3 Del. C. § 929 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 929
§ Â
        929. Construction of chapter.
Status: in_force

This chapter and the regulations promulgated thereunder shall be construed liberally to effectuate the legislative intent and as complete authority for the performance of each and every act and thing herein authorized.
3 Del. C. § 408 — Delaware Code / Title 3 / Chapter 4 / Section 408
§ Â
        408. Aquaculture registration.
Status: in_force

The owner(s) of an aquaculture facility shall register same with the Department of Agriculture on forms and in accordance with procedures established by the Department of Agriculture. The Department of Agriculture shall promulgate regulations to establish criteria for the registration of an aquaculture facility. The Department of Agriculture shall maintain a registry of aquaculture facilities to assist in the administration of the State aquaculture program. Aquaculture facility registration shall be valid for 5 years from the date of issue. The owner of an aquaculture facility shall renew the registration of the facility in the event of any change in ownership or a significant change in operations.
3 Del. C. § 10050 — Delaware Code / Title 3 / Chapter 100 / Subchapter III / Section 10050
§ Â
        10050. Fraudulent certificate of registration or eligibility documents; class G felony.
Status: in_force

Notwithstanding the provisions of § 10049 of this chapter, whoever makes a false written statement which he/she knows to be false or does not know to be true in a certificate of registration issued by the United States Trotting Association, in any application for such a certificate of registration or in any eligibility documents issued by the United States Trotting Association shall be guilty of a class G felony as defined in Title 11.
3 Del. C. § 1234 — Delaware Code / Title 3 / Chapter 12 / Subchapter VII / Section 1234
§ Â
        1234. Licensee to keep records; duration; submission to Department.
Status: in_force

(a) The Department shall require the licensee or certified commercial applicators to maintain records with respect to applications of pesticides. Such relevant information as the Department may deem necessary may be specified by regulation. The Department may require the licensee to maintain records related to applications of certain “state restricted pesticide uses.”

(b) Such records shall be kept for a period of 2 years from the date of the application of the pesticide to which such records refer.

(c) Such records shall be made available for inspection to the Department by the licensee or certified applicator upon request in writing by the Department.
3 Del. C. § 7336 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7336
§ Â
        7336. Certification as modified accredited area.
Status: in_force

When the percentage of Bang’s disease infected cattle within a county, hundred, district or other designated area enrolled in the area or any other plan of Bang’s disease testing approved by the Department of Agriculture, as shown by the last preceding Bang’s disease test of all breeding and dairy cattle within the county, hundred, district or other designated area is reduced to meet the requirements of a “modified accredited area,” as officially defined by the United States Department of Agriculture, the Department shall apply to the United States Department of Agriculture for the certification of such county, hundred, district or other designated area as a “modified accredited area.”
3 Del. C. § 402 — Delaware Code / Title 3 / Chapter 4 / Section 402
§ Â
        402. Declaration of purpose.
Status: in_force

The General Assembly finds and declares it to be in the interest of the general welfare and economic prosperity of the State to have a comprehensive and ongoing program to promote and encourage aquacultural activities. The General Assembly further declares aquaculture in a closed system to be an agricultural activity under the authority of the Department of Agriculture which shall coordinate these types of aquacultural activities in the State.
3 Del. C. § 501 — Delaware Code / Title 3 / Chapter 5 / Section 501
§ Â
        501. Appointment.
Status: in_force

The Department of Agriculture shall appoint a suitable person to serve as State Chemist.
3 Del. C. § 1233 — Delaware Code / Title 3 / Chapter 12 / Subchapter VII / Section 1233
§ Â
        1233. Reports of pesticide accidents, incidents or loss.
Status: in_force

(a) The Department may by regulation require the reporting of pesticide accidents or incidents to the Department.

(b) Any person claiming damages from a pesticide application shall have filed with the Department on a form prescribed by the Department a written statement claiming that such person has been damaged. This report shall have been filed within 60 days after the date that damage occurred, except that if a growing crop is alleged to have been damaged, the report must be filed prior to the time that 25% of the damaged crop has been harvested. Such statement shall contain, but shall not be limited to, the name of the person allegedly responsible for the application of said pesticide, if known, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred and the date on which the alleged damage occurred. The Department shall prepare a form to be furnished to persons to be used in such cases and such form shall contain such other requirements as the Department may deem proper. The Department shall, upon receipt of such statement, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility of the damages claimed, and furnish copies of such statements as may be requested. The Department shall inspect damages whenever possible and when it determines that the complaint has sufficient merit, it shall make such information available to the person claiming damage and to the person who is alleged to have caused the damage.

(c) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action.

(d) Where damage is alleged to have occurred, the claimant shall permit the Department, the licensee and the licensee’s representatives, such as bond agent or insurer, to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that such damage may be examined. Failure of the claimant to permit such observation and examination of the damaged lands shall automatically bar the claim against the licensee.

(e) Nothing in this chapter shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of the Department.
3 Del. C. § 10030 — Delaware Code / Title 3 / Chapter 100 / Subchapter II / Section 10030
§ Â
        10030. Licenseeâs annual financial statement.
Status: in_force

Every licensee shall file with the Department of Finance not later than 4 months after the close of its fiscal year a statement, duly certified by an independent public accountant, of its receipts from all sources whatsoever during the fiscal year and of all expenses and disbursements, itemized in the manner and form directed by the Department of Finance, showing the net revenue from all sources derived by the licensee during the fiscal year covered by such statement.
3 Del. C. § 2116 — Delaware Code / Title 3 / Chapter 21 / Section 2116
§ Â
        2116. âStop saleâ orders.
Status: in_force

The Secretary may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lots of commercial fertilizer or soil conditioner to hold such commercial fertilizer or soil conditioner at a designated place when the Secretary finds that it is being offered or exposed for sale in violation of any of the provisions of this chapter, until the law has been complied with and said commercial fertilizer or soil conditioner is released in writing by the Secretary, or said violation has been otherwise legally disposed of by written authority. The Secretary shall release the commercial fertilizer or soil conditioner so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
3 Del. C. § 8512 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8512
§ Â
        8512. Amendment of articles of association.
Status: in_force

The articles of association may be amended pursuant to an affirmative vote of two-thirds of all the common stockholders or the members of a representative body or council in attendance at any regular meeting, or at a special meeting called for the purpose, due notice of the time, place and object of which regular or special meeting has been given as prescribed in the bylaws. A copy of such amendment, signed and acknowledged by not less than 3 of the directors, shall be presented to the Secretary of State, who shall examine the same, and, if he or she finds it in proper form, shall endorse approval thereon. The amendment shall then be filed in the office of the Secretary of State. A certified copy of the amendment, together with the endorsements thereon, shall then be recorded in the office of the recorder of deeds in the county where the principal place of business is situated.
3 Del. C. § 10122 — Delaware Code / Title 3 / Chapter 101 / Subchapter II / Section 10122
§ Â
        10122. Application; inspections and examinations; rejection; award of dates and maximum racing days.
Status: in_force

(a) Any person desiring to conduct a racing meet within this State during any calendar year shall apply to the Commission for a license to do so. The application shall be filed with the Secretary of the Commission on or before a day to be fixed by the Commission. The application shall specify the days on which racing is desired to be conducted or held and shall be in such form and supply such data and information, including a blueprint of the track and specifications of its surface and blueprints and specifications of buildings and the grandstand on the land of the applicant where the meeting is to be conducted as the Commission prescribes. The blueprints and specifications shall be subject to the approval of the Commission, which, at the expense of the applicant, may order such engineering examination thereof as to the Commission seems necessary. The erection and construction of the track, grandstand and buildings of any applicant for a license to conduct racing under this chapter shall be subject to the inspection of the Commission which, at the expense of the applicant, may employ such inspectors as it considers necessary for that purpose.

(b) (1) No license shall be issued by the Commission for flat racing on a track less than 1 mile in circumference or for steeplechase racing in the infield of a track less than 1 mile in circumference.

(2) The Commission may reject any application for a license for any cause which it deems sufficient, and the action of the Commission shall be final.

(c) The Commission shall, upon application to it and on or before the 1st Tuesday in February of each year, award dates for racing within the respective counties of this State for the current year. The dates so awarded for racing to be conducted in any 1 county shall not exceed 340 days in the aggregate in which racing will be conducted in any 1 county in this State, and the decision of the Commission on the award of dates shall be final. Dates awarded in any 1 county shall be used by the licensee in that county for racing in that county only. Anything in this subsection to the contrary notwithstanding, in calendar year 1992 only, the Commission may upon application submitted to it on or before September 1, 1992, meet subsequent to the 1st Tuesday in May and award additional dates for racing within the respective counties of this State for 1992; provided, however, that the Commission may award additional dates, beyond any limits prescribed elsewhere, for racing days limited exclusively to the receiving and accepting of wagers or bets on electronically televised simulcasts of horse races.

(d) No more than 2 racing meets shall be held in any 1 county in any 1 year.

(e) The Commission may meet subsequent to the 1st Tuesday in February of each year and award dates for racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with any other provision of this chapter. In calendar year 1985, the Commission may meet subsequent to July 1, 1985, and award additional dates for racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with any other provision of this chapter.

(f) No part of this chapter shall be construed to apply to harness horse racing or harness horse races.
3 Del. C. § 2105 — Delaware Code / Title 3 / Chapter 21 / Section 2105
§ Â
        2105. Labels.
Status: in_force

(a) Any commercial fertilizer distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the information required by § 2104(a)(1)-(4) of this title. In case of bulk shipments, this information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.

(b) A commercial fertilizer formulated according to the open formula method according to specifications furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis of each ingredient, and the name and address of the distributor; and after mixing, the guaranteed analysis on the label is to be determined by percentage of weight of a ton the same as is defined under “grade” in § 2103 of this title.
3 Del. C. § 302 — Delaware Code / Title 3 / Chapter 3 / Section 302
§ Â
        302. Powers; fees; Department of Agricultureâs Inspection Fund; annual reports.
Status: in_force

(a) The Department of Agriculture may:

(1) Make rules and regulations for the grading, packing, handling, storage and sale of all food products within the State, not contrary to law;

(2) Enforce its rules and regulations by actions or proceedings in any court of competent jurisdiction;

(3) Provide official inspection upon request, to fix according to established trade custom; and collect fees for such inspection of farm products, and issue certificates showing the grade or other classification of such product at the time of inspection, which certificates shall be accepted in any court in this State as evidence of the true grade or other classification at the time inspected; and

(4) Provide testing of feeds, fertilizers, liming materials, frozen desserts, milk and milk products for the public and charge for the cost of these services.

(b) The fees collected by the Department of Agriculture for its inspection service shall be paid into the State Treasury and the State Treasurer shall deposit the same to the credit of a special fund entitled “Department of Agriculture Inspection Fund,” from which necessary expenses of the Department of Agriculture for fruit, vegetable, poultry and grain inspections and the testing of feeds, fertilizers, liming materials, frozen desserts, milk and milk products shall be paid, upon proper vouchers signed by the Secretary of the Department of Agriculture. The Department of Agriculture’s Inspection Fund shall be a revolving fund and no funds deposited therein shall revert to the General Fund of the State Treasury, except for funds appropriated by the 117th General Assembly to begin said Fund, which funds shall be paid back to the State Treasurer out of said Department of Agriculture’s Inspection Fund on or before June 30, 1955. The Department of Agriculture shall annually, on or before January 31st, make a report to the Governor of all income and expenditures made from said Fund. A copy of said reports shall be given biannually, on or before January 31st, to the members of the General Assembly.
3 Del. C. § 1107 — Delaware Code / Title 3 / Chapter 11 / Section 1107
§ Â
        1107. Shipment of plant pests and biological control agents.
Status: in_force

(a) No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment any plant pest or biological control agent without a U.S. Department of Agriculture — Animal and Plant Health Inspection Service — Plant Protection and Quarantine — Application and Permit to Move Live Plant Pests and Noxious Weeds, PPQ Form 526, supplements thereto, or any publication revising or superseding the aforementioned, or its State equivalent. Permits may be issued only after the Department determines that the proposed shipment or use will not create a hazard to the agricultural, forest or horticultural interests of this State or the State’s general environmental quality. The permit shall be affixed conspicuously and on the exterior of each shipping container, box, package, etc. or accompany each shipping container, box, package, etc. as the Department directs.

(b) The Department shall regulate and control the sale and use of biological control agents, as defined in this chapter, to assure their safety and effectiveness in the control of injurious plant pests and to prevent the introduction or use of biological control agents which may be injurious to persons, property, useful plant or animal life, nontarget species, agriculture, forest lands, horticultural interests or the State’s general environmental quality.

(c) Any person(s) who ships plant pests or biological control agents without the knowledge of the Department performs an illegal act and shall be liable for the imposition of a civil penalty as prescribed in this chapter.
3 Del. C. § 2108 — Delaware Code / Title 3 / Chapter 21 / Section 2108
§ Â
        2108. Plant food deficiency.
Status: in_force

(a) If analysis shows that a commercial fertilizer is deficient in 1 or more of its guaranteed primary plant foods (NPK) beyond the “investigational allowances” as established by published regulation, or if the overall index value of the fertilizer is below the level established by regulation, a penalty of 2.3 times the commercial value (as defined in § 2109 of this title) of such deficiency(s) shall be assessed. When a fertilizer is subject to a penalty under both, the larger penalty payment shall apply.

(b) Deficiencies beyond the investigational allowances as established by regulation as provided in subsection (a) of this section in any other constituent(s) covered under § 2103(8)b., c., and d. of this title, which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed therefor by the Secretary by published regulation.

(c) All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within 3 months after the date of notice from the Secretary to the registrant, receipts taken therefor and promptly forwarded to the Secretary. If said consumers cannot be found, the amount of the penalty shall be paid to the Department which shall deposit same in the General Fund.

(d) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly subject to official action.
3 Del. C. § 8514 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8514
§ Â
        8514. Sale of assets.
Status: in_force

Any association organized, existing or registered as a cooperative agricultural association under this chapter may sell, lease or exchange all its property and assets, including its goodwill and its corporate franchises, upon such terms and conditions and for such consideration as its board of directors deems expedient and for the best interests of the corporation, when authorized by written consent of the holders of a majority of the stock issued and outstanding having voting power or by vote of said stockholders at a meeting duly called for that purpose. No such authorization by vote or written consent is required where its board of directors determines that the fair value of its property and assets is less than the par value of its outstanding stock and its property and assets are sold to another association organized, existing or doing business as a cooperative agricultural association in this State and registered as provided under this chapter, in exchange for the obligation to purchase or redeem, at the par value, any of its stock offered for sale or redemption by its stockholders and the obligation to assume and pay all its debts.
3 Del. C. § 1709 — Delaware Code / Title 3 / Chapter 17 / Section 1709
§ Â
        1709. Inspections; sampling; analysis.
Status: in_force

(a) The Department, individually or through its authorized agent, shall sample, inspect, make analyses of, and test commercial feeds and customer-formula feeds distributed within this State at such time and place, and to such an extent as it may deem necessary to determine whether such feeds are in compliance with this chapter. The Department, individually or through its agent, may enter upon any public or private premises including any vehicle of transport during regular business hours in order to have access to commercial feeds and customer-formula feeds and to records relating to their distribution and storage.

(b) The methods of sampling and analysis shall be those adopted by the Association of Official Agricultural Chemists International. In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the Secretary may adopt such appropriate methods from other sources.

(c) The Department, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided solely by the “official sample” as defined in § 1703 of this title and obtained and analyzed as provided for in subsection (b) of this section.

