3 Del. C. § 903 — Delaware Code / Title 3 / Chapter 9 / Subchapter I / Section 903
§ Â
        903. Delaware Agricultural Lands Preservation Foundation.
Status: in_force

(a) There is hereby established and created a statewide agricultural lands preservation foundation, a body politic and corporate constituting a public instrumentality of the State established and created for the performance of an essential public and governmental function, to be known as the Delaware Agricultural Lands Preservation Foundation. The Foundation shall be comprised of 13 trustees, all of whom shall be resident of and qualified to vote in the State. The President Pro Tem shall appoint 1 member from the Senate and the Speaker of the House shall appoint 1 member from the House of Representatives each of whom shall serve an indefinite term. The Governor shall appoint the remaining 11 Trustees and shall designate 1 Trustee as Chairperson, which Trustee shall serve at the pleasure of the Governor and be confirmed with the advice and consent of the Senate. The composition of the 11 members appointed by the Governor to the Board of Trustees of the Foundation shall be as follows:

(1) The Secretary of the Department of Agriculture or authorized designee to serve an indefinite term.

(2) The Secretary of the Department of Natural Resources and Environmental Control or authorized designee to serve an indefinite term.

(3) The State Treasurer or authorized designee to serve an indefinite term.

(4) A member and representative of the Delaware Farm Bureau, to be selected from a list of 3 nominees submitted by the Delaware Farm Bureau, who shall serve an initial term of 2 years.

(5) A member and representative of the Delaware State Grange, to be selected from a list of 3 nominees submitted by the Delaware State Grange, who shall serve an initial term of 2 years.

(6) An individual actively engaged in farming or some other form of agribusiness who is a resident of New Castle County and who shall serve for an initial term of 3 years.

(7) An individual actively engaged in farming or some other form of agribusiness who is a resident of Kent County and who shall serve for an initial term of 3 years.

(8) An individual actively engaged in farming or some other form of agribusiness who is a resident of Sussex County and who shall serve for an initial term of 3 years.

(9) An individual actively engaged in farming or some other form of agribusiness who may reside in any county of the State.

(10) An individual who is a resident of the State who is designated as Chairperson.

(11) The Chair of the Council on Forestry or authorized designee to serve an indefinite term.

(b) Upon the expiration of the terms of the original Trustees having designated terms, the terms of such Trustee positions thereafter shall be 3 years. For the 5 Trustees appointed to the positions indicated in paragraphs (a)(6)through (a)(10) of this section, Trustees registered in either major political party shall not exceed the other major political party by more than 1.

(c) In the event of death, permanent disability, resignation or failure to perform duties of a Trustee, the Governor shall appoint an interim Trustee to serve the unexpired term of the departing Trustee, or, in the case of the Chairperson, an interim term not to exceed 6 months, unless the Chairperson is confirmed with the advice and consent of the Senate.

(d) For purposes of conducting business of the Foundation, 7 Trustees shall constitute a quorum. A majority vote of members constituting the quorum shall be required for action on any matter before the Foundation. All votes on matters before the Foundation shall be conducted at meetings open to the public, and such meetings shall be timely noticed. Nothing shall prevent the Trustees of the Foundation from meeting at executive sessions which are closed to the public for purposes of discussing Foundation matters.

(e) The Trustees shall not be entitled to compensation for the services they provide to the Foundation; however, each Trustee shall be entitled to reimbursement for actual and necessary expenses incurred to enable the performance of official duties.

(f) No Trustee shall be entitled to vote on any matter before the Foundation if such Trustee knowingly has a financial interest in the outcome of such matter. In the event a Trustee knowingly has a financial interest, such Trustee shall indicate to the Chairperson the nature of the interest and the Chairperson shall note for the record that the Trustee did not vote by reason of conflict of interest. In situations in which a Trustee or Trustees do not vote by reason of conflict of interest, the matter pending before the Foundation shall be decided on the basis of a majority vote of the remaining Trustees present who do not have a conflict of interest. A Trustee or Trustees having a conflict of interest as set forth herein shall be counted for purposes of establishing a quorum provided such Trustee or Trustees are present at the meeting. The fact that a Trustee or Trustees have not voted by reason of conflict of interest shall in no way affect the validity of an act or actions taken regarding the matter before the Foundation.

(g) The Foundation shall continue until its existence shall be terminated by law. Upon termination of the existence of the Foundation, all of its rights, properties and liabilities shall pass to and be assumed by the State.

(h) A Trustee may be removed by the Trustee’s appointing authority at any time for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.

(1) A Trustee is deemed in neglect of duty if the Trustee is absent from 3 consecutive foundation meetings without good cause or attends less than 50% of foundation meetings in a calendar year.

(2) A Trustee who is deemed in neglect of duty is considered to have resigned and, upon appointment of a successor, is no longer a Trustee.
3 Del. C. § 2201 — Delaware Code / Title 3 / Chapter 22 / Subchapter I / Section 2201
§ Â
        2201. Declaration of purpose.
Status: in_force

The purposes of this chapter are:

(1) To regulate those activities involving the generation and application of nutrients in order to help improve and maintain the quality of Delaware’s ground and surface waters and to meet or exceed federally mandated water quality standards, in the interest of the overall public welfare.

(2) To establish a certification program that encourages the implementation of best management practices in the generation, handling or land application of nutrients in Delaware.

(3) To establish a nutrient management planning program.

(4) To formulate a systematic and economically viable nutrient management program that will both maintain agricultural profitability and improve water quality in Delaware.

(5) To regulate the composition and application of nutrients to turf.
3 Del. C. § 1057 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1057
§ Â
        1057. Right of entry.
Status: in_force

The State Forester or the State Forester’s duly authorized representative may enter at reasonable times upon any public or private property for the purpose of determining whether a violation of the provisions of this subchapter or any of the regulations promulgated thereunder exists upon giving verbal notice and after presenting official identification to the landowner, operator, custodian or agent of said property.
3 Del. C. § 3106 — Delaware Code / Title 3 / Chapter 31 / Subchapter I / Section 3106
§ Â
        3106. Sales of milk or cream under fictitious, coined, or trade names.
Status: in_force

No person, by himself or herself or by his or her agents, servants or employees, shall manufacture, sell or exchange or have in possession with intent to sell or exchange any milk, cream or skimmed milk whether or not condensed, evaporated, concentrated, powdered, dried or desiccated to or with which has been added, blended or compounded any fats or oils other than milk fats either under the name of the products or articles or the derivatives thereof if labeled or sold under any fictitious, coined or trade names whatsoever.
3 Del. C. § 1227 — Delaware Code / Title 3 / Chapter 12 / Subchapter V / Section 1227
§ Â
        1227. Seizure.
Status: in_force

(a) Any pesticide or device that is distributed within this State may be liable to seizure and forfeiture by the Department upon application to the Superior Court in and for the county wherein the pesticide in question is located:

(1) In the case of a pesticide, the court shall order forfeiture without compensation:

a. If it is adulterated or misbranded;

b. If it has not been registered under § 1203 or 1204 of this title;

c. If it fails to bear on its label the information required by this chapter; or

d. If it is a white powder pesticide and is not colored as required under this chapter.

(2) In the case of a device, if it is misbranded.

(b) If the pesticide or device is forfeited or condemned, it shall, after entry of decree, be disposed of by destruction or sale as the Department may direct and the proceeds, if such pesticide or device is sold, less legal costs, shall be paid to the General Fund; provided, that the pesticide or device shall not be sold contrary to this chapter; and provided further, that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the Department may direct that said pesticide or device be delivered to the owner thereof for relabeling or reprocessing as the case may be.

(c) When a decree of condemnation or forfeiture is entered against the pesticide or device, Department costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide or device.
3 Del. C. § 801 — Delaware Code / Title 3 / Chapter 8 / Section 801
§ Â
        801. Title.
Status: in_force

This chapter shall be known as the “Delaware Agricultural Production Insurance Assistance Program.”
3 Del. C. § 2113 — Delaware Code / Title 3 / Chapter 21 / Section 2113
§ Â
        2113. Rules and regulations.
Status: in_force

The Secretary may prescribe and enforce such rules and regulations relating to investigational allowances, definitions, records, and the distribution of commercial fertilizers and soil conditioners as may be necessary to carry into effect the full intent and meaning of this chapter. All regulations promulgated pursuant to this chapter shall be published and made available to all citizens.

The Department of Agriculture may adopt any policies and regulations necessary to permit the registration and distribution of plant biostimulants when the use, registration, or distribution of plant biostimulants is permitted by the Association of American Plant Food Control Officials.
3 Del. C. § 1914 — Delaware Code / Title 3 / Chapter 19 / Section 1914
§ Â
        1914. Delegation of duties.
Status: in_force

All authority vested in the Department of Agriculture by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Department of Agriculture as may be designated for such purpose.
3 Del. C. § 2118 — Delaware Code / Title 3 / Chapter 21 / Section 2118
§ Â
        2118. Violations.
Status: in_force

(a) If it shall appear from the examination of any commercial fertilizer or soil conditioner that any of the provisions of this chapter or the rules and published regulations issued thereunder have been violated, the Secretary shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken, and any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the Secretary. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this chapter or rules and regulations issued thereunder have been violated, the Secretary may certify the fact to the Attorney General.

(b) Any person convicted of violating any provision of this chapter or the rules and regulations issued thereunder shall be punished in the discretion of the Superior Court, which shall have exclusive original jurisdiction over offenses under this chapter.

(c) Nothing in this chapter shall be construed as requiring the Secretary or the Secretary’s representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this chapter when the Secretary believes that the public interests will be best served by a suitable notice of warning in writing.

(d) It shall be the duty of the Attorney General to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

(e) The Secretary is hereby authorized to apply for and the Court of Chancery is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter notwithstanding the existence of other remedies at law. Injunctions shall be issued without bond.
3 Del. C. § 10131 — Delaware Code / Title 3 / Chapter 101 / Subchapter II / Section 10131
§ Â
        10131. License to participate in racing.
Status: in_force

(a) The Commission shall have the power to impose license fees for those participating in a racing meet.

(b) The license fees for participants in a racing meet, if imposed by the Commission, shall be payable to the Commission as follows:

(1) $50 for all owners and all trainers.

(2) $30 for all veterinarians, farriers, jockeys, apprentice jockeys, jockey agents and assistant trainers.

(3) $15 for all licensee vendors and vendor employees.

(4) $5 for all stable employees and association employees.

(5) $25 for each stable name.

(6) $25 for each partnership

(7) $50 for each authorized agent.

(c) This section shall be retroactive to January 1, 1996; however, paragraphs (b)(5), (b)(6), and (b)(7) of this section shall be retroactive to January 1, 2000.
3 Del. C. § 1222 — Delaware Code / Title 3 / Chapter 12 / Subchapter III / Section 1222
§ Â
        1222. Appeals.
Status: in_force

Any licensee, permit holder or certified applicator who feels aggrieved by an action of the Department in denying, suspending, modifying or revoking his or her license, permit or certification may take an appeal, within 30 days of such action, to the Superior Court, and after full hearing the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds therefor, shall be served upon the Secretary of the Department.
3 Del. C. § 8005 — Delaware Code / Title 3 / Chapter 80 / Section 8005
§ Â
        8005. Proper facilities required.
Status: in_force

Transferred to § 3005F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 10108 — Delaware Code / Title 3 / Chapter 101 / Subchapter I / Section 10108
§ Â
        10108. Operational expenses; use of revenues; stewards; use of lottery revenues.
Status: in_force

The annual operating budget act shall appropriate ASF revenue to the Thoroughbred Racing Commission for operational expenses. The Commission’s revenues, derived from fees, fines and licenses, shall be used to cover its operational expenditures. The Thoroughbred Racing Commission shall maintain three ASF positions used for stewards. These positions shall be exempt from the classified service as provided in Chapter 59 of Title 29. The compensation for these positions shall be determined by the Thoroughbred Racing Commission. Persons appointed by the Commission to fill these positions shall be eligible for membership in the State Pension Plan, for coverage under the life and health insurance programs for state employees, and for worker’s compensation benefits as state employees, but because of the nature of these positions, they shall not be eligible for annual leave, sick leave or compensatory time. Should revenues be insufficient to cover the operational costs of the Commission, funds may be transferred from state lottery revenues collected under the authority of § 4815 of Title 29 to cover such shortfalls with the concurrence of the Director of the Office of Management and Budget and the Controller General.
3 Del. C. § 2104 — Delaware Code / Title 3 / Chapter 21 / Section 2104
§ Â
        2104. Registration.
Status: in_force

(a) Each brand and grade of commercial fertilizer shall be registered before being distributed in this State. The application for registration shall be submitted to the Department on a form furnished by the Department, and shall be accompanied by a fee of $1.15 per each grade of each brand, except those fertilizers sold in packages of 10 pounds or less shall be registered at a fee of $40 per each grade of each brand. Upon approval by the Department, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:

(1) The net weight;

(2) The brand and grade;

(3) The guaranteed analysis;

(4) The name and address of the registrant.

(b) Each soil conditioner before being distributed in the State will be registered. The application for this registration will include a label or facsimile thereof for said material, and the Department may require proof to substantiate claims made for the material.

(c) Notwithstanding subsections (a) and (b) of this section, a distributor shall not be required to register any commercial fertilizer or soil conditioner which is already registered under this chapter by another person, providing the label does not differ in any respect.

(d) Also, notwithstanding any other provision of this section, a distributor shall not be required to register custom blends of commercial fertilizer or soil conditioner, but shall be required to register the distributor’s firm at a fee of $100 for each individual facility distributing custom blends in the state and to label such fertilizer as provided in § 2105(b) of this title. All registrations expire on December 31 of each year.

(e) All amendments to the terms of registration or application therefor are subject to fees specified in subsection (a) of this section and § 2106 of this title.
3 Del. C. § 7606 — Delaware Code / Title 3 / Chapter 76 / Section 7606
§ Â
        7606. Rules and regulations.
Status: in_force

The Department of Agriculture, after conducting public hearings on any proposed rules or regulations, may make such rules and regulations as it deems advisable to aid in carrying out the purposes of this chapter and relative to the enforcement thereof. These rules may include requirements for recordkeeping by livestock dealers to identify animals and sales for the purpose of tracing animals found to be diseased at a later date.
3 Del. C. § 3505 — Delaware Code / Title 3 / Chapter 35 / Section 3505
§ Â
        3505. Advertising of eggs.
Status: in_force

Advertising of eggs by the roadside, or by newspaper, magazine, handbills, radio, television, window signs, store displays or in any manner, shall include quality and size designations if the price is shown or stated. Such quality and size designations shall be prominent and conspicuous and the advertising shall be in no way deceptive or dishonest.
3 Del. C. § 8701 — Delaware Code / Title 3 / Chapter 87 / Section 8701
§ Â
        8701. Short title.
Status: in_force

This chapter may be cited as the “Meat and Poultry Products Inspection Act.”
3 Del. C. § 8535 — Delaware Code / Title 3 / Chapter 85 / Subchapter III / Section 8535
§ Â
        8535. Patronage refunds.
Status: in_force

After payment of the dividend on the preferred stock, and after making provision from its net earnings for the reserve fund, as provided in this chapter, the remainder of the net earnings of the association, not required for dividends on the common stock, may, in the discretion of the directors, be distributed as a patronage refund. Patron stockholders may be entitled to patronage refunds at double the rate of patronage refunds to which nonstockholder patrons shall be entitled. Patronage refunds may be credited to the accounts of nonstockholders in the purchase of capital stock of the association.
3 Del. C. § 1602 — Delaware Code / Title 3 / Chapter 16 / Subchapter I / Section 1602
§ Â
        1602. Registration and approval.
Status: in_force

(a) All grain moisture testing devices shall be registered with the Department, on forms supplied by the Department. The devices used in the buying of grain shall be required to pass such inspections, at any time, as the Department may determine. Such inspections shall be made at the commercial grain elevator, warehouse, or other grain storage facility. Upon approval, inspected devices shall bear the Department’s seal, permitting their use.

(b) Devices which fail to pass the inspection of the Department shall be immediately removed from service and repaired. The Department shall reinspect and approve the repair of a failed device before it can be returned to service.
3 Del. C. § 3175 — Delaware Code / Title 3 / Chapter 31 / Subchapter VI / Section 3175
§ Â
        3175. Statement of purpose [For application of this section, see 84 Del. Laws, c. 434, Â 4].
Status: in_force

This subchapter establishes the permitting, testing, and inspection requirements applicable to the sale and distribution of fresh milk, raw milk, and products derived from raw milk that are intended for human consumption. Raw milk sold or distributed by a raw milk permit holder in compliance with this subchapter is exempt from the Milk Code.
3 Del. C. § 935 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 935
§ Â
        935. Forestland use protections and benefits.
Status: in_force

(a) Owners of real property located in a forestland preservation area shall be entitled to the same protections provided to the owners of real property in Agricultural Preservation Districts under the provisions of § 910 of this title, and the term “Agricultural Preservation District(s)” as used in § 910 of this title, shall include a forestland preservation area.

(b) Owners of real property located in a forestland preservation area shall be entitled to the same benefits provided to owners of real property located in Agricultural Preservation Districts under the provisions of § 911 of this title, and the term “Agricultural Preservation District(s)”, as used in § 911 of this title, shall include a forestland preservation area.
3 Del. C. § 8502 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8502
§ Â
        8502. Formation of associations; advertisement of intention to apply for charter.
Status: in_force

(a) Cooperative agricultural associations, instituted for the purposes of mutual help, having capital stock, may be formed under the provisions of this chapter by any number of persons, not less than 5, engaged in agriculture.

