. (6) The trained staff member performing the euthanasia in animal shelters shall remain in attendance between the time procedures to euthanize the animal are commenced and the time death occurs, and shall verify death has occurred using methods to be determined by regulation. (7) Sodium pentobarbital may be obtained by an animal shelter with required federal and state permits. 65 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 77 Del. Laws, c. 418, §  3 ; 79 Del. Laws, c. 377, §  1 ; 81 Del. Laws, c. 450, § 2 ; 85 Del. Laws, c. 483, § 4 ; § 3005F Proper facilities required. Any municipality that does not have proper facilities and trained personnel shall transport in a humane manner any animals which are to be euthanized to the nearest private or public shelter or agency which has proper facilities and trained personnel or contract for euthanasia of such animals by a licensed veterinarian. 65 Del. Laws, c. 136, §  1 ; 77 Del. Laws, c. 418, §  3 ; 79 Del. Laws, c. 377, §  1 ; § 3006F Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court. (a) Failure by any person employed by, volunteering at or an agent of any private or public animal shelter to comply with § 3004F(d) of this title regarding euthanizing animals shall constitute a class A misdemeanor and shall be punishable as provided by law. (b) Any person may maintain a civil action to enjoin the continuance of the violation of § 3004F(d) of this title. If the acts sought to be enjoined are determined by the courts to violate § 3004F(d) of this title, a permanent injunction against such acts shall be granted. The violation may also be abated by any public body or officer authorized to do so by law. (c) The Superior Court shall have exclusive jurisdiction of misdemeanor offenses under this section. 65 Del. Laws, c. 136, §  1 ; 77 Del. Laws, c. 418, §§  3-6 ; 79 Del. Laws, c. 377, §  1 ; § 3007F Record keeping and reporting. Animal shelters shall maintain records regarding the following information: (1) Intake and outcomes data by type for all animals. (2) Number of animals at beginning and end of period. (3) Number of spay/neuter surgeries performed for shelter and public animals. (4) Records showing compliance with vaccination requirements. (5) Records regarding medical treatment provided. (6) Location and date of return for cats returned to field as part of a free-roaming cat program. The information in paragraphs (1) through (3) of this section shall be posted to the shelter’s website on a quarterly and annual basis in a format determined by the Department. The information in paragraphs (4) through (6) of this section shall be made available upon request by the Department. 77 Del. Laws, c. 418, §  7 ; 79 Del. Laws, c. 377, §  1 ; 81 Del. Laws, c. 450, § 2 ; 84 Del. Laws, c. 171, § 1 ; § 3008F Enforcement. (a) The Department shall adopt rules and regulations as may be necessary for the protection and care of companion animals in animal shelters, as defined in this subchapter. (b) The Department will conduct at least annual inspection of every animal shelter. (c) The Department or its duly authorized representative or representatives shall have the power to enter at all reasonable times, during ordinary business hours, upon any private or public animal shelter for the purpose of determining whether or not there is compliance with or violations of this subchapter, rules, and regulations thereunder. (d) Upon request of the Department, animal shelters shall make available records concerning the requirements of this subchapter. (e) All findings will be documented in writing and a copy provided to the animal shelter within 30 days. Once provided to the animal shelter, the documentation will also be posted on the Department web site. Deficiencies must be corrected within the timeframe established by the Department. (f) The Department shall have the power to issue orders to correct deficiencies and to impose penalties pursuant to § 107(a) of this title. (g) The animal shelter management has the right to appeal the results of the inspection. If the opinion of the animal shelter management is in conflict with the inspection, the animal shelter management may request a review of the inspection by the Department. The appeal will be made in writing and submitted within 30 days after publication of the findings. After receipt of the appeal, the Department will have 60 days to respond in writing. (h) The Department shall conduct an investigation upon receipt of a complaint of alleged violations of this subchapter. (1) Anyone desiring to file a complaint against any animal shelter shall file a written complaint with the Department. All complaints shall be reviewed and complaints concerning violations of this chapter will be investigated by the Department