3 Del. C. § 8708 — Delaware Code / Title 3 / Chapter 87 / Section 8708
§ Â
        8708. Additional powers of Secretary.
Status: in_force

In order to accomplish the objective stated in § 8706 of this title the Secretary may:

(1) Remove inspectors from any establishment that fails to destroy condemned products as required under § 8707(2) of this title;

(2) Refuse to provide inspection service under this chapter with respect to any establishment for causes specified in § 401 of the Federal Meat Inspection Act [21 U.S.C. § 671] or § 18 of the federal Poultry Products Inspection Act [21 U.S.C. § 467];

(3) Order labeling and containers to be withheld from use if the Secretary determines that the labeling is false or misleading or the containers are of a misleading size or form;

(4) By regulations prescribe the sizes and style of type to be used for labeling information required under this chapter, and definitions and standards of identity or composition or standards of fill of container, consistent with federal standards, when the Secretary deems such action appropriate for the protection of the public and after consultation with the Secretary of Agriculture of the United States;

(5) By regulations prescribe conditions of storage and handling of livestock products and poultry products by persons engaged in the business of buying, selling, freezing, storing, or transporting such articles in or for intrastate commerce to assure that such articles will not be adulterated or misbranded when delivered to the consumer;

(6) Require that equines be slaughtered and prepared in establishments separate from establishments where other livestock are slaughtered or their products are prepared;

(7) By regulations require that every person engaged in business in or for intrastate commerce as a broker, renderer, animal food manufacturer, or wholesaler or public warehouseman of livestock products or poultry products, or engaged in the business of buying, selling or transporting in intrastate commerce any dead, dying, disabled or diseased livestock or poultry or parts of the carcasses of any such animals (including poultry) that died otherwise than by slaughter shall register with the Secretary such person’s name and the address of each place of business at which and all trade names under which such person conducts such business;

(8) Adopt by reference or otherwise such provisions of the rules and regulations under the federal acts (with such changes therein as the Secretary deems appropriate to make them applicable to operations and transactions subject to this chapter) which shall have the same force and effect as if promulgated under this chapter, and promulgate such other rules and regulations as the Secretary deems necessary for the efficient execution of this chapter, including rules of practice providing opportunity for hearing in connection with issuance of orders under § 8707(5) of this title or paragraphs (1), (2) or (3) of this section and prescribing procedure for proceedings in such cases; provided, that this shall not preclude a requirement that a label or container be withheld from use, or a refusal of inspection, under § 8707(5) of this title or paragraphs (1) or (3) of this section pending issuance of a final order in any such proceeding;

(9) Appoint and prescribe the duties of such inspectors and other personnel as the Secretary deems necessary for the efficient execution of the provisions of this chapter;

(10) Cooperate with the Secretary of Agriculture of the United States in administration of this chapter to effectuate the purposes stated in § 8706 of this title;

(11) Recommend to the Secretary of Agriculture of the United States for appointment to the advisory committees, provided for in the federal acts, such officials or employees of the Department as the Secretary shall designate;

(12) Serve as the representative of the Governor for consultation with the Secretary of Agriculture of the United States under paragraph (c) of § 301 of the Federal Meat Inspection Act [21 U.S.C. § 661(c)] and paragraph (c) of § 5 of the federal Poultry Products Inspection Act [21 U.S.C. § 454(c)] unless the Governor selects another representative;

(13) Exempt the operations of any person from inspection or other requirements of this chapter if and to the extent such operations would be exempt from the corresponding requirements under the Federal Meat Inspection Act [21 U.S.C. § 601 et seq.] or the federal Poultry Products Inspection Act [21 U.S.C. § 451 et seq.] if they were conducted in or for interstate commerce or if the State were designated under the federal acts as one in which the federal requirements apply to intrastate commerce;

(14) May exempt the following types of operations from inspection:

a. Slaughtering and preparation by any person of livestock and poultry of such person’s own raising exclusively for use by such person and members of such person’s household, and such person’s nonpaying guests and employees; and

b. Any other operations which the Secretary may determine would best be exempted to further the purposes of this chapter, to the extent such exemptions conform to the Federal Meat Inspection Act [21 U.S.C. § 601 et seq.] and the federal Poultry Products Inspection Act [21 U.S.C. § 451 et seq.] and the regulations thereunder.
3 Del. C. § 3111 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3111
§ Â
        3111. Babcock test requirement.
Status: in_force

No person or his or her agents or servants engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount or percentage of butterfat contained therein, shall take, collect or use for testing purposes an unfair or an inaccurate sample, or underread, overread or erroneously manipulate the test commonly known as the “Babcock test” used for determining the percentage of such fat in said milk or cream, or falsify the record thereof, or make the “Babcock” reading except when the fat has a temperature of 135 degrees to 145 degrees Fahrenheit, or use for such test quantities other than 17.6 cubic centimeters in the case of milk and 9 grams or 18 grams in the case of cream. In all tests of cream, the cream shall be weighed and not measured into the test bottle.
3 Del. C. § 7605 — Delaware Code / Title 3 / Chapter 76 / Section 7605
§ Â
        7605. Revocation of license; right of appeal.
Status: in_force

(a) The Department of Agriculture may revoke the license of any person for the violation of any of the provisions of this chapter or of any rule or regulation which may be prescribed by the Department. Notice of revocation shall be sent to the licensee by registered mail setting forth the reason for the revocation and fixing the time for a hearing, should one be desired by the licensee. At the hearing, should the reason set out in the notice be sustained, the Department may continue the revocation indefinitely or for such other period of time as the Department deems advisable or may make such other order as it deems equitable.

(b) Any person affected by the ruling of the Department of Agriculture, under this chapter, may take an appeal within 10 days from notification of the Department’s decision to the Superior Court.

(c) The Superior Court for the 3 counties is vested with jurisdiction to hear and determine all such appeals and may by proper rules prescribe the procedure to be followed in such appeals. Every such appeal shall be determined by the Court. Costs may be awarded by the Court and when so awarded the same shall be collected as other costs are collected.
3 Del. C. § 904 — Delaware Code / Title 3 / Chapter 9 / Subchapter I / Section 904
§ Â
        904. Duties and authority of Foundation.
Status: in_force

(a) The Foundation shall be responsible for the following:

(1) The adoption, after public hearing, of criteria for establishment and maintenance of Agricultural Preservation Districts, which criteria shall supplement and be consistent with the standards set forth in this chapter;

(2) The adoption, after public hearing, of criteria for the purchase of agricultural lands preservation easements, which criteria shall supplement and be consistent with the standards set forth in this chapter;

(3) The adoption, after public hearing and consultation with the Department of Agriculture, the Department of Natural Resources and Environmental Control, and the Farmland Preservation Advisory Boards and Planning and Zoning Commissions of each county, of a statewide agricultural lands preservation strategy which specifically identifies the areas of the State in which valuable productive agricultural lands are located and which are considered best suited for long-term preservation, and by specifically identifying the growth zone;

(4) The administration, operation and supervision of the Delaware Farmland Preservation Fund;

(5) The monitoring and enforcement of the requirements and restrictions imposed by and under the provisions of this chapter, any duly adopted regulations and legally binding instruments;

(6) The establishment of a program of cooperation and coordination with the governing bodies of the counties, municipalities and other units of general government below the State level and with private nonprofit or public organizations to assist in the preservation of agricultural lands for agricultural purposes;

(7) The acquisition of available federal funding, including application for eligible loans under the Farms for the Future Act of 1990 (7 U.S.C. § 4201 et seq.) and for undertaking all other necessary actions required for receipt of such funding, and deposit of any such moneys received into the Delaware Farmland Preservation Fund;

(8) The performance of an annual audit of the Foundation’s accounts, prepared by an independent certified public accountant qualified to perform such an audit, which annual audit shall be part of the Foundation’s Annual Report;

(9) The preparation of an Annual Report of the Foundation’s proceedings and activities for the annual period ending June 30, which report shall include the annual audit, an inventory of farmlands and forestlands located in Agricultural Preservation Districts, an inventory of preservation easements acquired during the period, the status of the Fund and such other information deemed appropriate, which Annual Report shall be submitted to the Governor and the General Assembly of the State;

(10) The establishment of a program of education and promotion of agricultural lands preservation;

(11) The development of an effective program to fully implement the provisions of this chapter;

(12) The establishment and implementation of a forestland preservation program; and

(13) The adoption of rules of practice and procedure for acquiring forestland preservation easements.

(b) The Foundation shall have the authority to do the following:

(1) Adopt an organizational structure to implement this chapter;

(2) Employ a staff subject to the availability of funding;

(3) Establish an office in the State;

(4) Retain by contract auditors, accountants, appraisers, legal counsel, surveyors, private consultants, financial advisors or other contractual services required by the Foundation;

(5) Sue and be sued;

(6) Utilize a seal;

(7) Conduct such hearings, examinations and investigations as may be necessary and appropriate to the conduct of its operations and the fulfillment of its responsibilities;

(8) Procure and keep in force adequate insurance or otherwise provide for the adequate protection of its property, as well as to indemnify and save itself harmless and its officers, agents or employees against loss or liability with respect to any risk to which it or they may be exposed in carrying out any function of the Foundation;

(9) Purchase, sell, manage, lease or rent such real and personal property for use of the Foundation as deemed necessary, convenient or desirable;

(10) Act on and approve applications for the establishment of Agricultural Preservation Districts consistent with the provisions of this chapter and duly adopted regulations;

(11) Acquire by gift or purchase agricultural land preservation easements;

(12) Seek, obtain and utilize federal and private funding for the purposes of this chapter;

(13) Make short- and long-range plans for the protection and preservation of agricultural lands;

(14) Enter upon lands as may be necessary to perform surveys, appraisals and investigations to accomplish the purposes of this chapter;

(15) Accept gifts, grants or loans of funds, property or service from any source, public or private, and comply, subject to this chapter, with the terms and conditions of any agreements entered and related thereto;

(16) Receive funds from the sale of general bonds, revenue bonds or other obligations of the State or under the name of the Foundation;

(17) Recover reasonable costs for service provided;

(18) Delegate to 1 or more of its Trustees, its Executive Director or its agents such powers and duties as it may deem necessary and proper for the conduct of its authorized business;

(19) Select an Executive Director, who shall be a member and chief executive officer of the staff of the Foundation, subject to the availability of funding for such position, and provided further that the Executive Director shall be a resident of the State, have an undergraduate degree from an accredited institution of higher learning and possess at least 5 years experience in the administration of agricultural programs, land use planning or agribusiness activities;

(20) Adopt procedural rules to govern the manner in which internal affairs of the Foundation are conducted;

(21) Adopt, after notice and public hearing, rules and regulations to fulfill the Foundation’s responsibilities and fully effectuate the authority, purposes, intent and activities contemplated under this chapter; and

(22) Engage in all the activities specified in this subsection (b) of this section as they may relate to the forestland preservation program set forth in subchapter V of this chapter.

(c) The members of the staff of the Foundation shall be afforded protections comparable to those provided under the State Merit System and shall be included under and subject to Chapter 55 of Title 29.
3 Del. C. § 7106 — Delaware Code / Title 3 / Chapter 71 / Section 7106
§ Â
        7106. Expenses.
Status: in_force

All necessary expenses of the Department of Agriculture under this chapter and Chapter 73 of this title shall, upon approval in writing by the Governor, be paid by the State Treasurer.
3 Del. C. § 407 — Delaware Code / Title 3 / Chapter 4 / Section 407
§ Â
        407. Fee fishing operations.
Status: in_force

(a) It shall be lawful for any person to fish, without being licensed to fish in this State, within an aquaculture facility designated as a fee fishing operation and registered as same with the Department of Agriculture.

(b) The owner(s) of a fee fishing operation shall apply to the Department of Agriculture to register the fee fishing operation. The fee fishing operation shall meet with the following requirements, subject to inspection and approval by the Department of Natural Resources and Environmental Control, prior to the Department of Agriculture approving the registration:

(1) The fee fishing operation shall be a closed system; and

(2) The fee fishing operation shall not contain any wild finfish.

(c) When authorized by the owner of a fee fishing operation, it shall be lawful for a person to take and/or possess those species or hybrids thereof permitted according to § 903(j) of Title 7, without regard to any seasonal restrictions, size limits or creel limits.

(d) Any person in possession of cultured aquatic stock lawfully taken from a fee fishing operation shall be issued a receipt for same by the owner or owner’s agent of that fee fishing operation. This receipt shall include the name and address of the fee fishing operation, the date the cultured aquatic stock were taken, the identification and number of each species of cultured aquatic stock taken, and the signature of the person to whom the receipt is issued. This receipt shall remain in the possession of the person who took the cultured aquatic stock from the fee fishing operation until that person enters that person’s personal abode or temporary or transient place of lodging. The owner or owner’s agent of the fee fishing operation shall maintain a copy of each receipt for a period of at least 1 year from the date of issuance.

(e) Unless otherwise authorized, it shall be unlawful for any person to possess any cultured aquatic stock that remain alive after legally taking same from a fee fishing operation.
3 Del. C. § 9026 — Delaware Code / Title 3 / Chapter 90 / Subchapter II / Section 9026
§ Â
        9026. Appropriations.
Status: in_force

The department, agency or officer expending or becoming liable for an expenditure, on account of a control or eradication program undertaken or intensified pursuant to the compact, shall have credited to the department’s, agency’s, or officer’s account in the State Treasury the amount or amounts of any payments made to this State to defray the cost of such program, or any part thereof, or as reimbursement thereof.
3 Del. C. § 8218 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8218
§ Â
        8218. Funding.
Status: in_force

Transferred to § 3014F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 8719 — Delaware Code / Title 3 / Chapter 87 / Section 8719
§ Â
        8719. Penalties generally.
Status: in_force

(a) Any person who commits an offense in violation of this chapter for which no other criminal penalty is provided by this chapter shall, upon conviction, be subject to imprisonment for not more than 1 year, or a fine of not more than $1,000, or both; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in § 8704(11) of this title) such person shall be subject to imprisonment for not more than 3 years or a fine of not more than $10,000, or both.

(b) Nothing in this chapter shall be construed as requiring the Secretary to report for prosecution or for the institution of forfeiture or injunction proceedings, minor violations of this chapter whenever the Secretary believes that the public interest will be adequately served by a suitable written notice or warning.
3 Del. C. § 2604 — Delaware Code / Title 3 / Chapter 26 / Section 2604
§ Â
        2604. Voluntary withdrawal of land from exempt status; requirements.
Status: in_force

Any owner of land listed as commercial forest plantation desiring to withdraw said land from operation of this chapter shall make written application to the Department of Agriculture for such withdrawal. Such application shall be granted only upon evidence that the owner has paid to the county treasurer the amount of tax due on said land as determined by the county board of assessment. The board of assessment shall determine the average value per year of the lands, notwithstanding Chapter 83 of Title 9, during the current period of exemption from taxation and, further, shall determine the amount of tax due on the lands calculated according to the several yearly tax rates at the average valuation. Upon presentation to the Department of Agriculture of the application as provided in this section, the Department of Agriculture shall at once notify the county board of assessment of such action and thereupon the property described in the application shall be removed from classification and thereafter taxed as other property.
3 Del. C. § 1109 — Delaware Code / Title 3 / Chapter 11 / Section 1109
§ Â
        1109. Appeal.
Status: in_force

A person who feels aggrieved by the Department as a result of the administrative hearing held under the authority of this chapter may take appeal, within 30 days, to the Superior Court. After a full hearing, the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds therefor, shall be served upon the Secretary of the Department of Agriculture.
3 Del. C. § 1220 — Delaware Code / Title 3 / Chapter 12 / Subchapter III / Section 1220
§ Â
        1220. Same â Denial; revocation; suspension; modification.
Status: in_force

(a) If the applicant is not certified under this subchapter, the Department shall notify such applicant, in writing, of the reasons therefor.

(b) The Department, after due notice and opportunity for hearing, may suspend, revoke or modify any provision of any certification, including reciprocal certification, issued under this subchapter if the Department finds that the certified applicator or any individual acting under the direct supervision of such certified applicator has committed any acts declared by this chapter to be unlawful, or the certified applicator has been convicted or is subject to a final order imposing a civil penalty under § 14 of FIFRA [7 U.S.C. § 136l].

(c) The Department shall deny the issuance of a certification to any person working under the direction or employment of an applicator whose certification has been suspended, revoked or modified. Such denial shall continue in effect until the term of the Department’s final order has expired.
3 Del. C. § 10201 — Delaware Code / Title 3 / Chapter 102 / Section 10201
§ Â
        10201. Compact.
Status: in_force

The State of Delaware is hereby authorized to enter into the following Compact subject to the terms and conditions stated in the Compact.
3 Del. C. § 10167 — Delaware Code / Title 3 / Chapter 101 / Subchapter IV / Section 10167
§ Â
        10167. No deduction for federal taxes for purposes of ÂÂâ10165 and 10166.
Status: in_force

For the purpose of making any of the calculations of amounts payable to this State and to the licensee under §§ 10165 and 10166 of this title, no federal taxes, if any, shall be deducted from the amount of total contributions before applying the percentages specified in such sections.
3 Del. C. § 804 — Delaware Code / Title 3 / Chapter 8 / Section 804
§ Â
        804. Program administration.
Status: in_force

(a) This Program is to be administered by the Department and is contingent on the ongoing existence of the Federal Crop Insurance Corporation or a comparable federally-funded program.

(b) The Department is authorized to enter into agreements with the United States Department of Agriculture’s Risk Management Agency, the Federal Crop Insurance Corporation, and the approved insurance providers, for purposes of implementing this Program.

(c) Disbursements by the Department, under this Program, shall be made directly to the Federal Crop Insurance Corporation subject to established bilateral or multilateral agreements.

(d) The Department, in conjunction with the Federal Crop Insurance Corporation, must promote this Program, including providing information on the Department’s website, so as to educate and inform all eligible producers, in the State, of the availability and details of this Program.

(e) The Department must keep all records, related to the Program, including all records and information received from the Federal Crop Insurance Corporation
3 Del. C. § 10145 — Delaware Code / Title 3 / Chapter 101 / Subchapter III / Section 10145
§ Â
        10145. Minimum purse, stake or reward.
Status: in_force

(a) No race shall be authorized or permitted for a purse, stake or reward of less than $700 except in the event of a split race, in which case the purse, stake or reward shall be equally divided.