(b) Notice of an intention to apply for a charter or articles of association shall be inserted in 1 newspaper of general circulation, printed in the county where the principal place of business is situated, for 1 insertion, setting forth briefly the character and purpose of the corporation and the kind of service to be performed by it. The advertisement shall be published at least 3 days before the application is laid before the Secretary of State.
3 Del. C. § 1045 — Delaware Code / Title 3 / Chapter 10 / Subchapter IV / Section 1045
§ Â
        1045. Trees and shrubs of state forests; penalty.
Status: in_force

(a) Notwithstanding any other provision of this title, whoever without the consent of the Department of Agriculture wilfully, negligently or maliciously cuts bark from or cuts down, injures, destroys or removes trees or shrubs or any part thereof growing in a state forest or wilfully, negligently or maliciously does or causes to be done any other act to the damage of such forest shall be fined not more than $1,000 or imprisoned not more than 3 months, or both.

(b) Any constable, police officer, forest officer or state officer may arrest without warrant any person found violating this section.
3 Del. C. § 3176 — Delaware Code / Title 3 / Chapter 31 / Subchapter VI / Section 3176
§ Â
        3176. Definitions [For application of this section, see 84 Del. Laws, c. 434, Â 4].
Status: in_force

For purposes of this subchapter:

(1) “Consumer” means an individual who purchases or acquires fresh milk from a producer, or who purchases or acquires raw milk or a product derived from raw milk from a producer holding a permit issued under § 3178 of this title.

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

(3) “Fresh milk” means milk offered for sale to the public that meets the requirements under § 3177(a) of this title.

(4) “Milk Code” means the State of Delaware Milk Code in 16 DE Admin. Code 4461.

(5) “Permit holder” means a producer holding a raw milk permit issued under § 3178 of this title.

(6) “Producer” means a dairy farmer who files an Internal Revenue Service Schedule F form with the United States Department of Agriculture and who owns or operates a dairy in this State.

(7) “Raw milk” means fresh milk that is unprocessed, unpasteurized, and unhomogenized, and that is derived from a cow, sheep, or goat.
3 Del. C. § 7707 — Delaware Code / Title 3 / Chapter 77 / Section 7707
§ Â
        7707. Enforcement; disposition of civil penalties.
Status: in_force

The Department has the authority for administering and enforcing this chapter and may promulgate regulations to administer and enforce this chapter. The Delaware State Police, local police officers of the community in which the offense took place, and Department of Health and Social Services’ Office of Animal Welfare shall assist the Department, at the request of the Department. All civil penalties imposed for violations of this chapter shall be paid to the Department. Any civil penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this section.
3 Del. C. § 3174 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3174
§ Â
        3174. Distribution of proceeds of bond or collateral.
Status: in_force

The Department of Agriculture shall prescribe the procedure for the payment, out of the proceeds of any bond or collateral required by this subchapter, of the amounts found due to producers or handlers or dealers, based on sales or deliveries of milk by them to a milk dealer or handler who has posted a bond or collateral. If the proceeds of a bond or of collateral which has been posted by a milk dealer or handler shall be insufficient to pay in full the amounts due to producers who have sold or supplied milk to such milk dealer or handler, the moneys available shall be divided pro rata among such producers.
3 Del. C. § 2103 — Delaware Code / Title 3 / Chapter 21 / Section 2103
§ Â
        2103. Definitions of words and terms.
Status: in_force

When used in this chapter:

(1) The term “brand” means a term, design, or trademark used in connection with 1 or several grades of commercial fertilizer.

(2) The term “commercial fertilizer” means any substance containing 1 or more recognized plant nutrient(s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and other products exempted by regulation of the Secretary;

a. A “fertilizer material” is a commercial fertilizer which either:

1. Contains important quantities of no more than 1 of the primary plant nutrients (nitrogen, phosphate and potash), or

2. Has 85% or more of its plant nutrient content present in the form of a single chemical compound, or

3. Is derived from a plant or animal residue or by-product or a natural material deposit which has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration;

b. A “mixed fertilizer” is a commercial fertilizer containing any combination of mixture of fertilizer materials;

c. A “specialty fertilizer” is a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries;

d. A “bulk fertilizer” is a commercial fertilizer distributed in a nonpackaged form.

(3) The term “custom blend” means a fertilizer blended according to specifications provided to a blender in a soil test nutrient recommendation or to meet the specific consumer (end user) request(s) prior to blending.

(4) The term “deficiency” means the amount of nutrient found by analysis less than that guaranteed which may result from a lack of nutrient ingredients or from lack of uniformity.

(5) The term “Department” means State Department of Agriculture.

(6) The term “distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes or blends commercial fertilizer, or soil conditioner, or who offers for sale, sells, barters or otherwise supplies commercial fertilizer or soil conditioner in this State.

(7) The term “grade” means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. Provided, however, that specialty fertilizers may be guaranteed in fractional units of less than 1% of total nitrogen, available phosphate, and soluble potash; provided, further, that fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.

(8) The term “guaranteed analysis” shall mean the minimum percentage of plant nutrients claimed in the following order and form:

a. Total Nitrogen (N) — percent

Available Phosphate (P2O5) — percent

Soluble Potash (K2O) — percent

b. For unacidulated mineral phosphatic materials and basic slag, bone, tankage and other organic phosphate materials, the total phosphate and/or degree of fineness may also be guaranteed;

c. Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the Secretary. The guarantees for such other nutrients shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the Secretary and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the Secretary;

d. Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton, when required by regulation;

(9) The term “investigational allowance” means an allowance for variations inherent in the taking, preparation and analysis of an official sample of fertilizer.

(10) The term “label” means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer or soil conditioner.

(11) The term “labeling” means any advertising, promotional or promotion of any fertilizer or soil conditioner including, but not limited to, all written, printed, graphic or electronic communication used in promoting the sale of such fertilizer or soil conditioner.

(12) The term “official sample” means any sample of commercial fertilizer or soil conditioner taken by the Secretary or the Secretary’s agent and designated as “official” by the Secretary.

(13) The term “open formula” means mixed fertilizer labeled so as to show in addition to requirements of § 2105 of this title the name and grade of materials and the quantity of each used per ton in compounding or mixing.

(14) The term “percent” or “percentage” means the percentage by weight.

(15) The term “person” includes individual, partnership, association, ﬁrm and corporation.

(16) The term “registrant” means the person who registers commercial fertilizer or soil conditioner under this chapter.

(17) The term “Secretary” means the Secretary of the State Department of Agriculture or the Secretary’s duly authorized delegates.

(18) The term “soil conditioner” means any substance or mixture of substances, including any plant biostimulant, imported, manufactured, prepared or sold for manurial soil-enriching or soil-corrective purposes or intended to be used for promoting or stimulating the growth of plants, increasing the productivity of plants, improving the quality of crops, or producing any chemical, biochemical, biological or physical change in the soil, except commercial fertilizer as defined in this chapter, unmanipulated animal and vegetable manures, and agricultural liming materials.

(19) The term “ton” means a net weight of 2,000 pounds avoirdupois.
3 Del. C. § 1207 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1207
§ Â
        1207. Same â Procedure.
Status: in_force

(a) Application for a license shall be made in writing to the Department on a designated form obtained from the Department.

(b) The Department shall require a fee of $50 for an annual license or $100 for a biennial license.

(c) The Department shall issue a license limited to the classifications of pesticide use for which an applicant is qualified. To qualify for a license, the following conditions shall be met:

(1) The applicant must provide evidence that at least 1 applicator in his or her employ is certified to apply pesticides in the classification(s) of pest control for which he or she is applying. At least 1 of these certified applicators must have a minimum of 2 years practical experience under the supervision of a certified applicator. This experience shall have been acquired during the previous 3-year period and shall be related to the license classification at issue.

(2) The applicant files the proper proof of financial responsibility as required under § 1208(a) of this title.

(3) If the applicant is applying for a license to engage in the aerial application of pesticides, he or she shall have met all the requirements of the Federal Aviation Administration and any other applicable federal or state laws or regulations to operate the equipment described in the application.

(d) The Department may limit the license of the applicant to the use of certain pesticides, to certain areas or to certain types of equipment if the applicant is only so qualified. If a license is not issued as applied for, the department shall inform the applicant in writing of the reasons therefor.

(e) If the application for renewal of any license provided for in this chapter is not filed prior to the 1st day of January in any year, a penalty of 20 percent of the yearly fee shall be assessed and added to the renewal fee and shall be paid by the applicant before the renewal license shall be issued.
3 Del. C. § 937 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 937
§ Â
        937. Forestland preservation easement criteria for eligibility and evaluation.
Status: in_force

(a) In order for the Foundation to acquire a forestland preservation easement it shall be required that:

(1) The grantor of the forestland preservation easement has fee simple title to the real property and conveys the easement free and clear of all liens and encumbrances; and

(2) The preservation easement is granted in perpetuity in a form acceptable to the Foundation, and includes the restrictions set forth in § 934 of this title, and such other terms and conditions as specified by the Foundation.

(b) In reviewing applications for the conveyance of forestlands preservation easements the Foundation shall consider the relative cost of acquiring the easement giving due consideration to the extent to which an applicant is willing to discount the sale price below the easement value established by the Foundation.

(c) The Foundation shall approve and announce the purchase price of forestland preservation easements at its regularly scheduled meetings.
3 Del. C. § 1706 — Delaware Code / Title 3 / Chapter 17 / Section 1706
§ Â
        1706. Registration fees.
Status: in_force

(a) An annual registration fee must be paid to the Department, by December 31 each year, for each commercial feed distributed in this State as follows:

(1) For all commercial feed other than pet food, the registration fee is $23 per each product of each brand; provided, however, that the customer-formula feeds are exempt if the annual registration fee is paid on the commercial feeds which they contain.

(2) The annual registration fee for each pet food is as follows:

a. For the year 2023, $50 for each product of each brand.

b. For the year 2024, $75 for each product of each brand.

c. For each year beginning with the year 2025, $100 for each product of each brand.

d. Notwithstanding paragraphs (a)(2)a. through (a)(2)c. of this section, for a pet food manufactured by a nonprofit, the annual registration fee is $23 for each product of each brand.

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

(c) The total of the registration fees collected under paragraph (a)(2) of this section is to be distributed as follows:

(1) $25 from each fee to the General Fund.

(2) The cost of developing and maintaining the technology to implement the requirements of this subsection to the Department of Agriculture.

(3) The remaining balance to the Spay/Neuter Fund created by Chapter 30F of Title 16.

a. The Office of Animal Welfare must prepare an annual report on the use of the fees under this paragraph for the Spay/Neuter Fund.

b. This annual report must be provided to the Secretary of Agriculture, the Secretary of Health and Social Services, the Chair of the Senate Agriculture Committee, the Chair of the Senate Health and Social Services Committee, the Chair of the House of Representatives Agriculture Committee, and the Chair of the House of Representatives Health and Human Development Committee.
3 Del. C. § 8545 — Delaware Code / Title 3 / Chapter 85 / Subchapter IV / Section 8545
§ Â
        8545. Joinder of claims in suits by associations.
Status: in_force

An association may join in a single suit any number of claims for the proceeds of products or commodities, or deductions therefrom, or any other claims arising from the sale, handling or delivery of such products or commodities, which its stockholders or patrons may have against any buyer, regardless of the fact that these claims may arise from the sale of products or commodities of different stockholders or patrons.
3 Del. C. § 3115 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3115
§ Â
        3115. Frequency of testing, holding, retesting and reporting.
Status: in_force

(a) Any person or milk plant or agent thereof in the State or out of the State engaged in the business of buying milk on the basis of percentage of butterfat contained therein shall make a test of the milk at least once every 16 days. The milk purchased from each milk producer shall be represented by a composite sample taken from the entire delivery of each of the several lots purchased from the milk producer and shall cover a period of not more than 16 days. A composite sample shall contain a preservative and it shall contain aliquot parts from each lot of milk collected. The preservative must be capable of keeping the composite sample in suitable condition for testing for a period of at least 30 days. Each composite sample shall be held in an airtight bottle, to be labeled with the name or number of the milk producer.

(b) After the composite samples have been tested, their residues shall be held intact and in a suitable condition for retesting for a period of 15 days.

(c) All milk producers shall be notified within 5 days after the close of the period giving such producer the results of the butterfat test on the composite sample. If the producer desires a retest, such request shall be made directly to the milk plant or through the field man within 24 hours after the receipt of the butterfat test. The retest shall be made immediately and reported to the producer.

(d) The Department of Agriculture may at any time require out-of-state milk plants to deliver 1 or all composite samples to the Department of Agriculture laboratories for retesting purposes. An alternative shall be for the out-of-state milk plant to grant the Department of Agriculture or its agents permission to enter its plant for the purpose of taking samples for rechecking purposes. If the composite sample should in some manner be destroyed during the period and it becomes necessary to use fresh samples as the basis of settlement at least 3 fresh samples shall be taken from 3 separate deliveries of milk.

(e) Reports of all butterfat tests shall be made to the Department of Agriculture at the close of each testing period. If butterfat tests vary more than 0.02% from one testing period to the next testing period, a retest shall be made and reported.

(f) The Secretary of the Department of Agriculture may, by written permission, grant any person or milk plant or agent thereof engaged in the business of buying milk on the basis of percentage of butterfat contained therein the right to use a fresh sample method as approved by the Secretary.
3 Del. C. § 1230 — Delaware Code / Title 3 / Chapter 12 / Subchapter VI / Section 1230
§ Â
        1230. Function.
Status: in_force

The Committee shall advise the Department on any and all problems relating to the sale, use, disposal and storage of pesticides in the State.
3 Del. C. § 7511 — Delaware Code / Title 3 / Chapter 75 / Section 7511
§ Â
        7511. Inspection of queen-rearing apiaries.
Status: in_force

Every person rearing queen bees in the State for gift or sale shall have such person’s queen-rearing apiaries inspected at least once each year by the State Apiarist or inspector and on the discovery of any bee disease, mite infestation, exotic mite or Africanized honey bee such person shall immediately cease to ship bees from such apiaries, until the State Apiarist declares the apiaries apparently free of diseases, mite infestation, exotic mites or Africanized honey bees and issues a certificate to that effect.
3 Del. C. § 10061 — Delaware Code / Title 3 / Chapter 100 / Subchapter IV / Section 10061
§ Â
        10061. Tax enforcement.
Status: in_force

The Director of the Division of Revenue shall enforce the administration of taxes provided for in §§ 10024 and 10056 of this title, or any other applicable section of this chapter.
3 Del. C. § 10044 — Delaware Code / Title 3 / Chapter 100 / Subchapter III / Section 10044
§ Â
        10044. Limitation on compensation that may be paid by licensee.
Status: in_force

No salary, fee or compensation exceeding the sum of $2,000 shall be paid in any calendar year by any person licensed under this chapter, except to officials or employees actively engaged in the operations incident to the holding of the harness racing meet or in the maintenance of the racing plant.
3 Del. C. § 6306 — Delaware Code / Title 3 / Chapter 63 / Section 6306
§ Â
        6306. Vaccination personnel; sanitary requirements.
Status: in_force

(a) No person engaged in performing vaccination work on poultry shall enter into or upon any poultry yard, poultry house or poultry premises to vaccinate any poultry for the diseases commonly called New Castle, chicken pox or laryngotracheitis, unless such person shall wear outer footwear and outer garments and shall use equipment which have been thoroughly cleaned and disinfected as prescribed in this section before entry is made into or upon any such premises.

(b) The outer footwear shall be overshoes or boots of rubber or other material which can be readily cleaned and disinfected, and the outer garments shall be aprons, coveralls, long coats or bibbed overalls and jackets made of rubber or rubberized material which can be readily cleaned and disinfected, or made of a pervious fabric which can be readily laundered. All outer footwear and apparel of rubber or water repellant material must be thoroughly cleaned and disinfected with a suitable disinfectant before entry is made into or upon any such poultry premises; and if the apparel is of a pervious fabric, a freshly laundered outer garment must be worn upon entering any such poultry premises.

(c) All equipment used by any such person for catching or confining poultry or in performing any such vaccination work shall be thoroughly cleaned and disinfected with a suitable disinfectant before any such equipment is brought into or upon the poultry premises.

(d) After completing any vaccination work, all outer footwear, outer garments and equipment shall be thoroughly cleaned and disinfected before the same are removed from the premises.
3 Del. C. § 917 — Delaware Code / Title 3 / Chapter 9 / Subchapter III / Section 917
§ Â
        917. Termination of easement.
Status: in_force

(a) Legislative intent. — It is the intent of the General Assembly that the preservation easements purchased under this subchapter be held by the Foundation for as long as profitable farming is feasible on the land subject to the easement but at a minimum for the period specified hereinafter. A preservation easement may be terminated only in the manner and at the time specified in this section.

(b) Request for review. — At any time after 25 years from the date of acquisition of a preservation easement, the owner may request that the easement be reviewed for possible termination of the easement.

(c) Inquiry and decision. — Upon a request for review of an easement for termination, an inquiry shall be conducted by the Foundation to determine the feasibility of profitable farming on the subject land. The inquiry shall be concluded and a decision reached by the Foundation within 180 days after the request for termination, and shall include:

(1) On-site inspection of the subject land; and

(2) A public hearing conducted by the Foundation within the county containing the subject land after adequate public notice; and

(3) A review of the subject land under the LESA scoring system; and

(4) Approval of termination by the Board of Trustees of the Foundation.

(d) Repurchase by owner. — If the request for termination is approved, an appraisal of the subject land shall be ordered by the Foundation at the expense of the owner requesting termination of the easement. Within a period of 180 days following the appraisal, the owner may repurchase the easement by paying to the Foundation the difference between the fair market value and the agricultural value of the subject land, as determined by the appraisal, but in no event shall the repurchase price be less than the amount paid by the Foundation for acquisition of the preservation easement. In addition, the owner shall also pay to the Fund an amount equal to any tax benefit realized under § 918 of this title. For purposes of this subsection, the term agricultural value shall also mean the price as of the valuation date which a buyer, willing but not obligated to buy, would pay for a farm unit with land comparable in quality and composition to the property being appraised, but located in the nearest location where profitable farming is feasible. For purposes of this paragraph, the term fair market value shall mean the price as of the valuation date which a buyer, willing but not obligated to buy, would pay for the land at its best and most beneficial use under any obtainable development zoning category.