or its designee. The Department shall notify the animal shelter of the complaint within 30 days of receipt of said complaint. The Department shall be responsible for issuing a final written report of violations of this subchapter to the animal shelter. Once the final report is issued to the animal shelter, the report will also be posted to the Department website at the conclusion of the proceedings. (2) The animal shelter management may, in writing to the Department, request a hearing if they wish to contest the findings of the investigation. The appeal will be made in writing and submitted within 30 days after publication of the findings. Within 30 days of receipt of the request for public hearing, the Department shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, and the Freedom of Information Act, Chapter 100 of Title 29. 79 Del. Laws, c. 377, §  1 ; § 3009F Facilities; primary enclosures; sanitation and disease control. (a) Facilities. — (1) Surfaces used in all animal areas must be constructed and maintained so that they are substantially impervious to moisture and may be easily sanitized. (2) Indoor housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from temperature and humidity extremes, and to provide for their health and well-being. The ambient temperature in all areas where animals are present may not fall below 60° (15.6° C) or above 80° F (26.7° C) when animals are present. (3) Indoor housing facilities must have ample lighting by natural or artificial means. Lighting in indoor housing facilities must be sufficient to allow observation of the physical condition of the animals, and to permit routine inspection and cleaning of the facility. Animals housed in these facilities must be provided a regular diurnal lighting cycle of either natural or artificial light. Primary enclosures must be placed to protect animals from excessive light or darkness. (4) A suitable method must be provided for adequate drainage and to eliminate standing or excess water from indoor housing facilities. (5) Provisions must be made for the daily removal and disposal of animal and food waste, bedding, and debris from the housing facility. (6) Indoor housing facilities must be sufficiently ventilated to provide for the health and well-being of animals, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation may be provided by windows, vents, fans, or air conditioning. (7) Premises where housing facilities are located, including building and grounds, must be kept clean, free of trash, and in good repair. (b) Primary Enclosures. — (1) Housing must be provided for all animals in the shelter’s custody, appropriate to the species, size, and number of animals, to ensure their comfort, health, and well-being. (2) Primary animal enclosures must be structurally sound and maintained in a safe working condition to properly confine animals, prevent injury, keep other animals out and enable animals to remain dry and clean. Enclosures must have no sharp edges, gaps or other defects that could cause injury or entrapment. (3) A primary enclosure must provide sufficient space to allow each animal to: a. Turn about freely and easily stand, sit, stretch, and move their head without touching the top of the enclosure. b. Lie in a resting position with limbs extended. c. Move about and assume a comfortable posture for feeding, drinking, urinating, or defecating. d. Sit, sleep, and eat away from areas where they defecate and urinate. (4) The interior height of a primary enclosure must be at least 6 inches higher than the head of the animal in the enclosure when it is in a normal standing position. (5) Dogs and cats may not be sheltered in a primary enclosure having only wire mesh bottoms or slatted floors in caging. (6) Crates or travel kennels may be used as animal housing on a temporary or emergency basis only, and not as permanent primary enclosures. (7) Cages may not be stacked upon each other in a manner that allows excrement to fall into cages below. (8) Animals may not be tethered. (9) At night, all dogs and cats must have access to clean, dry, bedding or a bed off the floor unless unsafe to do so. (10) Identification cards must be visible outside enclosures and include name, ID, species, and color/description. (11) Additional requirements for cats: a. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes; b. Cats must be provided places to hide; and c. Cats that are housed long term must have access to environments where they can scratch, climb and perch. (c) Sanitation and disease control. — (1) The shelter building, primary enclosures, and all other areas where animals are kept must be sanitary and regularly cleaned to reduce disease transmission among animals, protect public and human health, and increase animal comfort. (2) Excreta must be removed as often as necessary to prevent contamination of animals and to control disease and odors. (3) All primary enclosures, food bowls, and water bowls must be spot cleaned daily and fully cleaned and sanitized as necessary. (4) All floors, junctions, walls, doors, and drains must be fully cleaned and sanitized after coming into contact with feces, urine, vomit, or an animal known or suspected of having an infectious disease. (5) Only cleaners that are safe for animals may be used to clean primary enclosures, transport carriers, exercise areas, or any area of the shelter where animals are present or likely to be present. (6) Animals must be removed from an enclosure when water or cleaning and disinfecting products are sprayed in or near that enclosure to ensure the animal will not be harmed, wetted, or distressed by the process. (7) The shelter building and animal areas must be kept reasonably free of flies, fleas, mosquitoes, rats, mice, and other vectors or nuisance species. If necessary, an effective pest control program must be established and maintained. 84 Del. Laws, c. 171, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 3010F Short title. This subchapter shall be known and may be cited as the “Animal Population Control Program.” 75 Del. Laws, c. 326, §  1 ; 79 Del. Laws, c. 377, §  2 ; 84 Del. Laws, c. 477, § 1 ; § 3011F Findings [Repealed]. 75 Del. Laws, c. 326, §  1 ; 79 Del. Laws, c. 377, §  2 ; repealed by 84 Del. Laws, c. 477, § 1, effective Oct. 9, 2024. ; § 3012F Purpose. The purpose of the Animal Population Control Program is to decrease the number of stray and unwanted cats and dogs. The Program’s goals include a reduction in the following: (1) Population growth among stray and unwanted cats and dogs. (2) Stray and unwanted cats and dogs entering animal shelters. (3) Cat and dog euthanasia rates. (4) Animal-inflicted injuries to humans (e.g., bites). (5) Threats to public health and safety (e.g., from rabies and vehicular accidents). 75 Del. Laws, c. 326, §  1 ; 79 Del. Laws, c. 377, §  2 ; 84 Del. Laws, c. 477, § 1 ; § 3013F Definitions [Effective until Jan. 1, 2027]. As used in this subchapter: (1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals. (2) “Cat” means a member of the genus and species known as felis catus. (3) “Committee” means the Spay/Neuter Advisory Committee. (4) “Department” means the Department of Health and Social Services. (5) “Dog” means a member of the genus and species known as canis familiaris. (6) “Feral cat” means a cat that is either of the following: a. Born in the wild or the offspring of an owned or feral cat and which may not be socialized. b. A formerly owned cat that has been abandoned and is no longer socialized. (7) “Free-roaming-cat caretaker” means a person who provides shelter, medical care, or food to 1 or more feral or free-roaming cats lacking discernible owner identification and works to reduce colony numbers by working to spay and neuter the animals within their specific colony or colonies. Free-roaming-cat caretakers are not owners. (8) “Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care. Intake includes all animals admitted to the shelter, foster care, or a satellite location. (9) “Owner” means any person, firm, partnership, association, or corporation owning, keeping, or harboring a cat, dog or other animal. (10) “Program” means the Animal Population Control Program established by and set forth in this subchapter for cats and dogs. (11) “Spay/neuter” means to sterilize a female animal by removing the ovaries or to castrate a male animal by removing the testicles or by FDA-approved pharmaceutical sterilization. 75 Del. Laws, c. 326, §  1 ; 76 Del. Laws, c. 284, §  1 ; 79 Del. Laws, c. 377, §  2 ; 81 Del. Laws, c. 450, § 2 ; 84 Del. Laws, c. 477, § 1 ; § 3013F Definitions [Effective Jan. 1, 2027]. As used in this subchapter: (1) “Animal shelter” means as defined in § 3000F of this title. (2) “Cat” means a member of the genus and species known as felis catus. (3) “Committee” means the Spay/Neuter Advisory Committee. (4) “Department” means the Department of Health and Social Services. (5) “Dog” means a member of the genus and species known as canis familiaris. (6) “Feral cat” means a cat that is either of the following: a. Born in the wild or the offspring of an owned or feral cat and which may not be socialized. b. A formerly owned cat that has been abandoned and is no longer socialized. (7) “Free-roaming-cat caretaker” means a person who provides shelter, medical care, or food to 1 or more feral or free-roaming cats lacking discernible owner identification and works to reduce colony numbers by working to spay and neuter the animals within their specific colony or colonies. Free-roaming-cat caretakers are not owners. (8) “Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care. Intake includes all animals admitted to the shelter, foster care, or a satellite location. (9) “Owner” means any person, firm, partnership, association, or corporation owning, keeping, or harboring a cat, dog or other animal. (10) “Program” means the Animal Population Control Program established by and set forth in this subchapter for cats and dogs. (11) “Spay/neuter” means to sterilize a female animal by removing the ovaries or to castrate a male animal by removing the testicles or by FDA-approved pharmaceutical sterilization. 