(b) Plate value, if any, shall be considered as a part of the purse, stake or reward.
3 Del. C. § 9027 — Delaware Code / Title 3 / Chapter 90 / Subchapter II / Section 9027
§ Â
        9027. Definition.
Status: in_force

As used in the compact, with reference to this State, the term “Executive Head” shall mean the Governor.
3 Del. C. § 1213 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1213
§ Â
        1213. Nonresidents; service of process.
Status: in_force

Any nonresident applying for a license under this chapter shall appoint and constitute the Secretary of State of this State the nonresident’s agent for the acceptance of legal process in any civil action against such nonresident. Any such process when so served shall be of the same legal force and validity as if served upon such nonresident personally within the State. Such appointment shall be irrevocable and binding on the nonresident’s executor or administrator; provided, however, that any such nonresident who has a duly appointed resident agent upon whom process may be served as provided by law shall not be required to designate the Secretary of State as such agent. The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents. The Department shall be furnished with a copy of such designation of the Secretary of State or of a resident agent, such copy to be duly certified by the Secretary of State.
3 Del. C. § 1909 — Delaware Code / Title 3 / Chapter 19 / Section 1909
§ Â
        1909. Sampling; analysis.
Status: in_force

The Department is empowered, and it shall be the duty of its agent, to sample agricultural liming materials, to analyze them and to report to the registrant the results of its analysis. Results shall become official and public after 10 days. The Department or its authorized agent shall for the purpose of taking samples have full access during business hours to all places where agricultural liming materials are offered for sale. Methods of sampling and analysis shall be taken from among such sources as those recognized by the Association of Official Analytical Chemists. Upon written notice, the Department or its agent may remove from sale any lot of agricultural liming material until it has been determined that the material is in full compliance with this chapter.
3 Del. C. § 7510 — Delaware Code / Title 3 / Chapter 75 / Section 7510
§ Â
        7510. Importation of bees or used bee equipment or appliances.
Status: in_force

(a) No person shall ship or transport any colony of bees, or used beekeeping equipment into the State that is not accompanied by an entry permit issued by the Department.

(b) Before a person may ship or transport into the State any colony of bees, or used beekeeping equipment, the person shall request an entry permit by submitting to the Department an inspection certificate from an authorized inspector of the state of origin that includes the following information:

(1) A statement that the colonies or used beekeeping equipment is apparently free of all diseases, mite infestation, exotic mites and Africanized honey bees, based on an inspection within the preceding 60 days.

(2) Name, address and state of residence of owner and shipper.

(3) Number of hives that contain bees.

(4) Location of apiary sites where the bees will be kept.

(c) Any uncertified bees must be removed from the State within 48 hours.
3 Del. C. § 8546 — Delaware Code / Title 3 / Chapter 85 / Subchapter IV / Section 8546
§ Â
        8546. Monopoly and restraint of trade.
Status: in_force

An association organized under this chapter shall not be deemed to be a combination in restraint of trade, nor an illegal monopoly, nor an attempt to lessen competition or fix prices arbitrarily, or to create a combination or pool in violation of any law of this State, nor shall the marketing contracts between the association and its members, or any agreement authorized by this chapter, be so considered, nor shall the association be deemed to be a party to a combination in restraint of trade, or illegal monopoly, by reason of any agreement made with buyers of products or commodities sold to or through the association or facilities created by it, in accordance with this chapter.
3 Del. C. § 3141 — Delaware Code / Title 3 / Chapter 31 / Subchapter IV / Section 3141
§ Â
        3141. Registration of markings on containers.
Status: in_force

(a) Any person engaged in manufacturing, bottling or selling milk, cream or other dairy products in bottles, boxes, tins, cans or other receptacles or containers, with such person’s name or names or other mark or marks, or device or devices, branded, stamped, engraved, etched, blown, impressed or otherwise produced upon such bottles, boxes, tins, cans or other receptacles or containers used by such person in the same or delivery of milk, cream or other dairy products, may file in the office of the Secretary of State a description of the name or names, marks or devices so used by such person, and cause such description to be printed once a week for 2 weeks successively in a newspaper published in the county in which the principal office or place of business of the owner shall be located.

(b) Upon legal proof being furnished the Secretary of State, a certificate shall be issued by the Secretary of State which certificate shall be competent evidence in any court of law of the State of the right of such person to the absolute use of such bottles, boxes, tins, cans, or other receptacles or containers, with such devices marked thereon, and of the publication and registration of the same. If such person has obtained a certificate from the Secretary of State and thereafter retires from business, such person shall have the right to legally transfer the certificate to such person’s successor in the business.
3 Del. C. § 2801 — Delaware Code / Title 3 / Chapter 28 / Section 2801
§ Â
        2801. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Department” means the Department of Agriculture.

(2) “Industrial hemp” means the plant Cannabis sativa L.and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
3 Del. C. § 6705 — Delaware Code / Title 3 / Chapter 67 / Section 6705
§ Â
        6705. Penalties; jurisdiction.
Status: in_force

Any person who knowingly buys, receives or uses any biological product intended for use in animals, other than humans, or poultry that does not have U.S.D.A. approval or a written statement of exemption from the State Veterinarian shall be fined not less than $100 nor more than $1000. The Court of Common Pleas shall have jurisdiction over violations of this section.
3 Del. C. § 1702 — Delaware Code / Title 3 / Chapter 17 / Section 1702
§ Â
        1702. Enforcing agency.
Status: in_force

This chapter shall be administered by the Department of Agriculture of this State, hereinafter referred to as the “Department.”
3 Del. C. § 7506 — Delaware Code / Title 3 / Chapter 75 / Section 7506
§ Â
        7506. Exposure of diseased, infested or infected bees or equipment; notice.
Status: in_force

(a) No person in this State shall expose any diseased, mite infestation, exotic mite or Africanized honey bee, or any infected or infested hives, equipment or appliances so that flying bees may have access to them.

(b) Any person keeping bees in the State shall notify the State Apiarist immediately of the existence or the suspected existence of any bee disease, mite infestation, exotic mite or Africanized honey bee in such person’s own or any other apiary in the State.
3 Del. C. § 7601 — Delaware Code / Title 3 / Chapter 76 / Section 7601
§ Â
        7601. Declaration of purpose.
Status: in_force

The purpose of this chapter is to provide for the registration of livestock dealers to enable the Department to trace the movement of livestock for the purpose of controlling or eradicating serious livestock diseases. This chapter establishes the Department’s jurisdiction and authority over the animal transportation recordkeeping practices of persons transporting livestock or operating a livestock auction or sales facility.
3 Del. C. § 1054 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1054
§ Â
        1054. Natural regeneration; notice required upon transfer.
Status: reserved

(a) Operators and landowners shall leave uncut and uninjured at least 6 seed-bearing pine or yellow-poplar trees 14 inches in diameter or larger on each acre involved in a cutting operation. If an acre lacks 1 or more of the required seed trees, then 2 seed-bearing pines or yellow-poplars of the next smallest diameter shall be chosen to replace each missing tree.

(b) Trees reserved pursuant to subsection (a) of this section for the purpose of reseeding shall be healthy, windfirm, and well-distributed throughout each acre, and have well developed crowns possessing viable cones.

(c) Seed-bearing pine or yellow-poplar trees need not be reserved if at least 400 pine or yellow-poplar seedlings exist on each acre that are vigorous, well distributed throughout, and free to grow upon completion of the cutting operation.

(d) Any operators or landowners proposing to utilize the natural regeneration method shall notify the State Forester at the Delaware Department of Agriculture Forest Service of the proposed natural regeneration plan at least 10 working days prior to initiation of a cutting operation.

(1) Operators or landowners shall be responsible for having seed trees physically marked prior to notification of the State Forester.

(2) Within 10 working days, the State Forester or the State Forester’s designated agent shall inspect the proposed site and provide the operator or landowner with approval, approval with modifications, or rejection of the natural regeneration plan.

(e) Once approval is given, but before the cutting operation begins, the landowner will agree, on a form furnished by the Department of Agriculture Forest Service, not to cut or permit to be cut any pine or yellow-poplar tree required to be reserved for reseeding for 2 years after completion of the cutting operation. The provisions of this subsection do not apply if the landowner places the land in any of the uses enumerated in § 1053(b) of this title.

(f) Prior to the sale or other transfer of rights of the land or perpetual timber rights subject to the obligation to reserve the trees, the transferor shall notify the transferee of the existence and nature of the obligation and the transferee shall sign a notice of the obligation indicating the transferee’s knowledge thereof.

(1) The notice shall be on a form furnished by the Department of Agriculture Forest Service and shall be sent to the Department of Agriculture by the transferor at the time of sale or transfer of rights of the land or perpetual timber rights.

(2) If the transferor fails to notify the transferee about the obligation to reserve the trees, the transferor shall pay the transferee’s costs related to fulfilling the obligation to reserve the trees or reforest all trees cut, including all legal costs and reasonable attorneys’ fees incurred by the transferee in enforcing the obligation against the transferor.

(3) Failure by the transferor to send the required notice to the Department of Agriculture Forest Service at the time of transfer shall be prima facie evidence in any action by the transferee against the transferor for costs related to reserving the trees or reforesting all trees cut that the transferor did not notify the transferee of the obligation to reserve the trees prior to transfer.
3 Del. C. § 10163 — Delaware Code / Title 3 / Chapter 101 / Subchapter IV / Section 10163
§ Â
        10163. Revocation of license.
Status: in_force

All licenses for the operation of pari-mutuel or totalizator pools shall be revocable at any time, without hearing, in the absolute discretion of the Commission.
3 Del. C. § 2405 — Delaware Code / Title 3 / Chapter 24 / Section 2405
§ Â
        2405. Prosecution of violations.
Status: in_force

Failure to comply with the provisions of this chapter may result in the assessment of a civil penalty. No civil penalty shall be imposed until an administrative hearing is held before the Secretary or the Secretary’s designee after due notice has been given to the landowner or person who possesses or has use of the land in accordance with § 10122 of Title 29. Provided, however, a landowner or person who possesses or has the use of that land may enter into a written agreement with the Department of Agriculture specifying terms and conditions of a program for the control and eradication of designated noxious weeds, and so long as all the terms and conditions are being complied with, there is no violation of this chapter as to the land covered by the agreement.
3 Del. C. § 3166 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3166
§ Â
        3166. Substitutions.
Status: in_force

The Department of Agriculture may grant to any milk dealer or handler the authority to substitute for any bond, surety or any collateral, another bond, surety or other collateral, provided that such other bond, surety, or collateral meets all the requirements of this subchapter.
3 Del. C. § 1713 — Delaware Code / Title 3 / Chapter 17 / Section 1713
§ Â
        1713. Publications.
Status: in_force

The Department shall publish at least semiannually, in such form as it may deem proper, a report of the results of the analyses of official samples of commercial feeds sold within this State as compared with the analyses guaranteed in the registration and on the label.
3 Del. C. § 6302 — Delaware Code / Title 3 / Chapter 63 / Section 6302
§ Â
        6302. Inspection and certification of poultry flocks and hatcheries; rules and regulations.
Status: in_force

For the encouragement of the breeding of better poultry in this State and for the improvement in the quality of chicks from the hatcheries of the State, the Department of Agriculture may have inspections made of poultry flocks and chick hatcheries in the State upon application of the owners thereof and may make rules for such inspections. When the state inspection shows freedom from disease and the meeting of standards for poultry flocks and chick hatcheries, which standards the Department of Agriculture may establish, the Department may issue certificates to the owners showing that the standards have been met. The Department may make rules and regulations for the management and care of flocks. When hatcheries in this State use for hatching purposes eggs from flocks of poultry which have been certified, such hatcheries, upon compliance with all rules and regulations of the Department of Agriculture, shall be issued certificates setting forth the classification of their hatcheries. The Department may make rules and regulations for the movement, sale, labeling and advertising of all chicks, eggs and poultry produced by flocks and hatcheries under state supervision as aforesaid.
3 Del. C. § 3167 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3167
§ Â
        3167. Financial statement; acceptance in lieu of surety.
Status: in_force

(a) A milk dealer or handler shall, from time to time, when required by the Department of Agriculture, make and file with such Department a verified statement of his or her disbursements, or of any other facts in connection with his or her business, during a period to be prescribed by the Department, which financial statement shall contain the names of the producers from whom milk was purchased, acquired, received or handled on consignment or otherwise, the amount due to the producers, and any other relevant facts required by the Department pertinent to the dealer or handler or the dealer’s or handler’s surety or sureties.

(b) In lieu of, and notwithstanding any and all provisions contained in this subchapter to the contrary, and in particular any and all provisions requiring a milk dealer or handler to file a corporate surety, or individual surety, or collateral bond, the Department of Agriculture may accept of and from any milk dealer or handler who has been continuously engaged in such business in this State for a period of 7 years prior thereto a complete current financial statement of all the assets and liabilities of such dealer or handler, verified under oath by such dealer or handler or an authorized agent thereof; which financial statement shall be in such form and in such detail as the Department prescribes from time to time.

(c) Whoever wilfully falsifies any such financial statement, in whole or in part, is guilty of making a false written statement in violation of § 1233 of Title 11 and shall be punished accordingly.

(d) If the Department of Agriculture determines from the financial statement that the fair net worth of the milk dealer or handler is at least equal to the amount of corporate surety, or individual surety, or collateral bond which such milk dealer or handler would otherwise be required to file, the Department may accept such milk dealer’s or handler’s bond and financial statement without requiring any corporate or individual surety thereon or collateral to be posted therewith.
3 Del. C. § 9102 — Delaware Code / Title 3 / Chapter 91 / Section 9102
§ Â
        9102. Effective date of compact.
Status: in_force

The above compact shall be effective immediately as between the State and such other state or states as have already approved the compact. As to other states it shall become effective when approved by them. The Governor may take such action as may be necessary to complete the exchange of official documents between this State and any other state authorizing the compact.
3 Del. C. § 1908 — Delaware Code / Title 3 / Chapter 19 / Section 1908
§ Â
        1908. Inspection fees.
Status: in_force

Within the 30-day period following June 30 and December 31 of each year, each registrant shall submit, on a form furnished by the Department or its authorized agent, a semiannual statement setting forth the number of net tons of each agricultural liming material sold by the registrant for use in this State during the previous 6-month period. Such statement shall be accompanied by payment of the inspection fee at the rate of 5 cents per ton. Such reports shall be confidential and no information therein shall be disclosed or published in any manner that will reveal the operation of any registrant.
3 Del. C. § 2906 — Delaware Code / Title 3 / Chapter 29 / Section 2906
§ Â
        2906. Violations.
Status: in_force

(a) A person who violates this chapter is subject to a civil penalty of not less than $50 and not more than $500 for each proven occurrence.

(b) Before imposing a penalty under subsection (a) of this section, the Secretary must offer the person advice on compliance with this chapter and an administrative hearing under § 2907 of this title.

(c) The Secretary must send a person who violates this chapter a written notice of the violation. The written notice of a violation must contain information regarding the opportunity for an administrative hearing under § 2907 of this title.

(d) (1) A person who violates this chapter may enter into a written agreement with the Secretary, specifying terms and conditions for compliance with this chapter.

(2) A person who is in compliance with all of the terms and conditions of a written agreement under paragraph (d)(1) of this section is not in violation of this chapter.

(e) All civil penalties collected under this section are payable to the Delaware Department of Agriculture and must be used for enforcement of this chapter.
3 Del. C. § 3120 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3120
§ Â
        3120. Violations and penalties.
Status: in_force

(a) Whoever violates this subchapter, except § 3111 of this title, shall be fined not less than $10 nor more than $50, or imprisoned not less than 10 nor more than 30 days, or both.

(b) Whoever violates § 3111 of this title shall be fined not less than $100 nor more than $1,000, or imprisoned not more than 9 months.
3 Del. C. § 1606 — Delaware Code / Title 3 / Chapter 16 / Subchapter I / Section 1606
§ Â
        1606. Violations and penalties.
Status: in_force

Failure to comply with the provisions of this chapter shall result in the assessment of a civil penalty of not more than $10 for the first violation and not less than $25 nor more than $100 for each subsequent violation.
3 Del. C. § 2221 — Delaware Code / Title 3 / Chapter 22 / Subchapter II / Section 2221
§ Â
        2221. Adoption of regulations; voting; considerations.
Status: in_force

(a) With the guidance, advice and consent of the Commission, the Secretary shall, by July 1, 2000, develop and adopt regulations to implement this chapter. A majority vote of the full Commission shall constitute consent for purposes of this subsection. Regulations shall be adopted in accordance with the provisions of the Delaware Administrative Procedures Act.

(b) In developing regulations concerning nutrient management planning, the Secretary and the Commission shall consider any waste management planning requirements imposed on animal producers or nutrient users through their commercial processor and shall, to the maximum extent possible, strive to reduce any duplication in effort on the part of the contractor or property owner.

(c) The Commission may not approve any regulation and the Secretary may not promulgate any regulation that requires tilled lands to be converted for grass filter strips, vegetated and/or forested buffer strips along Delaware’s lakes, streams, rivers, ponds, drainage ditches or any other natural or artificial conveyance system.
3 Del. C. § 2505 — Delaware Code / Title 3 / Chapter 25 / Section 2505
§ Â
        2505. Execution of bond; bond form; action upon bond.
Status: in_force

The bond referred to in this chapter shall be executed by the applicant and by a surety company authorized and qualified to do business in this State as surety in favor of the Secretary in the Secretary’s official capacity for the benefit of all producers with whom the applicant shall transact business, for the period that the license is in force. Such bond shall be upon a form prescribed or approved by the Department and shall be conditioned to secure the faithful accounting for payment to producers, agents or representatives, of all agricultural products purchased, handled or sold by the dealer. Any producer claiming to be injured by the nonpayment, fraud, deceit or negligence of any dealer may bring action therefor upon the bond against the principal or the surety, or both, by the filing of a verified complaint. Such verified complaint shall be upon a form prescribed or approved by the Secretary.
3 Del. C. § 3163 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3163
§ Â
        3163. Filing by dealer not engaged in business during preceding year.
Status: in_force

A milk dealer or handler purchasing or acquiring or receiving or intending to purchase, acquire or receive milk from producers, but not so engaged during any month of the preceding calendar year, shall file a bond in a reasonable sum to be fixed by the Department of Agriculture, and within the time for filing his or her application such dealer or handler shall request the Department to fix such sum.
3 Del. C. § 1240 — Delaware Code / Title 3 / Chapter 12 / Subchapter VII / Section 1240
§ Â
        1240. Repeals.
Status: repealed

Jurisdiction in all matters pertaining to the distribution, sale, use, application and transportation of pesticides and devices is by this chapter vested exclusively in the Department, and all acts and parts of acts inconsistent with this chapter, with the exception of Chapter 60 of Title 7, are hereby expressly repealed.
3 Del. C. § 2606 — Delaware Code / Title 3 / Chapter 26 / Section 2606
§ Â
        2606. Inspections.
Status: in_force

The State Forester shall make periodic inspections of classified forest plantations and shall report the findings in writing to the Department of Agriculture. If the State Forester finds that the owner of listed lands has violated this chapter or has neglected or refused to take proper precautions against damage by fire or grazing, or otherwise, the State Forester shall recommend to the Department the removal of said property from classification as commercial forest plantation land.
3 Del. C. § 10043 — Delaware Code / Title 3 / Chapter 100 / Subchapter III / Section 10043
§ Â
        10043. Liability insurance of licensee.
Status: in_force

Ten days before any harness horse racing meet may be held under this chapter those licensed to conduct the meet shall deposit with the Commission a policy of insurance against personal injury liability which may be sustained at the meet. The insurance shall be in an amount approved by the Commission, with premium prepaid.
3 Del. C. § 9103 — Delaware Code / Title 3 / Chapter 91 / Section 9103
§ Â
        9103. Compact administrator.
Status: in_force

The State Forester or someone designated by the State Forester shall act as compact administrator for this State.
3 Del. C. § 10045 — Delaware Code / Title 3 / Chapter 100 / Subchapter III / Section 10045
§ Â
        10045. Enforcement.
Status: in_force

All officers of the law shall cooperate with the Commission for the proper enforcement of this chapter.
3 Del. C. § 8102 — Delaware Code / Title 3 / Chapter 81 / Section 8102
§ Â
        8102. Death losses exceeding 10 percent.
Status: in_force

Any person who is the owner or custodian of exotic avian species shall notify the Department of Agriculture of any death losses which exceed 10 percent of the total number of such birds on the premises or of a single shipment of such birds and shall freeze the dead specimens until collected by the Department.
3 Del. C. § 8221 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8221
§ Â
        8221. Enforcement, violations and penalties.
Status: in_force

Transferred to § 3017F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 10057 — Delaware Code / Title 3 / Chapter 100 / Subchapter IV / Section 10057
§ Â
        10057. Licenseeâs commissions on pari-mutuel and totalizator pools.
Status: in_force

(a) The Commission shall authorize commissions pursuant to this subsection and subsection (b) of this section on pari-mutuel or totalizator pools to all licensees operating a racing meet pursuant to this chapter. The commission shall be 18% of the total daily contributions to all pari-mutuel or totalizator pools conducted or made at the racing meet and at every race at the meet, plus all of the odd cents of all redistributions to be made on all pari-mutuel or totalizator pool contributions, exceeding the sum equal to the next lowest of 10, such odd cents to be calculated upon the basis of each dollar wagered.

