HB 263 — AN ACT TO AMEND TITLE 3 AND TITLE 16 OF THE DELAWARE CODE RELATING TO PET FOOD MANUFACTURING FEES.

Summary

This bill seeks to address overpopulation of cats and dogs in our state by creating an additional revenue stream for the State Spay/Neuter Program, to relieve some of the funding burden on animal welfare organizations in the state that are involved in reducing the free-roaming cat population, and provide more funding to meet the needs of low-income residents to spay/neuter their pets. First, it increases the fee only on manufactured cat and dog food over 3 years to $100 per each product per brand, which is in line with many other states. The existing $23 fee currently goes into the General Fund; this legislation will add $2 to the amount going to the General Fund. From the balance of the registration fee, funds are allotted to the Department of Agriculture to cover the cost of creating a program that adapts the registrations to distinguish between the types of feed and to cover the cost of maintaining that system. The remaining funds are distributed to the State Spay/Neuter Fund which provides for a statewide spay/neuter program for free-roaming animals and income-eligible pet owners and allows for qualified non-profit organizations to participate in the Program. The bill also removes the limitation on positions for the Spay/Neuter Program and allows Program to be funded from the Spay/Neuter Fund. This bill is identical in substance to Senate Bill No. 185, as amended by Senate Amendment No. 1, except that this bill provides that pet foods manufactured by non-profits will continue to pay a $23 fee and not be subject to the increase applicable to other pet foods.

Bill Text

• Bill Text View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill increases pet food registration fees to fund spay/neuter programs and modifies the allocation of those fees.

• 3 Del. C. § 1706

  an annual registration fee must be paid to the Department as follows: of $23 per brand; → For each commercial feed distributed in this State an annual registration fee must be paid to the Department as follows: of $23 per brand;

  Clarifies the phrasing regarding the annual registration fee structure.

• 3 Del. C. § 1706

  $23 per each product of each brand; → $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;

  Increases the pet food registration fee over three years, with a gradual rise to $100.

• 3 Del. C. § 1706

  provided, however that for a pet food manufactured by a non-profit the registration fee is $23 for each product of each brand. → provided, however that for a pet food manufactured by a non-profit the registration fee is $23 for each product of each brand.

  Maintains the existing fee for non-profit manufactured pet foods while increasing fees for others.

• 3 Del. C. § 1706

  All registration fees collected under paragraph (a)(1) of this section are to shall be transferred to the State Treasurer and paid into the General Fund of the State. → All registration fees collected under paragraph (a)(1) of this section shall be transferred to the State Treasurer and paid into the General Fund of the State.

  Corrects phrasing regarding the transfer of registration fees to the General Fund.

• 3 Del. C. § 1706

  $25 from each fee to the General Fund. → $25 from each fee to the General Fund,

  Clarifies the allocation of fees toward the General Fund.

• 16 Del. C. § 3018F

  the position and support costs shall be paid for out of Appropriated Special Funds. → the position and support costs shall be paid for out of Appropriated Special Funds; the cost of administering the Pet Population Control Spay/Neuter Program may be reimbursed from the Spay/Neuter Fund.

  Allows costs related to the program management to be reimbursed from the Spay/Neuter Fund.

Action History

1. September 15, 2021

   Signed by Governor

2. June 30, 2021

   Passed By Senate. Votes: 21 YES

3. June 30, 2021

   Suspension of Rules in Senate

4. June 30, 2021

   Passed By House. Votes: 33 YES 5 NO 1 NOT VOTING 1 ABSENT

5. June 30, 2021

   Suspension of Rules in House

6. June 30, 2021

   Introduced in House

Sponsors

• Kimberly Williams · Primary
• John "Jack" Walsh · Primary
• Andria L. Bennett · Primary

Votes

Subjects