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; 

75 Del. Laws, c. 326, §  1;  79 Del. Laws, c. 377, §  2;  repealed by 84 Del. Laws, c. 477, § 1, effective Oct. 9, 2024.; 

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; 

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; 

(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; 

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 r 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; 

(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; 

(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; 

(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; 

(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; 

Repealed by 84 Del. Laws, c. 477, § 1, effective Oct. 9, 2024.; 

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;