(d) When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the Department to the distributor and the purchaser. Within 30 days of a request, the Department shall furnish to the distributor a portion of the samples concerned.
3 Del. C. § 8006 — Delaware Code / Title 3 / Chapter 80 / Section 8006
§ Â
        8006. Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court.
Status: in_force

Transferred to § 3006F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 3171 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3171
§ Â
        3171. Income from collateral.
Status: in_force

The milk dealer or handler shall be entitled to all moneys received by the State Treasurer as interest or dividends upon any security or securities deposited by such milk dealer or handler with the Department of Agriculture and transmitted by the Department to the State Treasurer for safekeeping, in accordance with this subchapter. The milk dealer or handler shall not be entitled to interest or dividends if there is on file with the Department a valid unpaid claim of a producer against the milk dealer or handler, based on milk sold, supplied or made available by such producer to the milk dealer or handler.
3 Del. C. § 7512 — Delaware Code / Title 3 / Chapter 75 / Section 7512
§ Â
        7512. Violations and penalties.
Status: in_force

Whoever violates this chapter or any order or quarantine regulation issued hereunder, or interferes in any way with the duly-appointed representatives of the Department of Agriculture in the discharge of the duties specified in this chapter shall be subject to the assessment of a civil penalty of no less than $100 and no more than $1,000 on each count. For purposes of §§ 7505, 7509, 7510 and 7513 of this title, each colony shall constitute a single offense or count. For § 7504(b) of this title no penalty should be assessed. No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or the Secretary’s designee. No civil penalty shall be assessed unless the person charged shall have been given notice and an opportunity for a hearing on such a charge in accordance with Chapter 101 of Title 29.
3 Del. C. § 405 — Delaware Code / Title 3 / Chapter 4 / Section 405
§ Â
        405. Limitations.
Status: in_force

Aquaculture activities shall not promote the introduction of any nonindigenous species that harbor disease, parasites or are capable of surviving and adversely competing with indigenous plant or animal species.
3 Del. C. § 10060 — Delaware Code / Title 3 / Chapter 100 / Subchapter IV / Section 10060
§ Â
        10060. Combined pari-mutuel pools on interstate simulcast wagering.
Status: in_force

(a) On interstate simulcasts of races that a person licensed under this chapter transmits or receives, the licensee may combine wagers made at the licensee’s track with wagers of the same type made at out-of-state facilities where wagering is lawful.

(b) The purpose of this section is to allow the creation of common pari-mutuel pools for calculating odds and determining payouts.

(c) The wagers made at out-of-state facilities may not be considered part of the licensee’s pari-mutuel pools for any purpose other than the purpose specified under subsection (b) of this section.
3 Del. C. § 7700 — Delaware Code / Title 3 / Chapter 77 / Section 7700
§ Â
        7700. Definitions
Status: in_force

As used in this chapter:

(1) “Agent of the department” means a person who acts on behalf of the Department to carry out its activities.

(2) “At large” means livestock that strays from confinement or restraint and from the property of the owner including livestock that strays into a confined area that is owned by a person other than the owner of the livestock.

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

(4) “Livestock” means domesticated species including: bovine, camelid, cervid, equine, swine, ruminants, ratites, rabbits, poultry, and other animals harvested for food, fiber, fur, or leather.

(5) “Unenclosed lands” means lands, other than the livestock owner’s property, where the livestock would be able to run loose, free of confinement, or otherwise unrestrained by the livestock owner.
3 Del. C. § 10004 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10004
§ Â
        10004. Removal of Commissioner from office.
Status: in_force

The Governor shall remove any or all of the Commissioners for inefficiency, neglect of duty or misconduct in office, first giving to him or her or them, a copy of the charges filed against him or her or them and an opportunity of being publicly heard in person or by counsel in his or her or their defense upon not less than 10 days written notice. If any of the Commissioners is removed from office, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the Commissioner and the Governor’s findings thereof, together with a complete record of the proceedings.
3 Del. C. § 8544 — Delaware Code / Title 3 / Chapter 85 / Subchapter IV / Section 8544
§ Â
        8544. Suits by association against buyers; joinder of stockholder or patron.
Status: in_force

(a) Where a contract provides that an association may collect the price of products or commodities sold through the association or facilities created by it, the association may maintain an action against any buyer of such products or commodities for the price, in its own name, without joining such stockholder or patron, with the same force and effect as if the association held title to the products or commodities and to the claim for the price thereof, and it shall not be a defense to any buyer to plead payment of the price to the stockholder or patron where the buyer has notice of the contract between the association and its stockholder or patron prior to the alleged payment.

(b) Where a contract provides that an association may make, or have the buyer make, a deduction from the proceeds of the sale of products or commodities sold through the association or facilities created by it, to be paid to the association, the association may maintain an action for the deduction, in its own name, without joining its stockholder or patron, with the same force and effect as if the association held title to the products or commodities and to the claim for the full price thereof, and it shall not be a defense to any buyer to plead payment of the price to the stockholder or patron where the buyer has notice of the contract between the association and its stockholder or patron prior to the alleged payment.

(c) Where a contract provides that an association may make, or have the buyer make, a deduction from the proceeds of the sale of products or commodities sold through the association or facilities created by it, to be paid to the association, the association shall have the right to maintain an action for the deduction in its own name without joining its stockholder or patron, with the same force and effect as if the association held title to the products or commodities or to the claim for the full price of the products or commodities, or to a claim in the amount of such deduction, and it shall not be a defense to a buyer to plead payment of all of the price of the products or commodities, including the deduction authorized to be made, to the stockholder or patron where such buyer has notice of the contract between the association and its stockholder or patron prior to the payment, or to plead that the effect of the provisions of this chapter constitute a partial assignment of the claim of the stockholder or patron.
3 Del. C. § 8712 — Delaware Code / Title 3 / Chapter 87 / Section 8712
§ Â
        8712. Offenses.
Status: in_force

(a) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the Secretary to show the kinds of animals from which they were derived.

(b) No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in intrastate commerce, any livestock products or poultry products which are not intended for use as human food, unless they are denatured or otherwise identified as required by the regulations of the Secretary or are naturally inedible by humans.

(c) No person engaged in the business of buying, selling, or transporting in intrastate commerce dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in such commerce, any dead, dying, disabled or diseased livestock or poultry or the products of any such animals that died otherwise than by slaughter, unless such transaction or transportation is made in accordance with such regulations as the Secretary may prescribe to assure that such animals, or the unwholesome parts of products thereof, will be prevented from being used for human food purposes.
3 Del. C. § 925 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 925
§ Â
        925. Recording.
Status: in_force

The Foundation shall submit executed documents for recording in order to fully implement and enforce the provisions of this chapter. The offices of the Recorder of Deeds for the respective counties shall receive and appropriately index any such documents submitted by the Foundation. No recording cost, fee or charge of any nature shall be imposed for the recording of any documents or other materials submitted by the Foundation for purposes of implementing the provisions of this chapter.
3 Del. C. § 1302 — Delaware Code / Title 3 / Chapter 13 / Section 1302
§ Â
        1302. Nursery licensing requirements.
Status: in_force

(a) Any person, grower, agent, broker, dealer, mail-order merchant, commission merchant, consignor, landscaper, florist, greenhouse operator, chain store operator, garden center operator, roadside market operator, producer, or owner engaged directly with the distribution of plants, plant products, plant material, nursery stock, or horticultural products, is required to inform the Department of the existence of their operation and to obtain a nursery license before initiating business operations.

(b) A person required to comply with subsection (a) of this section shall obtain a nursery license for each of the person’s business, sales, or retail locations where multiple business, sales, or retail locations exist.

(c) The aforementioned person or persons are required to renew their nursery license prior to January 1 each year that they remain in operation. Nursery licenses issued by the Department shall be valid for a period of 1 year, beginning January 1 and ending December 31 of the same year.

(d) A person required to comply with subsection (a) of this section must complete the nursery license application (NLA) online. The Department shall make accommodations if internet access is not available. The NLA must include, as applicable, the following:

(1) Name of the owner or agent of the business to be licensed.

(2) Name and address of the business to be licensed.

(3) Location of all plant, plant material, or nursery stock fields or storage areas.

(4) The number of acres in plant or nursery stock production or the square footage of the sales area devoted to plants, plant material, or nursery stock.

(5) A list that includes the names, addresses, and plants or plant material received from all suppliers, producers, or growers providing plants or nursery stock to the business. On request of the Department an updated list or invoices must be provided for the current year.

(6) Addresses of all sales locations.

(e) Licenses issued by the Department must be prominently displayed at the business location.
3 Del. C. § 1009 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1009
§ Â
        1009. Receipt of gifts; leases; expenditures.
Status: in_force

(a) The Department of Agriculture may, subject to the approval of the Governor:

(1) Receive gifts, donations, contributions and leases of land;

(2) Enter into long-term leases or cooperative agreements with private persons, groups of persons, or the federal government through any of its agencies or departments for desirable lands;

(3) Make expenditures from any funds available to the Department and not otherwise allocated for managing and developing such state forest areas as, in the judgment of the Department, further the forest interests of the State.

(b) All lands or rights appertaining thereto acquired in the name of the State by the Department of Agriculture and all lands turned over to the Department by gift, devise, grant, lease, agreement or otherwise shall be held, managed, regulated and controlled by the Department under Chapters 10, 26 and 91 of this title as state forest in accordance with law, and such grant, devise, lease or agreement as is entered into by the Department as in its judgment shall be to the best interest of the people of this State.
3 Del. C. § 1229 — Delaware Code / Title 3 / Chapter 12 / Subchapter VI / Section 1229
§ Â
        1229. Composition; appointments; terms; removal; vacancies.
Status: in_force

(a) The Pesticide Advisory Committee shall consist of 4 pesticide applicators residing in the State, 1 qualified to operate ground equipment, 1 qualified to operate aerial equipment, 1 qualified for turf and ornamental pest control and 1 qualified for structural pest control; 1 entomologist in public service; 1 environmental health specialist from the State Department of Health and Social Services; 1 toxicologist in public service; 1 plant pathologist in public service; 1 member from the agricultural chemical industry; 1 member from the food processing industry; 1 producer of agricultural crops or products on which pesticides are applied or which may be affected by the application of pesticides; and 2 representatives of the Department of Natural Resources and Environmental Control — 1 who by employment is responsible for the protection of environmental control, and 1 who by employment is responsible for fish and wildlife protection.

(b) Such members shall be appointed by the Governor for terms of 3 years and may be appointed for successive 3-year terms at the discretion of the Governor, provided, however, that at the inception of this chapter, the current members of the Committee established by 58 Delaware Laws, Chapter 166, continue to serve until the expiration of their respective terms.

(c) The Governor may remove for cause any member of the Committee prior to the expiration of the member’s term.

(d) Upon the death, resignation or removal for cause of any member of the Committee, the Governor shall fill such vacancy.
3 Del. C. § 7401 — Delaware Code / Title 3 / Chapter 74 / Section 7401
§ Â
        7401. Definitions.
Status: in_force

For the purpose of this chapter, unless the context otherwise requires:

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

(2) “Person” includes veterinary practitioner, racetrack official, racing commission official, private horse owner, trainer, jockey or private person.

(3) “Equine” includes all horses of every type and description.
3 Del. C. § 1023 — Delaware Code / Title 3 / Chapter 10 / Subchapter II / Section 1023
§ Â
        1023. Fish and Wildlife Agents and police officers as ex officio state forest officers.
Status: in_force

Fish and Wildlife Agents and state police officers shall be state forest officers ex officio and shall have the same powers and authority assigned to state forest officers appointed under this subchapter.
3 Del. C. § 2508 — Delaware Code / Title 3 / Chapter 25 / Section 2508
§ Â
        2508. Dealer to keep records.
Status: in_force

Every dealer who has received any agricultural product from a producer shall make and keep a correct record and retain the same for 2 years, showing in detail the following with reference to the handling or sale of such agricultural products, along with such other information as the Department by regulation may require:

(1) The name and address of the producer;

(2) The date received;

(3) The condition, grade (if officially graded) and quantity on receipt;

(4) The date of resale or transfer of the products to another;

(5) The price at which purchased and sold.
3 Del. C. § 2248 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2248
§ Â
        2248. Confined animal feeding operations subject to Clean Water Act Ââ402 requirements.
Status: in_force

(a) Section 301(a) of the Clean Water Act (CWA) [33 U.S.C. § 1311] establishes statutory requirements for the discharge of pollutants from point sources to waters of the United States. Under CWA § 502(14) and implementing regulations “concentrated animal feeding operations” are point sources subject to the National Pollutant Discharge Elimination System (NPDES) program. The Regulations Governing the Control of Water Pollution, § 9.5 Concentrated Animal Feeding Operation, 7 DE Admin. Code 7201-9.5, 14 Del. Reg. 482 (November 2010), as may be amended, are hereby ratified and approved. Said regulations, together with the State Technical Standards, are fundamental components of the CAFO NPDES Program. Nothing in this section shall be construed to require ratification or approval of any additions, deletions, revisions or amendments of any regulations enacted pursuant to this section at any time.

(b) The Secretaries of the Delaware Department of Agriculture (DDA) and the Department of Natural Resources and Environmental Control (DNREC) shall have authority to jointly promulgate and amend regulations for the CAFO NPDES Program, including but not limited to the authority to determine the extent to which any nutrient management plan (NMP), annual report, or other documents required to be submitted by a concentrated animal feeding operation permitted under the CAFO NPDES Program, shall be made public or not, and the authority to require any concentrated animal feeding operation to apply for and obtain an NPDES CAFO permit.

(c) Each person or concentrated animal feeding operation covered by this section or identified as requiring an NMP by DDA and DNREC shall develop and submit the requisite, signed NMP, on such terms and conditions as may be specified by DDA or DNREC. The NMP shall be developed in accordance with the provisions of § 2247 of this title, provided, however, that DNREC and DDA may prescribe additional or different requirements for an NMP submitted under the CAFO NPDES Program. As necessary, the NMP shall also include the following additional site specific handling and storage considerations:

(1) Diverting clean water from contacting animal waste or litter.

(2) Preventing storage, collection and conveyance systems from leaking organic matter, nutrients and pathogens to ground or surface water.

(3) Providing adequate storage to prevent polluted runoff.

(4) Handling manure and litter to reduce nutrient losses.

(5) Managing dead animals to protect ground and surface waters.

(6) Proper chemical handling.

(7) Tillage and crop residue management practices.

The NMP shall be amended pursuant to § 2247 of this title or whenever there is any significant change in the design, construction or operation which has a significant effect on the potential for the discharge of pollutants to state waters, or as may be otherwise required by regulation.

(d) The Memorandum of Agreement between DDA and DNREC dated December 16, 2010 (MOA), is hereby ratified and approved. DDA has authority to fulfill the terms of the MOA, to undertake all actions ancillary to the MOA, and otherwise to contribute to the CAFO NPDES Program.

(e) The Secretary shall notify a person in writing that an NPDES permit is required. Such notice shall include a brief statement of the reasons for the decision, an application form, a deadline for submission of the application and a statement regarding the effective date of coverage. A person’s obligation to independently seek and secure an NPDES permit is not conditioned upon or qualified by the Secretary’s duty to notify a person that an NPDES permit is required.
3 Del. C. § 303 — Delaware Code / Title 3 / Chapter 3 / Section 303
§ Â
        303. Expenses.
Status: in_force

All expenses incurred by the Department of Agriculture in the performance of its duties and powers except as provided by subsection (b) of § 302 of this title, shall be paid from funds appropriated for use of the Department of Agriculture.
3 Del. C. § 1911 — Delaware Code / Title 3 / Chapter 19 / Section 1911
§ Â
        1911. Assessment for deficiency.
Status: in_force

(a) If the analysis of any agricultural liming material shall fall as much as, or more than, 10% in value below the value of the manufacturer’s guarantee, the Department of Agriculture shall assess twice the value of such deficiency against the manufacturer, dealer or agent who sold such agricultural liming material. The assessment shall be based upon the selling price of such agricultural liming material, and the Department of Agriculture shall require the manufacturer, dealer or agent to make good such assessment to all persons who purchased such lot of agricultural liming material from which such deficient sample or samples were drawn, take receipt therefor and forward it promptly to the Department of Agriculture. If the purchaser or purchasers cannot be found, the amount of such assessment shall be paid to the Department of Agriculture who shall transfer such funds to the State Treasurer to be credited to the General Fund of this State.

