AN ACT TO AMEND TITLES 6 AND 16 OF THE DELAWARE CODE RELATING TO PET STORES AND ANIMAL WELFARE.

The grandfather clause allowing retail pet stores that had been selling dogs for at least 1 year to continue operating (with conditions including USDA license verification for breeders and brokers, disclosure requirements, record-keeping, and semi-annual reporting to the Office of Animal Welfare) was removed. The final bill imposes a flat ban on all retail pet stores and brokers selling cats or dogs with no transition period.

A full definitions section was added covering 'animal rescue' (tax-exempt nonprofit, cannot obtain animals from breeders for compensation), 'animal shelter' (excludes foster care and private property shelters), 'breeder' (excludes single-litter sellers, shelters, and rescues), 'broker,' 'consumer,' and 'retail pet store' (includes flea markets and farmer's markets; excludes on-premises breeders, single-litter sellers, shelters, and rescues).

The Office of Animal Welfare within the Department of Health and Social Services is designated as the enforcing agency with power to investigate, search, seize, detain, and arrest. Officers must be trained and certified but may not carry firearms. The Department of Agriculture retains concurrent jurisdiction for imminent danger situations and primary authority over domestic agricultural animals.

All fines, penalties, and forfeitures collected under animal cruelty, fighting, dog control, barking, retail pet store, or dangerous animal laws are remitted to the enforcing agency rather than going to a general fund.

The collaboration provision now allows retail pet stores to offer space for shelters and rescues to 'showcase' animals for adoption (changed from 'provided'), with two conditions: no animal may have been purchased by the shelter/rescue, and the store owner must have no financial interest in the sale.

Retail pet stores may not be granted a dog or kennel license under Title 16. Dog licensing requirements were expanded to include retail dog outlet licenses (annual) and kennel licenses (for more than 4 dogs), with fines of $50-$500 for failure to obtain required licenses.

The Act takes effect 6 months after enactment into law, providing a transition period before the prohibition on pet store sales becomes enforceable.