(b) In addition to the commissions authorized by subsection (a) of this section, the Commission shall authorize as commissions to the licensee operating a racing meet pursuant to this chapter 7% of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day on any and every racetrack licensed under this chapter where the patron is required to select 2 or more horses in a single race or where the patron is required to select 2 or more horses in more than 1 race.
3 Del. C. § 7306 — Delaware Code / Title 3 / Chapter 73 / Subchapter I / Section 7306
§ Â
        7306. Possession of cattle having pleuro-pneumonia; notice; penalties.
Status: in_force

Whoever, knowing or having reason to suspect that pleuro-pneumonia exists among the cattle in that person’s possession or under that person’s care, fails to forthwith give notice thereof to the Department of Agriculture, shall be fined not more than $500 or be imprisoned not more than 1 year.
3 Del. C. § 1010 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1010
§ Â
        1010. Qualifications and appointment of State Forester.
Status: in_force

The Department of Agriculture shall employ a State Forester, who shall be a technically trained forester of not less than 2 years’ experience in professional forestry work.
3 Del. C. § 2603 — Delaware Code / Title 3 / Chapter 26 / Section 2603
§ Â
        2603. Removal of exempt commercial forest plantation from county assessment books.
Status: in_force

If the Department determines from the report of the State Forester that the owner has complied with the purpose of this chapter, namely, to develop and maintain upon the owner’s land a commercial forest, the Department shall recommend to the assessment board in the county wherein the lands are situated that the enrolled forested lands be removed from the list of assessable property for the period of 30 years, and thereupon the enrolled forested property shall be removed from the list of assessable property for the exemption period, except as provided in this chapter. An owner that maintains a commercial forest plantation in compliance with this chapter for 30 years may reapply for county tax exemption on the plantation in accordance with § 2603 of this title. This will constitute a new 30-year period of tax exemption on the plantation.
3 Del. C. § 717 — Delaware Code / Title 3 / Chapter 7 / Section 717
§ Â
        717. Penalty.
Status: in_force

Any person who violates any provision of this chapter or rule or regulation of an Agricultural Commodity Advisory Board promulgated pursuant to the sections of this chapter is guilty of a class C misdemeanor. Justices of the peace shall have jurisdiction over all offenses under this chapter.
3 Del. C. § 7321 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7321
§ Â
        7321. Blood test upon request of owner.
Status: in_force

The Department of Agriculture may take under supervision, whenever the Department deems it advisable, such herds of cattle as the owners request, for the conducting of the blood test for Bang’s disease (brucellosis), if the owners requesting this service agree to conform to the rules and regulations promulgated by the Department of Agriculture for the control and eradication of the disease.
3 Del. C. § 910 — Delaware Code / Title 3 / Chapter 9 / Subchapter II / Section 910
§ Â
        910. Agricultural use protections.
Status: in_force

(a) Normal agricultural uses and activities conducted in a lawful manner are preferred and priority uses and activities in Agricultural Preservation Districts. In order to establish and maintain a preference and priority for such normal agricultural uses and activities and avert and negate complaints arising from normal noise, dust, manure and other odors, the use of agricultural chemicals and nighttime farm operations, land use adjacent to Agricultural Preservation Districts shall be subject to the following restrictions:

(1) For any new subdivision development located in whole or in part within 300 feet of the boundary of an Agricultural Preservation District, the owner of the development shall provide in the deed restrictions and any leases or agreements of sale for any residential lot or dwelling unit the following notice:

“AGRICULTURAL PRESERVATION DISTRICT

This property is located in the vicinity of an established Agricultural Preservation District in which normal agricultural uses and activities have been afforded the highest priority use status. It can be anticipated that such agricultural uses and activities may now or in the future involve noise, dust, manure and other odors, the use of agricultural chemicals and nighttime farm operations. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience which may result from such normal agricultural uses and activities.”

(2) For any new subdivision development located in whole or in part within 50 feet of the boundary of an Agricultural Preservation District, no improvement requiring an occupancy approval shall be constructed within 50 feet of the boundary of the Agricultural Preservation District.

(b) Normal agricultural uses and activities conducted in accordance with good husbandry and best management practices in Agricultural Preservation Districts shall be deemed protected actions and not subject to any claim or complaint of nuisance, including any such claims under any existing or future county or municipal code or ordinance. In the event a formal complaint alleging nuisance related to normal agricultural uses and activities is filed against an owner of lands located in an Agricultural Preservation District, such owner, upon prevailing in any such action, shall be entitled to recover reasonably incurred costs and expenses related to the defense of any such action, including reasonable attorney’s fees.
3 Del. C. § 2902 — Delaware Code / Title 3 / Chapter 29 / Section 2902
§ Â
        2902. Definitions.
Status: in_force

As used in this chapter:

(1) “Invasive plant” means any living part, cultivar, variety, species, or subspecies not native to Delaware identified by the Secretary as having the potential to do all of the following:

a. Result in widespread dispersal and establishment.

b. Out-compete other species in the same area.

c. Exhibit rapid growth or high seed or propagule productions.

d. Become established in natural areas in the State.

(2) “Secretary” means the Secretary of the Delaware Department of Agriculture.
3 Del. C. § 703 — Delaware Code / Title 3 / Chapter 7 / Section 703
§ Â
        703. Definitions.
Status: in_force

For the purpose of this chapter:

(1) “Agricultural commodity” means any agricultural product, including, but not limited to, plants and animals and plant and animal products, grown, raised or produced within the State for use as food, feed, seed or any aesthetic, industrial or chemurgic purpose.

(2) “Commercial channels” means the processes of the sale of any agricultural commodity to any commercial buyer, dealer, processor, cooperative or to any person, public or private, who resells such commodity or any product produced from such commodity for storage, slaughter, processing or distribution.

(3) “Person” means any individual, corporation, association, cooperative, partnership or organized group of persons whether incorporated or not.

(4) “Board” or “Advisory Board” means the boards created under this chapter in connection with the organization of producers as herein provided.

(5) “First purchaser” means any person that buys agricultural commodities for movement into commercial channels from the producer; or any lienholder, secured party or pledgee, public or private, or assignee of said lienholder, secured party or pledgee, who gains title to the agricultural commodity from the producer as the result of exercising any legal rights by the lienholder, secured party, pledgee or assignee thereof, regardless of when the lien, security interest or pledge was created.

(6) “Secretary” means the Secretary of Agriculture of the State.

(7) “Producer” means any person who owns or operates an agricultural producing or growing facility for the agricultural commodity under consideration for referendum and shares in the profits and risks of loss from such facility, and who grows, raises, feeds or produces said agricultural commodity in Delaware during the current marketing year.

(8) “Qualified voter” means any person who would be subject to the payment of fees imposed to finance the activities described in this chapter.

(9) “Development order” means an order issued by the Secretary with the advice and consent of an Agricultural Commodity Advisory Board pursuant to this chapter.

(10) “Sale” means any passing of commodity title from the producer to the first purchaser. Sale includes any pledge, security interest or lien.
3 Del. C. § 10056 — Delaware Code / Title 3 / Chapter 100 / Subchapter IV / Section 10056
§ Â
        10056. Tax on pari-mutuel and totalizator pools; special fund.
Status: in_force

(a) Every person engaged in the business of conducting a harness racing meet under this chapter shall pay as a tax to this State an amount equal to ¾ of 1 percent of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day prior to January 1, 1981, on any and every racetrack licensed under this chapter and on all races that day at such tracks during any such day when a pari-mutuel racing meet (not including daytime thoroughbred racing) is being conducted outside this State within 75 miles of such person’s harness racing meet.

(b) Every person engaged in the business of conducting a harness racing meet under this chapter shall pay as a tax to this State a percentage of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day prior to January 1, 1981, on any and every racetrack licensed under this chapter and on all races that day at such track during any such day when no pari-mutuel racing meet (not including daytime thoroughbred racing) is being conducted within 75 miles of such person’s harness racing meet.

The percentage of such pari-mutuel and totalizator pools to be paid as such tax shall be as follows:

(1) Three-quarters of 1 percent of the first $400,000 of daily contributions to such pools or any portion thereof; plus

(2) Three percent of daily contributions to such pools in excess of $400,000 up to $600,000; plus

(3) Five and one-half percent of daily contributions to such pools in excess of $600,000.

(c) On each racing day to which subsection (b) of this section is applicable when the total contributions to all pari-mutuel and totalizator pools conducted or made at any racetrack licensed under this chapter exceed $400,000, every person engaged in the business of conducting a racing meet under this chapter shall pay as an additional tax to this State:

(1) Two percent of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day on any and every racetrack licensed under this chapter where the patron is required to select 2 or more horses in a single race having a field of 8 or less horses declared “in to go” by the track judges or where the patron is required to select 2 or more horses in more than 1 race where all of such races have a field of 8 or less horses declared “in to go” by the track judges.

(2) Four percent of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day on any and every racetrack licensed under this chapter where the patron is required to select 2 or more horses in a single race having a field of 9 or more horses declared “in to go” by the track judges or where the patron is required to select 2 or more horses in more than 1 race where either 1 or more of such races has a field of 9 or more horses declared “in to go” by the track judges.

(3) One half of the odd cents of all redistributions to be made on pari-mutuel or totalizator pool contributions exceeding the sum equal to the lowest multiple of 10, such odd cents to be calculated on the basis of each dollar wagered. If a minus pool is created, the break shall be to the lowest multiple of 5.

(d) The State Treasurer shall deposit the money received pursuant to subsections (a), (b) and (c) of this section in the General Fund of this State. In addition (except as hereinafter provided), every person engaged in the business of conducting a harness race meet under this chapter shall pay an amount equal to ½ of 1 percent of all contributions to all pari-mutuel and totalizator pools conducted or made on any and every racetrack licensed under this chapter and every race at such track, and the State Treasurer shall deposit such amount to a special fund called the “Delaware Standardbred Development Fund.” All fees received pursuant to §§ 564(b) and 567 of Title 28 shall also be deposited to said special fund. Said special fund shall be administered pursuant to subchapter V of Chapter 5 of Title 28.

(e) Where the total contributions to pari-mutuel and totalizator pools conducted or made at a racing meet or meets during any fiscal year of any person licensed under this chapter commencing subsequent to 1978 average $300,000 or less per day during such fiscal year and the licensee conducting such meet or meets sustained a loss before taxes on income for such fiscal year, which loss shall be determined from a certificate from the licensees’ independent public accountants and confirmed by the Delaware Harness Racing Commission, the licensee shall not be required to pay the additional amount set forth in subsection (d) of this section, for the meet or meets conducted in the fiscal year immediately following the fiscal year in which the loss occurred, to the extent of the loss sustained in the preceding year, nor shall the licensee be required to increase the base upon which purse money is computed to any amount greater than the base upon which the licensee would have computed the amount of purse money under the law in effect during the licensee’s fiscal year ending in 1978.

(f) The tax payable under this section shall be computed daily and shall be paid by certified check on a weekly basis. Each check shall be transmitted by the licensee to the Secretary of Finance no later than Wednesday following the week for which the tax is due. Such tax is imposed upon and payable by the licensee and shall not be taken into account in determining the amount of any pari-mutuel or totalizator pool which is available for distribution among the contributors to such pool.
3 Del. C. § 8217 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8217
§ Â
        8217. Definitions.
Status: in_force

Transferred to § 3013F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 1605 — Delaware Code / Title 3 / Chapter 16 / Subchapter I / Section 1605
§ Â
        1605. Certification of commercial grain elevators, grain warehouses and other grain storage facilities.
Status: in_force

Every commercial grain elevator, grain warehouse or other grain storage facility shall be certified by the Department to meet minimum standards of performance. These standards shall be determined by the Department.
3 Del. C. § 2407 — Delaware Code / Title 3 / Chapter 24 / Section 2407
§ Â
        2407. Penalties.
Status: in_force

(a) Any person who interferes with the Department of Agriculture in the enforcement of this chapter as determined in an administrative hearing, shall be assessed a civil penalty of no less than $50 nor more than $500 on each count.

(b) Any person who refuses to comply with the provisions of this chapter shall be assessed a civil penalty of a minimum of $100 or $25 per acre of land upon which noxious weeds have set seed, whichever is greater.

(c) The proceeds of any fines or penalties imposed under this chapter shall be deposited into an appropriated special fund account in the Department of Agriculture. These funds shall be used to support the noxious weed eradication programs of the Department of Agriculture.
3 Del. C. § 1002 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1002
§ Â
        1002. State Forestry Fund.
Status: in_force

(a) The State Forestry Fund is continued, to which shall be credited all amounts appropriated by the General Assembly of the State for the administration of Chapters 10, 26 and 91 of this title and all amounts received through cooperation with the United States government under the act of Congress known as the Clarke-McNary Act [16 U.S.C. § 471a et seq.], as well as all other moneys to which the Department of Agriculture or the State Forestry Fund is entitled.

(b) All revenue derived from the sale of products from state forests and from land under the administration of the Department of Agriculture, as well as all collected fees, shall be paid to the State Treasurer and credited by the Treasurer to the State Forestry Fund for use in connection with state forests.
3 Del. C. § 1313 — Delaware Code / Title 3 / Chapter 13 / Section 1313
§ Â
        1313. Civil penalties.
Status: in_force

(a) The civil penalty for violation of any section of this chapter not already stated will be 1 or more of the following:

(1) The assessment of a civil penalty of no less than $100 nor more than $1000 on each count.

(2) The confiscation or destruction of any and all plants, plant materials, or nursery stock found on the premises or contained in the shipment in question.

(3) The suspension or revocation of their current nursery license or any future operation privileges granted under this chapter.

(b) Any person who violates any section of this chapter or interferes with the Department or its representatives in the enforcement of this chapter, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1000 on each count.

(c) The proceeds of any fines or penalties imposed under this chapter shall be deposited into an appropriated special fund account in the Department of Agriculture. These funds shall be used to support the nursery inspection programs of the Department of Agriculture.
3 Del. C. § 2106 — Delaware Code / Title 3 / Chapter 21 / Section 2106
§ Â
        2106. Inspection fees and tonnage reports.
Status: in_force

(a) (1) There shall be paid to the Department for all commercial fertilizers or soil conditioners distributed in this State to nonregistrants an inspection fee at the following rate:

a. Ten cents per ton through December 31, 2021.

b. Not less than 15 cents per ton effective January 1, 2022.

c. Not less than 20 cents per ton effective January 1, 2023.

d. Not less than 25 cents per ton effective January 1, 2024.

(2) Sales to manufacturers or exchanges between them are exempt from the fee under paragraph (a)(1) of this section.

(3) Fees collected under paragraph (a)(1) of this section must be paid to the Department, which shall deposit the same in an appropriated special fund account in the Department.

(4) On individual packages of commercial fertilizer or soil conditioners containing 10 pounds or less, there shall be paid, in lieu of the annual registration fee of $1.15 per each grade of each brand and the inspection fee, an annual registration fee and inspection fee of $40 for each grade of each brand of fertilizer and soil conditioners sold or distributed. Where a person sells commercial fertilizer or soil conditioners in packages of 10 pounds or less and in packages over 10 pounds, this annual registration and inspection fee of $40 applies only to that portion sold in packages of 10 pounds or less, and that portion sold in packages over 10 pounds is subject to the same inspection fee as provided in this chapter.

(b) (1) Every person who distributes a commercial fertilizer or soil conditioner in this State shall file with the Department on forms furnished by the Department a semiannual statement for the periods ending December 31, and June 30, setting forth the number of net tons of each commercial fertilizer or soil conditioner distributed in this State during that period. The report shall be due on or before the last day of the month following the close of each period and with such statement the inspection fee shall be filed according to the rate set forth in subsection (a) of this section.

(2) If the tonnage report is not filed and the payment of inspection fee is not made within 30 days after the end of each period, a surcharge equal to 10%, with a minimum of $10, per month of the amount shall be assessed against the registrant, and the Department shall have a lien against the registrant for the amount owed, including surcharge.

(c) When more than 1 person is involved in the distribution of a commercial fertilizer or soil conditioner, the last person who has the fertilizer or soil conditioner registered and who distributes to a nonregistrant dealer or consumer, is responsible for reporting the tonnage and paying the inspection fee, unless the report and payment have already been submitted by a prior distributor of a fertilizer or soil conditioner.

(d) The Department may not disclose publicly any information furnished under this section in such a way as to divulge confidential information about the business operation of anyone.