(e) Subsequent request for termination after denial or failure to repurchase. — If the request for termination is denied, or if the owner fails to repurchase the easement within 180 days of the appraisal, the owner may not again request termination of the easement until 5 years after the owner’s last such request.
3 Del. C. § 10164 — Delaware Code / Title 3 / Chapter 101 / Subchapter IV / Section 10164
§ Â
        10164. Rules, regulations and special powers of Commission; subpoenas; contempt; perjury.
Status: in_force

(a) The Commission may:

(1) Require the keeping of books and records by a licensee of a pari-mutuel or totalizator pool in such form or in such manner as the Commission prescribes;

(2) Regulate the duties of any employee of any such licensee; and

(3) 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 pari-mutuel or totalizator pool for the purpose of satisfying itself that the Commission’s rules and regulations are strictly complied with.

(b) The Commission may issue, under the hand of its Chairperson and the seal of the Commission, subpoenas for the attendance of witnesses and the production of books, papers and documents of a licensee before the Commission and may administer oaths or affirmations to the witnesses whenever in the judgment of the Commission it may be necessary for the effectual discharge of its duties.

(c) If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then any Commissioner may apply to the Superior Court of the county in which the Commissioner or the Commission may be 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.

(d) Whoever fails to obey or refuses to obey a subpoena of the Superior Court shall be guilty of contempt of court and shall be punished accordingly.

(e) False swearing on the part of any witness shall be deemed perjury and shall be punished as such.
3 Del. C. § 7603 — Delaware Code / Title 3 / Chapter 76 / Section 7603
§ Â
        7603. License required; fee.
Status: in_force

Any person desiring to engage in the business of a livestock dealer, subject to this chapter, shall obtain a license from the Department. Every application for a license shall be submitted to the Department on forms obtained from the Department with a $25 fee. All fees shall be forwarded to the State Treasurer. The license shall be for the first fiscal year ending June 30, and shall be renewed annually thereafter. A license may be denied at the time of application or revoked if the livestock dealer is found violating any section of this chapter or rules and regulations of the Department.
3 Del. C. § 3513 — Delaware Code / Title 3 / Chapter 35 / Section 3513
§ Â
        3513. Violations and penalties.
Status: in_force

Whoever violates this chapter, or wilfully interferes with the Department of Agriculture or its duly authorized agents in the performance of its or their duties, shall be fined not less than $25 nor more than $100 for every such violation. Justices of the peace shall have jurisdiction over such violation.
3 Del. C. § 1073 — Delaware Code / Title 3 / Chapter 10 / Subchapter VI / Section 1073
§ Â
        1073. Conduct of silvicultural activities.
Status: in_force

If the State Forester or the State Forester’s designee determines that an owner or operator is conducting or allowing the conduct of any silvicultural activity in a manner that is causing or is likely to cause pollution, the State Forester or the State Forester’s designee may advise the owner or operator of corrective measures needed to prevent or cease the pollution. Failure of the State Forester or the State Forester’s designee to advise an owner or operator of such corrective measures shall not impair the State Forester’s authority to issue cease and desist orders.
3 Del. C. § 3101 — Delaware Code / Title 3 / Chapter 31 / Subchapter I / Section 3101
§ Â
        3101. Standard measure for milk or cream; sale by butterfat content.
Status: in_force

No milk, skim milk or cream shall be sold, offered for sale, or demanded from any wholesale or retail seller thereof, at any other standard of measurement than that known as the liquid or wine measure containing 231 cubic inches to the gallon. This section shall not apply to the sale of milk, skim milk or cream by weight or percentage of butterfat.
3 Del. C. § 3134 — Delaware Code / Title 3 / Chapter 31 / Subchapter III / Section 3134
§ Â
        3134. Violations and penalties.
Status: in_force

Whoever violates this subchapter shall be fined not less than $10 nor more than $50, and shall pay the costs of prosecution.
3 Del. C. § 7513 — Delaware Code / Title 3 / Chapter 75 / Section 7513
§ Â
        7513. Importation of queens, combless packages or nucleus colonies.
Status: in_force

(a) A person may not ship or transport into this State any queen bee, combless package of bees or nucleus colony of bees unless it is accompanied by a valid inspection certificate issued by an authorized inspector of the state of origin, stating that the queen bee, combless package bees or nucleus colony is from an apiary apparently free of diseases, mite infestation, exotic mites and Africanized bees.

(b) A person may not ship or transport into the State any queen bee, combless packages or nucleus colony from any state or country that does not have an apiary inspection service.
3 Del. C. § 714 — Delaware Code / Title 3 / Chapter 7 / Section 714
§ Â
        714. Termination of order.
Status: in_force

(a) The Advisory Board shall suspend or terminate a development order whenever it finds, after a public hearing or hearings, that an order is contrary to or does not tend to effectuate the purposes or provisions of this chapter, provided that such suspension or termination shall not become effective until the expiration of the current marketing year. The current marketing year described under this chapter shall be determined by the Board together with the Secretary.

(b) Upon petition of the same number of producers as required to initiate the development order, the Secretary with the advice and consent of the Advisory Board shall within 60 days conduct a referendum to determine whether or not the development order shall be continued. The Secretary shall terminate the order at the end of the current marketing year if a majority of the persons voting in the referendum vote in favor of termination. Such petitions of producers shall include a certification statement that the signatures are those of qualified producers of the commodity involved.
3 Del. C. § 107 — Delaware Code / Title 3 / Chapter 1 / Section 107
§ Â
        107. Lyme disease control.
Status: in_force

The Department must establish a Lyme Disease Intervention Fund, in an amount to be determined by the Joint Finance Committee. The Department must administer the Fund with the goal of reducing the prevalence of Lyme disease, other tick-borne illnesses, and the animals known to carry Lyme disease and other tick-borne illnesses on Delaware state-owned lands in places people are likely to contract the disease. The Department must investigate the most effective, environmentally-sensitive, and innovative options in the use of the Fund. The Department must coordinate with the Division of Public Health and the Department of Natural Resources in carrying out this mission.
3 Del. C. § 3113 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3113
§ Â
        3113. Qualifications and duties of licensed tester; fee; renewal of license.
Status: in_force

For the purpose of this subchapter, a licensed tester is any person who, having furnished satisfactory evidence of good character and having passed a satisfactory examination in milk and cream testing conducted by the Department of Agriculture or its agents, has received a certificate of proficiency from the Department. Each applicant for examination for a certificate shall pay a fee of $3.45 to the Department of Agriculture or its agents. The Department shall issue a certificate of proficiency in the name of the approved applicant and under a serial number. The Department upon receipt of this certificate of proficiency, together with the payment of a fee of $3.45, shall issue a license to the applicant good for 1 calendar year. This license shall be renewed annually without further examination at the discretion of the Department upon the payment of a fee of $3.45. Each certified tester shall post the certified tester’s license in plain view in the testing room in which the certified tester is employed. The Department shall revoke the license for failure to post it as above required or for any other just cause.
3 Del. C. § 1060 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1060
§ Â
        1060. Appeals.
Status: in_force

(a) Any person whose interest is substantially affected by an action of the State Forester or the State Forester’s designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder.

(b) Such hearing shall be scheduled within 15 days of the request and shall be held by the Secretary or the Secretary’s designee. The decision of the Secretary or the Secretary’s designee may be appealed to the Superior Court on the record within 30 days of the decision.

(c) No appeal shall operate to automatically stay any action of the Secretary.
3 Del. C. § 1058 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1058
§ Â
        1058. Cease and desist orders.
Status: in_force

The State Forester shall have the power to issue a cease and desist order to any person violating any provision of this subchapter or rules or regulations promulgated thereunder. Any such cease and desist order shall remain in effect until withdrawal of said order by the State Forester or until the order is superseded by an injunction, whichever occurs first.
3 Del. C. § 7102 — Delaware Code / Title 3 / Chapter 71 / Section 7102
§ Â
        7102. Assistants or agents; supplies; oaths of appraisers; examinations.
Status: in_force

(a) The Department of Agriculture may appoint and employ such assistants and agents, and may purchase such supplies and materials as are necessary in carrying out this chapter and Chapter 73 of this title. The Department and the members thereof may administer oaths or affirmations to the appraisers appointed under § 7107 of this title.

(b) The Department may order and conduct such examinations into the conditions of the livestock of the State in relation to contagious diseases, including the milk and meat supplies of cities, towns, boroughs and villages, as seem necessary, and take proper measures to protect milk and meat supplies from contamination.
3 Del. C. § 701 — Delaware Code / Title 3 / Chapter 7 / Section 701
§ Â
        701. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Agricultural Commodities Development Act.”
3 Del. C. § 947 — Delaware Code / Title 3 / Chapter 9 / Subchapter VI / Section 947
§ Â
        947. Preservation Loan Fund.
Status: in_force

There is hereby established a Preservation Loan Fund to be maintained, operated, supervised and administered by the Foundation, and used for making loan payments and related transaction costs and expenses for the loans provided under this subchapter. Moneys for the Preservation Loan Fund may be derived from specific appropriations provided by the General Assembly, federal grants, county and municipal grants and private funding. The Fund shall be operated as a resolving fund, with moneys paid to the Foundation as repayment of loans or condemnation related compensation deposited in the Fund and used to make additional loans.
3 Del. C. § 2263 — Delaware Code / Title 3 / Chapter 22 / Subchapter IV / Section 2263
§ Â
        2263. Appeals to the Secretary.
Status: in_force

(a) All decisions of the Commission pursuant to this chapter shall be final and conclusive unless within 15 days after notice thereof, the Secretary receives an appeal for a review of any Commission decision. Such appeal shall state the nature of the appeal, the reasons therefor, and the remedy sought. The Secretary may uphold the action of the Commission, remand the decision back to the Commission for further consideration, or repeal the action of the Commission. The Secretary may appoint a hearing officer, who shall hold a hearing pursuant to the Administrative Procedures Act. The Secretary’s decision shall be based solely on the record developed by the Commission at the hearing unless the Secretary finds that additional evidence should be taken. If the Secretary finds that additional evidence should be taken, the Secretary may take the additional evidence or remand the cause to the Commission for completion of the record.

(b) All decisions of the Secretary on appeals brought pursuant to this section shall be final and conclusive unless within 10 days after notice thereof, a party appeals to the Superior Court of the county in which the violation occurred. In every appeal from a decision of the Secretary, the cause shall be decided by the Court on the record without aid of the jury and may affirm, reverse or modify the Secretary’s decision. The findings of fact made below shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may take the additional evidence or remand the cause to the Secretary for completion of the record. If the Court finds that an error of law has been made, the Court shall reverse or modify the Secretary’s decision and render an appropriate judgment.
3 Del. C. § 2244 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2244
§ Â
        2244. Certification;  applications; suspension, modification; revocation.
Status: in_force

(a) The Commission may, after notice and opportunity for a hearing, suspend, revoke, or modify any certificate granted under this chapter or fine any person against whom a complaint has been brought, or both, if the Commission finds the person certified has been found guilty of any violation of this chapter or Commission regulations.

(b) The Commission may impose a fine of not less than $25 nor more than $1,000 for each violation. Each day of continued violation may be considered as a separate violation up to a limit of $10,000.

(c) Any fines collected by the Department of Agriculture under this chapter shall be appropriated to the Department for use in assisting persons in achieving compliance or to demonstrate the application of research that may be of substantial benefit to many individuals seeking compliance with this chapter.

(d) All decisions of the Commission relating to suspension, modification or revocation of a certificate shall be final and conclusive unless the person whose certificate was suspended, modified or revoked appeals according to the provisions of § 2263 of this title.
3 Del. C. § 1906 — Delaware Code / Title 3 / Chapter 19 / Section 1906
§ Â
        1906. Registration.
Status: in_force

Before any person shall sell, offer or expose for sale in this State any agricultural liming material, such person shall for each separately identified product file annually with the Department, on forms supplied by the Department or its authorized agent, an application of registration for each such product setting forth the information required by § 1904 of this title.
3 Del. C. § 8537 — Delaware Code / Title 3 / Chapter 85 / Subchapter III / Section 8537
§ Â
        8537. Revolving reserve fund.
Status: in_force

After payment of the dividend on preferred stock, and after making provision from its net earnings for the reserve fund, as provided in § 8536 of this title, the remainder of the net earnings of the association not required for dividends on the common stock and not distributable as a patronage refund may, at the discretion of the directors, be set up in a revolving reserve fund to be kept on the books of the association in the names of the patrons, according to the volume or value of their patronage. No stockholder or patron shall be entitled to payments from the revolving fund, except as provided by the board of directors, which shall have full and complete control of the expenditure and use of the funds therein, the provisions herein contained being merely authoritative and not mandatory.
3 Del. C. § 8204 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8204
§ Â
        8204. Rabies vaccination required for dogs, cats, and ferrets; antirabies clinics.
Status: in_force

(a) Vaccination of dogs. — (1) Any person owning a dog 6 months of age or older in this State shall have that dog vaccinated against rabies by a licensed veterinarian, or by a licensed veterinary technician working under the indirect supervision of a licensed veterinarian if the dog is in a shelter and is owned by the shelter; exemption from vaccination against rabies may be permitted if a licensed veterinarian has examined the animal and based on the veterinarian’s professional judgment, has certified in writing that at the time, vaccination would endanger the animal’s health because of its infirmity, disability, illness, or other medical considerations and a titer test, in the case of these medical exemptions, may be administered to assist in determining the need for the vaccination. The owner of the dog will receive a copy of the rabies vaccination certificate legibly signed by the licensed veterinarian and the licensed veterinary technician responsible for the administration of the vaccine. The owner of the dog will be responsible for keeping a valid rabies vaccination certificate or exemption certificate in their possession for inspection by an animal control officer, the Department, or the Division, if deemed necessary. Certification that the animal is exempt from vaccination shall be valid for a period of 1 year from the date of the issuance of the certificate of exemption, after which time the animal shall be re-examined by a licensed veterinarian and vaccinated against rabies or a new certificate of exemption shall be issued to the animal’s owner.

(2) Upon request by an animal welfare officer, the Department, or the Division, all owners of kennels, excluding licensed boarding kennels, shall present immediately a valid rabies vaccination certificate or exemption certificate, signed by a licensed veterinarian, for each dog 6 months of age or older owned by the kennel. Kennel owners will be specifically responsible for keeping all vaccination certificates for all dogs owned or kept at their premise until at least 12 months after the effective expiration date of the vaccination or exemption. If a dog is sold or traded, then the valid vaccination certificate or exemption certificate shall be given to the new owner of the dog. If no valid certificate is given to the new owner, the new owner shall have the dog vaccinated and be issued a valid vaccination certificate or examined and be issued an exemption certificate. Certification that the animal is exempt from vaccination shall be valid for a period of 1 year from the date of the issuance of the certificate of exemption, after which time the animal shall be re-examined by a licensed veterinarian and vaccinated against rabies or a new certificate of exemption shall be issued to the animal’s owner.

(b) Vaccination of cats. —

Any person owning a cat 6 months of age or older in this State shall have the cat vaccinated against rabies by a licensed veterinarian, or by a licensed veterinary technician working under the indirect supervision of a licensed veterinarian if the cat is in a shelter and is owned by the shelter; exemption from vaccination against rabies may be permitted if a licensed veterinarian has examined the animal and based on the veterinarian’s professional judgment has certified in writing that at the time, vaccination would endanger the animal’s health because of its infirmity, disability, illness, or other medical considerations and a titer test, in the case of these medical exemptions, may be administered to assist in determining the need for the vaccination. The owner of the cat will receive a copy of the rabies vaccination certificate legibly signed by the licensed veterinarian and the licensed veterinary technician responsible for the administration of the vaccine. The owner of the cat will be responsible for keeping a valid rabies vaccination certificate or exemption certificate in their possession for inspection by an animal welfare officer, the Department, or the Division. Certification that the animal is exempt from vaccination shall be valid for a period of 1 year from the date of the issuance of the certificate of exemption, after which time the animal shall be re-examined by a licensed veterinarian and vaccinated against rabies or a new certificate of exemption shall be issued to the animal’s owner.

(c) Vaccination of ferrets. — Any person owning a ferret 6 months of age or older in this State shall have the ferret vaccinated against rabies by a licensed veterinarian; exemption from vaccination against rabies may be permitted if a licensed veterinarian has examined the animal and based on the veterinarian’s professional judgment has certified in writing that at the time, vaccination would endanger the animal’s health because of its infirmity, disability, illness, or other medical considerations and a titer test, in the case of these medical exemptions, may be administered to assist in determining the need for the vaccination. The owner of the ferret is responsible for keeping a valid rabies vaccination certificate or exemption certificate in that owner’s possession for inspection by an animal welfare officer, the Department, or the Division. Certification that the animal is exempt from vaccination shall be valid for a period of 1 year from the date of the issuance of the certificate of exemption, after which time the animal shall be re-examined by a licensed veterinarian and vaccinated against rabies or a new certificate of exemption shall be issued to the animal’s owner.

(d) Any animal that receives a certificate of exemption under this section must be treated as unvaccinated in case of potential rabies exposure.

(e) Any form necessary to implement this section shall be designed by the Department of Agriculture and made available to licensed veterinarians.

(f) Duties of veterinarian. — (1) Each licensed veterinarian may select a rabies vaccine of their choice and use procedures for administering it consistent with the recommendations of the Veterinary Biologics Division of the U.S. Department of Agriculture which licenses that vaccine.

