3 Del. C. § 8210 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8210
§ Â
        8210. Submission of animal for rabies testing and examination during quarantine.
Status: in_force

(a) When an animal is destroyed for the purposes of rabies testing, every effort shall be made to keep the head and brain intact and unfrozen for transfer to the Division of Public Health Laboratory within 72 hours. Precautions shall be taken to avoid exposure to humans during all stages of specimen preparation and transport to the Division of Public Health Laboratory. The Division will review requests for rabies laboratory testing of rabies vector species in cases with a potential human exposure and will test samples if the rabies vector species is available and in adequate condition for valid results. The Division is responsible for ensuring that the destroyed animal is transported safely, and for notifying the submitting party of the rabies testing results.

(b) The Division or the Department may order the owner of an animal which is suspected of having exposed a human being to rabies to have the animal examined by a licensed veterinarian at any time during the quarantine period. The cost of the veterinary examination and any other associated cost shall be borne by the owner of the biting animal which is suspected of having exposed the human being to rabies. Any animal determined by a licensed veterinarian or the Department to be inhumanely suffering may be destroyed in a humane manner and the head promptly submitted to the Division of Public Health Laboratory for rabies testing.

(c) Notwithstanding any other provision of this chapter, the Department or the Division may issue a written order that an animal suspected of exposing a human being to rabies or having bitten a person and that animal having not been immunized with a vaccine specifically approved for use in that species and administered by a licensed veterinarian, shall be destroyed in a humane manner for laboratory examination for rabies, if it is determined that the animal is not being quarantined adequately or that there are other reasons which make it necessary for the preservation of human health.

(d) A person may not fail or refuse to surrender the remains of an animal for the purposes of rabies testing when a written order is made by the Division or the Department.

(e) Penalty. —

Any person interfering with the provisions of this section shall be fined not less than $100 nor more than $300.
3 Del. C. § 1210 — Delaware Code / Title 3 / Chapter 12 / Subchapter II / Section 1210
§ Â
        1210. Same â Renewal of license.
Status: in_force

All licenses shall continue in effect until December 31 of the year in which the license expires, whereupon they shall become invalid unless renewed, except that a license for which a renewal application has been submitted to the Department by November 30 shall remain in full force and effect until such time as the Department gives written notice to the license holder of renewal or denial. Forms for renewal shall be mailed to all holders of current licenses by the Department by October 1 of the year in which they expire.
3 Del. C. § 2504 — Delaware Code / Title 3 / Chapter 25 / Section 2504
§ Â
        2504. License fee; bond required; exceptions to bond requirement.
Status: in_force

All applications shall be accompanied by a license fee of $25 and a good and sufficient bond in the minimum sum of $25,000. In any event, the bond shall be equal to or greater than the maximum amount of gross business done in this State the previous calendar year, but in no event shall the amount of bond required exceed $50,000. After a hearing on any complaint against a licensee, a maximum bond of $100,000 may be required at the discretion of the Secretary. In lieu of the bond, applicants may deposit with the Secretary, United States government securities, irrevocable letters of credit, or appropriate certificate of deposit, satisfactory to the Secretary, to which every producer and/or auction market with whom the licensee does business has recourse on a claim filed in writing with the Department of Agriculture. In lieu of bond Delaware brokers may submit evidence satisfactory to the Secretary that they have net assets in the State with value equal to or exceeding the bonding requirements of this section.
3 Del. C. § 10110 — Delaware Code / Title 3 / Chapter 101 / Subchapter I / Section 10110
§ Â
        10110. Administrative inspection warrants.
Status: in_force

Pursuant to § 101(10) of this title, the Delaware Thoroughbred Racing Commission is authorized to apply for and utilize administrative inspection warrants issued by the Secretary of Agriculture for the purpose of conducting administrative inspections and seizures of property at any location within the State where race horses are stabled or otherwise located, except those horses stabled or otherwise located at facilities licensed pursuant to § 4805(b)(13) of Title 29.
3 Del. C. § 911 — Delaware Code / Title 3 / Chapter 9 / Subchapter II / Section 911
§ Â
        911. District benefits.
Status: in_force

(a) Owners of real property located in an Agricultural Preservation District shall, with respect to such real property, be entitled to the following benefits:

All unimproved land shall be exempt from:

