2006 Delaware Code - CHAPTER 80 — HUMANE KILLING OF ANIMALS HELD IN SHELTER

§ 8001. Adoption or euthanasia authorized.

Any dog, cat or any other animal held by or in the custody of a private or public animal shelter or agency and not reclaimed by the owner within 5 days from written notification to the owner of the animal, if ownership can be determined, unless earlier disposal is recommended by a doctor of veterinary medicine, may be disposed of only by adoption as a companion in a suitable home if a domestic animal, or by rehabilitation to its natural habitat if a wild animal, or by euthanasia performed in 1 of the following ways:

(1) By administration of sodium pentobarbital; or

(2) With chloroform by a means approved in writing by a licensed veterinarian after inspecting the equipment and method. (65 Del. Laws, c. 136, § 1.)

§ 8002. Administration of sodium pentobarbital.

(a) Sodium pentobarbital shall be administered by any 1 of the following methods:

(1) Intravenous, intraperitoneal or intracardial injection of a lethal dose;

(2) Oral ingestion of powdered sodium pentobarbital in capsules mixed with food, with the animal remaining in its individual cage until dead.

(b) Sodium pentobarbital shall be administered under the following conditions:

(1) A sharp and undamaged hypodermic needle shall be used for each animal and be of a size suitable for the size and species of animal, and method of injection; and

(2) Administration shall be by a licensed veterinarian or by a person certified as proficient in the injection of sodium pentobarbital by a licensed veterinarian after passing both a written and practical examination.

(c) Sodium pentobarbital may be obtained by the animal shelter with required federal and state permits. (65 Del. Laws, c. 136, § 1.)

§ 8003. Administration of chloroform.

Rodents, rabbits and infant wildlife may be euthanized with chloroform or injections of sodium pentobarbital.

(1) The animal to be killed shall be placed in an individual cage or compartment in a small airtight container constructed with proper closeable air intake and a chloroform dispenser device and view window sufficient to permit unobstructed observation of the animal until dead. The animal shall not be placed directly into a container already saturated with chloroform.

(2) The chloroform, of a dose sufficient to kill the size of animal, shall be placed onto a gauze, cotton or wool dispenser attached to the container wall in such a position that the animal shall not be able to come in direct contact with it. After the animal is unconscious, the fresh air intake is to be closed.

(3) The animal shall not be removed from the container for 30 minutes after cessation of respiratory movements. After the animal is removed, it shall be checked for heartbeat. The animal's body shall not be disposed of until the onset of rigor mortis.

(4) The room in which the chloroform is administered shall have forced ventilation to remove all fumes after each use, for the protection of personnel.

(5) All methods shall be inspected and approved in writing by a licensed veterinarian. (65 Del. Laws, c. 136, § 1.)

§ 8004. Proper facilities required.

Any municipality that does not have proper facilities and trained personnel shall transport in a humane manner any animals which are to be euthanized to the nearest private or public shelter or agency which has proper facilities and trained personnel or contract for euthanasia of such animals by a licensed veterinarian. (65 Del. Laws, c. 136, § 1.)

§ 8005. Use of decompression chamber to be prohibited; violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court.

(a) Anything in this chapter to the contrary notwithstanding, any shelter that has employed a high altitude, low pressure chamber, also known as the decompression chamber, to dispose of animals prior to July 4, 1985, may continue to do so for a period of 1 year after July 4, 1985. Thereafter, no shelter shall employ such a chamber to dispose of animals, and shall have complied with § 8006 of this title about the dismantling of such chambers.

(b) Failure by any person employed by, volunteering at or an agent of any private or public animal shelter to comply with this chapter for euthanizing animals shall constitute a class A misdemeanor and shall be punishable as provided by law.

(c) Any person may maintain a civil action to enjoin the continuance of the violation. If the acts sought to be enjoined are determined by the courts to violate this chapter, a permanent injunction against such acts shall be granted. The violation may also be abated by any public body or officer authorized to do so by law.

(d) The Superior Court shall have exclusive jurisdiction of misdemeanor offenses under this section. (65 Del. Laws, c. 136, § 1.)

§ 8006. Dismantling of decompression chamber.

Within 1 year of July 4, 1985, any chamber or device used to induce hypoxia through decompression or in any other manner shall be dismantled and removed from the premises. The director or owner of any premises on which the chamber or device remains 1 year subsequent to July 4, 1985 shall be subject to the same penalty as that provided for a violation of the state cruelty to animals statute. The Superior Court shall have original, exclusive jurisdiction over all violations of this section. (65 Del. Laws, c. 136, § 1.)