(2) A rabies vaccination certificate will be promptly issued to the owner of each dog, cat, or ferret vaccinated against rabies. The licensed veterinarian administering the vaccine shall complete the certificate specifying accurately the manufacturer’s specifications of the duration of immunity of the rabies vaccination used and the date the animal shall be revaccinated in accordance with the specific criteria of the Compendium or as mandated by Delaware state law. The licensed veterinarian shall sign the certificate in a legible manner. The certificate shall also include the veterinarian’s address, telephone number, and state license number. Veterinarians shall maintain copies of these certificates for a minimum of 12 months after the effective expiration date of the vaccination.

(g) Public antirabies clinics. — The Compendium will serve as a basis for the procedures and practices used in public antirabies clinics. The Department or the licensed veterinarian selected to administer the vaccine at the public antirabies clinic will be consulted on the specific rabies vaccine or vaccines that shall be used at those clinics. All administrative procedures and personnel, excluding veterinary staffing, will be approved by the State Veterinarian. The responsible organization conducting the public antirabies clinic will be responsible for maintaining copies of these certificates for a minimum of 12 months after the effective expiration date of the vaccination.

(h) Penalty. — Any person who violates any provision of this section shall be fined $25. No penalty imposed by this section shall be suspended.
3 Del. C. § 2406 — Delaware Code / Title 3 / Chapter 24 / Section 2406
§ Â
        2406. Hearing procedure and appeals.
Status: in_force

All hearings which are held to enforce the provisions of this chapter shall be conducted by the Secretary or the Secretary’s designee. The landowner or person who possesses or has use of the land shall have the right to appear personally, and to be represented by counsel, and to provide evidence and witnesses in the landowner’s or person’s own behalf. 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 issue a decision in writing to the landowner or person who possesses or has use of the land within 30 days of the conclusion of the hearing. Any individual who feels aggrieved by an action of the Department as a result of an action resulting from a hearing held under this chapter may take an appeal, within 30 days of such action, to the Superior Court, and after full hearing the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds therefor, shall be served upon the Secretary of the Department.
3 Del. C. § 914 — Delaware Code / Title 3 / Chapter 9 / Subchapter III / Section 914
§ Â
        914. Criteria for eligibility and evaluation.
Status: in_force

(a) In order for the Foundation to acquire an agricultural lands preservation easement it shall be required that:

(1) The grantor of the preservation easement has fee simple title to the real property and conveys the easement free and clear of all liens and encumbrances; and

(2) The preservation easement is granted in perpetuity in a form acceptable to the Foundation and includes the restrictions set forth in § 909 of this title and such other terms and conditions as specified by the Foundation.

(b) In reviewing applications for the conveyance of agricultural lands preservation easements the Foundation shall consider:

(1) The criteria set forth in § 908(b) of this title; and

(2) The relative agricultural value of the lands and potential for conversion to nonagricultural use; and

(3) The relative cost of acquiring the easement giving due consideration to the extent to which an applicant is willing to discount the sale price below the Foundation’s appraised easement value.

(c) The Foundation may adopt, after public hearing, a system for scoring, ranking and prioritizing consideration of applications submitted for the conveyance of agricultural lands preservation easements. Under any system adopted for consideration of applications submitted for the conveyance of agricultural lands preservation easements, the Foundation shall establish by regulation after public hearing means of creating a priority for acquisition of agricultural lands preservation easements in designated areas which are near or adjacent to growth zones, or border in part the growth zones.
3 Del. C. § 9025 — Delaware Code / Title 3 / Chapter 90 / Subchapter II / Section 9025
§ Â
        9025. Request.
Status: in_force

Within the meaning of Article VI(b) or VIII(a) of the compact, a request or application for assistance from the Insurance Fund may be made by the Governor whenever in the Governor’s judgment the conditions qualifying this State for such assistance exist and it would be in the best interest of this State to make such request.
3 Del. C. § 7202 — Delaware Code / Title 3 / Chapter 72 / Section 7202
§ Â
        7202. Permit; rules and regulations; exemptions.
Status: in_force

The Department of Agriculture shall enforce this chapter and may issue a permit where the possession or exhibition of a live wild mammal or hybrid of a wild mammal or live reptile will be in the public interest, and may promulgate rules and regulations for the proper enforcement of this chapter. The Department may designate agencies authorized to conduct animal cruelty enforcement and/or dog control enforcement to enforce the provisions of this chapter. The Department shall receive a fee of $25 for each and every permit issued. Nothing in this chapter shall be deemed to prevent the use of any live wild mammal or hybrid of a wild mammal or live reptile in medical or psychological research or for display in any municipal zoological park or traveling circus after issuance of a permit.
3 Del. C. § 2121 — Delaware Code / Title 3 / Chapter 21 / Section 2121
§ Â
        2121. Exchanges between manufacturers.
Status: in_force

Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or soil conditioners to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer or soil conditioners to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.
3 Del. C. § 8202 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8202
§ Â
        8202. Definitions.
Status: in_force

(a) “Animal” means any species of mammal, not including humans.

(b) “Animal exposed to rabies” means a domestic animal that has been bitten or scratched so that the skin has been broken by a rabid animal or a suspected rabid animal, or that has had contamination of an open scratch or wound, eye or mucous membrane with saliva or other potentially infectious material such as neural tissue. The Department shall be the primary agency to manage such exposures.

(c) “Animal welfare officer” means a person employed by the Department of Health and Social Services or Department of Agriculture or a municipality as an enforcement officer.

(d) “Bite” means any penetration of the skin by the teeth.

(e) “Cat” means Felis catus.

(f) “Compendium” means the most current version of The Compendium of Animal Rabies Prevention and Control prepared by the National Association of State Public Health Veterinarians.

(g) “Control and observation” and “controlled and observed” means that the animal is under the owner’s control and is being observed for clinical signs of infection with rabies virus.

(h) “Department” means the Department of Agriculture, or officially designated agent thereof.

(i) “Division” means the Division of Public Health, or officially designated agent thereof.

(j) “Dog” means Canis familiaris.

(k) “Exotic” means not native to or generally found in Delaware. An exotic animal is ecologically foreign to Delaware.

(l) “Human exposed to rabies” means a human that has been bitten or scratched by a rabid animal or suspected rabid animal, or that has had contamination of an open scratch or wound, eye, or mucous membrane with saliva or other potentially infectious material such as neural tissue. The Division is the primary agency to manage such exposures.

(m) “Kennel” means any place wherein dogs are kept for the purposes of breeding, training, sale, or show.

(n) “Owner” means any person, firm, partnership, association, or corporation keeping, harboring, or with legal responsibility for a cat, dog, or other animal.

(o) “Person” means any individual, business, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

(p) “Rabid animal” means any animal confirmed rabid through laboratory testing.

(q) “Rabies” means, in human and animal, an acute viral disease of the central nervous system, caused by a rhabdovirus, also known as hydrophobia or Lyssa, usually transmitted to humans through the injection of saliva by an animal bite.

(r) “Rabies vector species” means the wild animal species in the state of Delaware that most commonly carry and transmit the rabies virus to other animals, including bat, racoon, skunk fox, groundhog, or feral cat.

(s) “Strict quarantine” means confinement, under restraint by leash, closed gage, or paddock, on the private premises of the owner or at another location specified by the Department or Division, of an animal in such a manner whereby there exists no opportunity for contact with other animals or humans, excepting one person, 18 years of age or older, who cares for that animal.

(t) “Scratch” means a mark or injury caused by the claws or nails of an animal.

(u) “Suspected rabid animal” means a mammal (domestic or wildlife) exhibiting clinical signs of infection with rabies (abnormal behavior with neurologic impairment) and any bat, racoon, skunk, fox, groundhog, or feral cat.
3 Del. C. § 406 — Delaware Code / Title 3 / Chapter 4 / Section 406
§ Â
        406. Authority of the Department.
Status: in_force

(a) The Department, in accordance with the administrative procedures and provisions set forth in Chapter 101 of Title 29, shall have the authority to promulgate regulations, which shall have the force and effect of law, to enhance and control closed system aquaculture in this State.

(b) Any authorized employee of the Department, after determining there is probable cause that there has been a violation of this chapter or any regulation promulgated by the Department, may do the following without obtaining a warrant beforehand:

(1) Search, examine and/or inspect any vehicle or conveyance in which cultured aquatic stock may be present for the purpose of determining compliance with Chapter 4 of this title or any regulation promulgated by the Department;

(2) Detain any person and/or person’s vehicle for a reasonable length of time to conduct any search, examination and/or inspection thereof for the purpose of determining compliance with Chapter 4 of this title; and

(3) Inspect, search and/or examine any registered aquaculture facility in the presence of any occupant of said facility to determine compliance with Chapter 4 of this title or any regulation promulgated by the Department.
3 Del. C. § 3144 — Delaware Code / Title 3 / Chapter 31 / Subchapter IV / Section 3144
§ Â
        3144. Confiscation by owner of unlawfully used containers.
Status: in_force

The owner or proprietor, or his or her or its agent or agents, may take possession of any bottles, boxes, tins, cans, or other receptacles or containers, used in violation of this subchapter, whether the receptacles or containers be full or partly full of any liquid, beverage or other substance, or empty, and shall not be liable in damages therefor, or for any trespass arising out of taking possession. Should the party or parties having possession of the receptacles or containers refuse to empty the same of the contents contained therein immediately, upon notice and demand by the owner or proprietor, or his or her or its agent or agents, then the owner, proprietor or agent may empty the receptacles or containers and shall not be liable therefor.
3 Del. C. § 2111 — Delaware Code / Title 3 / Chapter 21 / Section 2111
§ Â
        2111. Adulteration.
Status: in_force

No person shall distribute an adulterated fertilizer product or soil conditioner. A commercial fertilizer or soil conditioner shall be deemed to be adulterated:

(1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use which may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown upon the label;

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

(3) If it contains unwanted crop seed or weed seed.
3 Del. C. § 10022 — Delaware Code / Title 3 / Chapter 100 / Subchapter II / Section 10022
§ Â
        10022. License as required.
Status: in_force

Any person desiring to conduct a harness horse racing meet within the State during any calendar year shall first obtain a license to do so from the Commission.
3 Del. C. § 1705 — Delaware Code / Title 3 / Chapter 17 / Section 1705
§ Â
        1705. Labeling.
Status: repealed

(a) Any commercial feed distributed in this State shall be accompanied by a legible label bearing the following information:

(1) The quantity statement;

(2) The product name and brand name, if any, under which the commercial feed is distributed;

(3) The guaranteed analysis of the commercial feed, listing the minimum percentage of crude protein, minimum percentage of crude fat, and maximum percentage of crude fiber. For all mineral feeds and for those commercial feeds containing a level of added mineral ingredients established by regulation, the list shall include the following, if added: Minimum and maximum percentages of calcium (Ca), minimum percentage of phosphorus (P), minimum percentage of iodine (I), and minimum percentage of salt (NaCl). Other substances or elements, determinable by laboratory methods, may be guaranteed by permission of the Department. When any items are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the Department. The Department may by regulation designate certain commercial feeds which need not be labeled to show guarantees for crude protein, crude fat, and crude fiber;

(4) The common or usual name of each ingredient used in the manufacture of the commercial feed, except as the Department may, by regulation, permit the use of a collective term for a group of ingredients all of which perform the same function. An ingredient statement is not required for single standardized ingredient feeds which are officially defined;

(5) The name and principal mailing address of the manufacturer or person responsible for distributing the commercial feed;

(6) If a drug containing product is used, the label, invoice, delivery slip, or other shipping document must contain the following:

a. Directions for safe and effective use;

b. The purpose of the medication (claim statement); and

c. The established name of each active drug ingredient and the level of each drug used in the final mixture.

(b) When a commercial feed is distributed in this State in bags or other containers, the label shall be placed on or affixed to the container; when a commercial feed is distributed in bulk, the label shall accompany delivery and be furnished to the purchaser at the time of delivery.

(c) A customer-formula feed shall be accompanied by an invoice, label, delivery slip, or other shipping document bearing the following information:

(1) Name and address of the mixer;

(2) Name and address of the purchaser;

(3) Date of sale;

(4) The product name and brand name, if any, and number of pounds of each registered commercial feed used in the mixture and the name and number of pounds of each other feed ingredient added;

(5) If a drug containing product is used:

a. Directions for safe and effective use;

b. The purpose of the medication (claim statement);

c. The established name of each active drug ingredient and the level of each drug used in the final mixture.

(d) [Repealed.]
3 Del. C. § 2605 — Delaware Code / Title 3 / Chapter 26 / Section 2605
§ Â
        2605. Restrictions on use of timber.
Status: in_force

The owner of any land listed under this chapter may fell and use any dead or injured timber and also cut and remove any live trees when such have been marked for removal with the approval and under the supervision of the Department of Agriculture.
3 Del. C. § 10009 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10009
§ Â
        10009. Operational expenses; use of revenues; commission positions; use of lottery revenues.
Status: in_force

The annual operating budget act shall appropriate ASF revenue to the Harness Racing Commission for operational expenses. The Commission’s revenues, derived from fees, fines and licenses, shall be used to cover its respective operational expenditures. The Harness Racing Commission shall maintain three positions used for the State Steward, the Presiding Judge and one Associate Judge. These positions shall be exempt from the classified service as provided in Chapter 59 of Title 29. The compensation for these positions shall be determined by the Harness Racing Commission. Persons appointed by the Commission to fill these positions shall be eligible for membership in the State Pension Plan, for coverage under the life and health insurance programs for State employees, and for worker’s compensation benefits as State employees, but, because of the nature of these positions, they shall not be eligible for annual leave, sick leave or compensatory time. Should revenues be insufficient to cover the operational costs of the Commission, funds may be transferred from state lottery revenues collected under the authority of § 4815 of Title 29 to cover such shortfalls with the concurrence of the Director of the Office of Management and Budget and the Controller General.
3 Del. C. § 1505 — Delaware Code / Title 3 / Chapter 15 / Section 1505
§ Â
        1505. Records.
Status: in_force

(a) Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this chapter shall keep all of the following:

(1) Complete records of each lot handled, for 2 years.

(2) A file sample of each lot of seed after final disposition of the lot for 1 year.

(b) All records and samples pertaining to the shipment of seeds under subsection (a) of this section must be accessible for inspection by the Department during customary business hours.
3 Del. C. § 1205 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1205
§ Â
        1205. Revocation or suspension of registration.
Status: in_force

(a) The Department may, after due notice, including notice to the registrant and opportunity for a hearing, revoke the registration of a pesticide registered pursuant to this chapter if the pesticide or its labeling does not comply with the requirements of this chapter or the regulations promulgated by the Department, or to prevent unreasonable adverse effects on the environment. A person affected by such revocation 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.

(b) The Department may suspend the registration of any pesticide pending the completion of revocation proceedings if the continued use of a pesticide during the time required for revocation proceedings would be likely to result in unreasonable adverse effects on the environment. A revocation order shall be issued with the suspension order so that the hearing procedure may be initiated as provided in cases of revocation of registration. If no request for a hearing is made within 30 days of the suspension order, the revocation order will be effective and the registration is revoked.
3 Del. C. § 10006 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10006
§ Â
        10006. Office, meetings and quorum.
Status: in_force

The Commission shall establish and maintain offices at such places within this State and shall meet at least monthly during the period when any association is conducting a harness horse racing meet and at such other times as it deems necessary. A majority of the Commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty and for the exercise of any power of the Commission.
3 Del. C. § 1053 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1053
§ Â
        1053. Conservation or reforestation plan required; applicability; regulations.
Status: reserved

(a) No person shall commence a cutting operation unless seed trees have been reserved pursuant to the natural regeneration method set forth herein or pursuant to an alternate management plan approved by the State Forester or the State Forester’s designee.

(b) This subchapter shall not apply to operations cutting timber from land being cleared for reservoirs, military installations, agriculture, residential, ditch and utility right-of-ways, industrial sites, or railroads, or to cutting operations undertaken pursuant to a contract executed prior to January 1, 1989.

(c) The Department of Agriculture shall have the authority to adopt, amend, modify or repeal such rules and regulations as it deems necessary to effectuate the policies and the purposes of this subchapter.
3 Del. C. § 1022 — Delaware Code / Title 3 / Chapter 10 / Subchapter II / Section 1022
§ Â
        1022. General powers and duties; powers and duties within assigned district; duties of owners and lessees.
Status: in_force

(a) State forest officers shall have police powers similar to constables and other police officers throughout the State for the serving of warrants, summons, writs and other legal papers issued by any justice of the peace or court having jurisdiction in offenses against any law enacted for the protection of forest, brush, grass or wild lands, and they may arrest any person detected by them in the act of committing, or under such circumstances as warrant reasonable suspicion that such person is committing, or is about to commit an offense against any of the laws enacted for the protection of forest, brush, grass or wild lands in this State or any law, rule or regulation relating to the protection of any land, property, structure material or vegetation on lands under the administration or control of the Department. A state forest officer shall also have the power to make arrests of persons violating § 518 of Title 17 in the officer’s presence or view or otherwise upon the issuance of an arrest warrant based on a showing of probable cause that the individual named in the warrant committed the violation.

(b) In addition to the powers and duties assigned in subsection (a) of this section, each state forest officer may, in any part of the State:

(1) Enter upon any land at any time for the purpose of performing duties in accordance with this title, and no action for trespass shall lie against a state forest officer or others employed by the officer while working under the officer’s direction if in entering a property, they shall exercise due care to avoid doing unnecessary damage; and

(2) Arrest on sight, without first procuring a warrant, any person detected in the act of committing an offense against any of the laws enacted for the protection of forest, brush or wild lands from fire, or when the officer has a reasonable cause to suspect that such person is committing or is about to commit some such offense, and upon such arrest to take the accused before a justice of the peace of the county for hearing and trial.