(b) The Department of Agriculture may seize any agricultural liming material belonging to such manufacturer, dealer or agent, if the assessment shall not be paid within 3 months after notice to such manufacturer, dealer or agent has been given by the Department of Agriculture.
3 Del. C. § 10026 — Delaware Code / Title 3 / Chapter 100 / Subchapter II / Section 10026
§ Â
        10026. Suspension or revocation; appeal.
Status: in_force

Any license issued by the Commission shall be subject to suspension or revocation by the Commission for any cause whatsoever which the Commission deems sufficient. 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. The propriety of such action shall be subject to review, upon questions 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. § 3119 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3119
§ Â
        3119. Authority to enter premises and examine books, records and testing apparatus.
Status: in_force

The Department of Agriculture or its agents may enter the premises and examine the books, the records and testing apparatus of any person, for the purpose of carrying out this subchapter.
3 Del. C. § 10027 — Delaware Code / Title 3 / Chapter 100 / Subchapter II / Section 10027
§ Â
        10027. Rules of United States Trotting Association.
Status: in_force

Every license issued under this chapter shall contain a condition that all harness races or racing meets conducted thereunder shall be subject to the reasonable rules and regulations from time to time prescribed by the United States Trotting Association. Any rule or regulation of the United States Trotting Association may be modified or abrogated by the Commission upon giving the United States Trotting Association an opportunity to be heard. All grooms, drivers and owners and their employees of any horses entered, or to be entered, in any harness racing meet licensed under this chapter shall be subject to said rules and regulations prescribed as aforesaid by the said United States Trotting Association. Said rules of the United States Trotting Association may be modified or abrogated by the Commission upon giving the United States Trotting Association an opportunity to be heard.
3 Del. C. § 934 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 934
§ Â
        934. Forestland preservation area restrictions.
Status: in_force

(a) The forestlands included in a forestland preservation area shall be subject to the following restrictions:

(1) No rezoning or major subdivision of the real property shall be allowed;

(2) Activities conducted on the real property shall be limited to forestry production, forestry operations, forestry management and control, wildlife habitat management, and related activities;

(3) No residential use of the real property shall be allowed, except for the seasonal recreational dwelling usage designated pursuant to § 933(7) of this title hereof;

(4) No conversion of the forestland to cropland, pasture land, open space or other types of land uses shall be allowed.

(5) No permanent commercial or industrial structures shall be located on the real property; and

(6) No mining, commercial excavation or extractive uses shall be conducted on the property.

(7) No disposal, burial, storage, or stock piling of junk, vehicles, equipment, liquid waste, solid waste or other liquid or solid materials, except that wastewater spray irrigation shall be allowed utilizing best available treatment technology with storage and treatment facilities located on lands other than forestland preservation areas.

(b) Forestry management, control and related activities allowed on forestland preservations areas are:

(1) Hunting, trapping and fishing provided such activities are limited to private noncommercial activities and do not adversely affect the forestland use of the property, and provided further that leasing of the property for such noncommercial activities shall be allowed.

(2) Easements, licenses and other property interests for utility, telecommunications, and access uses subject to the requirements set forth in § 909(a)(5)f. of this title;

(3) The use of portable nonpermanent forest planting, harvesting and processing equipment;

(4) Conservation, educational and research activities related to forestlands;

(5) Ditching for drainage necessary to enhance or preserve forestlands; and

(6) The grazing of livestock, excluding housing or shelters, subject to prior approval by the State Forester;

(7) Timbering and reforestation;

(8) Noncommercial private recreational uses such as hiking, horseback riding, and primitive camping, provided such activities do not adversely affect the forestland use of the property; and

(9) Activities involving best forestland management practices.

(c) Any transfer of real property in a forestland preservation area or subject to a forestland preservation easement shall be preceded by the execution by the transferee of a document, in recordable form and as prescribed by the Foundation, which references the restrictions applicable to the real property.

(d) The restrictions set forth in a forestland preservation area agreement shall be deemed covenants which run with and bind the lands in the forestland preservation area for a period of 10 years or any extended period from the date of approval of the forestland preservation area. The real property in a forestland preservation area shall be released from the restrictions at the expiration of the 10-year period if the owner of the forestland provides written notification to the Foundation of the intent to withdraw such lands from the forestland preservation area at least 6 months prior to expiration of the referenced 10-year period; otherwise the real property shall remain as a forestland preservation area for additional 5-year periods until such time that the owner, provides prior to the expiration date of any such additional period, at least 6 months prior written notice to the Foundation of intent to withdraw.

(e) In the event of the purchase of a forestland preservation easement by the Foundation, the restrictions set forth under this section shall become permanent and not subject to release.
3 Del. C. § 10200 — Delaware Code / Title 3 / Chapter 102 / Section 10200
§ Â
        10200. Short title.
Status: in_force

This Compact shall be known and may be cited as the “Interstate Compact for Uniform Licensure of Participants.”
3 Del. C. § 1215 — Delaware Code / Title 3 / Chapter 12 / Subchapter III / Section 1215
§ Â
        1215. Applicability of subchapter.
Status: in_force

This subchapter shall become applicable upon approval by the Administrator of E.P.A. of the state plan submitted by the Governor pursuant to § 4(a)(2) of FIFRA [7 U.S.C. § 136i(a)(2)].
3 Del. C. § 8004 — Delaware Code / Title 3 / Chapter 80 / Section 8004
§ Â
        8004. Euthanasia in animal shelters.
Status: in_force

Transferred to § 3004F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 3117 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3117
§ Â
        3117. Approved weight or measure or butterfat test as basis of payment.
Status: in_force

(a) No person purchasing or selling milk or cream or both by weight or measure or butterfat test, and no agent or servant of any such person, shall use as a basis of payment for such purchase any weight or measure or butterfat test other than the approved weight or measure or butterfat test of the milk or cream purchased or sold.

(b) Only procedures approved by the Association of Official Analytical Chemists or the American Public Health Association and adopted or prescribed by the State Department of Agriculture may be used. The Babcock test or the automated light scattering method for determining fat content of raw unhomogenized milk are hereby adopted as procedures for the determination of the fat content of milk as a basis of payment to producers.
3 Del. C. § 1079 — Delaware Code / Title 3 / Chapter 10 / Subchapter VI / Section 1079
§ Â
        1079. Civil penalties.
Status: in_force

Any owner or operator who violates or fails or refuses to obey any special order, rule or regulation may be assessed a civil penalty by the State Forester. Such penalty shall not be less than $200 or more than $1,000 for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing penalties. The Superior Court shall have jurisdiction of the offenses brought under this subchapter. In determining the amount of the penalty, consideration shall be given to the owner’s or operator’s history of noncompliance, the seriousness of the violation, including any irreparable harm to the environment and any hazards to the health or safety of the public, whether the owner or operator was negligent, and the demonstrated good faith of the owner or operator in reporting and remedying the pollution. A civil penalty may be assessed by the Superior Court only after the owner or operator has been given an opportunity for a hearing as specified in § 2981 of this title. Any person who intentionally, knowingly and after written notice to comply violates or refuses to comply with any notice issued pursuant to this chapter shall be fined not less than $500 or more than $5,000 for each offense. Each day the violation continues shall constitute a separate offense. The Superior Court shall have jurisdiction of offenses brought under this subchapter.
3 Del. C. § 1004 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1004
§ Â
        1004. Agreements for prevention of forest fires.
Status: in_force

(a) The Department of Agriculture may enter into agreements for the prevention and suppression of forest fires with county, municipal and private agencies owning or controlling woodlots, forest or wild lands, or whose activities in whole or in part are directed toward the prevention and suppression of forest fires. All expenditures shall be presented to the Department of Agriculture in monthly statements, in form and manner prescribed by the Department. The Secretary of the Department of Agriculture shall audit the same and transmit such statements to the Secretary of Finance in accordance with Chapter 65 of Title 29.

(b) The Secretary of the Department of Agriculture shall certify to the Secretary of Agriculture of the United States the amounts thus expended by the State and by private agencies and fulfill any other requirements to obtain the cooperation of the federal government toward forest protection.
3 Del. C. § 1217 — Delaware Code / Title 3 / Chapter 12 / Subchapter III / Section 1217
§ Â
        1217. Same â Standards; classifications.
Status: in_force

(a) The Department in promulgating regulations under this chapter shall prescribe standards for the certification of applicators of pesticides. Such standards shall relate to the use and handling of pesticides, or to the use and handling of the pesticides or class of pesticides covered by the individual’s certification, and shall be relative to the hazards involved. In determining standards, the Department shall consider the characteristics of the pesticide formulation such as: The acute mammalian toxicity; the persistence, mobility and susceptibility to biological concentration; the use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information; the relative hazards of patterns of use such as granular soil applications, ultra low volume or aerial dust applications, or air blast sprayer applications; and the extent of the intended use. Further, the Department shall adopt by regulation the certification standards of the E.P.A.

(b) The Department shall classify or subclassify certifications to be issued under this chapter. Such classifications shall include commercial applicators and private applicators, and classifications and subclassifications may include, but not be limited to, pest control operators, ornamental, agricultural or right-of-way pesticide applicators. Separate subclassifications may be specified as to ground, aerial or manual methods used by any applicator to apply pesticides or to the use of pesticides to control insects and plant diseases, rodents or weeds. Each classification shall be subject to separate examination procedures and requirements.
3 Del. C. § 1306 — Delaware Code / Title 3 / Chapter 13 / Section 1306
§ Â
        1306. Shipment of nursery stock into state; labeling and certification.
Status: in_force

(a) When any plants, plant materials, or nursery stock are shipped, sent, or mailed into this State, to any person in this State, every item including a carload, container, box, or package must be conspicuously labeled on the exterior with the name of the consignor, the state of origin, and the name of the consignee.

(b) The shipment under subsection (a) of this section must have conspicuously affixed to the shipment’s exterior a nursery inspection certificate from the state of origin showing that the contents have been examined by a qualified state or federal officer and found apparently free from all dangerously injurious plant pests.

(c) It is the responsibility of both the consignee and consignor to examine all shipments for the presence of current and applicable nursery stock certifications.
3 Del. C. § 948 — Delaware Code / Title 3 / Chapter 9 / Subchapter VI / Section 948
§ Â
        948. Administration.
Status: in_force

(a) In carrying out the responsibilities of administering the loan program the Foundation shall be entitled to:

(1) Adopt an application and other forms for processing applications and closing loan transactions.

(2) Establish a prequalification system for potential loan applicants.

(3) Establish schedules and timelines for processing applications and making loan decisions.

(4) Require the submission by applicants of a farm plan which includes a loan repayment plan.

(5) Provide assurances to commercial or other lenders regarding willingness to subordinate Foundation loans to commercial or other loans needed to acquire farmland.

(6) Structure and restructure the payment provisions of loans, provided however, that payments due the Foundation under any loan shall not be forgiven in whole or in part.

(7) Have appraisals performed under an appraisal methodology approved by the Foundation to determine the fair market value and preservation easement value of loan eligible farmland property.

(8) Develop selection criteria for approving loans involving competing applicants, with emphasis on selecting on a priority basis the loan applicant or applicants who request a loan with the lowest percentage value of the appraised preservation easement value of the eligible farmland.

(9) Subordinate Foundation loans to commercial financing provided to support farming operations conducted on the purchased farmlands.

(10) Cooperate with commercial lenders and others providing financing for the purchase of eligible farmlands to facilitate the successful completion of purchase transactions.

(11) Establish a system for annual reporting by loan recipients to assure that the loan recipients are actively engaged in agricultural usage of the acquired farmlands.

(b) The Foundation shall be entitled to advertise and promote the loan program, and create public awareness of the agricultural land preservation, open space and environmental benefits which the program provides.

(c) The Foundation shall be entitled to adopt rules of practice and procedure for administering the loan program.
3 Del. C. § 7322 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7322
§ Â
        7322. Rules and regulations; quarantine orders.
Status: in_force

For the proper enforcement of this subchapter, the Department of Agriculture may make and enforce orders, rules and regulations for the control and eradication and to prevent the spread of Bang’s disease or any other contagious or infectious disease to the cattle of the State; and issue any quarantine orders that it deems necessary to prevent the entrance of cattle affected with a contagious or infectious disease.
3 Del. C. § 6304 — Delaware Code / Title 3 / Chapter 63 / Section 6304
§ Â
        6304. Violations of certification; penalties; jurisdiction.
Status: in_force

(a) Whoever sells, or advertises for sale, chicks, eggs or poultry of the kind specified in § 6302 of this title, or advertises in any way that such person’s flock or hatchery is under state supervision without the authority of the Department of Agriculture, shall be fined not less than $25 nor more than $500, together with costs of suit.

(b) Justices of the peace shall have jurisdiction of offenses under this section.
3 Del. C. § 1235 — Delaware Code / Title 3 / Chapter 12 / Subchapter VII / Section 1235
§ Â
        1235. Storing and disposal of pesticides and pesticide containers.
Status: in_force

No person shall transport, store or dispose of any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The Department may promulgate rules and regulations governing the storing and disposal of such pesticides or pesticide containers. In determining these standards, the Department shall take into consideration any regulations issued by the E.P.A.
3 Del. C. § 1219 — Delaware Code / Title 3 / Chapter 12 / Subchapter III / Section 1219
§ Â
        1219. Same â Renewal of certification.
Status: in_force

An applicator’s certification shall automatically renew under the classification or subclassification for which such applicator is certified; provided, however, reexamination may be required by the Department:

(1) Of any applicator whose certification, license or permit has been suspended, revoked or modified;

(2) At any time if significant technological developments have occurred to require additional knowledge related to the classifications or subclassifications for which the applicator has been certified, and to assure a continuing level of competence and ability to use pesticides safely and properly; or

(3) When required by additional standards established by the E.P.A.

Such reexamination or special examination requirements may be waived by the Department when the applicator can furnish satisfactory evidence of completion of educational courses, programs or seminars approved by the Department relating to the applicator’s certification.
3 Del. C. § 1902 — Delaware Code / Title 3 / Chapter 19 / Section 1902
§ Â
        1902. Enforcing agency.
Status: in_force

This chapter shall be administered by the Department of Agriculture of the State, hereinafter referred to as the “Department.”
3 Del. C. § 6305 — Delaware Code / Title 3 / Chapter 63 / Section 6305
§ Â
        6305. Cooperation with United States Department of Agriculture.
Status: in_force

The Department of Agriculture may cooperate with the United States Department of Agriculture in the administration of the National Poultry Improvement Plan or the National Turkey Improvement Plan.
3 Del. C. § 10104 — Delaware Code / Title 3 / Chapter 101 / Subchapter I / Section 10104
§ Â
        10104. Oath and bond; failure to furnish.
Status: in_force

(a) Before entering upon the discharge of the duties of the Commissioner’s office, each Commissioner shall take oath that he or she will well and faithfully execute all and singular the duties appertaining to his or her office according to the laws of this State and the rules and regulations adopted in accordance therewith and shall give bond to the State with personal or corporate surety or sureties approved by the Governor in the penal sum of $25,000, with the condition that he or she will well and faithfully execute and perform all and singular the duties appertaining to his or her office according to the laws of this State and the rules and regulations adopted in accordance therewith.