(1) Taxation otherwise imposed under Chapter 83 of Title 9 and Chapter 19 of Title 14; provided, however, that the amount of tax relief shall nonetheless be determined for the unimproved lands under established valuation and assessment procedures and taxation related to tax ditches under Chapter 41 of Title 7 shall in no way be affected;

(2) Taxation otherwise imposed under Chapter 54 of Title 30, and any county or municipal ordinance requiring payment of a realty transfer tax; provided, however, that the amount of tax relief shall nonetheless be determined and such tax relief shall be subject to recovery and placed in the Fund if within 5 years after the unimproved lands are released from a District pursuant to § 909(b) of this title, such unimproved lands are rezoned or subject to subdivision; and

(3) Any ad valorem tax imposed by the State, a county, a municipality and any quasi-governmental body.

(b) The Department of Natural Resources, Department of Finance, and the Board of Assessment and Recorder of Deeds for the respective counties shall coordinate, assist and cooperate with the Foundation to fully effectuate the applicable provisions of this chapter.

(c) [Deleted.]
3 Del. C. § 808 — Delaware Code / Title 3 / Chapter 8 / Section 808
§ Â
        808. Rules and regulations.
Status: in_force

The Department may adopt and promulgate such rules and regulations as will be necessary for the implementation of this Program.
3 Del. C. § 1232 — Delaware Code / Title 3 / Chapter 12 / Subchapter VI / Section 1232
§ Â
        1232. Compensation.
Status: in_force

Each member of the Committee shall be reimbursed for all proper and necessary expenses but shall receive no compensation for time spent in attending the work of the Committee.
3 Del. C. § 8206 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8206
§ Â
        8206. Prohibition on the importation of certain animals.
Status: in_force

(a) The Department may also ban importation of certain species of animals into the State, or require special permits for importation of certain species, if it is felt that these species of animals represent an unacceptable risk of rabies infection to humans and animals.

(b) Anyone violating this section shall be fined not less than $100 nor more than $500.
3 Del. C. § 1308 — Delaware Code / Title 3 / Chapter 13 / Section 1308
§ Â
        1308. Labeling and advertising of nursery stock.
Status: in_force

(a) Plants, plant materials, or nursery stock must not be labeled or advertised with false or misleading information. This includes common name, scientific name, variety, place of origin, and growth habit.

(b) A person may not offer for sale, sell, give away, or in any way distribute plants, plant materials, or nursery stock, represented by some specific or special form of notation, including “free from” or “grown free of,” unless such plants are produced under a specific program accepted by the Department to address the specific plant properties addressed in the special notation claim.

(c) Before any person advertises plants, plant materials, or nursery stock for sale, a copy of the person’s nursery business license must be provided to the publisher or producer of the advertisement. The nursery business license number must be included in the advertisement and, if appropriate, be legible or audible. This requirement shall extend to all forms of advertising media, including radio, television, outdoor sign boards, telephone business directories (such as the Yellow Pages), newspaper advertisements, magazine advertisements, or vehicular identification or advertisements.
3 Del. C. § 8542 — Delaware Code / Title 3 / Chapter 85 / Subchapter IV / Section 8542
§ Â
        8542. Permissive provisions of marketing contracts.
Status: in_force

Contracts with stockholders or other patrons may provide that the association may:

(1) Blend proceeds of sales in one or more or all markets, and equalize returns among all stockholders and other patrons in such markets;

(2) Establish pools and, in the case of milk, a base rating plan or any plan for production control;

(3) Collect the proceeds of the sales of such products or commodities direct from the buyer thereof, and this authority shall be coupled with an interest in favor of the association and the other patrons which is irrevocable by the stockholder or patron as long as the contract is in effect;

(4) Make, or permit the buyer to make, such deductions from the proceeds of the sales or products or commodities and the payment therefor to the association as are provided in the contract, and such authority shall be coupled with an interest in favor of the association and the other patrons which is irrevocable by the stockholder or patron as long as the contract is in effect.
3 Del. C. § 3132 — Delaware Code / Title 3 / Chapter 31 / Subchapter III / Section 3132
§ Â
        3132. Specifications for standard Babcock testing glassware.
Status: in_force

The term “standard Babcock testing glassware” applies to glassware and weights complying with the following specifications:

(1) Standard milk test bottles. —

Graduation. — The total per centum graduation shall be 8. The graduated portion of the neck shall have a length of not less than 63.5 millimeters (2 ½ inches). The graduation shall represent whole percent, .5 percent, and tenths percent. The tenths percent graduation shall not be less than 3 millimeters in length; the .5 percent graduations shall be 1 millimeter longer than the tenths percent graduation, projecting 1 millimeter to the left. The whole percent graduations shall extend at least one-half way around the neck to the right and projecting 2 millimeters to the left of the tenths percent graduations. Each percent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed .1 percent.

