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					DELAWARE The following is a select group of bills and regulations being tracked by the AVMA this session. The status of these bills and regulations is updated every two weeks. For the most current status of a bill, please refer to the Delaware General Assembly’s Website. For more information on these measures, please contact the AVMA’s State Legislative and Regulatory Affairs Department or the Delaware Veterinary Medical Association. This page was last updated on 09/11/2009. Department of Agriculture/ DE ADC 3 1000 1001 Horses These amended regulations allow the conditional use of shock wave therapy, extracorporeal shock wave therapy, or radial pulse wave therapy treatments on horses. Status: Final SB 178 Pharmacy Creates a new offense which makes it a crime to be in possession of a blank prescription form or pad if you are not a practitioner as defined in this bill. It also makes it a crime to take exercise control over, produce or reproduce transfer, use, give or sell a prescription form or pad of a practitioner with the intent to deprive him or her of it. Status: Adopted SB 192 Spay/Neuter Expands the beneficiaries of the Spay/Neuter Fund to include (1) those individuals who received Social Security disability compensation until they reached full retirement age, but for whom the Social Security Administration has since converted their benefits to regular social security, and (2) veterans receiving disability compensation whose disability ratings by the Veteran’s Administration are 50% or higher. Also eliminates the cap on spay or neuter procedures and, after the Program has been administering benefits for two years, it authorizes the Administrator to make ongoing evaluations of the Program’s viability and sustainability so as to recommend improvements to it more often than every two years if necessary. Status: Adopted HB 78 Pet Retail Makes it unlawful to sell or otherwise transfer a puppy until it is 8 weeks of age in order to allow for the mitigation of their natural tendencies. Status: Pending

HB 95 Pet Retail Imposes restrictions on the large-scale for-profit dog breeding operations commonly known as “puppy mills.” Defines “breeding dog” and provides that no person shall own, possess, control, or otherwise have charge of more than 25 breeding dogs at any time. In addition, it provides that breeding dogs shall be provided veterinary care without delay when necessary, and establishes guidelines for frequency of veterinary visits and age limits for breeding dogs. Also provides that ear cropping, tail docking, debarking, and surgical births are prohibited except under anesthesia and by a licensed veterinarian, and that animals requiring euthanasia shall be euthanized only by a licensed veterinarian. Status: Pending HB 278 Pet Retail Makes it unlawful for any person to willfully sell, trade, barter, display, or offer for sale, trade, or barter, as part of a commercial transaction, any live dog or cat on any street, highway, public right-of-way, commercial parking lot, public park, or at any swap meet, flea or farmers market, parking lot sale, carnival, or boardwalk. Sets forth certain exemptions and establishes penalties. Status: Pending HB 77 Pet Protection Order Clarifies existing law to provide that in a domestic order of protection, a court may order, among other relief, that a petitioner be given possession of a family pet. Status: Pending SB 107 Animal Cruelty Gives the Delaware or Kent County Society for the Prevention of Cruelty to Animals statewide jurisdiction to enforce animal cruelty laws. Status: Pending HB 2 Animal Fighting Increases the penalties for animal fighting, baiting, and attendance, from a class F felony to a class E felony. Increases the penalties for being present where an exhibition of fighting and/or baiting is being prepared while knowing that the exhibition is about to take place, from a class G felony to a class F felony. Status: Pending HB 293 Tethering Establishes a formula for calculating the proper enclosure size for housing a dog and clarifies when the space requirements and limitations do not apply. The bill further establishes more detailed requirements for persons who tether their dogs, including a prohibition on tethering of dogs under 4 months of age and a prohibition of tethering any dog between the hours of 11:00 p.m. and 6:00 a.m., unless it is only for a period of less than fifteen minutes. Status: Pending

Department of Agriculture/ DE ADC 3 500 501 Horse Racing These proposed changes amend existing harness racing regulations relating to the use of whips on race horses. The amendments regulate the length of whips and snappers, the areas on a horse where the whip may be used, and when and how frequently the whips may be used. It provides that whipping violations include: (1) whipping under the arch or shafts of the sulky, (2) whipping a horse after the race, (3) causing injury (visible or not) with a whip, (4) striking or jabbing a horse with the butt end of a whip, (5) whipping a horse that is out of contention, and (6) brutal, excessive, and or indiscriminate use of a whip. Status: Pending

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