(b) Every bond, when duly executed and approved, shall be filed in the office of the Secretary of State, and certified copies under the seal of the Secretary of State may be used as evidence in any court of this State.

(c) The Governor shall at all times when, in his or her opinion, the surety or sureties of any Commissioner has become or is likely to become invalid or insufficient, demand and require the Commissioner forthwith to renew his or her bond to the State with surety or sureties to be approved by the Governor in the penalty and according to the form prescribed in this section.

(d) Any Commissioner who fails to take oath and give bond with surety or sureties as required by this section within 30 days of his or her appointment or who fails to renew his or her bond with surety or sureties within 30 days after the same has been demanded and required by the Governor shall be guilty of neglect of duty and shall be removable as provided in § 10102 of this title.
3 Del. C. § 1214 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1214
§ Â
        1214. Permits.
Status: in_force

(a) The Department shall require that:

(1) No person may use a pesticide designated as a “state restricted use pesticide” until that person has a permit duly issued by the Department; and

(2) No person may sell a “restricted use pesticide” or a “state restricted use pesticide” unless that person has a dealer permit.

(b) Applications for permits shall be made to the Department on forms prepared by it. The Department shall grant a permit to purchase and/or use a pesticide designated for use as a “state restricted pesticide use” subject to such restrictions as it finds necessary in each case to protect the overall public interest and welfare. The permit may specify the area, time, amount or rate of application or such other conditions of use as the Department finds necessary to carry out the purposes of this chapter. Permits shall be issued on an annual basis.

(c) The Department shall promulgate such rules, regulations and fees necessary to carry into effect this section and to alter or uniformly suspend such rules, regulations and fees when necessary. Prior to the promulgation of any rules, regulations and fees, the Department shall hold public hearings following due notice. The hearings shall be conducted by the Department for the purpose of receiving evidence relevant and material to the issues, following the conclusion of which the Department shall issue such rules, regulations and fees as it sees fit, based on the evidence received at such hearings. An appeal from that order may be taken to the Superior Court within 30 days of the date of the order.

(d) The Department may require a permit fee.

(e) Provided the State is authorized by the Administrator of E.P.A. to issue experimental use permits, the Department may:

(1) Issue an experimental use permit to any person applying for an experimental use permit if it determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under § 1204 of this title. An application for an experimental use permit may be filed at the time of, or before or after an application for registration is filed;

(2) Prescribe terms, conditions and periods of time for the experimental use permit which shall be under the supervision of the Department; and

(3) Revoke or modify any experimental use permit, at any time, if it finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.

(f) All permits, except experimental use permits, shall continue in full force and effect until December 31st of each year whereupon they shall become invalid unless renewed, except that a permit for which a renewal application has been submitted to the Department by December 31st shall remain in full force and effect until such time as the Department gives written notice to the permit holder of renewal or denial. Forms for renewal shall be mailed to all holders of current permits by the Department by October 1st of each year.

(g) (1) The Department may deny a permit to any person if it finds after a hearing that the public interest requires such denial.

(2) The Department may revoke a permit, after due notice to the permit holder and opportunity for hearing, if it finds that the permit holder has violated this chapter, or if an emergency creates a clear and present danger to the overall public interest and welfare from the uses authorized by the permit.

(3) A person whose permit is denied or revoked may request a hearing before the Department. A hearing shall be held within 30 days after request. Within 30 days after the hearing, the Department 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 date of the order.
3 Del. C. § 3109 — Delaware Code / Title 3 / Chapter 31 / Subchapter I / Section 3109
§ Â
        3109. Mastitis analysis of milk samples; appropriations; allocations.
Status: in_force

The sum of $9,000 shall be included in the general appropriation bill which is presented to each biennial General Assembly, and appropriated therein to the Department of Agriculture to defray the expenses of a full-time field man to take and collect milk samples to be analyzed for bacteria of mastitis significance. Of each such sum so appropriated, the sum of $3,600 shall be allocated to salaries and wages, the sum of $200 shall be allocated to office and laboratory supplies, and the sum of $700 shall be allocated to travel expenses, for each fiscal year of the biennium. Such sums shall be paid by the State Treasurer upon warrants duly approved by the proper officers of the Department of Agriculture.
3 Del. C. § 1225 — Delaware Code / Title 3 / Chapter 12 / Subchapter IV / Section 1225
§ Â
        1225. Civil penalties; exemptions.
Status: in_force

(a) (1) In addition to proceeding under any other remedy available at law or in equity for a violation of this chapter or a rule or regulation adopted thereunder, or any order issued pursuant to, the Secretary may assess a civil penalty not to exceed $2,500 upon a person other than a private applicator for each offense. In the case of a private applicator, the Secretary may assess a civil penalty not to exceed $500 for each offense involving a violation of this chapter or a rule or regulation adopted thereunder, or any order issued pursuant thereto.

(2) No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29.

(3) In determining the amount of the penalty, the Secretary shall consider the appropriateness of such penalty to the size of the person’s ability to continue in business and the gravity of the violation. Whenever the Secretary finds the violation occurred despite the exercise of due care or did not cause significant harm to health or the environment, the Secretary may issue a warning in lieu of assessing a penalty.

(4) In cases of inability to collect such civil penalty or failure of any person to pay all, or such portion of such penalty as the Secretary may determine, the Secretary shall refer the matter to the Attorney General’s Office of the State who shall recover such amount by action in the appropriate court.

(b) The penalties provided by this chapter shall not apply to:

(1) Any carrier while lawfully engaged in transporting a pesticide or device within this State, if such carrier shall, upon request, permit the Department to copy all records showing the transactions in and movement of the pesticide or device;

(2) Any person who prepares or packs any pesticide or device intended solely for export to a foreign country according to the specifications or directions of the purchasers;

(3) The manufacturer or shipper of a pesticide for experimental use only:

a. By or under the supervision of an agency of this State or of the federal government authorized by law to conduct research in the field of pesticides; or

b. By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked “for experimental use only, not to be sold,” together with the manufacturer’s name and address; provided, however, that if an experimental use permit has been obtained from the Department, pesticides may be sold for experiment purposes subject to such restrictions and conditions as may be set forth in the permit.
3 Del. C. § 10141 — Delaware Code / Title 3 / Chapter 101 / Subchapter III / Section 10141
§ Â
        10141. Application of chapter.
Status: in_force

(a) Racing under this chapter shall be limited to animals of the equine species.

(b) No part of this chapter shall be construed to apply to racing conducted by an agricultural fair association nor to harness horse races, except as provided in subsection (e) of this section, nor shall any part of this chapter apply to races at which no admission is charged or at which no form of income by gift, admission or otherwise is received and for which no purse, stake or reward in cash or the equivalent of cash is offered, nor shall any part of this chapter be construed to apply to any annual, single day steeplechase racing event conducted by a nonprofit organization which has conducted such races since 1978 and where no form of wagering, pool-making or betting is permitted or conducted thereat.

(c) A trophy, other than cash or the equivalent of cash, shall not be deemed a purse, stake or reward within the meaning of this section.

(d) The Commission shall in all cases determine whether any trophy, reward, purse or stake offered for any race is cash or the equivalent of cash.

(e) For purposes of this chapter simulcasts of horse races or harness horse races displayed within the enclosure of any horse race meeting shall constitute horse racing within said enclosure.
3 Del. C. § 1502 — Delaware Code / Title 3 / Chapter 15 / Section 1502
§ Â
        1502. Label requirements; all agricultural, vegetable, flower, or tree and shrub seeds; treated; hermetically sealed.
Status: in_force

(a) (1) Each container of agricultural, vegetable, flower, or tree and shrub seeds which is sold, offered for sale, exposed for sale, or transported within this State for sowing purposes must bear thereon or have attached thereto, in a conspicuous place, a plainly written or printed label or tag in the English language, giving all of the information required under this chapter, which can not be modified or denied in the labeling or on another label attached to the container.

(2) The specific label requirements under paragraph (a)(1) of this section are as follows:

a. For agricultural seeds, under § 1502A of this title.

b. For vegetable seeds, under § 1502B of this title.

c. For flower seeds, under § 1502C of this title.

d. For tree and shrub seeds, under § 1503 of this title.

(b) (1) In addition to the information required under paragraph (a)(2) of this section, if the seed has been treated, each container must provide all of the following:

a. A word or statement indicating that the seed has been treated.

b. The commonly accepted coined, chemical, or abbreviated chemical (generic) name of the applied substance or description of the process used.

c. If a substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement that explains the nature of the harm, such as “Do not use for food, feed, or oil purposes.” The caution for mercurials and similarly toxic substances must be a poison statement or symbol.

d. If the seed is treated with an inoculant, the expiration date, that is the date beyond which the inoculant is not to be considered effective.

(2) The information required under paragraph (b)(1) of this section may be provided in the same label as the information required under subsection (a) of this section or by using a separate label.

(c) Notwithstanding the germination test requirements under §§ 1502A through 1503 of this title, for seed in a hermetically-sealed container, no more than a 36-month germination test period may apply and all of the following conditions must have been met:

(1) The container is conspicuously labeled, in not less than 8-point font with all of the following statements:

a. The container is hermetically sealed.

b. The seed has been preconditioned as to moisture content.

c. The month and calendar year in which the germination test was completed.

(2) The seed was packaged within 9 months after harvest.

(3) The container used does not allow water vapor penetration (WVP) through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 F. with a relative humidity on side of 90% and on the other side of 0% as is measured by the standards of the United States Bureau of Standards.

(4) The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as follows for agricultural seeds:

a. Beet, field, 7.5%.

b. Beet, sugar, 7.5%.

c. Bluegrass, Kentucky, 6.0%.

d. Clover, crimson, 8.0%.

e. Clover, red 8.0%.

f. Ryegrass, annual 8.0%.

g. Ryegrass, perennial, 8.0%

h. Mixtures of above paragraphs (c)(4) a. through (c)(4)g. of this section, 8.0%.

i. Bean, garden, 7.0%.

j. Bean, lima, 7.0%.

k. Beet, 7.5%.

l. Broccoli, 5.0%.

m. Brussels sprouts, 5.0%.

n. Cabbage, 5.0%.

o. Carrot, 7.0%.

p. Cauliflower, 5.0%.

q. Celeriac, 7.0%.

r. Celery, 7.0%.

s. Chard, Swiss, 7.5%.

t. Chinese cabbage, 5.0%.

u. Chives, 6.5%.

v. Collards, 5.0%.

w. Corn, sweet, 8.0%.

x. Cucumber, 6.0%.

y. Eggplant, 6.0%.

z. Kale. 5.0%.

aa. Kohlrabi, 5.0%.

bb. Leek, 6.5%.

cc. Lettuce, 5.5%.

dd. Muskmelon, 6.0%.

ee. Mustard, India, 5.0%.

ff. Onion, 6.5%.

gg. Onion, Welsh, 6.5%.

hh. Parsley, 6.5%.

ii. Parsnip, 6.0%.

jj. Pea, 7.0%.

kk. Pepper, 4.5%.

ll. Pumpkin, 6.0%.

mm. Radish, 5.0%.

nn. Rutabaga, 5.0%.

oo. Spinach, 8.0%.

pp. Squash, 6.0%.

qq. Tomato, 5.5%.

rr. Turnip, 5.0%.

ss. Watermelon, 6.5%.

tt. All others, 6.0%.
3 Del. C. § 8002 — Delaware Code / Title 3 / Chapter 80 / Section 8002
§ Â
        8002. Shelter care and treatment.
Status: in_force

Transferred to § 3002F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 1239 — Delaware Code / Title 3 / Chapter 12 / Subchapter VII / Section 1239
§ Â
        1239. Information.
Status: in_force

The Department may, in cooperation with the University of Delaware, Delaware State University, other educational institutions or trade associations, publish information and conduct short courses of instruction in the areas of knowledge required in this chapter.
3 Del. C. § 8504 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8504
§ Â
        8504. Certificate of incorporation; issuance and recording.
Status: in_force

(a) The articles of association, accompanied with proof of publication of the notice provided for in § 8502 of this title, shall be presented to the Secretary of State, who shall examine the same, and if the Secretary of State finds the articles in proper form and within the purpose mentioned in this chapter, the Secretary of State shall endorse his or her approval thereon, and direct a certificate of incorporation to issue in form similar to those issued to corporations organized under the general corporation law of this State. The certificate of incorporation shall incorporate the subscribers and their associates and successors into a body politic and corporate, in deed and in law, by the name chosen. The articles of association shall be filed in the office of the Secretary of State.

(b) A certified copy of the articles of association, together with all endorsements, shall be recorded in the office of the recorder of deeds in and for the county where the principal place of business is situated. From thenceforth the subscribers thereto, their associates and successors shall be a body politic and corporate for the purposes and upon the terms named in the articles of association.

(c) Certified copies of the records of articles of association shall be competent evidence for all purposes in the courts of this State.
3 Del. C. § 10212 — Delaware Code / Title 3 / Chapter 102 / Section 10212
§ Â
        10212. Rights and responsibilities of each party state.
Status: in_force

(a) By enacting this Compact, each party state:

(1) Agrees to accept the decisions of the Compact Committee regarding the issuance of Compact Committee licenses to participants in live racing pursuant to the committee’s licensure requirements.

(2) Reserves the right:

(i) To charge a fee for the use of a Compact Committee license in that state;

(ii) To apply its own standards in determining whether, on the facts of a particular case, a Compact Committee license should be suspended or revoked;

(iii) To apply its own standards in determining licensure eligibility, under the laws of that party state, for categories of participants in live racing that the Compact Committee determines not to license and for individual participants in live racing who do not meet the licensure requirements of the Compact Committee; and

(iv) To establish its own licensure standards for the licensure of non-racing employees at harness and horse racetracks and employees at separate satellite wagering facilities. Any party state that suspends or revokes a Compact Committee license shall, through its racing commission or the equivalent thereof or otherwise, promptly notify the Compact Committee of that suspension or revocation.

(3) Agrees to reimburse or otherwise pay the expenses of its official representative on the Compact Committee or its alternate.

(b) No party state shall be held liable for the debts or other financial obligations incurred by the Compact Committee.
3 Del. C. § 3102 — Delaware Code / Title 3 / Chapter 31 / Subchapter I / Section 3102
§ Â
        3102. Unlawful sales of milk or cream; penalty.
Status: in_force

Whoever violates § 3101 of this title shall be fined not less than $25 nor more than $100, or imprisoned not less than 10 nor more than 30 days, or both.
3 Del. C. § 709 — Delaware Code / Title 3 / Chapter 7 / Section 709
§ Â
        709. Fees to defray expenses.
Status: in_force

(a) For the purpose of providing funds to defray the necessary expenses incurred by the Secretary and the Advisory Board in formulating, submitting to referendum, issuing, administering and enforcing an agricultural commodity development order, the development order shall provide for assessing and collecting fees in amounts sufficient to defray such expenses. Any increase in the maximum assessment provided for in the development order must be within the limit herein prescribed and must be approved by the majority of voting, participating producers in a referendum held for that purpose after reasonable notice of such proposed increase.