75 Del. Laws, c. 326, §  1 ; 76 Del. Laws, c. 284, §  1 ; 79 Del. Laws, c. 377, §  2 ; 81 Del. Laws, c. 450, § 2 ; 84 Del. Laws, c. 477, § 1 ; 85 Del. Laws, c. 483, § 5 ; § 3014F Funding. (a) A Spay/Neuter Fund is established for the purpose of funding the Program. (b) All moneys received by the Department in accordance with the authority provided by this subchapter shall be deposited into a separate, nonlapsing account and shall be dedicated for use by the Department for veterinarian reimbursement and administration costs associated with the Program and other expenses that achieve the purpose of the Program. (c) All interest earnings shall be credited to the assets of the Fund and shall become part of the Fund. (d) Any balance remaining in the Fund at the end of any fiscal year shall be carried forward for the next fiscal year for this Program. (e) The Fund shall be created from a combination of the following: (1) Annual registration fees on pet food distributed to the Fund under § 1706 of Title 3. (2) A $3.00 surcharge shall be added to each rabies inoculation administered to cats and dogs in Delaware. This surcharge does not apply to stray, abandoned, abused, or owner-surrendered animals admitted for intake to an animal shelter for temporary shelter and care. It is the responsibility of the veterinarian administering the inoculation to collect the surcharge and forward same on a monthly basis, together with all applicable rabies inoculation verifications and other forms to the Department. (3) Proceeds from the animal welfare license plate fees distributed to the Fund under § 2139F of Title 21. (4) Any other money from any other source accepted for the benefit of the Fund. (f) All revenue shall be deposited in the Fund’s account and shall become part of the Fund’s corpus. (1)-(4) [Repealed.] 75 Del. Laws, c. 326, §  1 ; 79 Del. Laws, c. 377, §  2 ; 84 Del. Laws, c. 477, § 1 ; § 3015F Eligibility; division of Spay/Neuter Fund proceeds. The proceeds of the Spay/Neuter Fund outlined in this subchapter shall be available to those parties qualifying for participation under the following eligibility requisites: (1) An individual may qualify to participate in the program if the individual meets all of the following: a. Is 18 years of age or older. b. Is a resident of the State. c. Establishes proof of being a recipient of benefits from 1 of the following programs: 1. Food Stamps. 2. General Assistance. 3. Delaware Medical Assistance. 4. Social Security Disability (SSD), including an individual who was receiving Social Security Disability benefits at the time the individual reached full retirement age but whose benefits have since been converted to regular retirement benefits by the Social Security Administration. 5. SSI (Supplemental Security Income). 6. Temporary Assistance for Needy Families (TANF). 7. WIC (Special Supplemental Nutrition Program for Women, Infants, and Children). 8. Veteran’s Administration Disability Compensation (only if veteran has a disability rating of 50% or higher). d. Is the owner or free-roaming-cat caretaker of a Delaware cat or Delaware dog being spayed or neutered at a participating veterinarian or clinic. (2) A nonprofit organization may apply for competitive grants from the Program if it meets all of the following: a. Is registered and in good standing as a Delaware corporation with the Delaware Secretary of State, Division of Corporations. b. States in its corporate purpose clause or in its mission statement that its activities are devoted to animal rescue, animal welfare, or the humane treatment of animals. c. Applies these funds to animals who have their origin in Delaware. d. Is exempt from federal taxation in accordance with Internal Revenue Code § 501(c)(3) [26 U.S.C. § 501(c)(3)]. (3) The Department shall determine the Program’s fiscal allotment and numerical spay and neuter procedures according to available funds and in a way that best accomplishes the goals of the Program and reaches targeted pet populations. a.-e. [Repealed.] 