SB 185 — AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO PET FOOD MANUFACTURING FEES.

Walsh DELAWARE& STATERep. SENATE 151st GENERAL ASSEMBLY SENATE AMENDMENT NO.

1K. TO SENATE BILL NO.

185Williams AMEND& SenateRep. Bill No.

185Bennett bySens. adding the following after line 56:

SectionEnnis, 2.Hansen, Lockman, Lopez, Mantzavinos, Pinkney, Sturgeon;

AmendReps. Chapter 30, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§Baumbach, 3018F.Bentz, Brady, Lynn, Morrison, Smyk DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE BILL NO.

Program185 Administration.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO PET FOOD MANUFACTURING FEES.

(c)WHEREAS, Thethere costis ofa thegrowing programpet managerpopulation positionin toDelaware, administerand theit Petis Populationestimated Controlthat Spay/Neuter Program shall be paid for out of General Funds until this Special Fund of $500,000, at whichleast time249,445 thehouseholds positionin andDelaware supporthave costsdogs shallor becats; paid for out of Appropriated Special Funds.

Theand costWHEREAS, ofthe administeringcurrent thestate Petspay/neuter Populationfund Controlcreated Spay/Neuterby Programthe mayrabies besurcharge reimbursedfunded fromspay/neuter thefor Fund.3,069 total animals in 2019.

SYNOPSISOf Becausethose, SB.1,397 were for low income pet owners, and 1,672 were by rescues/shelters;

185and willWHEREAS, substantially increase the sizeneed of the Spay/Neuter Fund, this Amendment removes the limitation of only providing for oneassistance position in the Office of Animal Welfare (“OAW”) for thelow-income Petpet Populationowners Controlexceeds Spay/Neuter Program (“Program”) and specifically allows for OAW to cover the costscurrent offunding administeringavailable the Program out of the Spay/Neuter Fund as appropriate to properlyspay/neuter managetheir thepets; Program.

and WHEREAS, due to insufficient resources for cats, cat overpopulation and abandonment continues to be the largest issues facing the animal welfare community.

The UCS Davis Shelter Medicine Program community calculator estimates that Delaware has a conservative estimate of over 163,830 free-roaming cats;

and WHEREAS, Good Samaritans, rescues, and shelters across our state use their time and limited funds to humanely trap, spay/neuter, vaccinate, and feed unowned free-roaming cats, and those individuals need help in stopping the cats’ breeding and in placing adoptable kittens and abandoned cats when possible;

and WHEREAS, it is in the state’s best interest to spay/neuter and vaccinate free-roaming cats and support shelters to reduce cat abandonment and, therefore, assist in the creation of an additional revenue stream to help cover the costs of spay/neuter in order to reduce the overpopulation of cats;

and WHEREAS, by reducing the numbers of unowned cats, other associated risks, such as impacts on wildlife, disease transmission, and community nuisance, are also reduced;

and WHEREAS, strong scientific evidence shows that spay/neuter programs, when implemented with sufficient intensity, are effective at reducing cat numbers over the long term;

and WHEREAS, a growing body of evidence indicates that trap-neuter-vaccinate-return is not only effective at reducing community cat numbers, but that such reductions are sustainable over extended periods;

and WHEREAS, the pet industry nationally is over a $90 billion industry, with pet food comprising $37 billion of the total;

and SD :

AVP :

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06/14/2021 02:49 PM WHEREAS, an increase in Delaware’s pet food registration fee phased in over 3 years can provide an additional revenue stream and have a tremendous impact on a state-wide problem with little to no impact on consumers.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1.

Amend Chapter 17 of Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 1703.

Definitions of words and terms.

When used in this chapter:

( ) “Pet” means dog or cat.

( ) “Pet food” means any commercial feed prepared and distributed by consumption for pets.

§ 1706.

Registration Fees.

(a) There shall be paid to the Department for For each commercial feed distributed in this State an annual registration fee must be paid to the Department as follows:

of $23 per brand;

(1) For all commercial feed other than pet food, as defined in § 1703 of this title, the registration fee is $23 per each product of each brand;

provided, however, that the customer-formula feeds are exempt if the registration fee is paid on the commercial feeds which they contain.

(2) Following the effective date of this statute, for each pet food the registration fee is $50 per each product of each brand in year 1, $75 for each product of each brand in year 2, and $100 per each product of each brand in each subsequent year.