(b) The Agricultural Commodity Advisory Boards together with the Secretary shall establish the procedure for the payment of the assessment by the producer and such procedure shall be clearly outlined in the proposed development order. Such procedure must be fair, reasonable and shall be deducted by the first purchaser at the time of sale. The first purchaser shall submit to the Advisory Board through the Secretary’s office any fees so deducted once every 30 days. When proof of payment of the fee assessed can be furnished, it shall not be necessary for any subsequent buyer to deduct the fee at time of purchase.

(c) The Secretary shall require producers petitioning for a development order to deposit with the Secretary in advance such amount as the Secretary deems necessary to defray the expense of electing the first Board formulating an order, submitting it to referendum and issuing the order. If the order is issued, such persons shall be reimbursed when funds are available from assessments. If the order is not issued the Secretary shall refund only that portion of the deposit remaining after payment of expenses incurred on a pro rata basis.

(d) Fees collected pursuant to this chapter shall be deposited in a bank or banks or other depository approved by the Secretary of Finance of the State and shall be disbursed by such officers and employees as may be approved by the Advisory Board for the necessary expenses incurred in the administration of this chapter. Fees collected shall be used exclusively for the purpose collected and not for legislative or political activities.
3 Del. C. § 10008 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10008
§ Â
        10008. 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 prescribes.
3 Del. C. § 1209 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1209
§ Â
        1209. Same â Suspension; modification; revocation.
Status: in_force

(a) The Department may, after notice and opportunity for a hearing, suspend or modify any license granted under this chapter where the Department has reasonable grounds to believe that the licensee is responsible for any unlawful acts pursuant to § 1224 of this title. The Department shall furnish the licensee with notice of the time and place of the hearing, which notice shall be served personally or by registered mail directed to the licensee’s place of business or last known address with postage fully paid within 10 days prior to the time fixed for the hearing.

(b) (1) The Department may, after notice and opportunity for hearing, revoke any license granted under this chapter if the licensee has been found to have committed any unlawful act under this chapter.

(2) Should the surety furnished for a license become unsatisfactory, the licensee shall, upon notice, immediately execute a new bond, insurance or other financial responsibility, or, should the licensee fail to furnish a new surety, the Department shall revoke the license and give the licensee notice of the revocation.

(3) Should the licensee no longer employ a certified applicator with 2 years practical experience, the department shall revoke the licensee’s license and give the licensee notice of the revocation.
3 Del. C. § 7505 — Delaware Code / Title 3 / Chapter 75 / Section 7505
§ Â
        7505. Structure of hives.
Status: in_force

All persons keeping bees in this State shall provide movable frames in all hives used by them, and cause the bees in such hives to construct all combs in such frames so that such frames may be removed from the hive without injuring other combs in the hive, and so that all the surface of the combs may be examined visually. The State Apiarist will provide notice in writing if bees are not in moveable frames, and the person keeping the bees will have 1 year to get into moveable frames before a penalty is assessed.
3 Del. C. § 7303 — Delaware Code / Title 3 / Chapter 73 / Subchapter I / Section 7303
§ Â
        7303. Violations of importation requirements; penalties; jurisdiction.
Status: in_force

(a) Whoever violates § 7301 of this title shall, for each offense, be fined not more than $100 or imprisoned not more than 30 days, or both.

(b) Prosecutions under this section shall be brought in the proper court of the county in which such cattle are sold, offered for sale, or delivered to a purchaser.
3 Del. C. § 942 — Delaware Code / Title 3 / Chapter 9 / Subchapter VI / Section 942
§ Â
        942. Purpose, policy and intent.
Status: in_force

In furtherance of the declared policy of the State to conserve, protect and encourage use and improvement of agricultural lands and to encourage, promote and protect farming as a valued occupation it is important to provide a means of facilitating the acquisition of farmland by young farmers, while furthering the goal of permanently protecting the farmland which is acquired through the placement of permanent preservation easements on the acquired farmland property. To accomplish this objective it is desirable to establish a farmland purchase and preservation loan program in accordance with the provisions of this subchapter.
3 Del. C. § 2241 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2241
§ Â
        2241. Requirement for certification; classifications.
Status: in_force

(a) Beginning January 1, 2004, all persons who conduct the following activities shall be duly certified by the Commission in accordance with Commission regulations or shall utilize a duly certified person or firm:

(1) Operate any animal feeding operation totaling more than 8 animal units.

(2) Apply nutrients to lands totaling more than 10 acres or as a component of a commercial venture or lands that the person or firm owns, leases or otherwise controls.

(3) Apply nutrients to turf totaling more than ¼ acre (10, 890 square feet) as a component of a commercial venture managed for another.

(4) Advise or consult with persons required by this chapter to be certified by the Commission.

(b) The Commission shall establish by regulation the following classifications for certification of nutrient handlers for use in the SNMP:

(1) Nutrient generator: a person within the State who operates a facility that produces organic or inorganic nutrients.

(2) Private nutrient handler: A person in this State who applies organic or inorganic nutrients to turf or land the person owns, leases or otherwise controls.

(3) Commercial nutrient handler: A person in this State who applies uses, or supervises the application of organic or inorganic nutrients to turf or land as a component of a commercial or agricultural business in exchange for a fee or service charge.

(4) Nutrient consultant: A person in this State who is engaged in the activities of advising or consulting regarding the formulation, application or scheduling of organic or inorganic nutrients within the State.

(c) The Commission may subclassify any certificates described in subsection (b) of this section as necessary. Separate subclassifications may be specified as to the method used by nutrient handlers to apply nutrients, the use of specific quantities or types of nutrients, or any other identifiable characteristics of nutrient management the Commission deems necessary.

(d) These certification requirements shall not apply to individuals who are performing nutrient application services under the direct supervision of a certified person as a private or commercial nutrient handler. Direct supervision shall apply only to individuals who are responsible for professional duties at the same physical location as the commercial nutrient handler.
3 Del. C. § 10012 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10012
§ Â
        10012. License to participate in racing.
Status: in_force

(a) The Commission may establish categories of licenses and impose license fees as specified in subsection (b) of this section for persons participating in pari-mutuel harness racing meets under the jurisdiction of the Commission.

(b) Any person required by the Commission to be licensed to participate in pari-mutuel harness racing during any calendar year shall, at the time of making application for such license, pay the Commission a fee as follows: for each owner, trainer, driver or groom, or a combination thereof, $50; provided, however, that the fee for applying for only a groom’s license shall be $20.
3 Del. C. § 2246 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2246
§ Â
        2246. Commercial processors.
Status: in_force

(a) On or before July 1, 2000, or prior to commencing operations, each commercial processor operating in the State shall file with the Commission a plan under which the commercial processor either directly or under contract with a third party shall:

(1) Provide or assist in providing technical assistance to growers with whom it contracts on the proper management and storage of waste in accordance with best management practices approved by the Commission;

(2) Provide or assist in providing continuing education programs on proper waste management that is protective of Delaware’s environment for the growers with whom it contracts, as well as other persons who may handle or utilize such waste;

(3) Conduct or fund research and demonstration programs that will contribute to improved waste management practices;

(4) Formulate and implement nutrient reduction strategies that effectively minimize the addition of nutrients to the environment without having adverse health impacts on animals or reduction in the growth of animals; and

(5) Report annually to the Commission on the activities it has undertaken pursuant to its plan and any amendments thereto.

(b) This section is not to be construed as a mandate to involve commercial processors in farm activities not related to waste management.
3 Del. C. § 8541 — Delaware Code / Title 3 / Chapter 85 / Subchapter IV / Section 8541
§ Â
        8541. Purchases; sales; contracts with stockholders and patrons.
Status: in_force

An association may engage in buying and selling agricultural products and supplies and take title thereto. An association may make and execute contracts with its stockholders and other patrons requiring them to sell all or any specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association. An association shall be granted by any such contract the rights which its members individually have, arising out of the production, sale, handling or delivery of products or commodities covered by the contract. The contract shall specify a reasonable period in each year during which the association or any stockholder or patron so contracting with the association may terminate the contract. The association, as agent for a stockholder or other patron, may buy agricultural supplies for him or her and sell his or her agricultural or other kindred products.
3 Del. C. § 3107 — Delaware Code / Title 3 / Chapter 31 / Subchapter I / Section 3107
§ Â
        3107. Penalty for violating Ââ3104, 3105 or 3106.
Status: in_force

Whoever violates § 3104, 3105, or 3106 of this title shall be fined not less than $50 nor more than $100, or imprisoned not less than 30 nor more than 60 days, or both.
3 Del. C. § 2510 — Delaware Code / Title 3 / Chapter 25 / Section 2510
§ Â
        2510. Refusal or revocation of license; hearing.
Status: in_force

(a) The Department may refuse to grant a license or may revoke any license already granted, as the case may be, when it is satisfied of the existence of any of the following causes:

(1) The dealer has suffered a money judgment to be entered against the dealer upon which execution has been returned unsatisfied;

(2) The dealer has failed promptly and properly to account and to pay for agricultural products;

(3) The dealer has made a false or misleading statement as to market conditions or the service rendered, if any, with the intent to defraud;

(4) The dealer has perpetrated a fraud or engaged in deceit in procuring the license;

(5) The dealer has engaged in any fraudulent or deceitful practices in dealings with producers.

(b) Before any license is refused or revoked, the Department or its authorized agents shall give the applicant or licensee at least 20 days’ notice of the time and place of hearing on refusal or revocation of a license. At the time and place of hearing, the Department or its authorized agents shall receive evidence, administer oaths, examine witnesses and hear testimony and shall file an order either dismissing the proceeding or refusing or revoking the license.
3 Del. C. § 8510 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8510
§ Â
        8510. Provisions of bylaws.
Status: repealed

Bylaws shall, within the limits of this chapter, prescribe:

(1) The time, place and manner of calling and holding meetings. Meetings of stockholders may be held (a) by a meeting at large at such place as may be designated by the bylaws or action of the board of directors, or (b) by a meeting of delegates elected to represent the stockholders by the respective local or district organizations in such manner as may be provided by the bylaws, or (c) by district or local meetings held in the several districts or locals into which the association has divided itself. Meetings in districts or locals shall be of stockholder members of such districts or locals and need not necessarily be held at the same time in each district or local. The bylaws may provide that the board of directors may take a vote of the stockholders on a specific case or resolution by mail signed or unsigned ballot;

(2) The number of directors; the time and manner of their nomination, election and removal, their powers and duties; the number, not less than a majority, necessary to the exercise of their powers; and the method of fixing their compensation, if any. The board of directors may, by resolution adopted by a majority of the whole board, delegate 2 or more of its number to constitute an executive committee, which, to the extent provided in such resolution, shall have and exercise the authority of the board of directors in the management of the corporation. The bylaws may provide a system for the nomination of directors by a representative body or council, or otherwise, and for their election, either at large or by districts, by votes cast by stockholders in district or local organizations with the return of the votes to the central office for tabulation;

(3) The officers, their terms of office, the time and manner of their appointment, their powers and duties, and the method of fixing their compensation, if any;

(4) Regulations governing the sale, transfer and redemption of common stock;

(5) Any other provisions deemed proper and necessary to carry out the purposes for which the association was formed, including provisions, if deemed advisable, for the creation of a representative body or council, which, among other powers, may be granted power to hear and determine charges against any member of the board of directors, and power to remove any director where such charges are sustained. The vacancy which may thus be created shall be filled as in other cases. A representative body or council, if created, shall have, in addition to the powers provided by this chapter, such other powers as are provided by the bylaws, which by the bylaws may be made advisory only;

(6) The method or methods by which the bylaws may, from time to time, be adopted, altered, amended or repealed. The authority to make, alter, amend or repeal bylaws may be expressly vested by the bylaws in the board of directors or in a representative body or council, subject to the power of the representative body or council to change or repeal bylaws made by the board of directors, and subject to the power of the stockholders to change or repeal bylaws made by either the directors or the representative body or council. Notice of all amendments proposed by the stockholders, the representative body or council, or the directors shall be given either to the stockholders individually or by publication in such regularly published paper or periodical, if any, as shall be established by the association and distributed to stockholders.
3 Del. C. § 9024 — Delaware Code / Title 3 / Chapter 90 / Subchapter II / Section 9024
§ Â
        9024. Compact administrator.
Status: in_force

The compact administrator for this State shall be the Secretary of the Department of Agriculture.
3 Del. C. § 3180 — Delaware Code / Title 3 / Chapter 31 / Subchapter VI / Section 3180
§ Â
        3180. Penalty [For application of this section, see 84 Del. Laws, c. 434, Â 4].
Status: in_force

Whoever violates this subchapter shall be assessed a civil penalty of $1,000 per instance.
3 Del. C. § 10127 — Delaware Code / Title 3 / Chapter 101 / Subchapter II / Section 10127
§ Â
        10127. Inspection of racing premises prior to meet.
Status: in_force

Not less than 5 days prior to the opening of any meet authorized by the Commission, the Commission, at the expense of the licensee for the meet, shall cause to be made an inspection of the track, grandstand and buildings where the meet is to be held, and, unless the track, grandstand and buildings are found to be safe for animals and persons or are rendered safe therefor prior to the opening of the meet, the license for the meet shall be withdrawn.
3 Del. C. § 2408 — Delaware Code / Title 3 / Chapter 24 / Section 2408
§ Â
        2408. Cutting and spraying of noxious weeds by the Department of Transportation.
Status: in_force

The Department of Transportation shall cut down, or cause to be cut down, noxious weeds growing in the rights-of-way over which it has charge or supervision, as often in each year as shall be sufficient to prevent them from going to seed. When particular problem areas have been identified, they shall be sprayed to eradicate the weed.
3 Del. C. § 926 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 926
§ Â
        926. Tax status.
Status: in_force

The duties and functions exercised by the Foundation under this chapter, and any amendments hereof or supplements hereto, are and will be in all respects for the benefit of the people of the State and for the protection of their health and welfare. To this end, the Foundation shall be regarded as performing essential governmental functions in exercising such duties and functions and in carrying out this chapter and any law relating thereto, and shall not be required to pay any taxes or assessments of any character, levied either by the State or a political subdivision thereof, upon any of the property used by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The acquisition and transfer of preservation easements hereunder shall be exempt from all realty transfer tax imposed under Chapter 54 of Title 30 and any county or municipal ordinance requiring payment of a realty transfer tax.
3 Del. C. § 8104 — Delaware Code / Title 3 / Chapter 81 / Section 8104
§ Â
        8104. Destruction of exotic avian species.
Status: in_force

The Department of Agriculture is empowered to condemn and destroy any exotic avian species which is infected with a contagious or infectious disease capable of affecting poultry or has been exposed to such disease, whenever such destruction is deemed necessary to prevent the further spread of such disease.
3 Del. C. § 7332 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7332
§ Â
        7332. Quarantine and testing of modified accredited areas.
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 made application to have their herds tested and are sufficiently interested in the work to cooperate with the Department of Agriculture to the extent of making such county, hundred, district, or other designated area become a “modified accredited area,” and to comply with the state and federal regulations in order to keep their own herds clean and to bring into such area only cattle which have been tested in accordance with the state and federal regulations, the Department of Agriculture may, when it deems such action advisable and expedient, serve notice that such area shall be placed under quarantine and the Department shall commence Bang’s disease testing under the area plan without expense to the owner, to the extent of funds available, providing the owners agree to comply with this subchapter and all orders, rules and regulations formulated thereunder.
3 Del. C. § 1221 — Delaware Code / Title 3 / Chapter 12 / Subchapter III / Section 1221
§ Â
        1221. Hearing procedure.
Status: in_force

All hearings which are held for the suspension, modification or revocation of license, permit or certification shall be conducted by the Secretary. The licensee, permit holder or certified applicator shall have the right to appear personally, and to be represented by counsel, and to produce evidence and witnesses. The Department shall preserve a full record of the proceeding. A transcript of the record may be purchased by any person interested in such hearing on payment to the Department the cost of preparing such transcript. The Department shall notify the licensee, permit holder or certified applicator of its decision in writing within 30 days after the conclusion of the hearing.
3 Del. C. § 10015 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10015
§ Â
        10015. Special powers of the Commission.
Status: in_force

The Commission shall require that any person who is required to be licensed to participate in pari-mutuel harness racing, under the jurisdiction of the Commission, be fingerprinted by the Commission or its designee for purposes of a criminal history check on such applicant. Any person required by the Commission to be fingerprinted as part of the license application process shall also be responsible for payment to the State Bureau of Identification for the cost of fingerprinting and conducting state and federal criminal history checks. The State Bureau of Identification shall be the intermediary for the purpose of this section for the receipt of said federal criminal history records.
3 Del. C. § 10109 — Delaware Code / Title 3 / Chapter 101 / Subchapter I / Section 10109
§ Â
        10109. Annual report.
Status: in_force

The Commission shall make an annual report to the Governor on or before January 1 of each year. The report shall include a statement of receipts and disbursements by the Commission and any additional information and recommendations which the Commission deems of value.
3 Del. C. § 8223 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8223
§ Â
        8223. Veterinarian participation.
Status: in_force

Transferred to § 3019F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 1203 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1203
§ Â
        1203. Regulation; duties and powers of Department.
Status: in_force

(a) In order to regulate the sale and use of pesticides and devices in this State, the Department shall, by regulation, provide that every pesticide and device distributed or used within this State shall be duly registered with the Department. The Department, with the approval of the Secretary of Agriculture, shall establish a biennial registration fee, not to exceed $500, for each pesticide or device registered. The fee established by the Secretary of Agriculture shall approximate and reasonably reflect all costs necessary to defray the expenses of the Department’s activities pursuant to this chapter. At the beginning of each calendar year, the Department shall compute the appropriate pesticide or device registration fee. All revenue generated by this fee shall be deposited in an appropriated special fund account in the Department of Agriculture.

