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Legislation Document
SPONSOR:
Sen. Pinkney
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE AMENDMENT NO. 1
TO
HOUSE BILL NO. 131
AMEND House Bill No. 131 by deleting lines 33 through 35 in their entirety and inserting in lieu thereof the following:
“
§ 4002A. Retail pet stores; brokers; prohibitions.
(a) Except as provided under subsection (c) of this section, a retail pet store may not sell,
lease, offer to sell, offer to lease, barter, auction, transfer ownership of, or dispose
of any cats or dogs.
”.
FURTHER AMEND House Bill No. 131 on line 39 by deleting “
provided
” and inserting in lieu thereof “
showcased
”.
FURTHER AMEND House Bill No. 131 on line 41 by deleting “
sale
” and inserting in lieu thereof “
adoption
”.
FURTHER AMEND House Bill No. 131 by inserting the following after line 42 and before line 43:
“
(c) Subsection (a) of this section does not apply to a retail pet store if the retail pet store sold, leased, offered for sale, offered for lease, bartered, auctioned, transferred ownership of, or disposed of dogs for at least 1 year before [the effective date of this Act] and meets all of the following:
(1) Has maintained a retail dog outlet license for at least 1 year before [the effective date of this Act].
(2) Maintains the same ownership as on [the effective date of this Act].
(3) On and after [the effective date of this Act], ensures that a breeder from which the retail pet store obtains a dog meets all of the following, even if the dog was obtained indirectly through a broker:
a. Hold a Class A United States Department of Agriculture license.
b. Has not received a direct or critical violation or 3 or more indirect nonadministrative violations from the United States Department of Agriculture within 3 years before the retail pet store obtains the dog.
(4) On and after [the effective date of this Act], ensures that a broker from which the retail pet store obtains a dog meets all of the following:
a. Hold a Class B United States Department of Agriculture license.
b. Has not received a direct or critical violation or 3 or more indirect nonadministrative violations from the United States Department of Agriculture within 3 years before the retail pet store obtains the dog.
(5) On and after [the effective date of this Act], the retail pet store discloses all of the following for each dog offered for sale by the retail pet store:
a. The United States Department of Agriculture license number of the breeder of that dog.
b. If applicable, the United States Department of Agriculture license number of the broker that facilitated the transfer of that dog from the breeder to the retail pet store.
(6) The retail pet store provides the disclosure required under paragraph (c)(5) of this section by doing all of the following:
a. Clearly and conspicuously displaying the disclosure on or near the dog’s enclosure.
b. Providing the disclosure to a consumer before the completion of the sale of the dog to the consumer.
(7) The retail pet store maintains records providing proof of paragraph (c)(3) of this section and, if applicable, paragraph (c)(4) of this section for each dog for at least 3 years after each purchase and provides the records to the Office of Animal Welfare on request during inspections under § 3043F of Title 16.
(8) After [the effective date of this Act] and on or before June 1 and December 1 of each year, the retail pet store sends to the Office of Animal Welfare a list of all the breeders and brokers the retail pet store obtained a dog from in the 6 months preceding June 1 and December 1.
a. The list must include the full name, address, and United States Department of Agriculture license number of each breeder and broker.
b. The breeder of each dog must be disclosed even if the dog was obtained indirectly through a broker.
c. The Office of Animal Welfare shall post on the Office’s website a list submitted under this paragraph (c)(8) within 14 calendar days of the submission of the list
.
”.
FURTHER AMEND House Bill No. 131 by deleting lines 44 through 45 in their entirety and inserting in lieu thereof the following:
“
(a)(1) A violation of this chapter is civil offense.
(2) A retail pet store that is found in violation of this chapter is to be assessed a civil penalty of $500 for each violation of this chapter.
(3) Each sale, lease, offer for sale, offer for lease, barter, auction, transfer of ownership, or disposition of a dog or cat in violation of § 4002A(a) of this title is a separate violation of this chapter.
(4) Each day a retail pet store operating under § 4002A(c) of this title is found responsible for operating in violation of § 4002A(c) of this title is a separate violation of this chapter
.
”.
FURTHER AMEND House Bill No. 131 by inserting the following after line 47 and before line 48:
“
(c) If a retail pet store operating under § 4002A(c) of this title is found responsible for operating in violation of § 4002A(c) of this title, the Secretary of the Department of Health and Social Services may suspend or revoke the authority for the retail pet store to operate under § 3042F of
Title 16.
”.
FURTHER AMEND House Bill No. 131 by deleting lines 91 through 97 in their entiret
y and inserting in lieu thereof the following:
“(9) “Retail dog outlet” means any premises where dogs are sold, or offered or maintained for sale, on a retail
basis.
basis that meets the requirements under § 4002A(c) of Title 6.
“Retail dog outlet” does not mean any of the following:
a. Dogs which are produced and raised on such premises and are sold, or offered or maintained for sale, by a person who resides on such premises.
b. The selling of a single litter of puppies or any part thereof during a calendar year.
c. Any publicly operated or private, charitable, or nonprofit animal shelter, pound, humane society, or animal rescue organization.”.
FURTHER AMEND House Bill No. 131 by deleting lines 98 through 149 in their entirety and inserting in lieu thereof the following:
“Section 6. Amend § 3042F, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3042F. Fees for dog licenses; terms.
(g) A retail pet store, as defined under § 4001A of Title 6, may not be granted a retail dog outlet or kennel license, and may not sell, lease, offer to sell, offer to lease, barter, auction, transfer ownership of, or dispose of any dogs if the retail pet store does not meet the requirements under § 4002A(c) of Title 6.
”.
FURTHER AMEND House Bill No. 131 by deleting lines 150 through 175 in their entirety.
SYNOPSIS
This Amendment does all of the following:
(1) Permits a retail pet store that has maintained a retail dog outlet license for at least 1 year before the effective date of this Act to continue to sell, lease, offer to sell, offer to lease, barter, auction, transfer ownership of, or dispose of any dogs if the retail pet store complies with certain requirements, including to provide the Office of Animal Welfare with a list of all the breeders and brokers the retail pet store obtained a dog from in the previous 6 months.
(2) Provides clarification regarding the civil penalties that are to be imposed for a violation of this Act.
(3) Authorizes the Secretary of the Department of Health and Social Services to suspend or revoke the authority for a retail pet store permitted to continue operating under § 4002A(c) of Title 6, as provided in this Act, to continue operating under § 4002A(c) of Title 6.
(4) Makes conforming changes to existing law.
(5) Makes technical corrections to ensure consistent use of terms in this Act.
Author: Senator Pinkney