(c) Each state forest officer shall have the control and direction of persons, material, equipment and property engaged in extinguishing forest fires within the district assigned to such officer, and such officer shall, upon discovering a fire on or approaching woodlands, forest or wild lands, or upon receiving report of such a fire has been reported to such officer take immediately such measures as are necessary to control and extinguish the same;

(d) Nothing in this title shall be construed so as to relieve the owner or lessee of lands upon which fires burn or are started from the duty of extinguishing such fires so far as it lies within the owner’s or lessee’s power, and no owner or lessee of land or anyone with a present vested interest in such land shall receive compensation from the State for helping or assisting in the extinguishment of fires upon the lands to which the owner’s or lessee’s interest is attached. No person who is responsible for starting a fire shall receive compensation for helping to extinguish such fire.
3 Del. C. § 8707 — Delaware Code / Title 3 / Chapter 87 / Section 8707
§ Â
        8707. Powers of Secretary.
Status: in_force

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

(1) By regulations require antemortem and postmortem inspections, quarantine, segregation and reinspection with respect to the slaughter of livestock and poultry and the preparation of livestock products and poultry products at all establishments in this State, except those exempted by the Secretary under § 8708(13) of this title, at which livestock or poultry are slaughtered or livestock products or poultry products are prepared for human food solely for distribution in intrastate commerce;

(2) By regulations require the identification of livestock and poultry for inspection purposes and the marking and labeling of livestock products or poultry products or their containers, or both, as “Delaware Inspected and Passed” if the products are found upon inspection to be not adulterated and as “Delaware Inspected and Condemned” if they are found upon inspection to be adulterated, and the destruction for food purposes of all such condemned products under the supervision of an inspector;

(3) Prohibit the entry into official establishments of livestock products and poultry products not prepared under federal inspection or inspection pursuant to this chapter and further limit the entry of such articles and other materials into such establishments under such conditions as the Secretary deems necessary to effectuate the purposes of this chapter;

(4) By regulations require that when livestock products and poultry products leave official establishments they shall bear directly thereon or on their containers, or both, as the Secretary may require, all information required under § 8703(16) of this title, and require approval of all labeling and containers to be used for such products when sold or transported in intrastate commerce to assure that they comply with the requirements of this chapter;

(5) Investigate the sanitary conditions of each establishment within subdivision (1) of this section and withdraw or otherwise refuse to provide inspection service at any such establishment where the sanitary conditions are such as to render adulterated any livestock products or poultry products prepared or handled thereat;

(6) Prescribe sanitation regulations relating to sanitation for all establishments required to be inspected under subdivision (1) of this section;

(7) By regulations require that the following classes of persons keep such records and for such periods as are specified in the regulations to fully and correctly disclose all transactions involved in their business, and afford to the Secretary and the Secretary’s representatives (including representatives of other governmental agencies designated by the Secretary) access to such places of business, and opportunity, at all reasonable times, to examine the facilities, inventory and records thereof, to copy the records, and to take reasonable samples of the inventory upon payment of the fair market value therefor; any persons that engage in or for intrastate commerce (a) in the business of slaughtering any livestock or poultry, or preparing, freezing, packaging or labeling, buying or selling (as brokers, wholesalers or otherwise), transporting, or storing any livestock products or poultry products for human or animal food; or (b) in business as renderers or in the business of buying, selling or transporting any dead, dying, disabled or diseased livestock or poultry or parts of the carcasses of any such animals (including poultry) that died otherwise than by slaughter.
3 Del. C. § 3122 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3122
§ Â
        3122. Payment of fines and other money; disposition.
Status: in_force

All fines and penalties received for violations of this subchapter and all moneys received in compliance with this subchapter shall be paid to the Department of Agriculture or its agents and shall thereafter be paid into the State Treasury for the use of the State.
3 Del. C. § 8515 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8515
§ Â
        8515. Registered office in State; principal office or place of business in State.
Status: in_force

(a) Every association created under this chapter shall have and maintain in this State a registered office which may, but need not be, the same as its place of business.

(b) Whenever the term “principal place, where its business is to be transacted,” “principal place of business” or “principal office” is or has been used in the articles of association of a cooperative agricultural association, or in any other document, or in any statute, it shall be deemed to mean and refer to, unless the context indicates otherwise, the association’s registered office required under § 8503(a)(3) of this title; and it shall not be necessary for any association to amend its articles of association or any other documents to comply with this section.
3 Del. C. § 1051 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1051
§ Â
        1051. Findings; policy; purpose.
Status: in_force

The General Assembly finds and declares that the pine and yellow-poplar forest resource of the State provides significant recreational, aesthetic, wildlife and environmental benefits as well as wood fiber essential to commerce and industry for the citizens of the State. The General Assembly has also determined that the pine and hardwood forest resources are being harvested at a greater rate than they are being replanted or reproduced and unless measures are instituted to ensure that the forest resources are sustained, this natural resource will be depleted to the detriment of the citizens of the State. It is, therefore, the declared public policy of this State to preserve and protect the pine and yellow-poplar forest resources of the State. The purpose of this subchapter is to regulate the maintenance and reproduction of the pine and yellow-poplar forest resources of the State in the public interest.
3 Del. C. § 3172 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3172
§ Â
        3172. Suit upon bond.
Status: in_force

The Department of Agriculture may sue on the bond on behalf of producers. Suit may be brought in the name of the State upon relation of the Department of Agriculture or of the Attorney General, in such manner as debts are by law recoverable.
3 Del. C. § 1044 — Delaware Code / Title 3 / Chapter 10 / Subchapter IV / Section 1044
§ Â
        1044. Obstructing person in performance of duty; penalty.
Status: in_force

Whoever obstructs or prevents or attempts to obstruct or prevent any forest officer or ex officio forest officer or any person employed under the direction of the above-mentioned officers while in the performance of a duty assigned to such officer or required by Chapter 10, 26 or 91 of this title, or while exercising the right of entry, access or examination, shall be fined not less than $100, nor more than $500.
3 Del. C. § 8552 — Delaware Code / Title 3 / Chapter 85 / Subchapter V / Section 8552
§ Â
        8552. Penalties; civil liabilities; injunctions.
Status: in_force

Whoever violates this chapter shall be fined not more than $300, or imprisoned for not more than 6 months, or both, and shall be liable to the association aggrieved in a civil action in the penal sum of $100 for each such offense. The association shall be entitled to an injunction against such violator to prevent continuation of such conduct.
3 Del. C. § 8003 — Delaware Code / Title 3 / Chapter 80 / Section 8003
§ Â
        8003. Animal adoption, recovery, and rehabilitation.
Status: in_force

Transferred to § 3003F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 1204 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1204
§ Â
        1204. Registration of pesticides which do not have E.P.A. registration for intended use.
Status: in_force

(a) This section shall become effective upon certification of the State by the Administrator of E.P.A. pursuant to § 24(c) of FIFRA [7 U.S.C. § 136v].

(b) Every pesticide which does not have E.P.A. registration for the use intended and which is formulated for distribution and use within this State shall be duly registered with the Department in accordance with this section.

(c) Any application for the registration of a pesticide under this section shall be filed with the Department and include the information set forth pursuant to the regulations adopted under § 1203 of this title. The Department may register such pesticide if it determines that:

(1) Its composition is such as to warrant the proposed claim for it;

(2) Its labeling and other material required to be submitted comply with the requirements of this chapter;

(3) It will perform its intended function without unreasonable adverse effects on the environment;

(4) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects upon the environment;

(5) The classification for general or restricted use is in conformity with § 3(d) of FIFRA [7 U.S.C. § 136a(d)]; and provided, that the Department shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where 2 pesticides meet the requirements of this paragraph, 1 should not be registered in preference to the other; or

(6) Special local needs exist.
3 Del. C. § 10023 — Delaware Code / Title 3 / Chapter 100 / Subchapter II / Section 10023
§ Â
        10023. Application; rejection; award of dates and maximum racing days; qualifications for license.
Status: in_force

(a) The application for a license to conduct a harness horse race meet shall be filed with the Commission on or before the 31st day of December of the year preceding that for which the license is requested but the Commission may, for a good cause, permit an application to be filed at a later date. The application shall specify the days on which harness horse racing is desired to be conducted 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 grandstand on the land where the meet is to be conducted as the Commission prescribes, provided, however, that it shall not be necessary for the applicant to submit blueprints and specifications with the application if the race meet for which a license is requested is to be conducted at a track for which the Commission granted a license for the preceding year.

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 harness horse racing under this chapter shall be subject to the inspection of the Commission, which may order such engineering examination as the Commission deems necessary at the expense of the applicant, and may employ such inspectors as the Commission considers necessary for that purpose.

In the event that an application is made for racing dates in Sussex County in compliance with subsection (c) of this section, it shall not be necessary for the applicant to submit blueprints and specifications with the application if the applicant plans to assign those dates applied for to another county.

(b) 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, on or before the 15th of September of the year preceding that for which a license is desired, award all dates for harness horse racing in this State for the succeeding year; but the dates so awarded shall not exceed 340 days for any 1 licensee, but may exceed more than 340 days in the aggregate for all licensees. To the extent a licensee under this chapter conducts harness horse races during a given year, it shall, at a minimum, subject to the availability of racing stock, conduct live harness horse races on the same number of days as the licensee conducted live harness horse races between September 1, 1991, and April 1, 1992. The Commission may authorize any person, corporation or association licensed under this chapter to transfer all or a portion of the racing dates awarded to such licensee under this section to the track of any other person, corporation or association licensed under this chapter to conduct racing in this State; provided, that each licensee in Kent County which has requested and been awarded racing dates in any calendar year shall conduct a minimum of 8 weeks of racing at the track of such licensee during such year. Each licensee upon request shall be guaranteed a minimum of 8 weeks of racing. In awarding such racing dates, the Commission shall observe previous traditional seasons. There shall be no racing between the Saturday before and the Saturday after Christmas, unless Christmas falls on a Saturday or Sunday, in which case there shall be no racing between the Monday before Christmas, and the Monday after Christmas. The decision of the Commission regarding racing dates, including concurrent racing dates, shall be final. In addition, 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 harness horse races.

(d) The Commission may meet subsequently to the 15th day of January of each year and award dates for harness horse racing within the limits provided in this section on application submitted to it, provided that the days so awarded in no way conflict with this chapter.

(e) No license to conduct harness racing under this section shall be granted except to a private stock corporation formed and existing under the laws of the State for the purpose of conducting harness racing and businesses incident thereto, in compliance with the following conditions and requirements:

(1) Before a license shall be issued under the provisions of this chapter, the applicant shall file with the Commission, in addition to other requirements of this chapter, the names, addresses and terms of office of its directors and officers and at such other time or times thereafter as they may be changed, the names and addresses of such directors and officers, a copy of the certificate of incorporation duly certified by the Secretary of State and a copy of its bylaws. Such applicant shall file with the Commission a copy of any amendment to its certificate of incorporation, duly certified as aforesaid, within 10 days after the effective date of any such amendment;

(2) The board of directors of the applicant shall not be less than 5 in number;

(3) The applicant shall have no other office except in the State;

(4) Every applicant for a license shall file with the Commission at the time of application for a license a statement of its resources and liabilities. The Commission shall have access at all times to the books, records and accounts of the licensee;

(5) No license shall be issued unless a majority of the board of directors and officers shall be bona fide residents of the State.
3 Del. C. § 1704 — Delaware Code / Title 3 / Chapter 17 / Section 1704
§ Â
        1704. Registration.
Status: in_force

(a) Each commercial feed, such as animal food, pet food, specialty pet food, supplements, or medicated feed shall be registered before being distributed in this State; provided, however, that customer-formula feeds are exempt from registration. The application for registration shall be submitted on forms furnished by the Department, and shall also be accompanied by a label or other printed matter describing the product. Upon approval by the Department, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the information required by § 1705(a)(2), (3), (4), and (5) of this title. The Department may permit on the registration the alternative listing of ingredients of comparable feeding value, provided that the label for each package shall state the specific ingredients which are in such package.

(b) A distributor shall not be required to register any commercial feed product which is already registered under this chapter by another person, provided that the label does not differ in any respect.

(c) Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted provided there is satisfactory evidence that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed.

(d) The Department may refuse registration of any application not in compliance with this chapter and may cancel any registration subsequently found not to be in compliance with any provision of this chapter; provided, however, that no registration shall be refused or cancelled until the registrant shall have been given the opportunity to be heard before the Department and to amend the registrant’s application in order to comply with the requirements of this chapter.
3 Del. C. § 2507 — Delaware Code / Title 3 / Chapter 25 / Section 2507
§ Â
        2507. Fees collected.
Status: in_force

All sums received by the Department for license fees and renewals shall be paid into the State Treasury to the credit of the General Fund.
3 Del. C. § 705 — Delaware Code / Title 3 / Chapter 7 / Section 705
§ Â
        705. Same â Meetings; quorum.
Status: in_force

Subject to the requirements of this chapter, the Advisory Board shall meet at such time and place as it may determine or upon call of the chairperson or of any 3 members of the Board. A majority of the voting members of the Board shall constitute a quorum for the transaction of all business in carrying out the duties of the Board.
3 Del. C. § 1712 — Delaware Code / Title 3 / Chapter 17 / Section 1712
§ Â
        1712. Penalties.
Status: in_force

(a) Any person convicted of violating any of the provisions of this chapter or any regulations hereunder or the rules and regulations issued thereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the Department or its duly authorized agent in performing duties prescribed by this chapter or regulations issued hereunder, shall be fined not more than $250 for the first violation, and not less than $500 for each subsequent violation. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the Department shall be accepted as prima facie evidence of the composition.

(b) Nothing in this chapter shall be construed as requiring the Department or its representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this chapter where the public interest will be best served by a suitable notice of warning in writing.

(c) When any violation of this chapter is reported to the Attorney General, the Attorney General shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the Department reports a violation for prosecution, an opportunity shall be given the distributor to present the distributor’s views to the Department.

(d) The Department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule or regulation promulgated thereunder notwithstanding the existence of other remedies at law. Any injunction shall be issued without bond.

(e) Any person adversely affected by an act, order or ruling made pursuant to this chapter may within 45 days thereafter, bring an action in the Superior Court in the county where the enforcement official has such official’s office, for a new trial of the issues bearing upon such chapter, order or ruling, and upon such trial the Court may issue and enforce such orders, judgments or decrees as the Court may deem proper, just and equitable.
3 Del. C. § 3116 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3116
§ Â
        3116. Percentage of fat used as basis of payment.
Status: in_force

No percentage of fat ascertained from a sample containing milk or cream that has been so treated as to cause it to test lower or higher than the test of the milk or cream from which it was taken shall be used as a basis of payment for milk or cream purchased or sold.
3 Del. C. § 7305 — Delaware Code / Title 3 / Chapter 73 / Subchapter I / Section 7305
§ Â
        7305. Sale of animals with pleuro-pneumonia; penalties.
Status: in_force

Whoever sells or disposes of any animal or animals, known to be infected with pleuro-pneumonia, or known to have been exposed thereto within 1 year prior to the sale or disposal, without due notice to the purchaser that the disease exists in the animals, or that they have been exposed thereto, shall be fined not more than $500 or imprisoned not more than 1 year.
3 Del. C. § 8207 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8207
§ Â
        8207. Disposition of animals exposed to rabies.
Status: in_force

(a) Postexposure management of animals exposed to rabies must follow the guidelines set forth in the Compendium. —

The Department may make inspections as is deemed necessary to assure that the animal is properly controlled and observed or strictly quarantined, issue appropriate quarantine orders, and release the quarantine after the designated period. All costs relating to strict quarantine shall be borne by the owner of the animal. In instances where strict quarantine orders are violated, the owner shall implement alternative quarantine arrangements in consultation with the Department. Any person who violates any provision of this subsection shall be fined not less than $100 nor more than $200.

(b) Reports of suspected rabies exposures to vaccinated dogs, cats, and ferrets by vaccinated dogs, cats, and ferrets. —

A report of suspected rabies exposure to a vaccinated dog, cat, or ferret does not require control and observation when the owner of the animal suspected of being exposed can provide proof of current rabies vaccination for the aggressor dog, cat, or ferret to the Department and attest to the truthfulness of the identity of the aggressor and documentation of the aggressor’s vaccination status.

(c) Release of quarantine following suspected rabies exposure to dogs, cats, and ferrets by dogs, cats, or ferrets. —

In the event that the owner of the animal suspected of being exposed to rabies can attest to the Department that the biting animal is alive and not displaying clinical signs of rabies at 10 days following the date of suspected exposure, the quarantine for the bitten animal can be released.

(d) Vaccinated within 28 days of exposure. —

A dog, cat, or ferret that has received its initial vaccination against rabies within 28 days prior to the exposure or suspected exposure is considered unvaccinated for the purposes of quarantining the animal pursuant to this chapter, but not for the purpose of meeting the rabies vaccination requirement included in this chapter.

(e) Reporting of conditions of quarantine. —

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

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

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

(f) Disposition during quarantine. —

A dog, cat, or ferret under strict quarantine may not be moved from the place of quarantine, destroyed, given away, or otherwise disposed of without the written permission of the Department. Any person failing to comply with the provisions of this subsection shall be fined not less than $50 nor more than $200.

(g) Surrender of dogs, cats, or ferrets for quarantine. —

A person may not fail or refuse to surrender any dog, cat, or ferret for control and observation, strict quarantine, or destruction as required in this section when demand is made by written order of the Department or Division.
3 Del. C. § 10128 — Delaware Code / Title 3 / Chapter 101 / Subchapter II / Section 10128
§ Â
        10128. Rules, regulations and special powers of Commission.
Status: in_force

(a) The Commission may make rules governing, restricting or regulating the rate or charge by a licensee for admission or for the performance of any service or the sale of any article on the premises of a licensee.

