Delaware General Assembly


CHAPTER 272

FORMERLY

SENATE BILL NO. 101

AS AMENDED BY

SENATE AMENDMENT NO. 2

AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO RETIRED RESEARCH ANIMALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 30F, Title 16 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

Subchapter VI. Research Animal Retirement Act.

§ 3090F. Purpose.

The purpose of this subchapter is to ensure that healthy cats and dogs that are no longer needed for research, education, testing, or other scientific purposes are made available for adoption instead of euthanized and to create a process for adoption through agreements with local shelters or rescue groups.

§ 3091F. Definitions.

For purposes of this subchapter:

(1) “Animal rescue organization” means any nonprofit organization whose purpose is rescuing animals that are unwanted, abandoned, abused, or stray and finding permanent, adoptive homes for the animals.

(2) “Animal shelter” means as defined in § 3001F of this chapter.

(3) “Private placement” means an arrangement between the research facility and an individual seeking to adopt the retired animal.

(4) “Retired animal” means a cat or dog that has been previously used for research, education, testing, or other scientific purposes and is no longer required by the facility and has no substantial medical conditions or safety risks preventing successful integration into an adoptive home.

(5) “Research facility” means a facility that does both of the following:

a. Conducts experiments on dogs or cats for research, education, testing, or other scientific purposes.

b. Receives public money, including a higher education research facility; or a facility that provides research in collaboration with a higher education facility; or has tax-exempt status.

§ 3092F. Adoption of cats and dogs used in research, education, or testing.

(a) When a research facility that confines and uses dogs and cats for research, education, testing, or other scientific purposes no longer needs a cat or dog that does not pose a health or safety risk to the public, the research facility shall do one of the following:

(1) Offer the cat or dog to an animal rescue organization or animal shelter for adoption.

(2) Offer the cat or dog for adoption through a private placement.

(b) A research facility must enter into an agreement with an animal rescue organization or animal shelter for the implementation of this section.

Approved June 20, 2018