(e) Fees collected under this section must be used for the payment of the costs of inspection, sampling, and analysis, and other expenses necessary for the administration of this chapter.
3 Del. C. § 8220 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8220
§ Â
        8220. Preadoption spay/neuter mandate.
Status: in_force

Transferred to § 3016F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 2115 — Delaware Code / Title 3 / Chapter 21 / Section 2115
§ Â
        2115. Cancellation of registrations.
Status: in_force

The Department may cancel the registration of any brand of commercial fertilizer or soil conditioner or refuse to register any brand of commercial fertilizer or soil conditioner as herein provided, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of this chapter or any rules and regulations promulgated thereunder; provided that no registration shall be revoked or refused until the registrant shall have been given the opportunity to appear for a hearing by the Secretary.
3 Del. C. § 7507 — Delaware Code / Title 3 / Chapter 75 / Section 7507
§ Â
        7507. False information; interference with Apiarist or inspectors.
Status: in_force

No person shall give false information in any matter pertaining to this chapter, or hinder or resist the State Apiarist or the inspector in the discharge of his or her duties.
3 Del. C. § 1901 — Delaware Code / Title 3 / Chapter 19 / Section 1901
§ Â
        1901. Title.
Status: in_force

This chapter shall be known as “The Delaware Agricultural Liming Materials Act.”
3 Del. C. § 8506 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8506
§ Â
        8506. Reincorporation of foreign associations; procedure; effect.
Status: in_force

(a) Cooperative agricultural associations or corporations created by or under the laws of any other state, doing business in this State, and in which 3 or more of the stockholders are citizens of this State, and which are organized and operating under laws similar to this chapter, may become corporations of this State under this chapter by preparing, having approved and recorded a certificate which shall state:

(1) The name of the corporation, which shall include or be changed to include the word “cooperative”;

(2) Its purpose, which shall include 1 or more of the class of services enumerated in § 8507 of this title;

(3) The principal place where its business is to be transacted, which shall be within this State, and at which it keeps a record of the names and residences of the stockholders and the number of shares held by each;

(4) The term for which it is to exist;

(5) The number of stockholders and the total number of shares of stock outstanding;

(6) The number of its directors, and the names and residences of those elected for the current year, and the name and residence of the treasurer;

(7) The amount of its capital stock, and the number and par value of the shares into which it is divided;

(8) The name of the state and the name and citation of the statute or legislation under which it was originally created;

(9) Its financial condition at the date of the certificate, showing capital stock paid in, funded debt, floating debt, estimated value of property and cash assets, if any.

(b) The certificate shall be accompanied by another certificate, under the seal of the corporation, showing the consent of a majority in interest of the corporation to the application for a charter and to a renunciation of its original charter and of all privileges not enjoyed by corporations under this chapter under the laws of this State.

(c) Both certificates shall be acknowledged by at least 3 of the directors of the corporation before the recorder of deeds of the county in which the chief operations are to be carried on or in which the principal office is situated. The directors shall also make and subscribe an oath or affirmation before the recorder of deeds to be endorsed on the certificates that the statements contained therein are true. The certificates shall then be produced to the Secretary of State, who shall examine the same, and, if he or she finds the certificates to be in proper form and within the purposes named for associations under this chapter, he or she shall approve them, and endorse his or her approval thereon, and direct a certificate of incorporation to issue in the usual form incorporating the stockholders and their successors into a body politic and corporate, in deed and in law, by the name chosen. The certificate of incorporation shall be filed in the office of the Secretary of State, and a certified copy thereof, with all its endorsements, shall then be recorded in the office for the recording of deeds in and for the county where the chief operations are to be carried on.

(d) From the date of the certificate of incorporation, the foreign association or corporation shall be, and exist as, a corporation of this State under the provisions of this chapter and of its charter. All rights, privileges, powers, immunities, lands, property and assets of whatever kind or character possessed and owned by the original corporation, shall vest in and be owned and enjoyed by the corporation so created as fully and with like effect as if its original charter had remained in force, save as by general law and by its certificate of incorporation is expressly stated otherwise. All suits, claims and demands by the corporation, in existence at the date of the new charter, shall and may be sued, prosecuted, and collected under the laws governing the corporation prior to its new charter. Claims and demands of every nature and character in existence at the date of the new charter may be collected from and of the newly chartered corporation as fully and with like effect as if no change had taken place.
3 Del. C. § 3147 — Delaware Code / Title 3 / Chapter 31 / Subchapter IV / Section 3147
§ Â
        3147. Jurisdiction of offenses.
Status: in_force

Justices of the peace shall have jurisdiction of offenses under this subchapter.
3 Del. C. § 8101 — Delaware Code / Title 3 / Chapter 81 / Section 8101
§ Â
        8101. Inspection of exotic avian species; name of seller; bills of sale.
Status: in_force

The Department of Agriculture or its duly authorized agent may enter and inspect any premises where exotic avian species are kept or harbored, for the purpose of examining such birds in any way that is deemed necessary to determine if any of them are infected with or have been exposed to a contagious or infectious disease capable of affecting poultry. The owner or custodian shall make available to the inspector the name of the person from whom such birds were acquired or purchased and a copy of the bill of sale for each shipment. All bills of sale for such shipments shall be kept on file by such owner or custodian for a period of 1 year from the date of acquisition or purchase.
3 Del. C. § 8715 — Delaware Code / Title 3 / Chapter 87 / Section 8715
§ Â
        8715. Inspection and seal.
Status: in_force

(a) No inspection of products placed in any container at any official establishment shall be deemed to be complete until the products are sealed or enclosed therein under the supervision of an inspector.

(b) For purposes of any inspection of products required by this chapter, inspectors authorized by the Secretary shall have access at all times, by day or night, to every part of every establishment required to have inspection under this chapter, whether the establishment is operated or not.
3 Del. C. § 7333 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7333
§ Â
        7333. Quarantine of cattle of owners not participating in area plan.
Status: in_force

When 75 percent of the cattle owners in any county, hundred, district or other designated area have tested herds of cattle or have filed petitions and agreements with the Department of Agriculture for the Bang’s disease testing of their cattle under the area or any other plan of testing approved by the Department, the Department may quarantine all cattle on the premises of the remaining 25 percent and may quarantine all products from such cattle, so that no cattle or products may be removed from such premises. When the owner of such cattle has complied with all rules and regulations or orders of the Department of Agriculture, the Department may remove the quarantine.
3 Del. C. § 3509 — Delaware Code / Title 3 / Chapter 35 / Section 3509
§ Â
        3509. Sale of eggs unfit for human consumption.
Status: in_force

No person shall offer for sale, sell, trade or otherwise exchange eggs for human consumption which are classified inedible or loss eggs as defined by the United States Department of Agriculture rules and regulations on eggs.
3 Del. C. § 802 — Delaware Code / Title 3 / Chapter 8 / Section 802
§ Â
        802. Purpose.
Status: in_force

It is the declared purpose of this Program to support, encourage, and promote agriculture production in Delaware as a valued and viable occupation. Promoting and supporting the State’s agricultural producers is essential to maintaining agriculture as a viable industry and important contributor to Delaware’s economy. To ensure long-term agricultural production in Delaware it is necessary to adopt and implement an effective permanent program for yield and revenue insurance assistance for Delaware agricultural producers. It is further recognized that a need exists to create sufficient economic incentives to encourage agricultural production given its vulnerability to weather, environmental and economic conditions that can result in low crop yields, and insufficient revenue, making farming unprofitable and unsustainable. It is the purpose and intent of the General Assembly to provide for the creation of a permanent yield and revenue insurance assistance program to serve the long-term needs of producers in Delaware.
3 Del. C. § 806 — Delaware Code / Title 3 / Chapter 8 / Section 806
§ Â
        806. Funding.
Status: in_force

Funding appropriated for this program may be used for the implementation and administration of this Program. Any annual unexpended funds appropriated for this Program will remain with the Program and will not revert to the General Fund of the State.
3 Del. C. § 7502 — Delaware Code / Title 3 / Chapter 75 / Section 7502
§ Â
        7502. State Apiarist and inspectors; appointment, duties and powers.
Status: repealed

(a) The Department of Agriculture shall appoint a competent State Apiarist, who shall have adequate experience in practical beekeeping, and who shall work under the supervision of the Department.

(b) The State Apiarist shall promote the science of beekeeping by educational and other means, and shall inspect or cause to be inspected apiaries, bees and beekeeping equipment and appliances within the State.

(c) [Repealed.]

(d) Upon the written request of 1 or more beekeepers in any county of the State, the State Apiarist or the inspector shall within a reasonable time examine the bees in that locality suspected of being infested or infected with any bee disease, mite, exotic mite or Africanized honey bee, and if the bees are found to be infested or infected, the State Apiarist or inspector shall cause suitable approved measures to be taken for the eradication or control of the disease, mite, exotic mite or Africanized honey bee.

(e) The State Apiarist or the inspectors shall examine bees and known apiaries in the State, and if any are found to be infested or infected by a disease, mite, exotic mite or Africanized honey bee, the State Apiarist shall cause suitable approved steps to be taken for eradication or control of the disease, mite, exotic mite or Africanized honey bee.
3 Del. C. § 301 — Delaware Code / Title 3 / Chapter 3 / Section 301
§ Â
        301. Duties.
Status: in_force

The Department of Agriculture shall:

(1) Investigate the cost of production and marketing in all its phases;

(2) Gather and disseminate information concerning supply, demand, prevailing prices, and commercial movements, including common and cold storage of food products;

(3) Promote, assist and encourage the organization and operation of cooperative and other associations and organizations for improving the relations and services among producers, distributors and consumers of food products;

(4) Investigate the practice and methods and any specific transactions of commission merchants and others who receive, solicit, buy, handle on commission, or otherwise, food products;

(5) Act as mediator or arbitrator, when invited, in any controversy or issue that arises between producers and distributors and which affects the interest of the consumer;

(6) Act on behalf of the consumer in conserving and protecting the consumer’s interests against excessive prices;

(7) Act as market adviser for producers and distributors, assisting them in economical and efficient distribution of food products at fair prices;

(8) Encourage the establishment of retail municipal markets and develop direct dealing between producers and consumers;

(9) Encourage the consumption of Delaware grown products within the State;

(10) Inspect and determine the grade and condition of farm produce both at collecting and receiving centers; and

(11) Take such means and use such powers, relative to shipment, transportation and storage of foodstuffs of any kind, as may be necessary and as it deems advisable or desirable in case of an emergency creating or threatening to create a scarcity of food within the State.
3 Del. C. § 8208 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8208
§ Â
        8208. Responsibility and liability of owner of dog, cat, or ferret for quarantine when dog, cat, or ferret is known or suspected to have exposed a human being to rabies.
Status: in_force

(a) Quarantine at time of exposure. — The owner of any dog, cat, or ferret that is known or suspected to have exposed a human being to rabies shall place the dog, cat, or ferret under a strict quarantine for a period of at least 10 days commencing at the time of the exposure. Any person who fails to comply with this subsection shall be fined not less than $25 nor more than $100.

(1) If the owner of the dog, cat, or ferret can provide proof of a currently valid rabies vaccination, that dog, cat, or ferret may be placed under a strict quarantine on the premises of the owner or custodian.

(2) If the owner of the dog, cat, or ferret cannot provide proof of a currently valid rabies vaccination, that dog, cat, or ferret must be quarantined by a veterinarian, kennel, or other facility approved by the Department. The cost of quarantine in this instance is to be borne by the owner of the dog, cat, or ferret.

(3) If the owner of that dog, cat, or ferret cannot show proof of a valid rabies vaccination, the quarantine period shall be extended beyond the 10 days until such time that the dog, cat, or ferret has been examined by a licensed veterinarian and a rabies vaccine has been administered to that dog, cat, or ferret by a licensed veterinarian. The dog, cat, or ferret must not be vaccinated during the initial 10-day strict quarantine period.

(4) In cases where the behavioral disposition of the dog, cat, or ferret poses a public health danger which renders quarantine of the animal unsafe for its caregivers, the Division, in consultation with the Department and the attending veterinarian, may elect to forego the 10 day strict quarantine and euthanize the patient and submit the brain for rabies testing.

(b) Quarantine after notice of exposure. — An owner who fails to place under strict quarantine any dog, cat, or ferret that exposes a human being to rabies after being notified that the exposure occurred and of the quarantine requirements must quarantine the dog, cat, or ferret in an approved place and manner. An owner failing to quarantine the dog, cat, or ferret shall be fined not less than $100 nor more than $200.

(c) Reporting of conditions of quarantine. — (1) The owner of a dog, cat or ferret quarantined pursuant to this chapter is responsible for reporting the facts by telephone to the Division or a licensed veterinarian, if that dog, cat, or ferret shows marked behavior changes, escapes, sickens, or dies during the quarantine period. If the quarantined animal dies, escapes or for any other reason is not available to complete the quarantine period, the owner shall immediately notify the Division by telephone within 12 hours, to be followed by a signed, notarized affidavit stating the reason for the animal’s unavailability to complete the quarantine period. This affidavit must be submitted within 7 days of the animal’s disappearance or death to the Division.

(2) Any veterinarian, approved kennel or other person having knowledge of a quarantined dog, cat or ferret which shows marked behavior changes, escapes, sickens, or dies shall report the facts to the Division by telephone within 12 hours.

(3) Any person failing to comply with the provisions of this subsection shall be fined not less than $50 nor more than $200.

(d) Disposition during quarantine. — A dog, cat, or ferret under quarantine may not be moved from the place of quarantine, killed, given away, or otherwise disposed of without the written permission of the Division of Public Health or Department of Agriculture.

(e) Surrender of dogs, cats, or ferrets for quarantine. — A person may not fail or refuse to surrender any dog, cat or ferret for quarantine or destruction as required in this section when demand is made by written order of the Department of Agriculture or Division.

(f) Law-enforcement canines. —

Notwithstanding any other provision of this chapter, a police dog from any recognized law-enforcement agency is not subject to being quarantined after biting any person, if such bite occurred while the dog was being used for a law-enforcement purpose and the dog is current on its rabies vaccination. The law-enforcement agency shall notify the Division by telephone if the dog shows marked behavior changes, escapes, sickens, or dies.
3 Del. C. § 8214 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8214
§ Â
        8214. Short title.
Status: in_force

Transferred to § 3010F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 3123 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3123
§ Â
        3123. Purchase of milk or cream by state institutions.
Status: in_force

Whenever a state institution purchases milk or cream pursuant to competitive bids based on the butterfat contents of the milk or cream supplied or to be supplied pursuant to such bid or bids, the tests to determine the butterfat contents thereof shall be made pursuant to and in compliance with the testing requirements provided under this subchapter. Whenever any bid has been accepted by any state institution to supply milk or cream or both of a required percentage of butterfat, the successful bidder shall be deemed to be in compliance with the requirements of the bid whenever any tests of the milk or cream shall be made, and such tests to determine the amount of the butterfat in such milk or cream or both shall be made pursuant to and in compliance with the provisions of this subchapter. The successful bidder shall not be required to satisfy any other tests made by any other sources than those prescribed under this subchapter.
3 Del. C. § 2001 — Delaware Code / Title 3 / Chapter 20 / Section 2001
§ Â
        2001. Definitions.
Status: in_force

For purposes of this chapter, “State-owned agricultural land” means land of 10 acres or more that is owned by this State or a political subdivision of this State and that is used or intended to be used for “agricultural use,” as defined under § 902 of this title.
3 Del. C. § 8209 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8209
§ Â
        8209. Disposition and quarantine of animal other than dog, cat, or ferret which exposes a human being to rabies.
Status: in_force

(a) Destruction or quarantine. — When an animal, other than a dog, cat, or ferret, exposes a human being to rabies, the Division or the Department may require the destruction of the animal for rabies testing, or the quarantine of the animal in an approved place and manner.

(b) Surrender of animal. — A person may not fail or refuse to surrender said animal for quarantine or destruction as required in this section when demand is made by written order of the Department or the Division.

(c) Report of behavior changes, escapes, etc. — Any person having knowledge of an animal, quarantined under the provisions of this section, which shows marked behavior changes, escapes, sickens, or dies, shall report the facts to the Department by telephone.

(d) Penalty. — Any person interfering with the provisions of this section shall be fined not less than $100 nor more than $200.
3 Del. C. § 6308 — Delaware Code / Title 3 / Chapter 63 / Section 6308
§ Â
        6308. Violation of vaccination requirements; penalties.
Status: in_force

Whoever violates § 6306 of this title, or any of the regulations established by the Department of Agriculture under § 6307 of this title, shall, for each offense, be fined not less than $10 nor more than $100, or imprisoned not less than 5 nor more than 30 days, or both.
3 Del. C. § 8717 — Delaware Code / Title 3 / Chapter 87 / Section 8717
§ Â
        8717. Forfeiture of certain goods, products or animals.
Status: in_force

(a) Any livestock product or poultry product or any dead, dying, disabled, or diseased livestock or poultry that is being transported in intrastate commerce or is otherwise subject to the chapter, or is held for sale in this State after such transportation, and that (1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (2) is capable of use as human food and is adulterated or misbranded, or (3) in any other way is in violation of this chapter shall be liable to be proceeded against and seized and forfeited at any time, as provided in this section.

(b) Any property subject to forfeiture under this chapter may be seized by the Department upon process issued by the Superior Court, except that seizure without such process may be made when:

(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;

(2) The property subject to seizure has been the subject of a prior judgment in favor of the State in an injunction or forfeiture proceeding under this chapter;

(3) The Department has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or,

(4) The Department has probable cause to believe that the property has been used or intended to be used in violation of this chapter.

(5) In the event of seizure pursuant to paragraph (3) and (4) of this subsection, proceedings under subsection (d) of this section shall be instituted promptly.

(c) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Department subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under the provisions of this chapter, the Department may:

(1) Place the property under seal;

(2) Remove the property to a place designated by it; or

(3) Take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(d) Whenever property is forfeited under this chapter, the Department may:

(1) Retain the property for official use;

(2) Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for payment of all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising and court costs. Any remaining proceeds shall be deposited in the General Fund;

(3) Take custody of the property and remove it for disposition in accordance with law; or

(e) The article or animal shall not be sold contrary to the provisions of this chapter, or the Federal Meat Inspection Act [21 U.S.C. § 601 et seq.] or the federal Poultry Products Inspection Act [21 U.S.C. § 451 et seq.] or the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.]; provided, that upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the Secretary as is necessary to insure compliance with the applicable laws. When a decree of forfeiture is entered against the article or animal and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal.

(f) This section shall in no way derogate from authority for condemnation, forfeiture, or seizure conferred by other provisions of this chapter, or other laws.
3 Del. C. § 1503 — Delaware Code / Title 3 / Chapter 15 / Section 1503
§ Â
        1503. Label requirements; tree and shrub seeds.
Status: in_force

(a) (1) In addition to the information required under § 1502 of this title, each container of tree and shrub seed must contain all of the information under this section.

(2) Tree and shrub seed supplied under a contractual agreement may be labeled by an invoice accompanying the shipment or by an analysis tag attached to the invoice, if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not identified by a lot number must carry complete labeling under this section.

(b) The label for all tree and shrub seeds must provide all of the following:

(1) The common name of the species of seed, and subspecies, if appropriate.

(2) The scientific name of the genus and species, and subspecies if appropriate.

(3) Lot number or other lot identification.

(4) Origin, as follows:

a. For seed collected from a predominantly indigenous stand, the area of collection by latitude and longitude, geographic description, or political subdivision, such as state or county.

b. For seed collected from other than a predominantly indigenous stand, state either of the following:

1. The area of collection and the origin of the stand.

2. “Origin not Indigenous.”

(5) The elevation or the upper and lower limits of elevation within which the seed was collected.

(6) Purity as a percentage of pure seed by weight.

(7) For seeds of species for which standard germination testing procedures are prescribed by the Department, all of the following:

a. Percentage germination exclusive of hard seed.

b. Percentage of hard seed, if present.

c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (b)(7)a. through (b)(7)b. of this section.