(b) (1) The Commission may use the services of the Thoroughbred Racing Protection Bureau and county, state or federal law-enforcement agencies. An individual making application for a license to participate in or be employed at a meet held by a licensee shall be fingerprinted by the Commissioner or the Commissioner’s designee for purposes of a criminal history record check.

(2) Any individual making application for a license to participate in or be employed at a meet held by a licensee shall submit, to the State Bureau of Identification fingerprints and other necessary information to the State Bureau of Identification in order to obtain all of the following:

a. A report of the person’s entire criminal history record from the State Bureau of Identification, or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that person.

b. A report of the person’s entire federal criminal history from the Federal Bureau of Investigation pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. §534) or a statement that the Federal Bureau of Investigation’s records contain no such information relating to that person. The State Bureau of Identification shall be the intermediary for purposes of this section and the Commission shall be the screening point for the receipt of said federal criminal history reports required. The State Bureau of Identification shall forward all information obtained under this subsection to the Commission.

(3) A person required to obtain criminal history reports under this subsection is responsible for any costs associated with obtaining the fingerprinting and the criminal history reports.

(c) The Commission may authorize a licensee to appoint, subject to the approval and control of the Commission: (1) Racing officials; (2) chemists; (3) accountants; (4) engineers; (5) stewards; and (6) veterinarians; and grant licenses to all participants in the racing meet.

(d) No Commissioner, racing official, steward or judge whose duty is to insure that the rules and regulations of the Commission are complied with shall bet on the outcome of any race regulated by the Commission, have any financial or primary interest in the outcome of any race regulated by the Commission, or have any financial interest in a thoroughbred and/or Arabian horse race track or in the operation of any such track within this State.

(e) All proposed extensions, additions or improvements to the buildings, stables or improvements on tracks or property owned or leased by a licensee under this chapter shall be subject to the approval of the Commission.

(f) The Commission may compel the production of any and all books, memoranda or documents showing the receipts and disbursements of any person licensed under the provisions of this chapter to conduct racing meets.

(g) The Commission may at any time require the removal of any employee or official employed by any licensee hereunder.

(h) (1) The Commission may require that the books, records and financial or other statements of any person licensed under the provisions of this chapter shall be kept in such form or in such manner as the Commission prescribes.

(2) The Commission may visit, investigate and place expert accountants and such other persons as it deems necessary in the offices, tracks or places of business of any such person for the purpose of satisfying itself that the Commission’s rules and regulations are strictly complied with. The salaries and expenses of such expert accountants or other persons shall be paid by the person to whom they are assigned.

(i) The Commission may issue, under the hand of its Chairman and the seal of the Commission, subpoenas for the attendance of witnesses and the production of books, papers and documents before the Commission and may administer oaths or affirmations to the witnesses whenever in the judgment of the Commission it may be necessary for the effectual discharge of its duties.

(j) If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, then any Commissioner may apply to the Superior Court of the county in which the Commissioner or the Commission may be sitting, and, thereupon, the Court shall issue its subpoena requiring the person to appear and to testify or to produce the books, papers or documents.

(k) Whoever fails to obey or refuses to obey a subpoena of the Superior Court shall be guilty of contempt of court and shall be punished accordingly.

(l) False swearing on the part of any witness shall be deemed perjury and shall be punished as such.

(m) (1) The Commission shall adopt regulations governing the operation of thoroughbred and Arabian racing including the regulation of betting in connection therewith and the regulation of the conduct of all participants in any racing meet, to insure the integrity and security of the conduct of meetings held pursuant to this chapter. Such regulations shall include provisions for disciplinary measures for violations thereof including the imposition of fines, suspension or revocation of licenses or permits, and ejection or expulsion from a licensee’s premises.

(2) a. The Commission shall have the authority to impose a fine of up to the greater of $10,000 or the amount of the purse money for the race to which the violation related for any violation of its regulations.

b. The stewards of a race meeting acting in accordance with such regulations if authorized by the Commission shall have the authority to impose disciplinary measures, including fines, suspension or revocation of licenses or permits, and ejection or exclusion from a licensee’s premises.

c. All fines imposed pursuant to this section shall be paid over to the General Fund upon receipt by the Commission.

d. A person fined or otherwise disciplined by the stewards of a racing meeting shall have a right of appeal to the Commission and for a hearing before the Commission. Any person fined or otherwise disciplined by the Commission shall have a right of appeal to the Superior Court of the State.

e. The action of the Commission shall stand unless and until reversed by the Court.

(n) The Commission shall promulgate administrative regulations for effectively preventing the use of improper devices, the administration of drugs or stimulants or other improper acts for the purpose of affecting the speed or health of horses in races in which they are to participate. The Commission is also authorized to promulgate administrative regulations for the legal drug testing of licensees. The Commission is authorized to contract for the maintenance and operation of a testing laboratory and related facilities, for the purpose of saliva, urine or other tests for enforcement of the Commission’s drug testing rules and regulations. The licensed persons or associations conducting thoroughbred racing shall reimburse the Commission for all costs of the drug testing programs established pursuant to this section. Increases in costs of the aforementioned testing program shall be reasonable and related to expansion in the number of days of racing and the number of races held, the need to maintain competitive salaries, and inflation. The Commission may not unreasonably expand the drug testing program beyond the scope of the program in effect as of June 30, 1998. Any decision by the Commission to expand the scope of the drug testing program that occurs after an administrative hearing, at which the persons or associations licensed under § 10121 of this title consent to such expansion, shall not be deemed an unreasonable expansion for purposes of this section. The Commission, in addition to the penalties contained in § 10125 of this title, may impose penalties on licensees who violate the drug testing regulations including imposition of fines or assessments for drug testing costs. By January 1, 1999, the Commission shall present recommendations to the General Assembly regarding the implementation of additional penalties, including forfeiture of horses, which may be imposed on a licensee whose horse tests positive for illegal drugs.
3 Del. C. § 10213 — Delaware Code / Title 3 / Chapter 102 / Section 10213
§ Â
        10213. Construction and severability.
Status: in_force

This Compact shall be liberally construed so as to effectuate its purposes. The provisions of this Compact shall be severable, and, if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of the United States or of any party state, or the applicability of this Compact to any government, agency, person or circumstances is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If all or some portion of this Compact is held to be contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
3 Del. C. § 2107 — Delaware Code / Title 3 / Chapter 21 / Section 2107
§ Â
        2107. Inspection; sampling; analysis.
Status: in_force

(a) It shall be the duty of the Secretary to sample, inspect, and test commercial fertilizers or soil conditioners distributed within this State at any time and place and to such an extent as the Secretary may deem necessary to determine whether such commercial fertilizers or soil conditioners are in compliance with the provisions of this chapter. The Secretary, individually or through the Secretary’s agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers or soil conditioners subject to the provisions of this chapter and the rules and regulations pertaining thereto, and to the records relating to their distribution; provided, however, that the action of the Secretary or the Secretary’s agent hereunder shall be with the consent of the person having control over the property in which such fertilizer or soil conditioner is kept, and if without such consent, then the Secretary or the Secretary’s agent is to obtain a valid search warrant therefor, specifying the premises to be searched and the purpose of the search, and setting forth probable cause.

(b) The methods of analysis and sampling shall be those adopted by the Association of Official Analytical 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 Secretary, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the “official sample” as defined in § 2103 of this title, and obtained and analyzed as provided for in subsection (b) of this section.

(d) The results of official analysis of commercial fertilizers or soil conditioners and portions of official samples shall be distributed by the Secretary as provided in the regulations.
3 Del. C. § 913 — Delaware Code / Title 3 / Chapter 9 / Subchapter III / Section 913
§ Â
        913. Acquisition of agricultural lands preservation easements.
Status: in_force

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

(b) The Foundation shall be authorized to enter into installment purchase agreements and to execute all documents necessary or desirable thereto to qualify such agreements for exemption from federal or state taxation to the extent permitted by the tax laws. Pursuant to the installment purchase agreements, the Foundation shall acquire preservation easements, establish special accounts for each agreement from which principal and interest payments shall be made and deposit into such special accounts amounts necessary to fund the agreements. The special accounts may be administered by a bank, escrow agent or other qualified paying agent approved by the Foundation and the deposited funds may only be invested in a manner approved by the Secretary of Finance. The amounts to be paid under an agreement shall not exceed the amounts available from the special account related thereto, including earnings thereon. The Foundation may, under the terms of the agreement, impose on the seller through direct charge or installment payment reduction the costs associated with the agreement and the special account. The Foundation is authorized to use all funds appropriated to it to acquire preservation easements through installment purchase agreements.
3 Del. C. § 10054 — Delaware Code / Title 3 / Chapter 100 / Subchapter IV / Section 10054
§ Â
        10054. Revocation of license.
Status: in_force

All licenses for the operation of pools as provided in this chapter shall be revocable at any time, without hearing, in the absolute discretion of the Commission.
3 Del. C. § 103 — Delaware Code / Title 3 / Chapter 1 / Section 103
§ Â
        103. Periodic examination.
Status: in_force

The Department of Agriculture shall send at least one of its officers, agents or employees at least once a year into each county of the State, for the purpose of examining and determining thereby the healthfulness and general condition of the horticultural and agricultural interests.
3 Del. C. § 3177 — Delaware Code / Title 3 / Chapter 31 / Subchapter VI / Section 3177
§ Â
        3177. Labeling of  fresh and raw milk [For application of this section, see 84 Del. Laws, c. 434, Â 4].
Status: in_force

(a) A container of milk may be labeled as “fresh” only if the milk has not been dehydrated, rehydrated, or reconstituted in whole or in part and does not contain caseins, casein products, or caseinates other than those caseins, casein products, or caseinates which occur naturally.

(b) A container of raw milk or the packaging of a product derived from raw milk must include a prominent label stating that raw milk is unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria.
3 Del. C. § 502 — Delaware Code / Title 3 / Chapter 5 / Section 502
§ Â
        502. Compensation.
Status: in_force

The State Chemist shall receive such compensation for the State Chemist’s services and expenses as may be fixed by the Department of Agriculture, to be paid out of funds of the State Treasury, in the same manner as other necessary expenses of the State are now paid, as provided by law.
3 Del. C. § 8205 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8205
§ Â
        8205. Prohibition of vaccination of certain animals for rabies.
Status: in_force

(a) No licensed veterinarian or other person may vaccinate a native wild mammal, native wild animal hybrid, exotic mammal, or exotic mammal hybrid with a rabies vaccine not intended for use in that animal, except when specifically approved by the Department.

(b) Anyone violating this section shall be fined not less than $50 nor more than $250.
3 Del. C. § 10148 — Delaware Code / Title 3 / Chapter 101 / Subchapter III / Section 10148
§ Â
        10148. Restrictions on licensee acting as video lottery agent.
Status: in_force

During any calendar year in which a licensee under this chapter has also been licensed by the Director of the State Lottery Office to maintain video lottery machines within the confines of a racetrack licensed under this chapter, the following rules shall apply:

(1) As to each racetrack so licensed by the Director of the State Lottery Office, the licensee shall conduct live racing operations on at least 100 days, or such fewer number of days to which the licensee and the organization that represents the majority of owners and trainers racing at the licensee’s racetrack agree in writing. In December of each year, the licensee will submit to the Delaware Thoroughbred Racing Commission proposed racing days for the following year. Each licensee shall also employ during the live racing operations a minimum of 100 additional employees than the average daily number employed during the most recent racing meet held prior to July 16, 1994. The licensee’s continued failure to substantially comply with this requirement after notice from the Director shall constitute grounds for revocation or suspension of the video lottery agent’s license.

(2) An amount determined pursuant to § 4815(b)(4) of Title 29 shall be added to the purses for the races to be held at the licensee’s racetrack. The allocation of said sums among the races to be held at the licensee’s racetrack shall be in accordance with contracts currently in force with the Horsemen’s Association recognized for the purposes related to the allocation of purses, provided that all such sums shall have been allocated no later than the end of the calendar year immediately following the calendar year of receipt of said sums by the licensee.
3 Del. C. § 7701 — Delaware Code / Title 3 / Chapter 77 / Section 7701
§ Â
        7701. Permitting livestock to run at large; civil penalty.
Status: in_force

(a) It is unlawful to allow livestock to run at large on the public highways or on unenclosed lands within the State.

(b) The Secretary of Agriculture may impose a civil penalty of not less than $50 or more than $500 for each offense on any person owning livestock found to have run at large, on the public highways, or on unenclosed land within the State. For each subsequent offense occurring within 12 months of a prior offense, the person is subject to a civil penalty not less than $500 or more than $1000 for each offense. The minimum civil penalty for a subsequent offense may not be subject to suspension.

(c) No civil penalty shall be assessed unless the person charged has been given notice and opportunity for a hearing on each charge under Chapter 101 of Title 29.

(d) All civil penalties collected under this chapter must be remitted to the Department or other assigned agency.

(e) An administrative order that has become final imposing any civil penalties from the Department under this chapter shall be enforceable as a judgment and the Department may collect on such order as a judgment when such order is filed in the Office of the Prothonotary or other appropriate court. Any finding of fact or conclusion of law made by the Department in an administrative order that has become final shall be conclusive on all parties to an action under this chapter and not subject to judicial review. For purposes of this section, a finding or conclusion is final if it has been fully determined on appeal to the appropriate court or if the time for filing such appeal with respect to the finding or conclusion has expired.
3 Del. C. § 1224 — Delaware Code / Title 3 / Chapter 12 / Subchapter IV / Section 1224
§ Â
        1224. Unlawful acts; criminal penalties; jurisdiction.
Status: in_force

(a) The following acts shall constitute a class A misdemeanor:

(1) Making a pesticide recommendation or use or application inconsistent with the labeling, the E.P.A., or state registration for the pesticide, or in violation of the E.P.A., or state restrictions of the use of that pesticide; except that the first offense shall constitute a class B misdemeanor;

(2) Making false or fraudulent records, invoices or reports;

(3) Engaging in the business of applying a pesticide on the lands of another without having a license granted by the Department;

(4) Applying a restricted use pesticide without a certified applicator in direct supervision;

(5) Using fraud or misrepresentation in making an application for, or renewal of, a license, permit or certification;

(6) Aiding or abetting a licensed or an unlicensed person to evade this chapter, conspiring with such a licensed or an unlicensed person to evade this chapter or allowing one’s license, permit or certification to be used by another person;

(7) Distributing, selling or offering for sale within this State any of the following:

a. Any pesticide unless it is in the registrant’s or the manufacturer’s unbroken immediate container, and there is visibly affixed to such container a label approved by the E.P.A. or by the Department, in the case of State registration; or

b. Any pesticide which is adulterated, not branded or misbranded, or any container which is misbranded or not branded;

(8) Detaching, altering, defacing or destroying, in whole or in part, any label or labeling prior to purchase by the ultimate consumer, provided for in this chapter or regulations promulgated hereunder or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter;

(9) Using for one’s own advantage or to reveal any information relative to formulas of products acquired by authority of § 1203 or 1204 of this title; or

(10) Neglecting or, after notice, refusing to comply with this chapter, the rules adopted hereunder or any lawful order of the Department.

(b) The following acts shall constitute a class B misdemeanor:

(1) The first offense of paragraph (1) of subsection (a) of this section;

(2) Refusing or neglecting to comply with any limitations or restrictions on or in a duly issued license, permit or certification;

(3) Distributing, selling or offering for sale within this State any pesticide required to be colored or discolored by the E.P.A. under § 25(c)(5) of FIFRA [7 U.S.C. § 136w(c)(5)] unless such pesticide is so colored or discolored; or

(4) The use of fraud or misrepresentation in connection with the application of pesticides.

(c) The following acts shall constitute an unclassified misdemeanor:

(1) Operating in a faulty, careless or negligent manner;

(2) Refusing or neglecting to keep and maintain the records required by this chapter, or to make reports when and as required;

(3) Purchasing or using a restricted use pesticide except in accordance with a duly issued certification from the Department;

(4) Selling or offering to sell a restricted use pesticide unless the purchaser is a certified applicator and is certified to use that restricted use pesticide, and that certification is valid;

(5) Purchasing or using a pesticide designated for “state restricted pesticide use” except in accordance with a permit granted by the Department;

(6) Selling or offering to sell a pesticide designated for “state restricted pesticide use” unless the purchaser has a permit for its purchase and use and that permit is valid;

(7) Engaging in the business of applying pesticides to the lands of another without financial security which is currently in compliance with the requirements of § 1208 of this title;

(8) Distributing, selling or offering for sale within this State any pesticide which has not been registered pursuant to § 1203 or § 1204 of this title, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in this connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided, that in the discretion of the Department, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product; or

(9) Selling or offering to sell a “restricted use pesticide” or a “state restricted use pesticide” without a duly issued dealer permit.

(d) Justices of the Peace Courts and the Court of Common Pleas shall have concurrent jurisdiction over offenses under this chapter.
3 Del. C. § 1102 — Delaware Code / Title 3 / Chapter 11 / Section 1102
§ Â
        1102. Regulations and fees.
Status: in_force

(a) The Department of Agriculture may adopt reasonable regulations to implement and carry out the purposes of this chapter to eradicate, repress and prevent the spread of plant pests (i) within the State, (ii) from within the State to points outside the State, and (iii) from outside the State to points within the State. The Department of Agriculture shall adopt regulations for eradicating such plant pests as it may deem capable of being economically eradicated, for repressing such as cannot be economically eradicated, and for preventing their spread within the State. Reasonable regulations for preventing the introduction of dangerously injurious plant pests from outside the State may also be adopted.