Neck. — The neck shall be cylindrical, and the cylindrical shape shall extend for at least 9 millimeters below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 millimeters.

Bulb. — The capacity of the bulb up to the junction of the neck shall not be less than 45 cubic centimeters. The shape of the bulb may be either cylindrical, or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between 34 and 36 millimeters; if conical, the outside diameter of the base shall be between 31 and 33 millimeters and the maximum diameter between 35 and 37 millimeters.

Charge. — The charge of the bottle shall be 18 grams.

Height. â The total height of the bottle shall be between 150 and 165 millimeters (5ââ  and 6âÂ½ inches).

(2) Standard cream test bottles. —

Three types of bottles shall be accepted as standard cream test bottles; a 50 percent, 9 gram, short-neck bottle; a 50 percent, 9 gram, long-neck bottle; and a 50 percent, 18 gram, long-neck bottle.

Fifty percent, 9 gram, short-neck bottles:

Graduation. — The total percent graduation shall be 50. The graduated portion of the neck shall have a length of not less than 63.5 millimeters (2 ½ inches). The graduation shall represent 5 percent, 1 percent, and .5 percent. The 5 percent graduation shall extend at least half way around the neck to the right. The .5 percent graduation shall be at least 3 millimeters in length, and the 1 percent graduation shall have a length intermediate between the 5 percent and the .5 percent graduations. Each 5 percent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed .5 percent.

Neck. — The neck shall be cylindrical, and the cylindrical shape shall extend at least 9 millimeters below the lowest, and 9 millimeters above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 millimeters.

Bulb. — The capacity of the bulb up to the junction of the neck shall not be less than 45 cubic centimeters. The shape of the bulb may be either cylindrical, or conical, with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between 34 and 36 millimeters; if conical, the outside diameter of the base shall be between 31 and 33 millimeters, and the maximum diameter between 35 and 37 millimeters.

Charge. — The charge of the bottle shall be 9 grams. All bottles shall bear on top of the neck, above the graduations, in plainly legible characters, a mark defining the weight of the charge to be used (9 grams).

Height. â The total height of the bottle shall be between 150 and 165 millimeters (5ââ  and 6âÂ½ inches), which is the same as standard milk test bottles.

Fifty percent, 9 grams, long-neck bottles:The term “standard Babcock testing glassware” applies to glassware and weights complying with the following specifications:

(1) Standard milk test bottles. —

Graduation. — The total per centum graduation shall be 8. The graduated portion of the neck shall have a length of not less than 63.5 millimeters (2 ½ inches). The graduation shall represent whole percent, .5 percent, and tenths percent. The tenths percent graduation shall not be less than 3 millimeters in length; the .5 percent graduations shall be 1 millimeter longer than the tenths percent graduation, projecting 1 millimeter to the left. The whole percent graduations shall extend at least one-half way around the neck to the right and projecting 2 millimeters to the left of the tenths percent graduations. Each percent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed .1 percent.

Neck. — The neck shall be cylindrical, and the cylindrical shape shall extend for at least 9 millimeters below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 millimeters.

Bulb. — The capacity of the bulb up to the junction of the neck shall not be less than 45 cubic centimeters. The shape of the bulb may be either cylindrical, or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between 34 and 36 millimeters; if conical, the outside diameter of the base shall be between 31 and 33 millimeters and the maximum diameter between 35 and 37 millimeters.

Charge. — The charge of the bottle shall be 18 grams.

Height. — The total height of the bottle shall be between 150 and 165 millimeters (5   and 6 ½ inches).

(2) Standard cream test bottles. —

Three types of bottles shall be accepted as standard cream test bottles; a 50 percent, 9 gram, short-neck bottle; a 50 percent, 9 gram, long-neck bottle; and a 50 percent, 18 gram, long-neck bottle.