(8) For seeds of species for which standard germination testing procedures are prescribed by the Department and the germination testing has not been completed, the following statement: “Test is in process, results will be supplied upon request.”

(9) For seeds of species for which standard germination testing procedures have not been prescribed under this chapter, the calendar year in which the seed was collected.

(10) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.
3 Del. C. § 1711 — Delaware Code / Title 3 / Chapter 17 / Section 1711
§ Â
        1711. Detained commercial feeds; âwithdrawal from distributionâ orders; condemnation and confiscation.
Status: in_force

(a) When the Department or its authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of this chapter or of any of the regulations promulgated under this chapter, it may issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the Department or the Court. The Department shall release any lot of commercial feeds so withdrawn when such distributor has complied with this chapter and the regulations issued hereunder. If compliance is not obtained within 30 days, the Department may begin, or upon request of the distributor shall begin, proceedings for condemnation.

(b) Any lot of commercial feed not in compliance with this chapter or regulations promulgated hereunder shall be subject to seizure on complaint of the Department to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of this chapter or regulations promulgated hereunder and orders the condemnation of said commercial feed, the same shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the State; provided, that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with this chapter.
3 Del. C. § 3503 — Delaware Code / Title 3 / Chapter 35 / Section 3503
§ Â
        3503. Official quality grades and weight classes.
Status: in_force

The standards, grades, weight classes and tolerance for individual shell eggs adopted by the United States Department of Agriculture, Poultry Division of the Agricultural Marketing Service are adopted as the official standards, grades, weight classes and tolerance for this State. Such adopted standards apply to consumer grades only. Supplements to, and revisions of, the United States Department of Agriculture’s standards, grades, weight classes and tolerance shall serve to effect similar changes in the standards, grades, weight classes and tolerance for this State.

Official standards for quality for individual shell eggs are:

Grade AA;

Grade A;

Grade B;

Unclassified.
3 Del. C. § 2901 — Delaware Code / Title 3 / Chapter 29 / Section 2901
§ Â
        2901. Purpose.
Status: in_force

The purpose of this chapter is to prohibit invasive plant species at their point of sale or delivery into this State.
3 Del. C. § 7309 — Delaware Code / Title 3 / Chapter 73 / Subchapter I / Section 7309
§ Â
        7309. Payment for cattle condemned for tuberculosis.
Status: in_force

The Department of Agriculture may pay out of the funds appropriated by the General Assembly of the State one half of the difference between the appraised value and the salvage of all cattle that are condemned for tuberculosis by the Department of Agriculture or a veterinarian of the United States Bureau of Animal Industry working in cooperation with the Department of Agriculture. All cattle condemned for tuberculosis shall be appraised in a manner prescribed by the Department of Agriculture. No payment as compensation for any tubercular animal destroyed shall exceed two thirds of the difference between the appraised value of such animal and the value of the salvage thereof; and in no case shall any payment hereunder be more than $125 for any grade animal or more than $150 for any purebred animal, and no payment shall be made unless the owner has complied with all lawful quarantine regulations.
3 Del. C. § 7327 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7327
§ Â
        7327. Tests of herds under state-federal supervision; disposition of reactors.
Status: in_force

When any owner of cattle in the State places the owner’s herd of cattle under state-federal supervision for the eradication of Bang’s disease, and signs the federal agreements for the testing of the owner’s herd, the blood samples from the owner’s cattle shall be taken by a veterinarian designated by the Department of Agriculture and tested in the laboratory of the Department or a laboratory officially designated by the Department, by the agglutination test. All animals which show a positive reaction to this test shall be identified by a “reactor” ear tag and brand, and shall be slaughtered, under federal or state supervision. Animals showing a suspicious reaction to the agglutination test shall be held for 60 days and retested.
3 Del. C. § 503 — Delaware Code / Title 3 / Chapter 5 / Section 503
§ Â
        503. False analysis, penalty.
Status: in_force

Whoever, being the State Chemist, wilfully makes any false or untrue analysis, shall be fined not more than $100, and shall be imprisoned until the fine is paid.
3 Del. C. § 1504 — Delaware Code / Title 3 / Chapter 15 / Section 1504
§ Â
        1504. Prohibitions.
Status: in_force

(a) No person can sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, or tree and shrub seeds within this State if any of the following apply to the seeds:

(1) Unless otherwise specified under this chapter, if the seeds are subject to germination test requirements under this chapter, the test to determine the germination may be no more than 9 months from the date of test, exclusive of the month of test.

(2) Not labeled in accordance with this chapter or having false or misleading labeling.

(3) There has been false or misleading advertising.

(4) Contains prohibited noxious weed seeds, in excess of tolerances established under this chapter.

(5) Contains restricted noxious weed seeds per pound in excess of any of the following numbers:

a. Established under this chapter.

b. Declared on the label attached to the container of the seed or associated with the seed.

(6) Containing more than 1½% by weight of all weed seeds.

(7) The label contains names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality, or origin of the seed.

(8) A label or advertisement may not represent that the seed is certified seed or registered seed unless all of the following apply:

a. It has been determined by a seed certifying agency that the seed was produced, processed, and packaged, and conforms to the standards of purity as to kind, species, subspecies if appropriate, or variety, and also that tree seed was found to be of the origin and elevation claimed, in compliance with the rules and regulations of that agency.

b. That the seed bears an official label issued by a seed certifying agency stating that the seed is certified or registered.

(b) It is unlawful for any person within this State to do any of the following:

(1) Detach, alter, deface, or destroy any label required under this chapter or to alter or substitute seed in a manner that may defeat the purposes of this chapter.

(2) Disseminate any false or misleading advertisements concerning seeds subject to this chapter.

(3) Hinder or obstruct in any way, an authorized person’s performance of duties under this chapter.

(4) Fail to comply with a “stop sale” order or to move or otherwise handle or dispose of any lot of seed held under a “stop sale” order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified.

(5) Use the word “trace” as a substitute for any statement which is required.

(6) Use the word “type” in any labeling in connection with the name of any agricultural seed variety.
3 Del. C. § 7704 — Delaware Code / Title 3 / Chapter 77 / Section 7704
§ Â
        7704. Livestock disposition.
Status: in_force

(a) If the livestock is not claimed and all legal charges satisfied in accordance with this chapter within 7 days, the person having the livestock in charge shall have the option to turn over ownership for adoption or advertise the livestock to be sold at public sale.

(b) Notice of the livestock sale under subsection (a) of this section must be provided as follows:

(1) If the owner is unknown, by placing a notice giving the particulars of the sale in at least 2 forms of media, including 1 print, for a duration of 3 days.

(2) If the owner is known, by giving a copy of the notice to the owner of the livestock or by leaving the same with an adult person at the owner’s usual place of abode.

(c) At the time fixed in the advertisement, the person having the livestock in charge shall proceed to sell the livestock, but may postpone the sale for good and sufficient cause. The proceeds of the sale, after deducting all legal charges, must be turned over to the Department.

(d) The State and the Department make no representation as to the health of any livestock sold or adopted under this chapter and may not be held liable for any damages pursuant to the sale or adoption of livestock sold or adopted under this chapter.
3 Del. C. § 10101 — Delaware Code / Title 3 / Chapter 101 / Subchapter I / Section 10101
§ Â
        10101. Composition, appointment, qualifications and term; Chairman and Secretary; compensation; vacancies and reappointment.
Status: repealed

(a) The Delaware Thoroughbred Racing Commission (the Commission) shall consist of 5 members, hereafter in this chapter referred to as “Commissioners,” to be appointed by the Governor. The Thoroughbred Racing Commission and all employees in positions authorized in the Annual Appropriations Act assigned to the Thoroughbred Racing Commission shall report directly to the Secretary.

(b) Not more than 3 Commissioners shall be of the same political party. One Commissioner shall be appointed from each county of the State and shall be a bona fide resident of the county for which appointed. Each Commissioner shall be a qualified voter of this State, shall be not less than 30 years of age and shall have been a resident of this State for a period of at least 2 years prior to appointment. No person shall be appointed to the Commission nor be an employee thereof nor officiate at pari-mutuel meetings conducted in this State who is licensed or regulated, directly or indirectly, by the Commission other than for the position to which such person is appointed nor shall such person have any legal or beneficial interest, direct or indirect, pecuniary or otherwise, in any firm, association or corporation so licensed or regulated or which participates in pari-mutuel meetings in any manner nor shall such person participate in pari-mutuel meetings in any manner other than in such person’s official capacity. No person shall be a member of the Commission who is not of good moral character or who has been convicted of, or is under indictment for, a felony under the laws of Delaware or any other state, or the United States.

(c) The term of office of each Commissioner shall be 6 years from July 17 in the year of the Commissioner’s appointment and until the Commissioner’s successor shall qualify. In case any Commissioner is allowed to hold over after the expiration of the Commissioner’s term, the Commissioner’s successor shall be appointed for a term to expire on the date on which it would have expired had there been no holding over.

(d) The Governor shall designate 1 Commissioner to be Chairperson of the Commission and another Commissioner to be Secretary of the Commission.

(e) Members of the Thoroughbred Racing Commission shall receive a $150 stipend for each meeting. The Chairperson of the Commission shall receive $250 per meeting. The Commission shall meet no more than 16 times per year. Each Commissioner shall be entitled to be paid such Commissioner’s reasonable expenses for attending any meeting of the Commission.

(f) Vacancies in the Commission shall be filled by the Governor by appointment for the unexpired term. Each Commissioner shall be eligible for reappointment, in the discretion of the Governor.

(g) [Repealed.]
3 Del. C. § 10165 — Delaware Code / Title 3 / Chapter 101 / Subchapter IV / Section 10165
§ Â
        10165. Tax on pari-mutuel income.
Status: in_force

(a) Every person engaged in the business of conducting a racing meet under this chapter shall pay as a tax to this State three quarters of one percent of the licensee’s commissions on pari-mutuel and totalizator pools conducted on each racing day.

(b) The tax levied in subsection (a) of this section shall be paid by certified check on a weekly basis. Each such check shall be transmitted by the licensee to the Secretary of the Department of Finance no later than Wednesday following the week for which the taxes are due.
3 Del. C. § 8106 — Delaware Code / Title 3 / Chapter 81 / Section 8106
§ Â
        8106. Penalties.
Status: in_force

Any person who violates this chapter or any regulation established by the Department of Agriculture under this chapter shall be fined not less than $100 nor more than $1,000.
3 Del. C. § 10106 — Delaware Code / Title 3 / Chapter 101 / Subchapter I / Section 10106
§ Â
        10106. Secretaryâs duties.
Status: in_force

The Secretary of the Commission shall keep a record of all proceedings of the Commission and shall preserve all books, maps, documents and papers belonging to the Commission or entrusted to its care and perform such other duties as the Commission may prescribe.
3 Del. C. § 1710 — Delaware Code / Title 3 / Chapter 17 / Section 1710
§ Â
        1710. Regulations.
Status: in_force

The Department shall enforce this chapter, and after due publicity and due public hearing may promulgate and adopt such reasonable regulations as may be necessary in order to secure the efficient administration of this chapter. Publicity concerning the public hearing shall be reasonably calculated to give interested parties adequate notice and adequate opportunity to be heard.
3 Del. C. § 10204 — Delaware Code / Title 3 / Chapter 102 / Section 10204
§ Â
        10204. Entry into force, eligible parties, and withdrawal.
Status: in_force

This Compact shall come into force when enacted by any 4 states. Thereafter, this Compact shall become effective as to any other state upon both (i) that state’s enactment of this Compact and (ii) the affirmative vote of a majority of the officials on the Compact Committee as provided in § 10209 of this title.
3 Del. C. § 2905 — Delaware Code / Title 3 / Chapter 29 / Section 2905
§ Â
        2905. Acceptance of grants.
Status: in_force

The Department of Agriculture and the Department of Natural Resources and Environmental Control may accept, use, or expand a gift, grant, aid, or loan that may be available from any source, public or private, for the purposes of carrying out the provisions of this chapter.
3 Del. C. § 2282 — Delaware Code / Title 3 / Chapter 22 / Subchapter V / Section 2282
§ Â
        2282. Protection from enforcement.
Status: in_force

The Commission shall establish a list of best management practices for which funding is available from the Department and/or other local, state or federal agencies. Should any person be required under this chapter or regulations promulgated hereunder to undertake any of the activities for which funding is available and fail to receive funding due to insufficient funds available through those local, state or federal agencies, the Commission shall not begin any enforcement action under this title until such funding becomes available; provided, however, that the owner-operator must accept the first available funding after a period of 3 years, dated from nutrient management plan acceptance.
3 Del. C. § 10146 — Delaware Code / Title 3 / Chapter 101 / Subchapter III / Section 10146
§ Â
        10146. Aiding or abetting in unlicensed meet; penalty; enforcement.
Status: in_force

(a) Whoever aids or abets in the conduct of any meet within this State at which racing of horses is permitted for any stake, purse or reward, except in accordance with a license duly issued and unsuspended or unrevoked by the Commission, shall be fined not less than $500 nor more than $10,000 for each day of such unauthorized meeting or imprisoned for such term as the court in its discretion may determine.

(b) All officers of the law shall cooperate with the Commission for the proper enforcement of this chapter.

(c) The Governor may, upon the request of the Commission, order the Superintendent of State Police to assign a sufficient number of patrolmen to prevent horse racing at any track, a license for which has been refused, suspended or revoked by the Commission.
3 Del. C. § 10206 — Delaware Code / Title 3 / Chapter 102 / Section 10206
§ Â
        10206. Withdrawal from Compact and impact thereof on force and effect of Compact.
Status: in_force

Any party state may withdraw from this Compact by enacting a statute repealing this Compact, but no such withdrawal shall become effective until the head of the executive branch of the withdrawing state has given notice in writing to the head of the executive branch of all other party states. If as a result of withdrawals, participation in this Compact decreases to less than 3 party states, this Compact no longer shall be in force and effect unless and until there are at least 3 or more party states again participating in this Compact.
3 Del. C. § 3145 — Delaware Code / Title 3 / Chapter 31 / Subchapter IV / Section 3145
§ Â
        3145. Sterilization of bottles.
Status: in_force

Glass bottles used in the sale and delivery of milk, cream and other dairy products shall be sterilized before each and every filling, and shall not be used by the owner or owners thereof, or by any other person for any other purpose whatsoever.
3 Del. C. § 2511 — Delaware Code / Title 3 / Chapter 25 / Section 2511
§ Â
        2511. Penalty.
Status: in_force

(a) The Secretary shall have the power to issue an order to any person violating any provision of this chapter to cease and desist from such violation; provided, that any cease and desist order issued pursuant to this section shall expire (1) after 90 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is suspended by an injunction, whichever should first occur.

(b) Whoever violates this chapter, or an order of the Secretary, shall be punishable as follows:

(1) For the 1st offense, be fined not less than $500 nor more than $1,000, or be confined in jail for a period not exceeding 6 months, or both;

(2) Upon conviction of a 2nd offense shall be fined not less than $2,000 nor more than $5,000, or be confined in jail for a period not exceeding 1 year, or both, in the discretion of the court.
3 Del. C. § 1236 — Delaware Code / Title 3 / Chapter 12 / Subchapter VII / Section 1236
§ Â
        1236. Stop sale, use or removal orders.
Status: in_force

When the Department has reasonable cause to believe a pesticide or device is being distributed or used in violation of any of the provisions of this chapter, or any of the prescribed regulations under this chapter, it may issue and serve a written “stop sale, use or removal” order upon the owner or custodian of any such pesticide or device. The pesticide or device shall not be sold, used or removed until the provisions of this chapter have been complied with and the pesticide or device has been released in writing by the Department or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction. Any such “stop sale, use or removal” order shall remain in effect until the violation has been corrected. The owner or custodian of any such pesticide or device against whom a “stop sale, use or removal” order has been issued, may request a hearing to demonstrate that he or she is in compliance with this chapter or any regulations promulgated thereunder. Such hearing shall be scheduled within 15 days of the request and shall be held by the Secretary of the Department of Agriculture or his or her designee. The burden shall be on the owner or custodian of any such pesticide or device to show compliance. The hearing shall be conducted in accordance with the Administrative Procedures Act of the State. The decision of the Department may be appealed to Superior Court on the record.
3 Del. C. § 1208 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1208
§ Â
        1208. Same â Denial of license.
Status: in_force

(a) The Department shall refuse to grant a license until the applicant has furnished evidence of financial responsibility with the Department consisting either of a surety bond or a liability insurance policy or certification thereof, or other evidence of financial responsibility acceptable to the Department within the financial capabilities of the industries involved. The Department may determine the insurance and surety requirements after due notice and a hearing.

(b) The Department may refuse to grant a license to any person who has committed any unlawful acts pursuant to § 1224 of this title.
3 Del. C. § 8007 — Delaware Code / Title 3 / Chapter 80 / Section 8007
§ Â
        8007. Record keeping and reporting.
Status: in_force

Transferred to § 3007F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 8713 — Delaware Code / Title 3 / Chapter 87 / Section 8713
§ Â
        8713. Offenses; penalties.
Status: in_force

(a) Any person who shall give, pay, or offer, directly or indirectly, to any officer or employee of this State authorized to perform any of the duties prescribed by this chapter or by the regulations of the Secretary any money or other thing of value, with intent to influence the officer or employee in the discharge of any such duty, shall upon conviction thereof be punished by a fine not less than $5,000 nor more than $10,000 and by imprisonment not less than 1 year nor more than 3 years; and any officer or employee of this State authorized to perform any of the duties prescribed by this chapter who shall accept any money, gift, or other thing of value from any person, given with intent to influence his or her official action, or who shall receive or accept from any person engaged in intrastate commerce any gift, money, or other thing of value given with any purpose or intent whatsoever, shall upon conviction thereof, be summarily discharged from office and shall be punished by a fine not less than $1,000 nor more than $10,000 and by imprisonment not less than 1 year nor more than 3 years.

(b) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000, or imprisoned not more than 3 years, or both.
3 Del. C. § 7104 — Delaware Code / Title 3 / Chapter 71 / Section 7104
§ Â
        7104. Entry on premises for examination.
Status: in_force

(a) The Department of Agriculture or any member thereof, or any of their duly authorized agents, may enter any premises, farms, fields or pens, where any domestic animals are at the time quartered, for the purpose of examining them in any way that is deemed necessary to determine whether they are or were the subjects of any contagious or infectious diseases.