(b) Any regulation adopted by the Department pursuant to its authority under § 1237 of this title may prescribe the methods to be used in application of pesticides, and may relate to the time, place, manner, materials and amounts and concentrations, in connection with the application of the pesticides, and may restrict or prohibit use of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the Department deems necessary to prevent damage or injury by drift or misapplication to:

(1) Plants, including forage plants, or adjacent or nearby lands;

(2) Wildlife in the adjoining or nearby areas;

(3) Fish and other aquatic life in waters in reasonable proximity to the areas to be treated; or

(4) Humans, animals or beneficial insects.

(c) The Department may also, by regulation, after a public hearing following due notice, determine “state restricted pesticide uses” for the State or for designated areas within the State, and may require a permit for purchase, possession and application of a pesticide labeled for a use which is designated as a “state restricted pesticide use.”

(d) In issuing such regulations, the Department shall give consideration to pertinent research findings and recommendations of other agencies of the State, the federal government or other reliable sources.

(e) The Department shall adopt “restricted use pesticide” classifications. For the purpose of uniformity and in order to enter into cooperative agreements, these classifications shall conform to all current and future classifications adopted by E.P.A.

(f) The Department, after notice and hearing, and in agreement with the Department of Natural Resources and Environmental Control of the State, is authorized to declare a pest any form of plant or animal life (other than humans and other than bacteria, virus and other microorganisms on or in living humans or other living animals) which is injurious to health or the environment.

(g) In order to comply with § 4 of FIFRA [7 U.S.C. § 136i(a)-(c)], the Department is authorized to make such reports to the E.P.A. in such form and containing such information as E.P.A. may from time to time require.

(h) The Department is authorized, by regulation, to determine standards of coloring or discoloring for pesticides.

(i) The Secretary shall have the power to issue an order to any person violating any rule, regulation or order, or provision under 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 30 days of its issuance; or

(2) Upon withdrawal of said order by the Secretary; or

(3) When the order is superseded by an injunction, whichever occurs first.
3 Del. C. § 2250 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2250
§ Â
        2250. Composition and application of nutrients applied to turf.
Status: in_force

(a) Turf nutrients must be applied in compliance with this chapter and the Nutrient Management Commission’s Regulations.

(b) No more than 4.8 pounds of nitrogen per 1,000 square feet of turf may be applied per year unless specified in a nutrient management plan.

(c) Single application limits shall be set forth in the regulations.

(d) Nutrients with phosphorous may not be applied to turf unless a soil test from an approved lab is performed to confirm a phosphate deficiency or it is being used to establish, re-establish, or repair a turf area.

(e) The Commission may publish a list of approved commercial nutrient handlers certified to apply nutrients to turf.
3 Del. C. § 1510 — Delaware Code / Title 3 / Chapter 15 / Section 1510
§ Â
        1510. Violations and prosecutions.
Status: in_force

(a) A person who violates this chapter is subject to a civil penalty as follows:

(1) For a first occurrence, a civil penalty in an amount that does not exceed $100.

(2) For a subsequent occurrence, a civil penalty in an amount that does not exceed $250.

(b) Before imposing a penalty under subsection (a) of this section, the Secretary must send a written notice of the violation and offer the person an administrative hearing.

(c) The Attorney General shall institute proceedings at once against any person charged with a violation of this chapter.

(d) After judgment by the court in any case arising under this chapter the Department shall publish any information pertinent to the issuance of the judgment by the court in such media as it may designate from time to time.
3 Del. C. § 3168 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3168
§ Â
        3168. Increase of bond.
Status: in_force

If it appears from the dealer’s or handler’s financial statement, or from facts otherwise ascertained by the Department of Agriculture, that the bond afforded to producers selling, supplying or making available on consignment or otherwise milk to such milk dealer or handler does not adequately protect such producers, the Department may require such milk dealer or handler to procure an additional surety, or to give an additional bond or additional security for the collateral bond, in a sum to be determined by the Department, which:

(1) Shall not exceed more than 50 percent of the value of the highest aggregate amount of milk purchased, acquired or received on consignment or otherwise by the dealer or handler from producers in any 1 month during the preceding or current year, which value shall be computed according to the prices applicable; or

(2) Shall be a sum not exceeding by more than 50 percent the amount found to be due and owing producers by such dealer on a particular date determined by the Department,

whichever sum is greater, but the total increase shall not in any event exceed $50,000. In the case of a milk dealer or handler who pays producers in full each week for milk purchased, acquired or received or handled on consignment or otherwise by the milk dealer or handler from such producers, any increase required hereunder shall not exceed more than 25 percent of such value or amount, but the total increase in any event shall not exceed $25,000.
3 Del. C. § 3165 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3165
§ Â
        3165. Surety requirements.
Status: in_force

(a) A corporate surety bond shall be executed to the State by the milk dealer, as principal, and by a corporate surety company. The Department of Agriculture shall have no power to reject any corporate surety bond which is so executed by a corporate surety company authorized to do business in this State as surety.

(b) An individual surety bond shall be executed to the State by the milk dealer, as principal, and by 1 or more individuals, as surety or sureties, who shall have sole title to real estate, the fair valuation of which, free and clear, or in excess of all encumbrances, shall be at least equal to the amount of the bond.

(c) A collateral bond shall be executed to the State by the milk dealer, as principal, shall set forth therein the collateral posted with such bond, and shall have attached thereto the collateral properly assigned and transferred to the State. The collateral posted with such bond shall be cash in an amount equal to the amount of the bond; or such bond shall be secured by an actual deposit with the Department of Agriculture, or with a bank, bank and trust company, or national bank within the State, of money to the full amount of the bond; or by securities to such amount, consisting of interest-bearing obligations of the United States government, of this State, or of any political subdivision of this State, or by any other security or securities approved by the Department of Agriculture. The security or securities deposited therewith shall constitute a trust fund for producers from whom the dealer purchases milk.
3 Del. C. § 7702 — Delaware Code / Title 3 / Chapter 77 / Section 7702
§ Â
        7702. Taking up and impounding livestock at large.
Status: in_force

(a) Any person or agent of the Department may take up any livestock found running at large, upon the public highways, or on unenclosed lands within this State and impound the same. Such person or agent of the Department may demand and receive a reasonable sum for the impoundment, care, and feeding of the livestock while in such person’s care. The care and shelter provided shall be humane and shall be adequate for the size and class of livestock impounded. The State Veterinarian will be responsible for determining if the livestock are being housed and fed properly as well as determining a fair and reasonable cost for impoundment, care, and feeding per day.

(b) The person or agent of the Department taking up and impounding the livestock shall forthwith give written notice of the taking up and impounding to the owner thereof, if known, or by leaving the notice with an adult person at the owner’s or their usual place of abode; or, if unknown, shall place a notice of 3 days’ duration in at least 2 forms of media, including 1 print, adequately describing the livestock and giving an accurate location where the livestock was found, and the name, address,and telephone number of the person holding the livestock.

(c) Any person or agent of the Department taking up and impounding livestock under this chapter who refuses or neglects to give notice as provided in this section, shall be liable to the owner of such livestock in civil damages, to be recovered in a civil action before a Justice of the Peace Court or the Court of Common Pleas of the county in which the livestock was taken up.
3 Del. C. § 807 — Delaware Code / Title 3 / Chapter 8 / Section 807
§ Â
        807. Annual reporting.
Status: in_force

By the end of each year, the Department must provide a report to the Chairs of the House and Senate Agriculture Committees of the General Assembly which must include the following:

(1) The number of participating farmers.

(2) A list of all approved participating insurance providers.

(3) The total amount of acreage in the State, broken down by county, that is insured under the Program.

(4) The total amount of net book premium charged to the eligible farmers participating in the Program.

(5) The total paid out by the Department, over the last year, in premium subsidies and incurred Program administrative expenses.
3 Del. C. § 1223 — Delaware Code / Title 3 / Chapter 12 / Subchapter III / Section 1223
§ Â
        1223. Reinstatement.
Status: in_force

Upon denial, suspension, modification or revocation of a license, permit or certification, any person may reapply to the Department after a time period set by the Department not to exceed 1 year.
3 Del. C. § 7405 — Delaware Code / Title 3 / Chapter 74 / Section 7405
§ Â
        7405. Destruction of condemned equines.
Status: in_force

Any equine determined incurable and condemned for Equine Infectious Anemia shall be destroyed upon the direction of the Department or its duly appointed agent.
3 Del. C. § 1903 — Delaware Code / Title 3 / Chapter 19 / Section 1903
§ Â
        1903. Definitions of words and terms.
Status: in_force

(a) “Agricultural liming materials” means all suitable materials containing calcium or magnesium in chemical form, physical condition and quantity capable of neutralizing soil acidity.

(b) “Limestone” means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.

(1) “Calcitic limestone” shall derive a minimum of 36% calcium from calcium carbonate and the calcium carbonate equivalent shall not be less than 90%;

(2) “Dolomitic limestone” shall derive a minimum of 10% of its neutralizing value from magnesium carbonate and a minimum of 20% calcium from calcium carbonate and calcium carbonate equivalent of 90%.

(c) “Burnt lime” means a material, made from limestone which consists essentially of calcium oxide or combination of calcium oxide with magnesium oxide.

(d) “Hydrated lime” means a material, made from lime, which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and/or magnesium hydroxide.

(e) “Brand” means the term, designation, trademark or other specific designation under which an individual agricultural liming material is offered for sale.

(f) “Fineness” means the percentage by weight of the material which will pass sieves of specified sizes. The fineness shall be measured in reference to 10 mesh and 60 mesh sieves of United States standard designation.

(g) The fineness guarantee is defined as:

(1) Minimum percentage passing through a 10 mesh sieve;

(2) Minimum percentage passing through a 60 mesh sieve.

Provided, however, that in lieu of this subsection, the Department may in its regulations set minimum standards for fineness for various grades of liming materials, and such grades, when stated, shall become the minimum guarantees of the liming materials so labeled.

(h) “Ton” means a net weight of 2,000 pounds avoirdupois.

(i) “Percent” or “percentage” means by weight.

(j) “Bulk” means in nonpackaged form.

(k) “Label” means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments.

(l) “Person” means individual, partnership, association, firm or corporation.
3 Del. C. § 10162 — Delaware Code / Title 3 / Chapter 101 / Subchapter IV / Section 10162
§ Â
        10162. License to conduct pari-mutuel or totalizator pools; application for and qualifications of licensee; grant of license.
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 for the purpose of receiving wagers or bets on horse races within the enclosure of any 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.

(d) A licensee to make, conduct and sell pools by the use of pari-mutuel machines or totalizators must be a person licensed to conduct a racing meet under this chapter.
3 Del. C. § 8203 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8203
§ Â
        8203. Reporting of rabies.
Status: in_force

Any medical practitioner, hospital, veterinarian, or other person having knowledge of the following situations shall report the facts within 12 hours by telephone, email, fax, or in person as follows:

(1) Any suspected or confirmed case of human rabies to the Division.

(2) Any suspected or confirmed case of animal rabies to the Department.

(3) Any human known or suspected of having been exposed to rabies to the Division.

(4) Any animal known or suspected of having been exposed to rabies to the Department.
3 Del. C. § 3148 — Delaware Code / Title 3 / Chapter 31 / Subchapter IV / Section 3148
§ Â
        3148. Appeals; bond; time for taking.
Status: in_force

Any person convicted of violating this subchapter shall have the right of an appeal to the Court of Common Pleas upon giving bond with surety satisfactory to the justice of the peace or judge before whom such person was convicted. The appeal shall be taken and bond given within 5 days from the time of conviction.
3 Del. C. § 8105 — Delaware Code / Title 3 / Chapter 81 / Section 8105
§ Â
        8105. Rules and regulations.
Status: in_force

The Department of Agriculture may establish such rules and regulations as it deems necessary to carry out the purposes of this chapter.
3 Del. C. § 10055 — Delaware Code / Title 3 / Chapter 100 / Subchapter IV / Section 10055
§ Â
        10055. Rules, regulations and special powers of Commission.
Status: in_force

(a) The Commission may require the keeping of books and records by a licensee of a pool in such forms, or in such manner, as the Commission prescribes. The Commission may also regulate the duties of any employee of any such licensee and visit, investigate and place expert accountants and such other persons as it deems necessary in the office or place of business of any person licensed to operate a pool for the purpose of satisfying itself that the Commission’s rules and regulations are strictly complied with.

(b) The Commission may also issue, under its hand and seal, subpoenas for the attendance of witnesses and the production of books, papers and documents of the licensee before the Commission and may administer oaths or affirmations to the witnesses whenever in the judgment of the Commission it is necessary for the effectual discharge of its duties. If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then the Commission may apply to the Superior Court of the county in which it is sitting and thereupon the Court shall issue its subpoena requiring the person to appear and testify, or to produce the books, papers and documents before the Commission. Any person failing to obey or refusing to obey a subpoena of the Court is guilty of contempt of court and shall be punished accordingly. False swearing on the part of any witness shall be deemed perjury and shall be punished as such.
3 Del. C. § 10169 — Delaware Code / Title 3 / Chapter 101 / Subchapter IV / Section 10169
§ Â
        10169. Combined pari-mutuel pools on interstate simulcast wagering.
Status: in_force

(a) On interstate simulcasts of races that a person licensed under this chapter transmits or receives, the licensee may combine wagers made at the licensee’s track with wagers of the same type made at out-of-state facilities where wagering is lawful.

(b) The purpose of this section is to allow the creation of common pari-mutuel pools for calculating odds and determining payouts.