75 Del. Laws, c. 326, §  1 ; 70 Del. Laws, c. 186, §  1 ; 76 Del. Laws, c. 284, §  2 ; 77 Del. Laws, c. 174, §§  1-5 ; 79 Del. Laws, c. 377, §  2 ; 81 Del. Laws, c. 224, § 1 ; 81 Del. Laws, c. 450, § 2 ; 84 Del. Laws, c. 477, § 1 ; § 3016F Preadoption spay/neuter mandate. (a) Except as provided in subsection (b) of this section, cats and dogs must be spayed or neutered and inoculated for rabies, or have a valid exemption from vaccination under § 8204 of Title 3, prior to adoption from any of the following: (1) A private animal welfare or rescue agency, group, or organization. (2) Any adoption clinic endorsed, operated, managed, or sponsored by an animal welfare or rescue agency, organizations, commercial enterprises or private parties or combination thereof. (3) An animal shelter as defined herein. (b) Following a medical examination, if a veterinarian determines that an animal cannot safely or humanely undergo a spay/neuter procedure, the animal shall be exempt from the spay/neuter requirement. (1), (2) [Repealed.] 75 Del. Laws, c. 326, §  1 ; 79 Del. Laws, c. 377, §  2 ; 81 Del. Laws, c. 224, § 2 ; 84 Del. Laws, c. 477, § 1 ; § 3017F Enforcement, violations and penalties. (a) The Department shall adopt regulations pursuant to this subchapter relative to: (1) Format and content of all forms required under this subchapter. (2) Proof of eligibility under § 3015F of this title. (3) Administration of the Fund. (4) Any other matter necessary for the administration or enforcement of the Program and Spay Neuter Fund established under this subchapter. (b) Any person or organization that knowingly falsifies proof of eligibility for, or participation in, any program established under this chapter, or who knowingly furnishes any licensed veterinarian with inaccurate information concerning ownership of a pet submitted for sterilization, or who falsifies an animal sterilization certificate shall be subject to a minimum mandatory fine, of $250. The Department may deny future participation in the program to an individual or organization that violates this subsection. (c) [Repealed.] (d) Agency failure to spay/neuter an animal of reproductive age: (1) Any agency, organization, or other entity cited under § 3016F of this title for failing to comply with the mandatory pre-adoption spay/neuter and rabies inoculation program set forth in this subchapter is subject to a mandatory minimum fine of $500, for each violation of this subchapter. (2) An agency’s holding of animals of reproductive age until such time as said animals are the subject of an adoption application does not constitute a violation of this subchapter. (e) All fines collected in association with this subchapter shall be deposited in the Spay/Neuter Fund. 75 Del. Laws, c. 326, §  1 ; 76 Del. Laws, c. 284, §§  3, 4 ; 79 Del. Laws, c. 377, §  2 ; 81 Del. Laws, c. 224, § 3 ; 84 Del. Laws, c. 477, § 1 ; § 3018F Program administration. (a) The Department shall administer the Program and is responsible for all of the following: (1) Determining eligibility of individuals and nonprofit organizations. (2) Management of nonprofit grants and reporting. (3) Directing the collection of revenue. (4) Enrolling veterinary provider participants. (5) Processing payments for veterinary reimbursement and other expenses. (6) Utilization of the Spay/Neuter Fund to meet Program goals. (7) All other matters necessary for administration and enforcement of the Program. (b) All reimbursement shall be through the Department. (c) The cost of administering the Program may be reimbursed from the Spay/Neuter Fund. 75 Del. Laws, c. 326, §  1 ; 76 Del. Laws, c. 284, §  5 ; 79 Del. Laws, c. 377, §  2 ; 81 Del. Laws, c. 224, § 4 ; 81 Del. Laws, c. 450, § 2 ; 83 Del. Laws, c. 177, § 2 ; 84 Del. Laws, c. 477, § 1 ; § 3019F Veterinarian participation. (a) Any veterinarian licensed in the State of Delaware may participate in the Program established under this chapter. To participate, a veterinarian must file an application provided by the Department agreeing to all preset fees and program conditions. Preset fees shall be set by the Department, and shall be subject to revision as necessary. (b) The Department shall reimburse the veterinarians for services on a monthly basis. The preset fee shall cover the cost of a presurgical medical evaluation, spay/neuter surgery, rabies vaccination, and routine postsurgical care required by the servicing veterinarian’s postoperative protocol. The owner/caretaker shall be responsible for the payment of any additional fees for procedures mutually agreed upon and administered by the veterinarian that are not covered under this Program. (c) To receive reimbursement, the participating veterinarian shall provide documentation or other verification for procedures performed to the Department. (d)-(f) [Repealed.] 