(b) For purposes of this section, it shall be the duty of the owner or custodian of any animals proposed to be examined, to adequately restrain and confine said animals in an area accessible to the examiner and so designated by him or her on the premises.
3 Del. C. § 8531 — Delaware Code / Title 3 / Chapter 85 / Subchapter III / Section 8531
§ Â
        8531. Issue, redemption and transfer of stock.
Status: in_force

An association may transact or do business with or for patron stockholders or patrons not stockholders, and may issue and sell its preferred stock to patrons or nonpatrons of the associations, but common stock of the association shall be sold to patrons only. The certificate of common stock shall contain a provision that the association shall have an option to redeem the stock at par value plus declared and unpaid dividends when the owner thereof has for a period of 12 months done no business with the association, and shall contain a further provision that no sale or transfer of stock shall be valid without the written consent of the association, and, if the association withholds its consent to such sale or transfer, then the association shall redeem such stock at par value plus declared and unpaid dividends.
3 Del. C. § 10042 — Delaware Code / Title 3 / Chapter 100 / Subchapter III / Section 10042
§ Â
        10042. Application of chapter.
Status: in_force

This chapter shall apply to harness horse races upon which wagering or betting is conducted in accordance with subchapter IV of this chapter. Racing under this chapter shall be limited to harness horse racing or harness horse races. No part of this chapter shall be construed to apply to the racing of horses on the flat or running races; provided, however, that simulcasts of the racing of horses on the flat or running races or harness horse races which are displayed within the enclosure of any harness horse race meeting shall constitute harness horse racing within said enclosure.
3 Del. C. § 6307 — Delaware Code / Title 3 / Chapter 63 / Section 6307
§ Â
        6307. Rules and regulations pertaining to vaccination of poultry.
Status: in_force

The Department of Agriculture shall establish rules and regulations respecting the vaccination of poultry which are necessary to carry out the purposes of this chapter.
3 Del. C. § 1601 — Delaware Code / Title 3 / Chapter 16 / Subchapter I / Section 1601
§ Â
        1601. Definitions.
Status: in_force

As used in this chapter:

(1) “Department” means the State of Delaware Department of Agriculture and includes, but is not limited to, its officers, inspectors, employees, agents or representatives.

(2) “Devices” means any grain moisture testing devices.

(3) “Grain” means includes, but is not limited to, corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain and any other food grains, feed grains, hemp, and oilseeds which standards have been established in the United States Grain Standards Act, 7 U.S.C. Chapter 3 (7 U.S.C. §§ 71-87k).

(4) “Grain Inspector” means anyone who operates grain moisture testing devices, follows standard grain inspection procedures and uses other grain inspection equipment.
3 Del. C. § 6703 — Delaware Code / Title 3 / Chapter 67 / Section 6703
§ Â
        6703. Requirements.
Status: in_force

(a) Each biological product, before being shipped into this State, must comply strictly with the provisions set forth by the United States Department of Agriculture’s Veterinary Biologics Division on safety, potency and efficacy. The product manufacturer must supply upon demand of the State Veterinarian’s office of the Delaware Department of Agriculture a copy of the U.S.D.A. approval to market the product in question in interstate commerce.

(b) Any person manufacturing a biological product solely for use within the State must also comply with the same requirements as set down for the interstate sale of biologicals.
3 Del. C. § 932 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 932
§ Â
        932. Establishment of forestland preservation areas.
Status: in_force

(a) Any owner or owners of contiguous forestland containing at least 10 acres of such lands located in the State and outside of a designated growth zone may submit on a voluntary basis, on such forms as the Foundation prescribes, an application for establishment of a forestland preservation area. Upon receipt of a completed application, the Foundation and the State Forester shall review the application to determine if it satisfies the criteria for eligibility established under § 933 of this title, and any rules of practice and procedure for acquiring forestland preservation easements adopted and related thereto. The Foundation shall notify the applicant of the findings, and may provide assistance to potential applicants regarding completion of necessary application forms.

(b) The Foundation shall consider approval of application at noticed regularly scheduled meetings. Upon Foundation approval of a forestland preservation area, and after the landowner or owners execute a forestland preservation agreement in a recordable form as provided by the Foundation, the Foundation shall provide appropriate notice and a description of the established forestland preservation area to the planning and zoning commission and board of assessment for the county in which the forestland preservation area is located. Upon receipt of such information from the Foundation, the planning and zoning commission and board of assessment shall provide appropriate reference in their real property records and notations on maps which are utilized and maintained that the subject real property is designated as a forestland preservation area.
3 Del. C. § 2290 — Delaware Code / Title 3 / Chapter 22 / Subchapter VI / Section 2290
§ Â
        2290. Annual reports.
Status: in_force

(a) The Commission shall prepare and submit an annual report of its activities and the environmental results that have accrued during the previous year for the Governor and the General Assembly by April 1 each year. Each annual report shall include:

(1) Specific recommendations for incentives to promote best management practices within the industry;

(2) A complete list and delineation of all critical areas identified jointly with the Secretary of the Department of Natural Resources and Environmental Control that will be targeted for action and the reasons therefor;

(3) A listing of all nutrient management training and education opportunities that were available in the State or within a reasonable travel distance, and any records of participation in those events; and

(4) Best management practices implemented and the amount of acres under nutrient management plans by watershed.

(b) (1) Each person required to maintain a nutrient management plan or animal waste management plan shall submit to the Commission by March 1 of every calendar year, on a form developed and supplied by the Commission, a report detailing, at a minimum, the following:

a. The amount of animal wastes applied to the land and the quantity of land it was applied to;

b. The amount of animal wastes transferred for alternative uses (if applicable); and

c. The amount of inorganic fertilizers applied to the land.

(2) All reports submitted under this subsection shall not be considered public records under Delaware’s Freedom of Information Act and shall not be disclosed. Such data may be used for data compilation. Notwithstanding the foregoing, reports submitted by permitted concentrated animal feeding operations under this subsection or under the CAFO NPDES Program may be retained, disclosed and made public as provided for in § 2248 of this title.
3 Del. C. § 7304 — Delaware Code / Title 3 / Chapter 73 / Subchapter I / Section 7304
§ Â
        7304. Importation of Texas or Cherokee cattle; penalty.
Status: in_force

No person shall bring or have brought into the State any Texas or Cherokee cattle, except for the purpose of slaughtering. All such cattle shall be taken directly from the cars on which they are transported to the abattoir, slaughterhouse or enclosure connected therewith and kept therein until slaughtered. Whoever violates this section shall be fined $20 and costs for each and every head of said cattle brought into the State.
3 Del. C. § 1046 — Delaware Code / Title 3 / Chapter 10 / Subchapter IV / Section 1046
§ Â
        1046. Liability to State for expenses.
Status: in_force

Notwithstanding any other provision of this title, whoever wilfully, maliciously or carelessly sets fire to forest lands, in addition to the penalties provided for such violation and the liability for damages to persons suffering loss thereby, shall be liable to the State for all expenses incurred in combating and extinguishing such fire.
3 Del. C. § 936 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 936
§ Â
        936. Acquisition of forestland preservation easements.
Status: in_force

(a) The Foundation, subject to the availability of funds, shall be entitled to acquire, maintain and enforce forestland preservation easements for lands which are located in forestland preservation areas. The purchase of forestland preservation easements by the Foundation is purely a discretionary function, and the Foundation shall be under no obligation to purchase a forestland preservation easement from any applicant. The Foundation may utilize such method or methods of payment for forestland preservation easements as may be available. Upon acquisition of a forestland preservation easement the lands subject to such easement shall form a permanent forestland preservation area. The acquisition of a forestland preservation easement by the Foundation shall not grant the public any right of access or right of use of the real property subject to the easement.

(b) The Foundation shall adopt rules of practice and procedure for the acquisition of forestland preservation easements which shall include the process and timeframe for submitting applications for the sale of forestland preservation easements, the establishment of the purchase price for the easements through use of appraisal information, the manner in which offers to sell easements are accepted, and the basis upon which offers for sale of easements are accepted. The rules of practice and procedure shall incorporate, to the extent necessary, provisions for utilizing federal, county or other funding.
3 Del. C. § 10209 — Delaware Code / Title 3 / Chapter 102 / Section 10209
§ Â
        10209. Voting requirements.
Status: in_force

(a) Each official shall be entitled to 1 vote on the Compact Committee.

(b) All action taken by the Compact Committee with regard to the addition of party states as provided in § 10204 of this title, the licensure participants in live racing, and the receipt and disbursement of funds shall require a majority vote of the total number of officials (or their alternates) on the committee. All other action by the Compact Committee shall require a majority vote of those officials (or their alternates) present and voting.

(c) No action of the Compact Committee may be taken unless a quorum is present. A majority of the officials (or their alternates) on the Compact Committee shall constitute a quorum.
3 Del. C. § 10081 — Delaware Code / Title 3 / Chapter 100 / Subchapter V / Section 10081
§ Â
        10081. Title and established.
Status: reserved

(a) This section shall be referred to as the Delaware Standardbred Breeders’ Program Fund Act of 1999.

(b) (1) A special fund of the State is hereby established in the Department of Agriculture to be known as the “The Delaware Standardbred Breeders’ Fund.” Funds reserved for the Delaware Standardbred Breeders’ Program pursuant to § 4815(b)(4)a. and b.2. of Title 29 shall be transferred to the Delaware Standardbred Breeders’ Program Fund. The Secretary of Finance and the Secretary of Agriculture shall deposit or transfer all other moneys, including gifts, bequests, grants or other funds, from private and public sources specifically designated for the Delaware Standardbred Breeders’ Program Fund. The General Assembly at any time may appropriate additional moneys to the Delaware Standardbred Breeders’ Program Fund.

(2) Moneys from the Delaware Standardbred Breeders’ Program Fund shall be expended in accordance with the Delaware Standardbred Breeders’ Program Plan approved pursuant to § 4815(b)(4)b.2. of Title 29.

(3) The Delaware Standardbred Breeders’ Program Fund shall be invested by the State Treasurer consistent with the investment policies established by the Cash Management Policy Board. All income earned shall be reinvested in the Delaware Standardbred Breeders’ Program Fund.

(4) No moneys shall be expended from the Delaware Standardbred Breeders’ Program Fund except pursuant to an appropriation incorporated in the State’s Bond and Capital Improvements Act or annual appropriations act.

(5) The transfer of funds from the Delaware Standardbred Breeders’ Program Fund shall be approved by the Secretary of Finance, the Secretary of Agriculture, and the Chair of the Delaware Harness Racing Commission. Such expenditures shall only be made upon the satisfaction of the specific requirements established by law and the plan and rules adopted by the Delaware Standardbred Breeders’ Fund Board to govern expenditures for this purpose. Unexpended cash balances in the Delaware Standardbred Breeders’ Program Fund shall be interest-earning and such interest shall be credited to the Delaware Standardbred Breeders’ Program Fund.

(c) The Delaware Standardbred Breeders’ Fund Board shall have the authority to promulgate rules and regulations as deemed necessary or appropriate to implement or clarify the statutes related to the Standardbred Breeders’ Program Fund.
3 Del. C. § 1103 — Delaware Code / Title 3 / Chapter 11 / Section 1103
§ Â
        1103. Discovery and suppression of plant pests.
Status: in_force

(a) In order to prevent the introduction of or to control dangerously injurious plant pests in the State, the Department shall seek out all dangerously injurious plant pests destructive to the agricultural, forest or horticultural interests of this State or the State’s general environmental quality. As it deems necessary, the Department shall conduct research to accomplish the aforementioned duty.

(b) In order to prevent the spread of dangerously injurious plant pests, the Department shall issue orders for any control measures it deems necessary. These control orders may indicate the type of control to be utilized, the compound or material and the manner or the time of application. Control shall be obtained by any of the methods approved in Chapter 12 (Pesticides) of this title or any other legal treatment.

(c) Upon knowledge of the existence of a dangerously injurious plant pest within the State, the Department may conspicuously mark all plants known or suspected to be infected or infested with the plant pest. The Department shall notify the person(s), owner(s) or the tenant(s) in possession of the premises in question of the existence of the dangerously injurious plant pest and of the prescribed control measures. The aforementioned person(s) must, within the prescribed time limit, implement the conditions of the Department’s control order or be subject to civil penalties as stated in this chapter.

(d) The removal of markings placed by the Department, for the purpose of identification of plants infested or infected by dangerous injurious plant pests, by persons other than those authorized by the Department is an illegal act and punishable as a civil violation as prescribed in this chapter.

(e) Should the person(s) associated with or the owner(s) of the plants infested or infected with the dangerously injurious plant pests or the tenant(s) or owner(s) in possession of the premises wherein the plants are found, neglect, fail or refuse to apply the control measures prescribed by the Department, in the manner or at the times ordered and directed by the Department, then the Department may cause the prescribed control measures to be applied at the expense of the aforementioned person(s). The Department shall, when it deems necessary, cause pest infected or infested plants to be destroyed at the expense of the aforementioned person(s) and the loss to fall upon the person(s) without any form of compensation.

(f) The Department, in order to prevent the spread of dangerously injurious plant pests, may apply necessary control measures at the expense of the person(s), owner(s) or tenant(s) associated with any and all suspicious plants found to be in dangerous proximity to those infested or infected by the aforementioned plant pest. Any control measures enacted under this section may be applied in a manner and at a time the Department deems necessary.

(g) The Department may enter into cooperative agreements with organizations, including, but not limited to, persons, civic groups or governmental agencies to adopt and execute plans to control areas infested or infected with dangerously injurious plant pests. Such cooperative agreements may include provisions of joint funding of any control treatment.

(h) If a dangerously injurious plant pest occurs and cannot be adequately controlled by individual person(s), owner(s), tenant(s) or local units of government, the Department may conduct the necessary control measures independently or on a cooperative basis with federal or other units of government.

(i) The Department’s methods of operations shall not be limited to those specifically listed in this section.
3 Del. C. § 8551 — Delaware Code / Title 3 / Chapter 85 / Subchapter V / Section 8551
§ Â
        8551. Prohibited acts.
Status: in_force

(a) No person shall knowingly induce or attempt to induce any stockholder of an association organized under this chapter to breach such stockholder’s marketing contract with the association, or maliciously and knowingly spread false reports about the finances or management thereof.

(b) Producers of agricultural products or commodities shall have the right to form or become stockholders or patrons in cooperative agricultural associations organized or registered under this chapter, and no person shall directly or indirectly interfere with, restrain or coerce such producers in the exercise of this right.

(c) Buyers of agricultural products or commodities from producers or from such cooperative agricultural association, whose stockholders or patrons sell all or any part of their agricultural products or commodities to or through the association or facilities created by it shall not:

(1) Distribute or circulate any blacklist of stockholders or patrons of the cooperative agricultural association, or advise any person of the membership of any producer in such cooperative agricultural association, for the purpose of preventing the purchase or sale of or payment for agricultural products or commodities produced, sold or offered for sale by the producer so blacklisted or so named;

(2) Dominate or interfere with the formation, existence or administration of any cooperative agricultural association by any means, including but not limited to the following:

a. Participating or assisting in, supervising, controlling or dominating the initiation or creation of any cooperative agricultural association or its business (as distinguished from social or educational activities), meetings or elections, and no certificate of incorporation under this chapter shall issue to any persons or corporation so dominated, nor shall any rights under § 8562 of this title accrue to a corporation so dominated;

b. Making known to such producers the buyer’s approval or disapproval of any cooperative agricultural association for the purpose of encouraging or discouraging membership or shareholding therein, becoming a patron, contracting or cooperating therewith;

(3) Encourage or discourage membership or shareholding in any cooperative agricultural association or becoming a patron, contracting or cooperating with the same.

(d) Nothing in this chapter shall preclude a buyer from making an agreement with a cooperative agricultural association (not established, administered or assisted by any action of the buyer) requiring membership or shareholding therein, becoming a patron, contracting or cooperating therewith as a condition of the purchase of a producer’s agricultural products or commodities, if such cooperative agricultural association has as its stockholders or patrons a majority of the producers supplying such buyer with the agricultural commodity or products sold to such buyer.

(e) The word “buyer” as used in this section shall not include a buyer which is a cooperative agricultural association of producers.

(f) Nothing in this section shall prevent a cooperative agricultural association (not established, administered or assisted by any action of the buyer) or its officers or agents from bargaining with buyers or prospective buyers of their products with regard to prices therefor, and practices, terms, conditions, rules and regulations pertaining to the industry in which they are engaged.
3 Del. C. § 10144 — Delaware Code / Title 3 / Chapter 101 / Subchapter III / Section 10144
§ Â
        10144. Limitation on payment of compensation.
Status: in_force

No salary, fee or compensation exceeding the sum of $2,000 shall be paid in any calendar year by any person licensed under this chapter, except to officials or employees actively engaged in the operations incident to the holding of the racing meet or in the maintenance of the racing plant.
3 Del. C. § 1033 — Delaware Code / Title 3 / Chapter 10 / Subchapter III / Section 1033
§ Â
        1033. Powers and duties.
Status: in_force

The Delaware Department of Agriculture Urban and Community Forestry Program, under the supervision of the State Forester, shall:

(1) Assist local governments and public organizations in establishing and maintaining urban and community forestry programs and in encouraging persons to engage in appropriate and approved practices with respect to tree management and care;

(2) Advise local governments and public organizations in the development and coordination of policies, programs and activities for the promotion of urban and community forestry;

(3) Provide grants to local governments and public organizations applying for assistance in tree planting, tree management and the development and implementation of a comprehensive community forestry plan on publicly owned lands to the extent moneys are appropriated or otherwise made available therefor;

(4) Educate citizens on the importance of trees and forests and their role in the maintenance of a healthy environment;

(5) Provide technical assistance, planning and analysis for projects related to urban and community forestry;

(6) Provide training assistance to local governments and public organizations regarding urban and community forestry issues such as tree diseases, insect programs, tree planting and tree maintenance; and

(7) Provide volunteer opportunities for the State’s citizens and public organizations interested in urban and community forestry activities.
3 Del. C. § 7337 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7337
§ Â
        7337. Refusal by owner to retest.
Status: in_force

Any owner of cattle enrolled in the area or any other plan of testing approved by the Department of Agriculture who fails or refuses to have the owner’s animals retested when notified by the Department shall be considered as violating the owner’s agreement and shall become subject to the penalty provided in § 7338 of this title.
3 Del. C. § 7706 — Delaware Code / Title 3 / Chapter 77 / Section 7706
§ Â
        7706. Accidental escape of livestock; liability of owners.
Status: in_force

An owner, or other person in charge of livestock, who receives 25% or more of the person’s annual gross income from the sale of agricultural products or the resale of animals grown, raised, or produced for food, fiber, fur or leather is not responsible in any action by reason of livestock accidentally escaping and straying at large, on any public highway, or on unenclosed lands within this State unless the owner or other person in charge thereof has negligently allowed the livestock to escape or unless the owner or other person in charge is guilty of negligence in the care of the livestock.
3 Del. C. § 6704 — Delaware Code / Title 3 / Chapter 67 / Section 6704
§ Â
        6704. Refusal of permission to distribute; exemptions.
Status: in_force

(a) If in the opinion of the State Veterinarian the best interest of the animal, other than humans, or poultry population of the State would be served or for reason of proper diagnosis that a biological product duly licensed and approved by the U.S.D.A. Biologics Division should not be used within the State, then the manufacturer of such a biological product will be notified why that product should not be distributed within the State.

(b) The State Veterinarian shall have the authority to grant exemptions to the above requirements if it is positively shown that there is a case of hardship caused by the withholding of approval of the product destined for use by Delaware livestock producers.