(b) The Secretary of the Delaware Department of Agriculture may set a fee up to the amount of $200 for each U.S. Department of Agriculture phytosanitary certificate.
3 Del. C. § 3181 — Delaware Code / Title 3 / Chapter 31 / Subchapter VI / Section 3181
§ Â
        3181. Regulatory authority and enforcement [For application of this section, see 84 Del. Laws, c. 434, Â 4].
Status: in_force

The Department, in consultation with the Department of Health and Social Services, shall adopt regulations to administer and enforce this subchapter. The Department will consider the size and scale of dairy operations in this State when developing regulations.
3 Del. C. § 10147 — Delaware Code / Title 3 / Chapter 101 / Subchapter III / Section 10147
§ Â
        10147. Failure of licensee to pay taxes on admissions; penalty.
Status: in_force

(a) Whoever, being a licensee, fails or refuses to pay the amount found to be due by the Secretary of the Department of Finance as the tax on admissions shall be fined not more than $25,000, in addition to the amount due the Secretary of the Department of Finance.

(b) All fines up to the amount found to be due the Secretary of Finance and paid into court by a licensee violating this section shall be transmitted and paid over by the clerk of the court to the Secretary of Finance.
3 Del. C. § 8716 — Delaware Code / Title 3 / Chapter 87 / Section 8716
§ Â
        8716. Detention of certain goods, products or animals.
Status: in_force

Whenever any livestock product or poultry product or any product exempted from the definition of a livestock product and from the definition of a poultry product, or any dead, dying, disabled, or diseased livestock or poultry, is found by any authorized representative of the Secretary upon any premises where it is held for purposes of distribution, or during or after distribution, or is otherwise subject to the Interstate Commerce Act, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this chapter or of the Federal Meat Inspection Act [21 U.S.C. § 601 et seq.] or the federal Poultry Products Inspection Act [21 U.S.C. § 451 et seq.] or the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.], or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed 20 days, pending action under § 8717 of this title or notification of any federal authorities having jurisdiction over such article or animal, and shall not be moved by any person from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks.
3 Del. C. § 1211 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1211
§ Â
        1211. Exemptions.
Status: in_force

This subchapter, relating to licenses and requirements for their issuance, shall not apply to research personnel applying pesticides to bona fide experimental plots. By regulation, the Department may exempt certain license applicants from the experience requirements specified in § 1207(c) of this title. Exemptions from the § 1207(c) requirements shall include, but not be limited to, persons applying pesticides to turf or ornamental plants.
3 Del. C. § 7323 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7323
§ Â
        7323. Vaccination of calves.
Status: in_force

Upon request of an owner, the Department of Agriculture shall cause any calves in the State to be vaccinated against brucellosis (Bang’s disease) when such calves are between the ages of 4 and 8 months except calves in herds under state and federal supervision for the control and eradication of brucellosis and operating under the test and slaughter plan, which calves need not be vaccinated unless the owners so desire. Upon such request, the Department of Agriculture shall assign a federal, state or accredited veterinarian to administer the vaccine furnished by the Department. The Department shall make the necessary rules and regulations for handling and use of the vaccine.
3 Del. C. § 1071 — Delaware Code / Title 3 / Chapter 10 / Subchapter VI / Section 1071
§ Â
        1071. Findings; policy; purpose.
Status: in_force

The State Forester shall provide for the protection of the waters of the State from pollution by sediment deposits resulting from silvicultural activities as provided in § 1078 of this title. Through the adoption of this subchapter, the State recognizes that water quality protection techniques for silvicultural practices are an integral component of properly managed forests. Further, the State recognizes the positive benefits that properly managed forest systems have on the environment, water quality and quality of life in Delaware.
3 Del. C. § 2220 — Delaware Code / Title 3 / Chapter 22 / Subchapter II / Section 2220
§ Â
        2220. Delaware Nutrient Management Commission; general powers and duties.
Status: in_force

(a) The Delaware Nutrient Management Commission is hereby established. The Commission shall have the power to develop, review, approve and enforce regulations governing the certification of individuals engaged in the business of land application of nutrients and the development of nutrient management plans as set forth in this chapter. In addition, the Commission shall:

(1) Consider the establishment of critical areas for targeting of other voluntary or regulatory programs;

(2) Establish best management practices to reduce nutrient losses to the environment;

(3) Develop educational and awareness programs designed to voluntarily curtail use of nutrients by persons not otherwise covered by this chapter;

(4) Consider the development of a transportation and alternative use incentive program to move nutrients from areas with overabundance to areas needing nutrient sources;

(5) Make such other recommendations to the Secretary that it deems important for the furtherance of the goals of this Chapter; and

(6) Establish the elements and general direction of the State Nutrient Management Program.

(b) The Commission, in carrying out its duties under this chapter, shall consider comments from affected stakeholders and others interested in the activities of the Commission, including, but not limited to, the University of Delaware and other state and federal agencies, nonprofit groups, and others with an interest in nutrient management. In addition, the Commission shall consider prior work of the Governor’s Agricultural Industry Advisory Committee on Nutrient Management.

(c) Notwithstanding the foregoing, the Commission shall not hold any person or persons certified pursuant to this chapter responsible for violations committed by another person.
3 Del. C. § 8505 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8505
§ Â
        8505. Existing domestic corporations.
Status: in_force

Corporations which exist under the laws of this State, and the purposes of which coincide with the purposes of associations incorporated under this chapter, shall, upon accepting this chapter, by a writing under the seal of the corporation, duly filed in the office of the Secretary of State, be entitled to all of the privileges, immunities, franchises and powers conferred by this chapter upon associations to be created under the chapter and, upon acceptance and approval thereof by the Secretary of State, he or she shall issue a certificate to the corporation reciting the same.
3 Del. C. § 10046 — Delaware Code / Title 3 / Chapter 100 / Subchapter III / Section 10046
§ Â
        10046. Aiding or abetting in unlicensed meet; penalty.
Status: in_force

Whoever aids or abets in the conduct of any meet within this State at which harness horse racing or harness races are permitted for any stake, purse or reward and upon which wagering or betting is conducted as provided in this chapter, except in accordance with a license duly issued and unsuspended or unrevoked by the Commission, shall be fined not less than $575 and not more than $11,500 for each day of such unauthorized meeting, or imprisoned.
3 Del. C. § 909 — Delaware Code / Title 3 / Chapter 9 / Subchapter II / Section 909
§ Â
        909. District restrictions.
Status: in_force

(a) The farmlands and forestlands included in an Agricultural Preservation District are 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 agricultural and related uses, and residential use of the real property shall be limited as follows:

a. No more than 1 acre of land for each 20 acres of usable land owned in a District or an expansion of a District, to a maximum of 10 acres, shall be allowed for dwelling housing; and

b. The dwelling housing shall be limited to residential use of the owner, relatives of the owner and persons providing permanent and seasonal farm labor services; provided however, that the Foundation may, pursuant to regulations adopted after notice and public hearing, allow, from the effective date of an initial District Agreement, no more than a total of 3 dwellings or dwelling lots located in the Agriculture Preservation District to be transferred from an owner or relatives of an owner to any other person, subject to the following limitations and requirements:

1. The owner or relative of an owner seeking to make the transfer shall establish that a hardship condition exists, as defined pursuant to Foundation regulations, and obtain Foundation approval;

2. The dwelling or dwelling lot, after transfer, shall be used only for residential purposes;

3. The transferred property shall not qualify for District benefits or benefits of easement conveyance established under this chapter; and

4. If a preservation easement has been acquired by the Foundation on the real property subject to transfer, the owner or relatives of the owner shall, as a condition of Foundation approval, pay to the Foundation an amount equal to 25 percent of the then current fair market value of the land subject to transfer; and

c. Any transfer of real property in a District or an expansion of a District to another person shall be preceded by the execution by the transferee of a document, in recordable form and as prescribed by the Foundation, which sets forth the acreage allowed for dwelling housing and the restrictions which apply to the real property under this chapter and the regulations of the Foundation.

(3) The restrictions shall be deemed covenants which run with and bind the lands in the District for a period of 10 years or any extended period from the date of placement of the lands in the District.

(4) For any new District or expansion of a District approved after August 23, 2004, the provisions of paragraph (a)(2)b. of this section shall be replaced by the following restrictions:

a. With respect to the acreage allowed for dwelling housing pursuant to paragraph (a)(2)a. of this section, there shall be a limit of 3 dwelling houses for residential use placed on the allowable acreage at 3 locations designated by the owner, unless there exists more than 3 dwelling houses on the real property at the time of approval of the new district or expansion of a District, in which case the allowable acreage shall be allocated to the existing dwelling houses and no additional dwelling houses shall be allowed.

b. The dwelling housing utilized pursuant to paragraph (a)(4)a. of this section, above, for residential use shall not be restricted to owners, relatives of owners or persons providing permanent and seasonal farm labor services, and any person shall be entitled to use the dwelling housing for residential purposes.

c. The owners of real property in any District or expansion of a District, which District is in existence on August 23, 2004, shall be entitled to be released from the restrictions of paragraph (a)(2)b. of this section, provided such owner executes an amendment to their District Agreement in a form designated and acceptable to the Foundation, subjecting the real property to the restrictions set forth in paragraphs (a)(1), (a)(2)a., (a)(4)a. and (a)(4)b. of this section. If an owner of real property in any District or expansion of a District has before August 23, 2004, conveyed a preservation easement to the Foundation, such owner shall be entitled to be released from the restrictions of paragraph (a)(2)b. of this section as contained in the preservation easement, provided the owner executes an amendment to the preservation easement in a form designated and acceptable to the Foundation subjecting the real property to the restrictions set forth in paragraphs (a)(1), (a)(2)a., (a)(4)a. and (a)(4)b. of this section.

(5) The following uses shall be deemed “related uses” for purposes of paragraph (a)(2) of this section:

a. A farm market or roadside stand shall be allowed provided the products offered for sale are grown or produced on the property included within the District and such farm market or roadside stand complies with § 2601(b)(5), § 4901(b)(5), or § 6902(b)(5) of Title 9.

b. Hayrides, horseback riding, guided tours, and petting zoos shall be allowed, provided that said activities are limited to no more than 50 persons on the premises at a time. Notwithstanding the foregoing, educational tours and agricultural demonstration events shall not be subject to the 50-person limitation.

c. Horse stabling and training and caring for horses is permitted; provided however, quasi-public horse events such as polo fields and horse shows, shall not be permitted.

d. Hunting, trapping, and fishing shall be allowed provided said activities are limited to private noncommercial activities and do not adversely affect the agricultural use of the property.

e. Spray irrigation designed to replenish soil nutrients and improve the quality of the soil is allowed provided that the spray effluent is treated pursuant to the best available treatment technology, is disposed of on property utilized for the production of conventional cash crops, and all storage and treatment of the effluent disposed of on the District property takes place on property other than District property.

f. Easements, licenses and other property interests for utility, telecommunications, and access uses are allowed provided that:

1. The property subject to the easement, license or other property interest is limited to only the area necessary to accommodate the utility, telecommunications or access use;

2. The area affected by the use is located so as to minimize, to the maximum extent practicable, the impact on farming activities and operations;

3. No commercial advertising or commercial activities unrelated to the utility, telecommunications or access use shall be conducted on the area of the utility, telecommunications or access use;

4. Any document used to grant an easement, license or other property interest shall limit the activities to utility, telecommunications or access uses and shall contain the prohibitions of commercial advertising or commercial activities unrelated to the permitted use; and

5. The written approval of the Foundation shall be obtained in accordance with the rules and regulations of the Foundation.

g. Farm structures in existence at the time of approval of a District or expansion of a District that are no longer used in farming operations may be used for the enclosed storage of property belonging to others.

h. A restricted landing area utilized for the personal use of the owner or tenant of the owner is permitted provided that said use does not require any rezoning of the property or conditional use allowing for commercial use. As used herein, “restricted landing area” means any area of land, water or both which is used for the landing and takeoff of aircraft.

i. A “bed and breakfast” may be operated in any allowed dwelling located on the property.

j. A daycare center for the care of no more than 5 children under the age of 16 shall be allowed in any allowed dwelling located on the property.

k. Farm structures in existence at the time of approval of a District or expansion of a District that are no longer used in farming operations, and any related temporary ancillary structure used in conjunction with the existing farm structures, may be used for public and private gatherings, such as weddings, parties, conferences, fundraising ceremonies and other similar events, provided that all of the following requirements are satisfied:

1. The property with improvements on which the allowed activities are conducted must be owned by the person subject to the District Agreement or preservation easement.

2. The area on which the allowed activities are conducted cannot be subdivided from the agricultural lands.

3. A. The area on which the allowed activities are conducted must be limited, to the extent feasible, to avoid impacts on current and beneficial agricultural use of the agricultural lands. Farmland that is in current and beneficial agricultural use may be used for events under this paragraph (a)(5)k.3.A. if all of the following apply:

I. One acre or less of land is used.

II. An area of land equal or greater to the amount in paragraph (a)(5)k.3.A.I. of this section is converted to active beneficial agricultural use.

B. The exterior dimensions of the existing farm structures may be increased in size as follows:

I. By no more than 50% of the footprint area of the existing farm structure at the time the structure became part of a District.

II. A canopy attached to the allowed farm structure may not exceed more than 30% of the farm structure’s footprint area.

4. The person seeking to conduct activities allowed under this paragraph (a)(5)k. shall submit to the Foundation Board, in advance and on an application form provided by the Foundation, a detailed description and plan of the proposed activities.

5. The application shall have been approved by the Foundation, subject to such terms and conditions deemed necessary and desirable to protect the agricultural value of the property, which terms and conditions shall be subject to the enforcement provisions set forth in §  920(a) of this title.

6. The person seeking to conduct activities allowed under this subsection shall have agreed, in writing, to comply with the terms and conditions set forth in the Foundation Board’s approval.

l. Annual and semi-annual events related to agricultural commodities and agricultural enterprises during the growing season, and other annual and semi-annual events during the nonprimary growing season, subject to case by case review and approval by the Foundation Board, and if approved subject to such terms and conditions imposed to protect the agricultural value of the property, which terms and conditions shall be subject to the enforcement provisions set forth in §  920(a) of this title.

m. A private restricted landing area used for agricultural spraying and applications, including spraying and applications conducted under government sponsored programs, subject to the written approval of the Foundation Board.

(b) Farmlands and/or forestlands included in an Agricultural Preservation District shall be released from such District at the expiration of 10 years from the date such lands are initially placed in the District if the owner of the farmlands and/or forestlands provides written notification to the Foundation of intent to withdraw such lands from the District at least 6 months prior to the expiration of the referenced 10-year period; otherwise, such lands shall remain in the District 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 the lands from the District.

(c) In event of a purchase of an agricultural lands preservation easement by the Foundation, the restrictions set forth in subsection (a) of this section shall become permanent and subject to release only under § 917 of this title, or in the case of the restrictions set forth in paragraph (a)(2)b. of this section, under paragraph (a)(4)c. of this section.
3 Del. C. § 10205 — Delaware Code / Title 3 / Chapter 102 / Section 10205
§ Â
        10205. States eligible to join Compact.
Status: in_force

Any state that has adopted or authorized horse or harness racing with pari-mutuel wagering shall be eligible to become party to this Compact.
3 Del. C. § 3146 — Delaware Code / Title 3 / Chapter 31 / Subchapter IV / Section 3146
§ Â
        3146. Violations and penalties.
Status: in_force

Whoever violates this subchapter shall be fined not more than $10 for each offense, unless a different penalty is prescribed by the section violated.
3 Del. C. § 1910 — Delaware Code / Title 3 / Chapter 19 / Section 1910
§ Â
        1910. Penalties.
Status: in_force

Any person convicted of violating this chapter or the rules and regulations promulgated thereunder shall be fined not less than $50 nor more than $200 to be enforced by summary proceedings in a court of competent jurisdiction. Nothing in this chapter shall be construed as requiring the Department or its authorized agent to report for prosecution, or for the institution of seizure proceedings as a result of, minor violations of this chapter when they believe that the public interest will best be served by a suitable written warning.
3 Del. C. § 2607 — Delaware Code / Title 3 / Chapter 26 / Section 2607
§ Â
        2607. Removal of lands from exempt status by Department; notice; hearing; appeal.
Status: in_force

(a) If the State Forester recommends the removal of any lands from classification as commercial forest land, the Department of Agriculture shall notify the owner of the time and place of hearing upon such recommendation, which shall not be less than 10 days from the date of notice. The owner of the lands shall be entitled to be heard before the Department in person or by attorney and shall be allowed to present any pertinent evidence. The Department shall thereupon determine the matter and shall either approve or disapprove the recommendation of the State Forester. If the recommendation of the State Forester is approved by the Department, the Department shall notify the county board in writing of assessment thereof, and the board of assessment shall immediately restore the lands to the assessment lists. The board shall also determine the amount of tax due upon the lands, notwithstanding Chapter 83 of Title 9, according to the average valuation of the lands at the tax rates prevailing during the current period of exemption. The total amount of taxes as calculated shall be certified to the receiver of taxes and county treasurer of the county for collection as other taxes are collected, but with no penalty attached thereto.

(b) The owner of such lands may appeal from the decision of the Department to the Superior Court of the county by filing with the Prothonotary a certified copy of the recommendation of the State Forester as filed with the Department and the determination of the Department with respect thereto. The certification shall be made by the State Forester. Such appeal shall be filed within 2 terms next after the determination of the matter by the Department, or the right of appeal shall be lost.

(c) Prior to the sale or other transfer of rights of land or perpetual timber rights subject to an approved forest management plan, the transferor of land shall notify the transferee of the existence and nature of the plan and the transferee shall sign a notice of forest management obligation indicating the transferee’s knowledge thereof.

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

(2) If the transferor fails to notify the transferee about the forest management obligation, the board of assessment shall immediately restore the lands to the assessment lists. The board shall also determine the amount of tax due upon the lands according to the average valuation of the lands at the tax rates prevailing during the period of exemption. The total amount of taxes as calculated shall be certified to the receiver of taxes and county treasurer of the county for collection as other taxes are collected, but with no penalty attached thereto. All taxes due for the period of exemption shall be assessed to the transferor.