75 Del. Laws, c. 326, §  1 ; 76 Del. Laws, c. 284, §  6 ; 79 Del. Laws, c. 377, §  2 ; 81 Del. Laws, c. 224, § 5 ; 81 Del. Laws, c. 450, § 2 ; 84 Del. Laws, c. 477, § 1 ; § 3020F Veterinarian services tax credit. Repealed by 76 Del. Laws, c. 284, § 10, effective Dec. 31, 2008. § 3020F Veterinarian services tax credit [Repealed]. Repealed by 76 Del. Laws, c. 284, § 10, effective Dec. 31, 2008. § 3021F Performance measurement. Performance measurement is necessary to determine the success of the Program and to assess if any changes in the Program should be made. (1) To measure the performance of this Program, the Department shall establish a standardized statewide yearly reporting system for all of the following: a. The number of spay/neuter surgeries. b. The number of rabies inoculations performed pursuant to this subchapter. c. Cat and dog shelter intake statistics. d. Euthanasia statistics. e. Such other criteria as the Department shall find necessary for the purposes of performance review analysis. (2) The Spay/Neuter Advisory Committee shall consist of the following members or their respective designees: a. The Executive Director of the Office of Animal Welfare, who shall serve as Chair of the Committee. b. The Director of the Division of Public Health. c. The President of the Delaware Veterinary Medical Association. d. The Executive Director of each Delaware animal shelter. e. Three additional members appointed by the Chair, each of whom may serve up to 2 terms of 3 years per term. The additional appointed members must be a veterinarian, an animal welfare organization representative, or other animal welfare expert. f.-j. [Repealed.] (3) The Chair shall schedule Committee meetings as often as is necessary. (4) [Repealed.] 75 Del. Laws, c. 326, §  1 ; 76 Del. Laws, c. 284, §§  7-9 ; 79 Del. Laws, c. 377, §  2 ; 81 Del. Laws, c. 224, § 6 ; 84 Del. Laws, c. 477, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 3031F Powers, duties, and functions of animal welfare officers of the Department of Health and Social Services and the Department of Agriculture [Effective until Jan. 23, 2027]. (a) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all animal cruelty laws in the State, except in cases of domestic agricultural animals specified in § 101(8) of Title 3, where the Department of Agriculture shall have primary enforcement authority. In cases of imminent danger, the Office of Animal Welfare and the Department of Agriculture shall have concurrent jurisdiction to seize and impound an animal and take any other necessary step to alleviate the imminent danger or preserve evidence. (b) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all dog control, dog barking laws, dangerous dog and animal fighting laws, and laws concerning the maintenance of a dangerous animal in the State. (c) The Office of Animal Welfare is a “law-enforcement agency” for purposes of § 8901B of Title 11 and any other purpose relating to communication and access to criminal justice information. (d) Animal welfare officers of the Office of Animal Welfare or Department of Agriculture shall be trained and certified pursuant to § 122(3)bb. of this title. (e) Animal welfare officers of the Office of Animal Welfare shall have the power to investigate, search, seize, detain and arrest when investigating and enforcing animal cruelty and fighting, dog control, dog barking, or dangerous animal laws. (f) The Department of Agriculture shall have the power to investigate, search, seize and issue criminal summons when investigating and enforcing animal cruelty laws. (g) Animal welfare officers of the Office of Animal Welfare and the Department of Agriculture shall have no police powers to investigate or enforce laws other than those related to animal cruelty or fighting, dog control, dog barking, or dangerous animal laws. (h) Animal welfare officers of the Office of Animal Welfare or the Department of Agriculture shall not be permitted to carry firearms while on duty as such. 80 Del. Laws, c. 200, §  2 ; 81 Del. Laws, c. 96, §  1 ; 84 Del. Laws, c. 486, § 2 ; § 3031F Powers, duties, and functions of animal welfare officers of the Department of Health and Social Services and the Department of Agriculture [Effective Jan. 23, 2027]. (a) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all animal cruelty laws in this State, except in cases of domestic agricultural animals specified in § 101(8) of Title 3, where the Department of Agriculture shall have primary enforcement authority. In cases of imminent danger, the Office of Animal Welfare and the Department of Agriculture shall have concurrent jurisdiction to seize and impound an animal and take any other necessary step to alleviate the imminent danger or preserve evidence. (b) The Office of Animal Welfare within the Department of Health and Social Services shall enf