Delaware law bars most pet stores from selling cats and dogs

Retail pet stores may not sell or transfer cats or dogs. The rule covers stores that sell household pets, including flea markets and farmers’ markets. It excludes certain on-site sellers, sellers of a single litter in a calendar year, shelters, and rescues. A store may provide space for a shelter or rescue to show animals for adoption if the group did not buy the animals and the store has no financial interest in their adoption. The law takes effect six months after enactment.

Certain long-running stores may continue selling dogs if they meet the listed requirements. This exception applies only to stores that sold dogs and held a retail dog outlet license for at least one year before the law takes effect. A store must have sold dogs and held a retail dog outlet license for at least one year before the law takes effect, and keep the same owner. Breeders must hold a federal Class A license and meet the listed violation limits; brokers must hold a federal Class B license and meet those limits. Stores must display and give buyers license numbers, keep records, and report their dog sources twice a year. The breeder and broker rules and buyer disclosures apply on and after the law takes effect. Stores must send source lists by June 1 and December 1, covering the preceding six months.

The Office of Animal Welfare enforces the pet store rules, and violations carry civil penalties. These penalties apply to retail pet stores that violate the pet store rules. Animal welfare officers may investigate and enforce those laws and handle related warrants, subpoenas, and summonses. Each violation carries a $500 penalty. Each prohibited sale or transfer is a separate violation, and each day a qualifying store violates its requirements is a separate violation. For a qualifying store's violation, the state health secretary may suspend or revoke its authority to operate under the dog outlet licensing law. The law takes effect six months after enactment.