(3) Failure by the transferor to send the required notice to the Department of Agriculture at the time of the sale shall be prima facie evidence that the transferor did not notify the buyer of the forest management obligation prior to sale.
3 Del. C. § 10202 — Delaware Code / Title 3 / Chapter 102 / Section 10202
§ Â
        10202. Purposes.
Status: in_force

The purpose of this Compact is to:

(a) Establish uniform requirements among the party states for the licensing of participants in live horse racing with pari-mutuel wagering and ensure that all such participants who are licensed pursuant to this Compact meet a uniform minimum standard of honesty and integrity.

(b) Facilitate the growth of the harness and horse racing industry in each party state and nationwide by simplifying the process for licensing participants in live racing, and reduce the duplicative and costly process of separate licensing by the regulatory agency in each state that conducts live horse racing with pari-mutuel wagering.

(c) Authorize the Delaware Thoroughbred Racing Commission and the Delaware Harness Racing Commission to participate in this Compact.

(d) Provide for participation in this Compact by officials of the party states, and permit those officials, through the Compact Committee established by this Compact, to enter into contracts with governmental agencies and non-governmental persons to carry out the purposes of this Compact.

(e) Establish the Compact Committee created by this Compact as an interstate governmental entity duly authorized to request and receive criminal history record information from the Federal Bureau of Investigation and other state and local law enforcement agencies.
3 Del. C. § 1607 — Delaware Code / Title 3 / Chapter 16 / Subchapter I / Section 1607
§ Â
        1607. Enforcement; administrative rules and regulations.
Status: in_force

The Department shall enforce this chapter, and prescribe and enforce administrative rules, regulations, definitions, penalties, fees and standards in accordance with the Administrative Procedures Act.
3 Del. C. § 1011 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1011
§ Â
        1011. Powers and duties of Department generally.
Status: in_force

The Department of Agriculture shall have direction of all forest interests and all matters pertaining to forestry and woodlands within the State. The Department of Agriculture shall execute all matters pertaining to forestry within the jurisdiction of the State; devise and promulgate rules and regulations for the enforcement of the state forestry laws and for the protection of forest lands, and impose fines in furtherance thereof; direct the improvement of state forest lands; collect data relative to forest conditions, become familiar with and inquire into the locations of all timberland and cutover lands, and prepare maps showing the locations and areas of state forests and privately owned forests so far as available funds will permit; take such action as is authorized by law to prevent and suppress forest, brush and grass fires; enforce all laws pertaining to forest and brush covered lands and assist in the prosecution, in the name of the State, of violations of those laws; cooperate with landowners, counties and others in forest production and reforestation; and publish information on forestry as seems conducive to promoting the objectives of Chapters 10, 26 and 91 of this title.
3 Del. C. § 7607 — Delaware Code / Title 3 / Chapter 76 / Section 7607
§ Â
        7607. Violations.
Status: in_force

Whoever violates any provisions of the chapter or any rules or regulations promulgated hereunder shall be guilty of a class C misdemeanor. The Superior Court shall have jurisdiction over all offenses under this chapter.
3 Del. C. § 10124 — Delaware Code / Title 3 / Chapter 101 / Subchapter II / Section 10124
§ Â
        10124. Issuance; terms and conditions.
Status: in_force

(a) Upon the award of days to any applicant, the Commission shall issue a license for the holding of the meet or meets during the days awarded to the applicant.

(b) The license shall be subject to all rights, regulations and conditions from time to time prescribed by the Commission.
3 Del. C. § 7402 — Delaware Code / Title 3 / Chapter 74 / Section 7402
§ Â
        7402. Equine Infectious Anemia suspected; notification.
Status: in_force

Any person who knows or suspects that a case of Equine Infectious Anemia may exist in an equine shall immediately notify the Department and shall supply the Department with:

(1) The name of the equine, if known;

(2) Its present location; and

(3) The name of the owner, if known.
3 Del. C. § 1701 — Delaware Code / Title 3 / Chapter 17 / Section 1701
§ Â
        1701. Title.
Status: in_force

This chapter shall be known as the “Delaware Commercial Feed Law of 2021.”
3 Del. C. § 605 — Delaware Code / Title 3 / Chapter 6 / Section 605
§ Â
        605. Delaware Viticulture Council.
Status: in_force

(a) A Delaware Viticulture Council is hereby created for the purposes of assisting the Department with the enhancement and promotion of viticulture activities and operations within the State. Duties of the Council shall include, but not be limited to, the following:

(1) Examine the impact of laws and regulations on the viticulture industry and recommend to the Secretary methods to simplify regulatory processes or otherwise enhance the regulatory climate with respect to the efficient siting and operation of viticulture operations;

(2) Examine the viticulture incentive programs used by other states, determine those programs used, determine programs that would best enhance viticulture operations and report to the Secretary on what actions are required to address these needs;

(3) Examine research and educational needs as they relate to the improvement of management and operations of viticulture operations and report to the Secretary on what actions are required to address these needs;

(4) Respond to requests of the Secretary to examine other issues relating to the enhancement of viticulture activities and operations in Delaware.

(b) The Council shall be composed of no less than 12 members. Members shall include:

(1) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s designee;

(2) The Director of the Division of Small Business or the Director’s designee;

(3) A representative of the University of Delaware to be appointed by the President of the University;

(4) A representative of Delaware State University to be appointed by the President of the University;

(5) A representative of the Delaware Farm Bureau to be appointed by the President of the Delaware Farm Bureau;

(6) Three individuals that are actively involved in commercial viticulture activities or operations to be appointed by the Chairperson of the Council;

(7) Three individuals with an interest in viticulture activities to be appointed by the Chairperson of the Council.

(c) The Secretary shall act as chairperson of the Council, or may appoint a designee.
3 Del. C. § 10002 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10002
§ Â
        10002. Secretary; powers and duties.
Status: in_force

The Harness Racing Commission shall be a unit of the Department of Agriculture. The Secretary of Agriculture shall promulgate those rules and regulations relating to the establishment of the Harness Racing Commission as such a unit. The Harness Racing Commission and all employees in positions authorized in the Annual Appropriations Act assigned to the Harness Racing Commission shall report directly to the Secretary.
3 Del. C. § 805 — Delaware Code / Title 3 / Chapter 8 / Section 805
§ Â
        805. Premium subsidy and eligibility requirements.
Status: in_force

(a) Any eligible producer who has already purchased or who shall purchase, prior to the appropriate sales closing date, a qualifying policy in excess of the catastrophic risk protection level of coverage, shall be eligible to receive a State subsidy of up to 30% of the eligible producers’ premium cost, up to a maximum of $10 per acre, under this Program.

(b) The subsidy under this Program is subject to appropriation by the General Assembly and is only for covered commodities during the policy coverage period.

(c) In order to participate in this Program, the eligible producer must comply with all the requirements of this Program, as established by the Department.
3 Del. C. § 7338 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7338
§ Â
        7338. Violations; penalties; jurisdiction; disposition of fines.
Status: in_force

(a) Whoever violates this subchapter, or any rule or regulation promulgated hereunder, shall, unless otherwise provided in this subchapter, be fined not less than $50 nor more than $100 for the first offense, and not less than $100 nor more than $200 for any subsequent offense, or, in default of fine, shall be imprisoned not less than 10 nor more than 30 days, besides the costs of prosecution.

(b) Justices of the peace shall have jurisdiction of offenses under this section.

(c) There shall be a right of appeal to the Court of Common Pleas from convictions under this section as in like cases before a justice of the peace.

(d) The fines collected under this section shall be paid forthwith to the State Treasurer and deposited in the General Fund.
3 Del. C. § 2110 — Delaware Code / Title 3 / Chapter 21 / Section 2110
§ Â
        2110. Misbranding.
Status: in_force

No person shall distribute misbranded fertilizer or soil conditioner. A commercial fertilizer or soil conditioner shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If it is distributed under the name of another fertilizer product or soil conditioner;

(3) If it is not labeled as required in § 2105 of this title and in accordance with regulations prescribed under this chapter;

(4) If it purports to be or is represented as a commercial fertilizer or soil conditioner or is represented as containing a plant nutrient or commercial fertilizer or soil conditioner, unless such plant nutrient or commercial fertilizer or soil conditioner conforms to the definition of identity, if any, prescribed by regulation of the Secretary; in the adopting of such regulations the Secretary shall give due regard to commonly accepted definitions and official fertilizer or soil conditioner terms such as those issued by the Association of American Plant Food Control Officials.
3 Del. C. § 2249 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2249
§ Â
        2249. Nutrient Management Funding.
Status: in_force

Funds appropriated to the Nutrient Transport Program, in the annual operating budget act are intended to support projects that transport poultry and animal waste, including litter, for alternative use projects and for transporting the poultry and animal waste to cropland showing a need for these nutrients as indicated by a nutrient management plan. It is intended that a portion of these funds will be use to remove the nutrients from Delaware and for farm to farm relocation within Delaware. Reimbursement of transportation shall not exceed $20 per ton of poultry or nonpoultry waste. The program shall be developed and implemented by the Delaware Department of Agriculture according to the guidelines established by the Delaware Nutrient Management Commission as provided for under § 2220(a)(4) of this title. Any appropriation to the Nutrient Management Contingency shall be used for the sole purpose of nutrient relocation and/or nutrient management planning pursuant to these guidelines.
3 Del. C. § 713 — Delaware Code / Title 3 / Chapter 7 / Section 713
§ Â
        713. Refund of fees.
Status: in_force

Any producer, by the use of forms to be provided by the Secretary and upon presentation of such proof as the Secretary and Advisory Board may require by rule or regulation, may have the fee paid pursuant to this chapter refunded to him or her. Such request for refund must be received in the office of the Secretary or the Advisory Board within 60 days following the payment of such fee, but in no event shall these requests for refund be accepted more often than 12 times per year and must be made at least once each year. Refund shall be made by the Secretary or Advisory Board within 30 days of the request for refund provided that the fee sought to be refunded has been received. Rules and regulations governing the refund of fees for the commodity involved shall be formulated by the Board together with the Secretary and shall be fully outlined at the hearing, or hearings, and be available for the information of all persons concerned with the referendum.
3 Del. C. § 7334 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7334
§ Â
        7334. Movement of cattle into or within enrolled area.
Status: in_force

Whenever a county, hundred, district, or other designated area has become enrolled in the area or any other plan of testing approved by the Department of Agriculture, no cattle shall be brought into or moved within such county, hundred, district or other designated area except as provided in the rules and regulations prescribed by the Department.
3 Del. C. § 8001 — Delaware Code / Title 3 / Chapter 80 / Section 8001
§ Â
        8001. Definitions.
Status: in_force

Transferred to § 3001F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 939 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 939
§ Â
        939. Enforcement of restrictions.
Status: in_force

The Foundation is authorized to take those actions and exercise the authority and entitlements set forth under § 920 of this title to enforce the restrictions and other provisions which apply to forestland preservation areas, forestland preservation area agreements, forestland preservation easements, and the provisions of this subchapter.
3 Del. C. § 7406 — Delaware Code / Title 3 / Chapter 74 / Section 7406
§ Â
        7406. Payment for equines condemned.
Status: in_force

The Department may pay out of the funds appropriated by the General Assembly of this State a sum up to $1,000 for any equine, whose owner is a resident of this State, ordered destroyed, provided that the owner has submitted a claim for indemnity on forms prescribed by the Department and has complied with all quarantine regulations. The Department shall make the final determination as to the amount to be paid under this section.
3 Del. C. § 1603 — Delaware Code / Title 3 / Chapter 16 / Subchapter I / Section 1603
§ Â
        1603. Installation and operation.
Status: in_force

(a) The grain moisture testing devices shall be installed in such a manner that there will be no vibrations of indicating dials. Devices with moving parts shall be properly maintained, and kept free of dust and dirt.

(b) All devices shall be operated according to the manufacturer’s instructions, or in accordance with instruction issued by the Department.
3 Del. C. § 106 — Delaware Code / Title 3 / Chapter 1 / Section 106
§ Â
        106. Dairy risk management assistance program.
Status: in_force

(a) For purposes of this section:

(1) “Dairy margin coverage program” means a program operated by the United States Department of Agriculture (USDA) that provides risk management coverage based on the national price of milk and the average cost of feed. “Dairy margin coverage program” includes the program required by 7 U.S.C. § 9053, and any successor or similar program operated by USDA.

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

(3) “Qualified dairy operator” means a dairy operator in this State that is qualified to participate in a dairy margin coverage program.

(b) Subject to the availability of funding, the Department may administer a program to reimburse a qualified dairy operator for up to the full amount of the premium paid by the qualified dairy operator to participate in a dairy margin coverage program up to the maximum coverage level available under the program.

(c) A qualified dairy operator may apply to the Department for a reimbursement under this section, by submitting an application and required supporting material at the time and in the manner directed by the Department.
3 Del. C. § 10143 — Delaware Code / Title 3 / Chapter 101 / Subchapter III / Section 10143
§ Â
        10143. Liability insurance of licensee.
Status: in_force

Ten days before any racing meet may be held under this chapter, the person licensed to conduct the racing meet shall deposit with the Commission a policy of insurance against personal injury liability which may be sustained at the meet. The insurance shall be in an amount approved by the Commission with premium prepaid.
3 Del. C. § 6702 — Delaware Code / Title 3 / Chapter 67 / Section 6702
§ Â
        6702. Application of chapter.
Status: in_force

This chapter shall apply to the use of all biological products to be used for the prevention, suppression or treatment of disease in animals, other than humans, or poultry kept or housed within the confines of this State.
3 Del. C. § 1304 — Delaware Code / Title 3 / Chapter 13 / Section 1304
§ Â
        1304. Plant pest infestations.
Status: in_force

(a) Any person that has in the person’s possession plants, plant materials, or nursery stock infested or infected with dangerously injurious plant pests possesses a public nuisance.

(b) Upon discovery or notification of such nuisance the Department shall place a hold order on the aforementioned material. While under such a hold order it is an illegal action to sell, ship, transport, give away, destroy, or otherwise move, alter or tamper with the aforementioned plants.

(c) If the Secretary determines that the provisions of this chapter have been violated, the Secretary shall order and direct that the nuisance be abated by whatever means necessary (including destruction, confiscation, treatment, or return shipment). The abatement of this public nuisance is at the expense of all of the aforementioned persons and shall be without any form of compensation.
3 Del. C. § 1312 — Delaware Code / Title 3 / Chapter 13 / Section 1312
§ Â
        1312. Appeals.
Status: in_force

A person who feels aggrieved by an action of the Department resulting from the administrative hearing held under the authority of this chapter may take appeal, within 30 days of the written decision or other action of the Department, to the Superior Court. After full hearing, the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds therefore, shall be served upon the Secretary of the Department of Agriculture.
3 Del. C. § 2114 — Delaware Code / Title 3 / Chapter 21 / Section 2114
§ Â
        2114. Fertilizer and soil conditioner short in weight.
Status: in_force

If any commercial fertilizer or soil conditioner in the possession of the consumer is found by the Secretary to be short in weight, the registrant of said commercial fertilizer or soil conditioner shall within 30 days after official notice from the Secretary pay to the consumer a penalty equal to 4 times the value of the actual shortage.
3 Del. C. § 920 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 920
§ Â
        920. Enforcement of restrictions.
Status: in_force

(a) The Foundation shall be entitled to take action in any court of competent jurisdiction to enforce any restrictions or requirements imposed under this chapter, duly adopted regulations and binding legal instruments. In any such action the Foundation shall, if it prevails, be entitled to recover its reasonable costs and expenses, including reasonable attorney’s fees.

The Foundation shall also be entitled to recover in any such action all tax benefits conferred under § 911 of this title, plus one and one-half percent per month of tax benefit amounts computed on a compound basis from the date the tax benefit was first realized to the date of judgment.

(b) Any person who violates a District restriction, requirement imposed in a preservation easement or the provisions of § 910(a) of this title, shall, after notification and failure to correct the violation, be subject to a civil penalty of not less than $50 but not more than $200 for each completed violation. If the violation continues for a number of days, each day of such violation shall be considered a separate violation. Unless joined to an action under subsection (a) of this section, a civil penalty claim hereunder shall be filed in any Court of Common Pleas. Any civil penalties recovered shall be paid to the Fund.

(c) The Foundation shall be entitled to take action, including an action by monition, in any court of competent jurisdiction to enforce liens and to collect the Foundation’s share of roll-back taxes, including penalties, which are due under the provisions of § 921(c) of this title. In any such action the Foundation shall be entitled to proceed through its legal counsel, without the need of obtaining any prior approval, and the Foundation shall, if it prevails, be entitled to recover its reasonable costs and expenses, including reasonable attorney’s fees. Nothing contained herein shall preclude a county or school district from pursuing legal action to collect, on behalf of the Foundation, the Foundation’s share of the roll-back tax through either independent action or as part of another action. Upon collection of the Foundation’s share of the roll-back tax through such legal action the amount collected, after deduction of the seven and a half percent administration charge, shall be forwarded to the Foundation.
3 Del. C. § 2260 — Delaware Code / Title 3 / Chapter 22 / Subchapter IV / Section 2260
§ Â
        2260. Complaints; investigations; enforcement.
Status: in_force

(a) The Commission shall establish by regulation a process whereby any person may file a complaint with the Commission against any person for a violation of any of the provisions of this chapter or any regulations promulgated pursuant thereto.

(b) The Commission shall establish by regulation the procedure for investigating any complaints brought before the Commission and the manner in which those complaints shall be resolved.

(c) The Commission shall, when requested, keep confidential the names of complainants, and shall not investigate or respond to anonymous complaints.