(c) The wagers made at out-of-state facilities may not be considered part of the licensee’s pari-mutuel pools for any purpose other than the purpose specified under subsection (b) of this section.
3 Del. C. § 2109 — Delaware Code / Title 3 / Chapter 21 / Section 2109
§ Â
        2109. Commercial value.
Status: in_force

For the purpose of determining the commercial values to be applied under the provisions of § 2108 of this title, the Secretary shall determine and publish annually the values per unit of nitrogen, available phosphate, and soluble potash in commercial fertilizers in this State. The values so determined and published shall be used in determining and assessing penalties.
3 Del. C. § 1206 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1206
§ Â
        1206. Licensing â Required; classification.
Status: in_force

(a) No person shall engage in the business of applying pesticides to the lands or personal property of another unless such person has been duly licensed by the Department. Further, no license shall be issued to any person, nor shall it remain valid, unless such person is certified or employs a certified applicator at all times. At least 1 person designated as a certified applicator under the license shall meet the experience requirement specified in §  1207(c) of this title. No license shall be required of any private applicator.

(b) The Department shall classify or subclassify licenses to be issued under this chapter. Such classifications may include, but are not limited to, pest control operators and ornamental, agricultural or right-of-way pesticide applicators. Separate subclassifications may be specified as to ground, aerial or manual methods used by any licensee to apply pesticides and to the use of pesticides to control pests (provided that no person shall be required to pay an additional license fee if such person desires to be licensed in 1 or all of the license classifications provided for by the Department under the authority of this chapter).
3 Del. C. § 3108 — Delaware Code / Title 3 / Chapter 31 / Subchapter I / Section 3108
§ Â
        3108. Enforcement of chapter.
Status: in_force

(a) The Department of Agriculture shall enforce this chapter, and may make such proper rules and regulations as are necessary for such enforcement.

(b) Nothing in subsection (a) of this section shall prevent any individual from prosecuting any person for violating any of the provisions of this chapter.
3 Del. C. § 1035 — Delaware Code / Title 3 / Chapter 10 / Subchapter III / Section 1035
§ Â
        1035. Duties of State Forester.
Status: in_force

The State Forester, with the advice and assistance of the Council, may establish minimum standards and provide a training skills and voluntary accreditation program for representatives of local governments and organizations, the content of which shall be the appropriate and approved methods for the planting, protection, care and management of trees and other related natural resources under their control.
3 Del. C. § 1038 — Delaware Code / Title 3 / Chapter 10 / Subchapter III / Section 1038
§ Â
        1038. Rules, regulations.
Status: in_force

The Department shall adopt, pursuant to the Administrative Procedure Act, Chapter 101 of Title 29, such rules and regulations as may be necessary to implement this chapter, including establishment of:

(1) Guidelines for development of a comprehensive community forestry plan;

(2) Criteria for proper selection, planting and care of tree resources;

(3) Procedures to accept and evaluate submitted comprehensive community forestry plans;

(4) Procedures for the review and approval of training and voluntary accreditation programs in tree care and management for local officials;

(5) Criteria for ranking grant applications received from local governments and community organizations applying for assistance in tree planting, tree improvement and the development and implementation of comprehensive community forestry plans.
3 Del. C. § 3133 — Delaware Code / Title 3 / Chapter 31 / Subchapter III / Section 3133
§ Â
        3133. Inspection and marking of Babcock test bottles.
Status: in_force

(a) Every person, or agent thereof, engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount of percentage of butterfat contained therein, as determined by the “Babcock test,” shall use standard “Babcock” bottles, pipettes, and weights, as defined in § 3132 of this title. All Babcock test bottles, pipettes, and weights, so used, shall have been inspected for accuracy by the Department of Agriculture, or its proper officer or agent, and shall be legibly and indelibly marked by the Department of Agriculture, or its inspectors of weights and measures, with the letters “S. G. D.” (Standard Glassware Delaware).

(b) No Babcock bottle, pipette, or weight, shall be used for a test unless examined and marked by the inspectors of weights and measures. No person or agent shall use any other than standard test bottles, pipettes and weights, which have been examined and marked as provided in this section, to determine the amount of fat in milk or cream bought on the butterfat basis as determined by the Babcock test.
3 Del. C. § 927 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 927
§ Â
        927. Judicial review.
Status: in_force

Judicial proceedings to review any rule, regulations or other action of the Foundation or to determine the meaning or effect thereof may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date of the promulgation of the rule or regulation or other action of the Foundation.
3 Del. C. § 305 — Delaware Code / Title 3 / Chapter 3 / Section 305
§ Â
        305. Delaware Agriculture Marketing Fund.
Status: in_force

(a) There is established a Delaware Agriculture Marketing Fund to which shall be credited all funds appropriated by the General Assembly of this State for the administration of this chapter, and all funds received through the sale of promotion and marketing products under this chapter.

(b) All revenues derived from the sale of promotion and marketing products under the administration of the Delaware Department of Agriculture shall be paid to the State Treasurer and credited to the Delaware Agriculture Promotion Fund for use in connection with agricultural promotion or marketing.
3 Del. C. § 1611 — Delaware Code / Title 3 / Chapter 16 / Subchapter II / Section 1611
§ Â
        1611. Grain contracts of sale, discount rates and weight rates.
Status: in_force

(a) Subject to any contractual provision to the contrary and based upon whatever market the contracting parties agree to:

(1) The discount rates for foreign material and moisture content may not be higher than the discount rates that prevail on the day the contract is formed;

(2) The test weight rates may not be higher than the test weight rates that prevail on the day the contract is formed.

(b) This section applies to any contract for sale of grain entered into in this State provided the date of delivery is less than 1 year after the date the contract is formed.
3 Del. C. § 2506 — Delaware Code / Title 3 / Chapter 25 / Section 2506
§ Â
        2506. Renewal of license.
Status: in_force

Upon proof of payment of the renewal premium continuing the bond required by this chapter in full force and effect, or proof that the applicant meets 1 of the exceptions to the bond requirement set forth in § 2504 hereof, and upon the payment of a fee of $25 on or before the expiration date of any license issued under this chapter, the applicant shall be entitled to a renewal of license for another year.
3 Del. C. § 938 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 938
§ Â
        938. Right of rejection.
Status: in_force

The Secretary of the Department of Agriculture shall, with respect to the approval of a forestland preservation area or the approval of purchase of forestland preservation easements, be entitled to reject such approvals in the manner and subject to the provisions of § 919 of this title.
3 Del. C. § 10105 — Delaware Code / Title 3 / Chapter 101 / Subchapter I / Section 10105
§ Â
        10105. Meetings; office; and quorum.
Status: repealed

(a) The Commission shall meet at least once a year to set racing dates and at least once a month during the racing meets.

(b) [Repealed.]

(c) A majority of the Commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the Commission.
3 Del. C. § 1072 — Delaware Code / Title 3 / Chapter 10 / Subchapter VI / Section 1072
§ Â
        1072. Definitions.
Status: in_force

The following words, terms and phrases, as used in this subchapter, shall have the following meanings ascribed to them except where the context clearly indicates a different meaning:

(1) “Owner” shall mean any person that (a) owns or leases land on which silvicultural activity occurs or (b) owns timber on land which silvicultural activity occurs.

(2) “Operator” shall mean any person that operates or exercises control over any silvicultural activity.

(3) “Pollution” shall mean such alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as a present or possible future source of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural or other reasonable uses.

(4) “Silvicultural activity” shall mean any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation.

(5) “Reforestation” is the establishment of a tree crop on forest land.
3 Del. C. § 6701 — Delaware Code / Title 3 / Chapter 67 / Section 6701
§ Â
        6701. Definitions.
Status: in_force

(a) “Department” means Department of Agriculture.

(b) “Person” includes individual, partnership, corporation, cooperative or association.

(c) “Distribute” means offer to sale, sell, barter or otherwise supply biologicals.

(d) “Biological product” means living, attenuated or killed organisms or viruses for the treatment or prevention of diseases of animals, other than humans, or poultry.

(e) “Safety” means that the biological product is not harmful for the purposes intended.

(f) “Potency” means that the biological product possesses sufficient power to protect poultry or animals, other than humans, against the disease or diseases represented by the registrant.
3 Del. C. § 9023 — Delaware Code / Title 3 / Chapter 90 / Subchapter II / Section 9023
§ Â
        9023. Filing of bylaws.
Status: in_force

Pursuant to Article IV(h) of the compact, copies of bylaws and amendments thereto shall be filed with the Secretary of State.
3 Del. C. § 8538 — Delaware Code / Title 3 / Chapter 85 / Subchapter III / Section 8538
§ Â
        8538. Annual audit and report.
Status: in_force

At the close of each fiscal year, a complete audit of the operations of the association shall be made by a qualified accountant employed by the board of directors. The written report of the accountant shall include statements of services rendered by the association, the balance sheet, the receipts and disbursements, and the assets and liabilities, the total number of stockholders, and other proper information, and shall be submitted to the members at the next regular meeting. Within 3 months after the expiration of the fiscal year for which made, the secretary of the association shall file one copy of the report of the audit with the Secretary of the Department of Agriculture of this State and one copy with the Dean of the School of Agriculture of the University of Delaware. No person shall, without consent of the association, except in obedience to judicial process, make or permit any disclosure whereby any information contained in the report may be identified as having been furnished by the association.
3 Del. C. § 1707 — Delaware Code / Title 3 / Chapter 17 / Section 1707
§ Â
        1707. Adulteration.
Status: in_force

No person shall distribute an adulterated feed. A commercial feed or customer-formula feed shall be deemed to be adulterated:

(1) If any poisonous, deleterious or nonnutritive ingredient has been added in sufficient amount to render it injurious to health when fed in accordance with directions for use on the label;

(2) If any valuable constituent has been, in whole or in part, omitted or abstracted therefrom or any less valuable substance substituted therefor;

(3) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;

(4) If it contains added hulls, screenings, straw, cobs or other high fiber material unless the name of each such material is stated on the label;

(5) If it contains viable weed seeds in amounts exceeding the limits which the Department shall establish by rule or regulation;

(6) If it contains any added poisonous, deleterious, non-nutritive substance, food or color additive, or new animal drug which is unsafe within the meaning of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 301 et seq.];

(7) If it consists in whole or part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed;

(8) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
3 Del. C. § 930 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 930
§ Â
        930. Rules and regulations; investigations; review by Attorney General.
Status: in_force

(a) The Secretary of the Department of Agriculture may establish and promulgate such rules and regulations as he or she deems necessary to enforce the state policy established under this chapter.

(b) Whenever the Secretary of the Department of Agriculture has reason to believe that a public agency’s action will have an adverse impact on agriculture without an ample finding of public need or is harmful to the maintenance and preservation of agricultural activities, the Secretary may conduct a hearing to investigate the actions and make recommendations consistent with this chapter to the public agency.

(c) Whenever the public agency disagrees with the Secretary’s recommendations, the Secretary may request the Attorney General to review the record of the hearing on the matter and determine whether a Chancery Court action for injunctive relief consistent with this chapter is warranted.
3 Del. C. § 8706 — Delaware Code / Title 3 / Chapter 87 / Section 8706
§ Â
        8706. Purpose.
Status: in_force

It is the objective of this chapter to provide for meat, poultry, and egg products inspection programs and for the humane slaughter of livestock that will impose and enforce requirements with respect to intrastate operations and commerce that are least equal to those imposed and enforced under the federal Meat Inspection Act (21 U.S.C. § 601 et seq.), the federal Poultry Products Inspection Act (21 U.S.C. § 451 et seq.), the federal Egg Products Inspection Act (21 U.S.C. § 1031 et seq.), and the federal Humane Methods of Slaughter Act (7 U.S.C. § 1901 et seq.) with respect to operations in interstate commerce. The Secretary is directed to administer this chapter so as to accomplish this purpose and is authorized to promulgate and adopt regulations to accomplish the purpose of this chapter. The Department is designated as the appropriate state agency to cooperate with the Secretary of Agriculture of the United States in administration of this chapter.
3 Del. C. § 3508 — Delaware Code / Title 3 / Chapter 35 / Section 3508
§ Â
        3508. Sanitation and related matters.
Status: in_force

(a) Any person assembling, transporting, marketing, or processing graded eggs for marketing shall keep the eggs at a temperature in accordance with United States Department of Agriculture temperature requirements. In addition, any container, including the packaging material therein or associated therewith, shall be clean, unbroken and free from foreign odor.

(b) The Department of Agriculture shall by rules and regulations provide for the keeping, processing, transporting and sale of eggs under sanitary conditions.

(c) Nothing in this chapter or in any rules or regulations of the Department of Agriculture shall be construed to exempt any persons or premises from the application thereto of any laws otherwise applicable and relating to the operation of establishments or facilities for the storing, transporting, sale, distribution, preparation or serving of food.
3 Del. C. § 3169 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3169
§ Â
        3169. Decrease in bond.
Status: in_force

The Department of Agriculture may grant a reduction of the bond or the collateral, or release an additional surety, if it appears that owing to a decrease in the milk purchased, received or handled by the dealer or handler, or to other causes, a bond in a lesser amount or with fewer sureties will protect producers selling, supplying or making available milk to such milk dealer or handler.
3 Del. C. § 3164 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3164
§ Â
        3164. Time of filing; period effective.
Status: in_force

(a) The bond required in this subchapter shall be filed with the dealer’s or handler’s application for a license, and shall be filed within the time for filing such application.

(b) The bond shall become effective upon its being filed with the Department of Agriculture for the entire license year, or for that part of the license year in which the milk dealer or handler became engaged in the milk business. Any bond filed with the Department shall become effective upon being filed, whether or not it is approved by the Department, and shall no longer be of effect during the license year only when it has been replaced by a bond approved by the Department to be substituted therefor. The bond required in this subchapter shall be an obligation independent of the granting of a license and shall remain in full force and effect for and during the license year designated, as long as the dealer or handler purchases or receives milk from producers or is indebted to pay producers for any milk delivered during said license year, whether or not a license is granted the milk dealer or handler or a license granted the milk dealer or handler remains in force.