(c) The State Veterinarian shall grant, in writing, permission for a manufacturer who has complied with U.S.D.A. requirements to conduct field trials using new products on poultry or animals in the State.
3 Del. C. § 104 — Delaware Code / Title 3 / Chapter 1 / Section 104
§ Â
        104. Failure to mark packages of fruit.
Status: in_force

Whoever, being a grower of any fruits, neglects or fails, after 10 days’ notice by the Department of Agriculture, to comply with any order, rule or regulation of the Department of Agriculture shall be fined $5.00.
3 Del. C. § 9022 — Delaware Code / Title 3 / Chapter 90 / Subchapter II / Section 9022
§ Â
        9022. Cooperation.
Status: in_force

Consistent with law and within available appropriations, the departments, agencies and officers of this State may cooperate with the Insurance Fund established by the Pest Control Compact.
3 Del. C. § 1061 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1061
§ Â
        1061. Penalties.
Status: in_force

(a) Any person who violates any provision of this subchapter or associated rules and regulations shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 months, or both.

(b) Any person found guilty of a second or subsequent violation of any provision of this subchapter is subject to a fine not exceeding $2,000 or imprisonment not exceeding 3 months, or both. For the purposes of this subsection, a second or subsequent violation is one that has occurred within 2 years of any prior violation of this subchapter.

(c) The Justices of the Peace Court shall have original jurisdiction to hear and determine violations of this subchapter.
3 Del. C. § 8532 — Delaware Code / Title 3 / Chapter 85 / Subchapter III / Section 8532
§ Â
        8532. Dividends on stock.
Status: in_force

Dividends on the common stock shall be paid only after dividends are paid on the preferred stock, and the required surplus fund set aside, and shall be not greater than 6 percent per annum, except as provided in this chapter. Dividends on preferred stock shall be not greater than 12 percent per annum and shall be cumulative.
3 Del. C. § 105 — Delaware Code / Title 3 / Chapter 1 / Section 105
§ Â
        105. Appropriations for agricultural societies.
Status: in_force

All moneys appropriated for the Delaware Crop Improvement Association, shall be payable only on warrants drawn by the Secretary of the Department of Agriculture. The Department of Agriculture shall examine into and verify all the items of expenditure proposed for any of such appropriations and nothing shall be paid out of any of such appropriations unless approved by the Department of Agriculture.
3 Del. C. § 1007 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1007
§ Â
        1007. Sale of surplus trees.
Status: in_force

The Department of Agriculture may sell to forestry departments, boards or commissions of neighboring states any surplus supply of young forest trees that it has on hand for which there is no demand within the State, under an understanding that the same shall be distributed under regulations substantially similar to those provided for in § 1006 of this title.
3 Del. C. § 1226 — Delaware Code / Title 3 / Chapter 12 / Subchapter V / Section 1226
§ Â
        1226. Inspection.
Status: in_force

(a) For the purpose of carrying out this chapter, the Department may enter upon any public premises, and in the case of private premises, may enter with the written approval of the occupier of the premises, in order to:

(1) Inspect and sample lands actually or reported to be exposed to pesticides;

(2) Inspect storage or disposal areas;

(3) Inspect or investigate complaints of injury to humans or land;

(4) Sample pesticides being applied or to be applied;

(5) Observe the use of a restricted use pesticide or state restricted pesticide use;

(6) Inspect books and records relating to the shipment, sale or use of pesticides; or

(7) Sample pesticides being held for sale or distribution.

(b) Should the Department be denied access to any land where such an access was sought for the purposes set forth in this chapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application issue the search warrant for the purposes requested.
3 Del. C. § 7201 — Delaware Code / Title 3 / Chapter 72 / Section 7201
§ Â
        7201. Possession; permit required.
Status: in_force

No person shall bring into this State, possess, sell or exhibit any live wild mammal or hybrid of a wild mammal or live reptile not native to or generally found in Delaware without first securing a permit under this chapter. The Department of Agriculture may adopt regulations to exempt such mammals and reptiles that do not represent a significant threat to community interests from the provisions of this chapter. Notwithstanding any provision of this chapter to the contrary, except for medical or psychological research or for display in any licensed zoological park or traveling circus, no person shall bring into this State, possess, sell or exhibit any poisonous snake not native to or generally found in Delaware where the venom of such snake poses a risk of serious injury or death to a human, and no permit for the same shall be issued by the Department of Agriculture.
3 Del. C. § 10125 — Delaware Code / Title 3 / Chapter 101 / Subchapter II / Section 10125
§ Â
        10125. Suspension or revocation; appeal.
Status: in_force

(a) Any license issued by the Commission shall be subject to suspension or revocation by the Commission for any cause whatsoever which the Commission may deem sufficient.

(b) If any license is suspended or revoked, the Commission shall state publicly its reasons for so doing and cause an entry of the reasons to be made on the minute book of the Commission, and its action shall be final.

(c) The propriety of the action taken by the Commission shall be subject to review, upon question of law only, by the Superior Court of the county within which the license was granted. The action of the Commission shall stand unless and until reversed by the Court.
3 Del. C. § 8536 — Delaware Code / Title 3 / Chapter 85 / Subchapter III / Section 8536
§ Â
        8536. Reserve fund.
Status: in_force

An association, after making provision for the payment of dividends on the preferred stock, and before payment of dividends on the common stock, or the distribution of any patronage refund or dividend shall set aside 10 percent of the total net earnings, annually, for a reserve fund, until the reserve fund equals at least 30 percent of the paid up capital stock. The reserve fund shall be available for such purposes as are designated and authorized by the vote of two-thirds of the members of the board of directors at a duly assembled meeting of the board, subject to the limitations and conditions provided for in the bylaws of the association.
3 Del. C. § 8522 — Delaware Code / Title 3 / Chapter 85 / Subchapter II / Section 8522
§ Â
        8522. Officers; appointment; terms; vacancies; bonds.
Status: in_force

The officers of every association shall include a president, vice-president, secretary and treasurer, who shall be appointed annually by the board of directors. The president and vice-president shall be appointed from among the directors. The secretary and treasurer may be nonstockholders. The office of secretary and treasurer may be combined and one individual appointed thereto. Vacancies in offices shall be filled for the unexpired term by the board of directors in the manner provided for the original appointment of officers. Officers shall hold their offices until their successors are appointed and qualified and have entered upon the discharge of their duties. The board of directors shall require the treasurer, and may require such other officers, agents and employees charged by the association with responsibility for the custody of funds or property, to give bond, with sufficient surety, for the faithful performance of their duties as such. The premium on such bond shall be paid by the association.
3 Del. C. § 1502B — Delaware Code / Title 3 / Chapter 15 / Section 1502B
§ Â
        1502B. Label requirements; vegetable seeds.
Status: in_force

(a) In addition to the information required under § 1502 of this title, each container of vegetable seeds in containers of 1 pound or less must contain all of the following information:

(1) Name of kind and variety of seed.

(2) Lot number or other lot identification.

(3) For seeds which germinate less than the standard established by the Department, all of the following:

a. Percentage of germination, exclusive of hard seed.

b. Percentage of hard seed, if present.

c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (a)(3)a. through (a)(3)b. of this section.

d. The words “below standard” in not less than 8-point font.

(4) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.

(5) The statements “Sell by” and “Packed for” for the calendar year in which they are being offered for sale, followed by the applicable dates.

(b) In addition to the information required under § 1502 of this title, each container of vegetable seeds in containers of more than 1 pound must contain all of the following information:

(1) The name of each kind and variety present in excess of 5% of the weight of the whole.

(2) The percentages by weight of each kind and variety under paragraph (b)(1) of this section, in order of predominance.

(3) Lot number or other lot identification.

(4) All of the following for each named vegetable seed:

a. The percentage of germination, exclusive of hard seed.

b. The percentage of hard seed, if present.

c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (b)(4)a. through (b)(4)b. of this section.

(5) Name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within this State.

(6) The statement “Sell by” followed by a date that is no more than 9 months from the date of the germination test, exclusive of the month of the test.

(7) The labeling requirements for vegetable seeds in containers of more than 1 pound under this subsection are deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.
3 Del. C. § 1303 — Delaware Code / Title 3 / Chapter 13 / Section 1303
§ Â
        1303. Inspection of nurseries and businesses, and issuance of nursery inspection certificate.
Status: in_force

(a) After receiving the nursery license application, the Department or its representatives shall examine or inspect all plants, plant material, or nursery stock located or grown on the business location or any other applicable location. Nurseries must maintain adequate weed control so a thorough inspection of the nursery stock can be made.

(b) The Department shall conduct the aforementioned inspection or examination yearly or as directed by the Secretary, at such time as it deems best, with or without notice. The Department reserves the right to conduct unannounced inspections as frequently as it deems necessary to ensure compliance with all sections of this chapter.

(c) Upon the successful completion of an annual inspection, the Department shall issue a nursery inspection certificate to any business licensed under § 1302 of this title. The nursery inspection certificate shall state:

The nursery stock of this location has been examined and is apparently free from dangerously injurious plant pests.

(d) The nursery inspection certificate issued by the Department shall be valid for a period of 1 year, beginning January 1 and ending December 31 of the same year.
3 Del. C. § 603 — Delaware Code / Title 3 / Chapter 6 / Section 603
§ Â
        603. Definitions.
Status: in_force

As used in this chapter:

(1) “Department” means the Department of Agriculture.

(2) “Commission” means the Alcoholic Beverage Control Commission.

(3) “Secretary” means the Secretary of the Department of Agriculture.

(4) “Viticulture” means the cultivation, production or marketing of any grape variety that is cultivated, produced or marketed as a cultivated crop in this State.
3 Del. C. § 7703 — Delaware Code / Title 3 / Chapter 77 / Section 7703
§ Â
        7703. Damage by livestock at large.
Status: in_force

(a) Upon the application of any person, or the person’s agent, sustaining any damage by reason of the livestock running at large contrary to this chapter, the person or person’s agent may seek restitution from a Justice of the Peace Court or the Court of Common Pleas of the county in which damage was incurred by livestock, which may or may not have been taken up and impounded.

(b) If the owner of livestock cannot be located or identified and the livestock is taken up by the State, the State shall be held harmless for damages committed by the livestock.
3 Del. C. § 3161 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3161
§ Â
        3161. Requirement of bond; amount.
Status: in_force

(a) No milk dealer or handler shall purchase, acquire or receive on consignment or otherwise milk from producers unless the milk dealer or handler has filed with the Department of Agriculture a corporate surety, individual surety, or collateral bond, approved by such Department.

(b) Except as otherwise herein provided, the bond required by subsection (a) of this section shall be in a sum equal to the value of the highest aggregate amount of milk purchased, acquired or received by the dealer or handler from producers in any 1 month during the preceding calendar year, which value shall be computed according to such milk dealer’s or handler’s posted prices for such month, and shall not in any event exceed $100,000.

(c) The bond required by subsection (a) of this section shall be upon a form prescribed by the Department of Agriculture, conditioned for the payment by the milk dealer or handler of all amounts due, including amounts due under this subchapter and the orders of such Department, for milk purchased or otherwise acquired from producers by the milk dealer or handler during the license year, upon such terms and conditions as the Department may prescribe.

(d) In the case of a milk dealer or handler who pays producers in full each week for milk purchased, acquired or received by the milk dealer or handler from such producers, the bond required by subsection (a) of this section shall be in a sum equal to 50 percent of the value of the highest aggregate amount of milk purchased, acquired or received by the dealer or handler from producers in any 1 month during the preceding calendar year, which value shall be computed according to such milk dealer’s or handler’s posted prices for such month, and shall not in any event exceed $50,000.
3 Del. C. § 10052 — Delaware Code / Title 3 / Chapter 100 / Subchapter IV / Section 10052
§ Â
        10052. Place for wagering.
Status: in_force

Within the enclosure of any harness horse racing meet licensed and conducted under this chapter, but not elsewhere, the wagering and betting on harness horse racing or horse races or both by the use of pari-mutuel machines or totalizators and by manual computation without the use of pari-mutuel machines or totalizators is authorized and permitted.
3 Del. C. § 10161 — Delaware Code / Title 3 / Chapter 101 / Subchapter IV / Section 10161
§ Â
        10161. Place of conducting pari-mutuel betting.
Status: in_force

Within the enclosure of any horse race meeting licensed and conducted under this chapter, but not elsewhere, the wagering or betting on horse races or harness horse racing or both by the use of pari-mutuel machines or totalizators and by manual computation without the use of pari-mutuel machines or totalizators is authorized and permitted.
3 Del. C. § 8103 — Delaware Code / Title 3 / Chapter 81 / Section 8103
§ Â
        8103. Quarantine orders.
Status: in_force

If any exotic avian species or group thereof after being examined by the Department of Agriculture is found to be infected with or to have been exposed to a contagious or infectious disease capable of affecting poultry, the Department may place the premises where such birds are kept under quarantine by giving written notice of such quarantine order to the owner or custodian of such birds and no exotic avian species shall be removed from the premises while such quarantine is in effect.
3 Del. C. § 304 — Delaware Code / Title 3 / Chapter 3 / Section 304
§ Â
        304. Employees.
Status: in_force

Federal certificate clerks, federally licensed grain inspectors, and other federally licensed inspectors and graders who are permanent state employees, whether or not the State is reimbursed by the federal government for their services, shall be classified employees subject to Chapter 59 of Title 29.
3 Del. C. § 7324 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7324
§ Â
        7324. Moving of unvaccinated cattle; exceptions.
Status: in_force

No person shall move cattle from any premise for other than immediate slaughter unless they have been vaccinated prior to reaching the age of 8 months or unless such animal is negative to an authorized blood agglutination test for brucellosis made within a period of 30 days prior to the date of removal. Such restriction shall not apply to animals in accredited brucellosis-free herds.
3 Del. C. § 411 — Delaware Code / Title 3 / Chapter 4 / Section 411
§ Â
        411. Aquaculture facility protection.
Status: in_force

Transferred to § 410 of this title by 79 Del. Laws, c. 178, § 1, effective August 28, 2013.
3 Del. C. § 10203 — Delaware Code / Title 3 / Chapter 102 / Section 10203
§ Â
        10203. Definitions.
Status: in_force

(a) “Compact Committee” means the organization of officials from the party states that is authorized and empowered by this Compact to carry out the purposes of this Compact.

(b) “Official” means the appointed, elected, designated or otherwise duly selected representative of a racing commission or equivalent thereof in a party state who represents that party state as a member of the Compact Committee.

(c) “Participants in live racing” means participants in live horse racing with pari-mutuel wagering in party states.

(d) “Party state” means each state that has enacted this Compact.

(e) “State” means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and each territory or possession of the United States.
3 Del. C. § 901 — Delaware Code / Title 3 / Chapter 9 / Subchapter I / Section 901
§ Â
        901. Purpose, policy and intent.
Status: in_force

It is the declared policy of the State to conserve, protect and encourage improvement of agricultural lands within the State for the production of food and other agricultural products. It is also the declared policy of the State to encourage, promote and protect farming as a valued occupation. Preservation of the State’s farmlands and forestlands is considered essential to maintaining agriculture as a viable industry and important contributor to Delaware’s economy. It is a finding of the General Assembly that valuable and irreplaceable farmlands and forestlands are being lost due to nonagricultural development pressures and that, to insure the long-term utilization of the State’s most viable agricultural lands, it is necessary to adopt and implement an effective program and infrastructure for permanent agricultural land preservation. To the maximum extent possible, State agency action, particularly action involving the exercise of powers of eminent domain, which has an adverse impact on viable agricultural lands, should be avoided or minimized. It is further recognized that a need exists to create sufficient economic incentives and benefits to encourage agricultural landowners to voluntarily place viable agricultural lands under protective restrictions through the creation of and participation in agricultural preservation districts and the sale of development rights. It is the purpose and intent of the General Assembly to provide for the creation of permanent agricultural areas comprised of viable farmlands and forestlands to serve the long-term needs of the agricultural community and the citizens of the State. It shall be a priority to create agricultural preservation districts and purchase development rights in those areas located near and adjacent to designated growth zones.
3 Del. C. § 1904 — Delaware Code / Title 3 / Chapter 19 / Section 1904
§ Â
        1904. Labeling.
Status: in_force

(a) Agricultural liming materials sold, offered or exposed for sale in this State shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:

(1) The name and principal office address of the manufacturer or distributor;

(2) The brand or trade name of the material;

(3) The identification of the product as to the type of the agricultural liming material;

(4) The net weight of the agricultural liming material;

(5) The minimum percentage of calcium and magnesium.

(b) No information or statement shall appear on any package, label or delivery slip which is false or misleading to the purchaser as to the quality, analysis, type or composition of the agricultural liming material.

(c) In the case of any material which has been adulterated subsequent to packaging, labeling or loading and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration.

(d) At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each product.

(e) At any time after July 1, 1970, when the Department finds, after public hearing following due notice, that the requirements for expressing the guaranteed analysis of calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of liming materials by reason of conflicting labeling requirements among the States, the Department may require by regulation thereafter that the “guaranteed analysis” shall contain the minimum percentages of calcium (Ca) and magnesium (Mg) in elemental form and calcium carbonate equivalent.
3 Del. C. § 943 — Delaware Code / Title 3 / Chapter 9 / Subchapter VI / Section 943
§ Â
        943. Loan program.
Status: in_force

There is hereby established a farmland purchase and preservation loan program to be administered by the Foundation.
3 Del. C. § 10053 — Delaware Code / Title 3 / Chapter 100 / Subchapter IV / Section 10053
§ Â
        10053. License to conduct pools; application; qualifications.
Status: in_force

(a) The Commission may grant a license to any person to make, conduct and sell pools by the use of pari-mutuel machines or totalizators and to make, conduct and sell pools for the “daily double” by manual computation without the use of pari-mutuel machines or totalizators for the purpose of receiving wagers or bets on harness horse races within the enclosure of any harness horse racing meet licensed and conducted under this chapter, but not otherwise, under such regulations as the Commission prescribes.

(b) The Commission may prescribe regulations governing the granting of applications for licenses, the granting of licenses and the conditions under which any licensee may conduct, sell or make any such pool.

(c) The qualifications of any licensee shall be such as to afford a reasonable belief that the licensee will be financially responsible and will conduct the business of operating the pools in a proper and orderly manner. A licensee to make, conduct and sell such pools shall be a person licensed to conduct a harness horse racing meet under this chapter.
3 Del. C. § 1032 — Delaware Code / Title 3 / Chapter 10 / Subchapter III / Section 1032
§ Â
        1032. Definitions.
Status: in_force

As used in this subchapter:

(1) “Comprehensive community forestry plan” is a document that describes how a government or other organization will manage the tree resources located on publicly owned lands within its jurisdiction. This plan should be based on an accurate inventory of both tree and other resources, such as existing roads and infrastructure, include a map of the publicly owned areas and the mission and objectives for these lands, and define the strategies and budget needed to achieve these objectives.

(2) “Department” shall mean the Department of Agriculture.

(3) “Local government” shall mean a municipality, county or other political subdivision of the State or any agency thereof.

(4) “Secretary” shall mean the Secretary of Agriculture.

(5) “Tree resources” are those trees located in street right-of-ways, parks and other publicly owned lands.

(6) “Urban and community forestry” shall mean the planting, protection, care and management of trees and other related natural resources located on publicly owned lands within a city, town or municipality.
3 Del. C. § 7504 — Delaware Code / Title 3 / Chapter 75 / Section 7504
§ Â
        7504. Registration of bees with State Apiarist.
Status: in_force

(a) All persons keeping bees in the State or moving bees into the State shall annually register any and all of their colonies and apiary locations with the Department on forms supplied by the Department on or before January 30 of each year. If bees are acquired after January 30 of the year, then they shall notify the State Apiarist in writing within 10 days of the time the bees are acquired, of the number and location of colonies.

(b) All persons renting, moving or holding bees on their land for any person, shall notify the State Apiarist in writing within 10 days of the time the bees are acquired, of the number and location of colonies.
3 Del. C. § 10025 — Delaware Code / Title 3 / Chapter 100 / Subchapter II / Section 10025
§ Â
        10025. Issuance.
Status: in_force

Upon the award of days to any applicant, the Commission shall issue a license for the holding of the meet or meets during the days awarded to the applicant. The license shall be subject to all rights, regulations and conditions from time to time prescribed by the Commission.
3 Del. C. § 924 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 924
§ Â
        924. Governmental cooperation.
Status: in_force

All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and empowered to cooperate with, aid and assist the Foundation in effectuating this chapter and any amendment hereof or supplement hereto.
3 Del. C. § 8721 — Delaware Code / Title 3 / Chapter 87 / Section 8721
§ Â
        8721. Application of chapter.
Status: in_force

The requirements of this chapter shall apply to persons, establishments, animals and articles regulated under the Federal Meat Inspection Act [21 U.S.C. § 601 et seq.] or the federal Poultry Products Inspection Act [21 U.S.C. § 451 et seq.] only to the extent provided for in said federal acts.
3 Del. C. § 7326 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7326
§ Â
        7326. Application for herd test; tagging and removal of reactors.
Status: in_force

Any owner of a herd not under state and federal test and slaughter plan may apply to the Department of Agriculture for a herd test for brucellosis for the purpose of determining the extent of infection in such owner’s herd so long as not more than 1 such test is made on any 1 herd in any 1 year. Any and all reactors found as a result of the test shall be tagged with react tags, the numbers of which shall by recorded, and shall remain on the premises unless removed for immediate slaughter at an establishment where federal meat inspection is maintained. At the time of such removal, reactors shall be branded with a “B” brand not more than 3 nor less than 2 inches high and a permit issued for removal to slaughter. Reactors found in informational tests shall not be eligible to indemnity unless the owner adopts the test and slaughter plan and fully observes the regulations governing operation under the plan.
3 Del. C. § 2245 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2245
§ Â
        2245. Same â Renewal.
Status: in_force

(a) The Commission shall establish the length of time that certificates shall remain in full force and effect, and if they are to expire, the procedure for renewal.

(b) All decisions of the Commission relating to the refusal of the Commission to renew a certificate shall be final and conclusive unless the person whose certificate was not renewed shall appeal pursuant to the provisions of § 2262 of this title.
3 Del. C. § 921 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 921
§ Â
        921. Funding.
Status: in_force

(a) The Director of the Office of Management and Budget and the Controller General are authorized to transfer the sum of $48,000 from the Office of Management and Budget Contingency Appropriation Salary, (10-02-04), contained in Senate Bill No. 500 of the 135th General Assembly (Fiscal Year 1991 Appropriation Act) for use by the Foundation to carry out the purposes of this chapter. Any Foundation funds not otherwise appropriated or encumbered as of June 30, 1991, shall be considered a continuing appropriation for Fiscal Year 1992.

(b) The Secretary of the Department of Agriculture is hereby authorized and directed, on behalf of the Foundation, to apply on or before August 1, 1991, for federal funding available to the State under the Farms for the Future Act of 1990 (7 U.S.C. § 4201 et seq.) by submitting any necessary applications and taking such other action to qualify for eligibility.

(c) All moneys collected by the respective county receiver of taxes, treasurer or director of finance as the Foundation’s share of roll-back taxes under § 8335(d) of Title 9 shall, when collected and after deduction of the seven and a half percent administration charge, be transferred to the Foundation for use in carrying out the purposes of this chapter. The Foundation shall be entitled to adopt and impose procedures and requirements to assure collection of its share of roll-back taxes and the Foundation shall be entitled to notify county taxing authorities of lands subject to the agricultural lands preservation assessment and upon such notification such county taxing authorities shall include the amount due on the property tax statements submitted with respect to the converted lands. Nonpayment of the Foundation’s share of the roll-back tax, including penalties, shall when payable result in the imposition of a lien on the land for nonpayment, which lien shall qualify for all purposes as a lien under § 2901 of Title 25.

(d) There is hereby established a Committee on Funding for Farmland Preservation, which shall consist of 2 members of the Delaware Senate as appointed by the President Pro Tem of the Senate, 2 members of the Delaware House of Representatives as appointed by the Speaker of the House of Representatives and 3 members appointed by the Governor. The Committee shall review and consider ways and means of providing reliable, short-term and long-term funding for the permanent preservation of viable agricultural lands. The Committee shall also review and consider ways and means of creating economic incentives for the establishment and expansion of Agricultural Preservation Districts and the acquisition of agricultural lands preservation easements, such as the use of tax credits for activities undertaken in Agricultural Preservation Districts which reduce or eliminate the impact of the release of pollutants to the environment. The Committee shall report its findings to the Governor and the General Assembly on or before March 1, 1993.

(e) All moneys directed to the Foundation under this chapter, either directly or indirectly, shall be for the exclusive benefit of the Foundation in carrying out the purposes of this chapter. Such funding shall be considered separate and distinct from any other funding authorization, even though the funding amount may be determined on the basis of tax rates, assessments or by other means used by other entities.
3 Del. C. § 1031 — Delaware Code / Title 3 / Chapter 10 / Subchapter III / Section 1031
§ Â
        1031. Findings and policy.
Status: in_force

The General Assembly finds and declares that urban and community forests are a necessary and important part of community and urban environments and are critical to the environmental, social and economic welfare of the State. The General Assembly also recognizes that the ability of all county and municipal governments to care for and manage their tree resources could be enhanced through technical and financial assistance from a state urban and community forestry program and that properly planned and implemented local community forestry programs can provide the necessary basis for local governments to develop local tree care programs and improve quality of life. The General Assembly further declares that this chapter addresses only the tree resources on publicly owned lands, and shall in no way interfere with the ability of a landowner to manage and/or harvest his or her forested lands.
3 Del. C. § 707 — Delaware Code / Title 3 / Chapter 7 / Section 707
§ Â
        707. Same â Additional powers and duties.
Status: in_force

(a) The Agricultural Commodity Advisory Board shall:

(1) Adopt and administer rules and regulations for the administration of the development order;

(2) Recommend amendments to the order, such amendments to be adopted only after a referendum in which a majority of the producers voting favor such adoption;

(3) Prepare an annual estimated budget for the operation of the development order; and

(4) Prepare an annual report on the programs of the order, said report to be made available to the producers concerned.

(b) The Advisory Board shall provide a procedure for collection of the producer assessments to finance the development order and for the proper administration of the order.

(c) The Advisory Board shall provide for the refund of any fees or assessments paid by the producer who objects to payments of said fees or assessments.

(d) The Advisory Board is authorized to accept donations of funds, property, services or other assistance from public or private sources for the purpose of furthering the objectives of this chapter.

(e) The Advisory Board shall have the right to investigate and prosecute in the name of the State any action or suit to enforce the collection or insure payment of fees or assessments authorized by this chapter, and to sue and to be sued in the name of the Board and to do all other things necessary to the administration and implementation of this chapter.

(f) The Advisory Board shall be responsible for the collection and expenditure of all funds provided for under this chapter and shall provide for an annual audit of funds to be made by a certified auditing firm. An annual financial statement shall be available to any participant upon request.
3 Del. C. § 410 — Delaware Code / Title 3 / Chapter 4 / Section 410
§ Â
        410. Aquaculture facility protection.
Status: in_force

It shall be unlawful for any person, without the written consent of the owner, to remove, destroy or release cultured aquatic stock from a registered aquaculture facility or introduce any toxic substance directly or indirectly into the waters of a registered aquaculture facility.
3 Del. C. § 1034 — Delaware Code / Title 3 / Chapter 10 / Subchapter III / Section 1034
§ Â
        1034. Community Forestry Council.
Status: in_force

(a) There is established in the Department a Community Forestry Council, which shall consist of 13 members appointed by the Secretary. Membership shall include at least 1 representative each from the USDA Cooperative Extension System, the Governor’s Forestry Advisory Council, the Master Gardener program and the Delaware Association of Nurserymen; an arborist or similar tree care expert; a county or municipal government official; a member of an institution of higher learning within the State who possesses urban forestry expertise; and a private citizen from each county. Each member shall be a citizen with expertise or interest in trees, forestry, or tree or forest management, maintenance or care. The Department’s Urban Forestry Coordinator and State Forester shall serve as ex officio members.

(b) Each member shall serve for a period of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Council shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, except that each member shall serve until a successor is duly appointed.

(c) A person who has never served on the Council may be appointed to the Council 2 consecutive times, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Council or who has served on the Council for 6 years within any 9-year period shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.

(d) Five members of the Council shall be appointed each year for a 3-year term.

(e) A member of the Council shall be suspended or removed by the Secretary for misfeasance, nonfeasance, malfeasance or neglect of duty.

(f) Chapter 58 of Title 29 shall apply to all members of the Council and to all agents appointed or otherwise employed by the Council.

(g) A majority of the membership of the Council shall constitute a quorum for the transaction of Council business. Action may be taken and motions and resolutions adopted by the Council at any meeting thereof by the affirmative votes of a majority of the full membership of the Council.

(h) Members of the Council shall serve without compensation, but may be reimbursed for expenses necessarily incurred in the discharge of their official duties.

(i) The Council shall elect a chairperson, vice chairperson and other officers as may be necessary.

(j) The Council shall advise the State Forester and the Department on issues concerning community forestry and assist with such functions.
3 Del. C. § 8511 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8511
§ Â
        8511. Exclusive buy and sell requirements of bylaws; liquidated damages; enforcement.
Status: in_force

The bylaws may require common stockholders to sell all or any part of their specifically enumerated agricultural or other similar products, and to buy all or any part of their specifically enumerated supplies, exclusively through the association, but, in such case, shall specify a reasonable period in each year during which such stockholders, by giving notice prescribed in the bylaws, may withdraw and be released from their obligation to employ the services of the association in respect to such products and supplies. The bylaws or contracts, or both, may fix, as liquidated damages, specific sums to be paid to the association to reimburse it for any damages which it, or the stockholders, sustain by the failure of any common stockholder or other patron to perform any obligation to the association under the articles of association, the bylaws, or any contract with the association, and such provision shall be valid and enforceable in the courts of this State. A court of equity may grant an injunction to prevent breach of the contract and may decree specific performance thereof.
3 Del. C. § 710 — Delaware Code / Title 3 / Chapter 7 / Section 710
§ Â
        710. Compensation of Board.
Status: in_force

Each member of the Advisory Board, except the Secretary, shall be entitled to a reasonable per diem to be fixed in the development order and actual expenses incurred while attending Board meetings, but only actual expenses incurred while engaged in official business of the Advisory Board.
3 Del. C. § 601 — Delaware Code / Title 3 / Chapter 6 / Section 601
§ Â
        601. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Viticulture Act.”
3 Del. C. § 1212 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1212
§ Â
        1212. Registration of noncertified individuals; fee.
Status: in_force

(a) The Department shall by regulation provide a program of registering noncertified individuals in the employ of licensees.

(b) The Department shall by regulation charge a fee not to exceed $25 for the registration of noncertified individuals in the employ of licensees.

(c) The employee registration fee shall not be required of a certified commercial applicator, provided that the applicator’s certificate is valid.
3 Del. C. § 7325 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7325
§ Â
        7325. Report of veterinarians; vaccination identification; noncompliance.
Status: in_force

Each veterinarian authorized to make vaccinations shall report to the Department of Agriculture on forms furnished by it all vaccinations. Every animal vaccinated under this chapter shall have tattooed in the animal’s left ear such numerals and letters as the Department of Agriculture authorizes. Any veterinarian not complying with the rules made by the Department of Agriculture for the control and eradication of Bang’s disease shall not be assigned any further state work.
3 Del. C. § 1008 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1008
§ Â
        1008. State forests, parks, experimental stations and demonstration areas.
Status: in_force

The Department of Agriculture may:

(1) Acquire in the name of the State, by purchase, gift or otherwise, lands for the establishment of state forests, state forest parks, experimental stations and demonstration areas, and to hold, manage, regulate, control, maintain and utilize the same, but the amount expended for the acquisition of such lands in any biennial period shall not exceed the amount appropriated for the purpose and not otherwise used;

(2) Sell or exchange such forest lands whenever it is of advantage to the state forest interests, if such sale or exchange is approved by the Governor of the State. Any deed or evidence of title necessary to be given shall be executed on behalf of the State by the Governor and shall be under the Great Seal of the State;

(3) Set aside within the state forests unusual or historic groves of trees or natural features particularly worthy of permanent preservation, make the same accessible and convenient for public use, and dedicate them in perpetuity to the people of the State for recreation and enjoyment;

(4) Lease or assign a right for any period not exceeding 10 years to any citizen, public service company, association, organization or public or private agency, on such terms and conditions as are approved by the Department, such portions of any state forest lands under the administrative control of the Department, together with such building, structure or improvement thereon as shall be deemed advisable by the Department; and

(5) Establish a program for issuing permits for various activities on state forest land. Said program shall include but is not limited to the authority to adopt standards and regulations for issuances of permits, including fees for the use of state forest property by private parties, by the Department of Agriculture. It is expressly provided that said fees collected by the Department shall be defined by Department rules and regulations and shall not affect the State appropriation or be deducted therefrom, but shall be so much additional moneys available for carrying out the provisions of this subsection, and said fees shall be paid to the State Treasurer and credited by him/her to the State Forestry Fund for carrying out the purposes of this subchapter.
3 Del. C. § 409 — Delaware Code / Title 3 / Chapter 4 / Section 409
§ Â
        409. Suspension or revocation of registration.
Status: in_force

The Department of Agriculture may, after due notice, suspend or revoke any aquaculture registration which does not comply with the requirements of this chapter or the regulations promulgated by the Department of Agriculture. A person affected by such suspension or revocation may request a hearing before the Department of Agriculture. A hearing shall be held within 30 days after the request. Within 30 days after the hearing, the Department of Agriculture shall affirm, withdraw or modify its action by an order based upon the record of the hearing. An appeal from that order may be taken to the Superior Court within 30 days of the suspension or revocation order. If no request for a hearing is made within 30 days of the suspension or revocation order, the suspension or revocation will be effective and the registration is suspended or revoked. All fines and penalties for violations of this subsection shall be paid to the Department of Agriculture and deposited in the general fund account.
3 Del. C. § 8216 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8216
§ Â
        8216. Purpose.
Status: in_force

Transferred to § 3012F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 2404 — Delaware Code / Title 3 / Chapter 24 / Section 2404
§ Â
        2404. Importation; transportation; elimination.
Status: in_force

(a) It shall be unlawful to import designated noxious weeds into this State, or to transport designated noxious weeds within this State, in any form capable of growth, except for purposes of research with the prior written approval of the state Department of Agriculture. It shall be unlawful to knowingly contaminate any uninfested land or roadway with designated noxious weeds through the movement of rootstocks, seed, soil, mulch, nursery stock, farm machinery, or other medium.

(b) It shall be unlawful to knowingly allow designated noxious weeds to set seed on any land, or to allow any portion of a designated noxious weed plant to reach a height of 24 inches; and it shall be the duty of each landowner or person who has the present right to possess and/or use the land to mow, cultivate, treat with chemicals, or use such other practices as may be prescribed by the Department of Agriculture as effective in preventing seed set on designated noxious weed infestations or in elimination of the designated noxious weed plant.
3 Del. C. § 702 — Delaware Code / Title 3 / Chapter 7 / Section 702
§ Â
        702. Purpose; construction.
Status: in_force

(a) It is hereby declared to be in the interest of the public welfare that Delaware farmers who produce agricultural commodities for domestic and foreign markets shall be permitted to act separately or jointly in cooperation with handlers, dealers and processors of such products, with the Delaware Department of Agriculture, the University of Delaware’s College of Agricultural Sciences and any other qualified agencies, to provide funds to assist in education, research, production and market development related to such commodities. It is further declared that provisions for the establishment of Agricultural Commodity Advisory Boards are deemed an appropriate means to accomplish the purpose.

(b) This chapter shall not be construed to abrogate or limit in any way the rights, powers, duties and functions of the Secretary of Agriculture or any other agency of the State, but shall be supplementary thereto, and in aid and cooperation therewith.
3 Del. C. § 918 — Delaware Code / Title 3 / Chapter 9 / Subchapter III / Section 918
§ Â
        918. Benefits of easement conveyance.
Status: in_force

In addition to the district benefits set forth in § 911 hereof of this title, the owner of real property subject to a preservation easement shall be entitled to exemption from taxation for the transfer of any interest in such real property by death otherwise subject to the estate tax under Chapter 15 of Title 30. The Department of Finance shall be entitled to adopt requirements to effectuate the exemption from taxation as provided hereunder.
3 Del. C. § 10001 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10001
§ Â
        10001. Definitions.
Status: in_force

As used in this chapter:

(1) “Commission” means the Delaware Harness Racing Commission.

(2) “Commissioner” means a member of the Delaware Harness Racing Commission.

(3) “Harness racing,” “harness races,” “harness horse racing” or “harness horse races” means and includes only any racing of horses in which the horses competing or participating are harnessed to a sulky, carriage or similar vehicle and are not mounted by a jockey.
3 Del. C. § 7407 — Delaware Code / Title 3 / Chapter 74 / Section 7407
§ Â
        7407. Violations and penalties.
Status: in_force

Whoever fails to report an equine, knowing or suspecting the same to be infected with Equine Infectious Anemia, or who knowingly moves a suspected or positively diagnosed equine from one premise to another, or who fails to keep such equine under quarantine in accordance with § 7403 of this title, shall be penalized as the Delaware Harness Racing Commission or Delaware Racing Commission sees fit.
3 Del. C. § 1075 — Delaware Code / Title 3 / Chapter 10 / Subchapter VI / Section 1075
§ Â
        1075. Injunctive relief.
Status: in_force

Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this subchapter or rules or regulations adopted pursuant to it, the State Forester may bring an action in the Court of Chancery to restrain or to enjoin the acts or practices and to enforce compliance with this subchapter. The Court shall not require the Department of Agriculture to post a bond.