(c) The Department of Agriculture shall determine within a reasonable time after the close of a license year which milk dealers or handlers have paid all amounts protected by their bonds filed with the Department, and if the Department finds that all amounts protected by the bond of a milk dealer or handler have been paid, it shall thereafter return the bond for said past license year to each such milk dealer or handler.
3 Del. C. § 1001 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1001
§ Â
        1001. State agency to cooperate with individuals, public agencies and United States government.
Status: in_force

The Department of Agriculture is the agency of the State assigned plenary authority and responsibility in public forestry functions, in the conduct of which it may cooperate with individuals and public agencies including agencies of the United States in programs concerned with:

(1) The protection of forest lands from fire, disease and insect damage, including the application of control measures therefor;

(2) Establishing forest growth on denuded or nonforested lands;

(3) Aiding private forest landowners, operators and processors of primary forest products in applying desirable woodland improvement, management and harvesting practices;

(4) Forest resource research, education and surveys; and

(5) Public recreation.
3 Del. C. § 8212 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8212
§ Â
        8212. Enforcement.
Status: in_force

The provisions of this chapter may be enforced by any authorized employee or agent of the Departments of Agriculture, Natural Resources and Environmental Control or Health and Social Services.
3 Del. C. § 8219 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8219
§ Â
        8219. Eligibility; division of Spay/Neuter Fund proceeds.
Status: in_force

Transferred to § 3015F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 2403 — Delaware Code / Title 3 / Chapter 24 / Section 2403
§ Â
        2403. Same â Agreements relating to eradication.
Status: in_force

The state Department of Agriculture may enter into an agreement with any designated county in this State for the purpose of control and eradication of designated noxious weed within that county. When such an agreement is executed and certified in writing to the Secretary of State, the Department and the county may conduct surveys to determine the location and amount of infestations of designated noxious weed within that county, and may provide technical and financial assistance to landowners in a cooperative control or eradication program, and may effect a program of mowing, spraying, or other control or eradication practices on road rights-of-way, drainage ditch banks, parks, playgrounds, and other public or private lands. The agreement between the Department and county may be terminated by either party on 30 days written notice.
3 Del. C. § 8507 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8507
§ Â
        8507. General powers of associations.
Status: in_force

An association incorporated under this chapter may engage in the buying and selling of agricultural products, taking title to such products or acting as agent for its stockholders, patrons, or any of them; may engage in or perform for its stockholders or patrons services connected with the production, harvesting, preservation, drying, grading, canning, storing, handling, utilization, marketing or sale of agricultural products produced by them; and may engage in or perform for its stockholders or patrons services connected with purchasing or leasing for use by them of supplies, including livestock, machinery, equipment, feed, fertilizer, electricity and seeds, and the hiring of labor, or any 1 or more of the kinds of service specified in this section, for the agricultural or other purposes of the stockholders.
3 Del. C. § 1228 — Delaware Code / Title 3 / Chapter 12 / Subchapter VI / Section 1228
§ Â
        1228. Established.
Status: in_force

A Pesticide Advisory Committee is hereby established.
3 Del. C. § 1238 — Delaware Code / Title 3 / Chapter 12 / Subchapter VII / Section 1238
§ Â
        1238. Cooperative agreements.
Status: in_force

The Department may cooperate, receive grants-in-aid and enter into agreements with any agency of the federal government, of this State or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter, in order to:

(1) Secure uniformity of regulations;

(2) Cooperate in the enforcement of the federal pesticide control laws through the use of state and/or federal personnel and facilities and to implement cooperative enforcement programs;

(3) Develop and administer state plans for training and for certification of certified applicators consistent with the federal standards;

(4) Contract for training with other agencies for the purpose of training certified applicators;

(5) Contract for monitoring pesticides for the national plan;

(6) Prepare and submit state plans to meet federal certification standards, as provided for in § 4 of FIFRA [7 U.S.C. § 136i(a)-(c)]; or

(7) Regulate certified applicators.
3 Del. C. § 3104 — Delaware Code / Title 3 / Chapter 31 / Subchapter I / Section 3104
§ Â
        3104. Definition of condensed, evaporated and concentrated milk.
Status: in_force

For the purpose of this chapter, condensed, evaporated and concentrated milk is defined as the product resulting from the evaporation of a considerable portion of the water from the fresh clean lacteal secretion, colostrum free, obtained by the complete milking of cows properly fed and kept, the product to contain, when made from whole milk or from milk with adjustment, if necessary, of the ratio of fat to nonfat solids by the addition or by the abstraction of cream without added sugars all tolerances allowed, at least 25.5% of milk solids and not less than 7.8% of milk fat. The sum of the percentage of milk fat and total milk solids shall be not less than 33.7% when made from whole milk with added sugars to contain at least 8% of milk fat all tolerances allowed and when made from skimmed milk to contain at least 20% of milk solids all tolerances allowed.
3 Del. C. § 1502A — Delaware Code / Title 3 / Chapter 15 / Section 1502A
§ Â
        1502A. Label requirements; agricultural seeds.
Status: in_force

(a) In addition to the information required under § 1502 of this title, each container of agricultural seeds, except for grass seed mixtures under subsection (b) of this section, must contain all of the following information:

(1) The name of the kind or kind and variety for each agricultural seed component present in excess of 5% of the whole and the percentage by weight of each in the order of its predominance, as follows:

a. If the variety of the kind is not generally labeled as to variety, the label must state the name of the kind and the words, “Variety Not Stated.”

b. Hybrids must be labeled as hybrids.

c. Where more than 1 component is required to be named, the word “mixture” or the word “mixed” must be shown conspicuously on the label.

d. Lot number or other lot identification.

(2) Origin, if known, of alfalfa, red clover, and field corn, except hybrid corn. If the origin is unknown, that fact must be stated.

(3) Percentage by weight of all weed seeds.

(4) a. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present singly or collectively in any amount.

b. The amount of noxious weed seed must not exceed any of the following:

1. For noxious weed seeds in Group 1 under paragraph (a)(4)c. of this section, 160 per pound.

2. For noxious weed seeds in Group 2 under paragraph (a)(4)d. of this section, 10 per pound.

3. Notwithstanding paragraphs (a)(4)b.1 and (a)(4)b.2. of this section, in lawn or turf seed, Poa Annua must not exceed 256 per pound.

c. Group 1 includes all of the following: Agropyron spp., Agrostis spp., alfalfa, Bermuda grass, Brassica spp., orchard grass, alsike and white clover, crimson clover, dallis grass, fescues, flax, foxtail millet, lespedezas, Poa spp., red clover, reed Canary grass, Rhodes grass, ryegrass, sweet clover, smooth brome, timothy, and other agricultural seeds of similar size and weight, or mixtures within this group.

d. Group 2 includes all of the following: Barley, buckwheat, oats, proso, rye, sorghums, sudangrass, vetches, wheat, and other agricultural seeds of a size and weight similar to or greater than those within this group, or any mixtures within this group.

(5) Percentage by weight of agricultural seed, including seed designated as “crop seeds” other than those required to be named on the label.

(6) Percentage by weight of inert matter.

(7) For each named agricultural seed, 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)(7)a. through (a)(7)b. of this section.

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

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

(b) In addition to the requirements under § 1502 of this title, each container of seed mixtures for lawn or turf purposes in containers of 50 pounds or less must contain all of the following information:

(1) The word “mixed” or “mixture.”

(2) All of the following for each kind or kind and variety of agricultural seed present in excess of 5% of the whole, in order of the seed’s predominance:

a. Common accepted name.

b. Percentage by weight of pure agricultural seed.

c. Percentage of germination, exclusive of hard seed.

d. Percentage of hard seed, if present.

e. The month and calendar year the germination test was completed to determine the percentages under paragraphs (b)(2)c. through (b)(2)d. of this section.

(3) The heading “other ingredients” and all of the following, in type no larger than the heading:

a. Percentage by weight of all weed seeds present, not to exceed 1%, by weight, of the whole.

b. Percentage by weight of all agricultural seeds not identified under paragraph (b)(2) of this section.

c. Percentage by weight of inert matter.

(4) Lot number or other lot identification.

(5) Name and rate of occurrence per pound of each kind of restricted noxious weed seed present.

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

(7) Net weight.

(8) The statement “Sell by” followed by a date from the date of the germination test, exclusive of the month of the test, as follows:

a. For cool season grasses, no more than 15 months.

b. For warm season grasses, no more than 9 months.
3 Del. C. § 1006 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1006
§ Â
        1006. Distribution of tree seeds and seedlings.
Status: in_force

The Department of Agriculture may procure, produce, sell and distribute forest tree seeds and seedlings for the purpose of establishing windbreaks and forest growth upon denuded or nonforested lands within this State, in such quantities and under such regulations as are prescribed by the Department.
3 Del. C. § 8201 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8201
§ Â
        8201. Purpose of chapter.
Status: in_force

The purpose of this chapter is to control and suppress the spread of rabies among the domestic and wild animal populations of the State, to provide safeguards against exposure of this disease to citizens of the State and to prevent the introduction of this virus into this State by the importation of animals or species of animals known to be vectors or carriers.
3 Del. C. § 1080 — Delaware Code / Title 3 / Chapter 10 / Subchapter VI / Section 1080
§ Â
        1080. State program.
Status: in_force

In carrying out this chapter, the State Forester may, in cooperation with appropriate municipal, county, state and federal agencies, and with representatives from operators and owners groups:

(1) Develop and publish sediment control and storm water management techniques and guidelines for use by owners and operators;

(2) Provide technical and other assistance to owners and operators in the implementation of techniques and guidelines;

(3) Conduct and supervise educational programs for owners and operators with respect to sediment control and storm water management techniques and guidelines;

(4) Conduct studies and research and publish the results regarding the causes, effects and hazards of sediment and storm water originating from silvicultural activities;

(5) Cooperate with appropriate agencies of the United States or other states or any interstate agency with respect to silvicultural activities;

(6) Establish a means of communication, such as a newsletter, so that information regarding program development and implementation can be distributed to interested owners and operators; and

(7) Establish a notification system whereby owners and/or operators inform the Delaware Department of Agriculture Forest Service of planned silvicultural activities prior to commencing the activities.
3 Del. C. § 716 — Delaware Code / Title 3 / Chapter 7 / Section 716
§ Â
        716. Association not illegal.
Status: in_force

No activity, including meetings, undertaken in pursuance of the sections of this chapter that are intended to benefit the procedures, handlers and processors of such agricultural commodity shall be deemed or considered illegal or in restraint of trade.
3 Del. C. § 10207 — Delaware Code / Title 3 / Chapter 102 / Section 10207
§ Â
        10207. Compact Committee.
Status: in_force

There is hereby created an interstate governmental entity to be known as the “Compact Committee,” which shall be comprised of 1 official from the racing commission or its equivalent in each party state who shall be appointed, serve and be subject to removal in accordance with the laws of the party state the official represents. Pursuant to the laws of the official’s party state, each official shall have the assistance of the official’s state’s racing commission or the equivalent thereof in considering issues related to licensing of participants in live racing and in fulfilling the official’s responsibilities as the representative from the official’s state to the Compact Committee. If an official is unable to perform any duty in connection with the powers and duties of the Compact Committee, the racing commission or equivalent thereof from the official’s state shall designate another person as an alternate who shall serve in the official’s place and represent the party state as its official on the Compact Committee until that racing commission or equivalent thereof determines that the original representative official is able once again to perform the official’s duties as that party state’s representative official on the Compact Committee. The designation of an alternate shall be communicated by the affected state’s racing commission or equivalent thereof to the Compact Committee as the committee’s bylaws may provide.

Delaware’s delegate shall be appointed by the Governor with the advice and consent of the Senate, and shall serve until the delegate’s successor is confirmed.
3 Del. C. § 941 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 941
§ Â
        941. Program participation.
Status: in_force

The owners of farmlands and forestlands included in Agricultural Preservation Districts shall be entitled to apply to sell an agricultural lands preservation easement to the Foundation under the provisions of subchapter III of this chapter, and concurrently apply to sell a forestland preservation easement under the provisions of this subchapter. If the owner’s offers to sell the agricultural lands preservation easement and a forestland preservation easement on the same agricultural lands are accepted by the Foundation, the owners shall be entitled to proceed with the offer to sell an agricultural lands preservation easement for the entire property, or to separately sell a forestland preservation easement under the accepted offer and sell an agricultural lands preservation easement for the balance of the property under the accepted offer, whichever is considered desirable by the owner, provided further that the separate sale of a forestland preservation easement shall not limit the residential use allowance for the entire property as utilized on the balance of the property.
3 Del. C. § 3510 — Delaware Code / Title 3 / Chapter 35 / Section 3510
§ Â
        3510. Exemptions.
Status: in_force

(a) Producers are exempt from §§ 3503 and 3504 of this title if they sell eggs produced by their own flocks, provided such eggs are not sold at an established place of business detached from the premises of their production and provided they are not advertised or displayed to the public with price, or size, or quality designations or any descriptive terms as stated in § 3506 of this title.

(b) Newspapers or any other advertising media shall not be liable, pursuant to this chapter, for publishing advertisements furnished by a vendor or distributor of eggs or anyone acting on their behalf.
3 Del. C. § 6301 — Delaware Code / Title 3 / Chapter 63 / Section 6301
§ Â
        6301. Powers and duties of Department.
Status: in_force

The Department may execute contracts for the preparation, publication and dissemination of information for the promotion of the poultry industry in the State. The Department may also undertake studies on disease control, regulatory activities and various types of experimental and extension activities which may in its opinion be deemed beneficial to the poultry industry. All money expended for experimental and extension activities shall be in cooperation with the Agricultural Experimental Station and Extension Service of the University of Delaware. The Department may expend any share of the funds appropriated to its use for advertising, education and other mediums for the promotion of state poultry and poultry products, with the understanding that during periods of overproduction, decreased consumer-demand and other conditions resulting in poultry markets unfavorable to the grower, the moneys at its disposal should be used largely, if not entirely, for advertising and other sales promotional activities in the interest of state poultry and state poultry products.
3 Del. C. § 3143 — Delaware Code / Title 3 / Chapter 31 / Subchapter IV / Section 3143
§ Â
        3143. Deposits on containers.
Status: in_force

The requiring, taking, or accepting of any deposit upon the delivery of any bottle, box, tin, can or other receptacles or containers, the name, mark, or device upon which has been filed and published as provided for in this subchapter, shall not constitute a sale thereof, either optional or otherwise.
3 Del. C. § 2240 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2240
§ Â
        2240. State Nutrient Management Program; powers and duties of the Commission.
Status: in_force

The State Nutrient Management Program (SNMP) shall consist of:

(1) Certification of persons directly involved with the generation or application of nutrients within the State, as limited by § 2241 of this title;

(2) The development of and implementation of best management practices designed to improve water quality, optimize nutrient use and maintain a profitable agricultural industry in the State;

(3) Educational programs through which applicants shall be instructed in the best management practices established by the Commission;

(4) A method developed by the Commission and instituted prior to granting of any certificate to evaluate an applicant’s comprehension of the best management practices established by the Commission; and

(5) Any other program elements instituted by the Commission.
3 Del. C. § 923 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 923
§ Â
        923. Interim Foundation staffing.
Status: in_force

(a) Until such time that funding is available to support a permanent Foundation staff, the staff support necessary for Foundation activities provided under this chapter shall be provided by the Agricultural Lands Preservation Section of the Department of Agriculture. Such Section shall, within 9 months of July 8, 1991, prepare in coordination with the Department of Natural Resources and Environmental Control and the Planning and Zoning Commissions of the respective counties, for review and consideration of the Foundation, the following:

(1) Proposed additional criteria for establishment and maintenance of Agricultural Preservation Districts;

(2) A proposed selection system for scoring, ranking and prioritizing applications for conveyance of preservation easements;

(3) A draft statewide agricultural lands preservation strategy; and

(4) Proposed procedural rules and regulations for conduct of the internal affairs of the Foundation, including the development of draft application forms and procedures for conducting business.

(b) The Department of Agriculture shall provide to the Foundation the administrative support necessary for the organization of the Foundation, including accommodations for meetings until such time that an office is opened by the Foundation.

(c) The Foundation shall, from its sources of funding, reimburse the Department of Agriculture for any out-of-pocket costs expended by the Department of Agriculture on behalf of the Foundation which are related to efforts undertaken by the Department of Agriculture under this section.
3 Del. C. § 2903 — Delaware Code / Title 3 / Chapter 29 / Section 2903
§ Â
        2903. Restrictions on invasive and potentially invasive plants.
Status: in_force

(a) No person may import, export, buy, sell, transport, distribute, or propagate any viable portion, including seeds, of a plant on the Invasive Plant List, unless the Secretary provides prior written approval under subsection (b) of this section.

(b) The Secretary may provide written approval for a person to conduct an activity prohibited under subsection (a) of this section if the purpose of the activity is for any of the following:

(1) Disposal.

(2) Control.

(3) Research or education.

(4) Export for the purpose of disposal, control, research, or education.

(c) No person may import, export, buy, sell, transport, distribute, or propagate any viable portion, including seeds, of a plant on the Plant Watch List, unless the plant is identified with a tag, label, or sign published under § 2904 of this title.