Fifty percent, 9 gram, short-neck bottles:

Graduation. — The total percent graduation shall be 50. The graduated portion of the neck shall have a length of not less than 63.5 millimeters (2 ½ inches). The graduation shall represent 5 percent, 1 percent, and .5 percent. The 5 percent graduation shall extend at least half way around the neck to the right. The .5 percent graduation shall be at least 3 millimeters in length, and the 1 percent graduation shall have a length intermediate between the 5 percent and the .5 percent graduations. Each 5 percent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed .5 percent.

Neck. — The neck shall be cylindrical, and the cylindrical shape shall extend at least 9 millimeters below the lowest, and 9 millimeters above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 millimeters.

Bulb. — The capacity of the bulb up to the junction of the neck shall not be less than 45 cubic centimeters. The shape of the bulb may be either cylindrical, or conical, with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between 34 and 36 millimeters; if conical, the outside diameter of the base shall be between 31 and 33 millimeters, and the maximum diameter between 35 and 37 millimeters.

Charge. — The charge of the bottle shall be 9 grams. All bottles shall bear on top of the neck, above the graduations, in plainly legible characters, a mark defining the weight of the charge to be used (9 grams).

Height. — The total height of the bottle shall be between 150 and 165 millimeters (5   and 6 ½ inches), which is the same as standard milk test bottles.

Fifty percent, 9 grams, long-neck bottles:

The same specifications in every detail as specified for the 50 percent, 9 grams, short-neck bottle, shall apply for the long-neck bottle, with the exception, however, that the total height of this bottle shall be between 210 and 235 millimeters (8 ¼ and 8   inches), and that the total length of the graduation shall not be less than 120 millimeters.

Fifty percent, 18 grams, long-neck bottles:

The same specifications in every detail as specified for the 50 percent, 9 grams, long-neck bottles, except that the charge of the bottle shall be 18 grams. All bottles shall bear, on the top of the neck, above the graduation, in plainly legible characters, a mark defining the weight of the charge to be used (18 grams).

(3) The standard Babcock pipette. —

Total length of pipette, not more than 330 millimeters (13 ¼ inches). Outside diameter of suction tube, 6 to 8 millimeters.

Length of suction tube, 130 millimeters. Outside diameter of delivery tube, 4.5 to 5.5 millimeters. Length of delivery tube, 100 to 120 millimeters. Distance of graduation mark above bulb, 30 to 60 millimeters. Nozzle, straight. Delivery, 17.6 cubic centimeters of water at 20° Centigrade in 5 to 8 seconds.

(4) Standard weights. —

The standard weights shall be of 9 grams and 18 grams denominations.e of the bottle shall be 9 grams. All bottles shall bear on top of the neck, above the graduations, in plainly legible characters, a mark defining the weight of the charge to be used (9 grams).

Height. â The total height of the bottle shall be between 150 and 165 millimeters (5ââ  and 6âÂ½ inches), which is the same as standard milk test bottles.

Fifty percent, 9 grams, long-neck bottles:

The same specifications in every detail as specified for the 50 percent, 9 grams, short-neck bottle, shall apply for the long-neck bottle, with the exception, however, that the total height of this bottle shall be between 210 and 235 millimeters (8âÂ¼ and 8ââ  inches), and that the total length of the graduation shall not be less than 120 millimeters.

Fifty percent, 18 grams, long-neck bottles:

The same specifications in every detail as specified for the 50 percent, 9 grams, long-neck bottles, except that the charge of the bottle shall be 18 grams. All bottles shall bear, on the top of the neck, above the graduation, in plainly legible characters, a mark defining the weight of the charge to be used (18 grams).

(3) The standard Babcock pipette. —

Total length of pipette, not more than 330 millimeters (13 ¼ inches). Outside diameter of suction tube, 6 to 8 millimeters.

Length of suction tube, 130 millimeters. Outside diameter of delivery tube, 4.5 to 5.5 millimeters. Length of delivery tube, 100 to 120 millimeters. Distance of graduation mark above bulb, 30 to 60 millimeters. Nozzle, straight. Delivery, 17.6 cubic centimeters of water at 20° Centigrade in 5 to 8 seconds.

(4) Standard weights. —

The standard weights shall be of 9 grams and 18 grams denominations.
3 Del. C. § 1218 — Delaware Code / Title 3 / Chapter 12 / Subchapter III / Section 1218
§ Â
        1218. Same â Procedure.
Status: in_force

(a) The Department, by regulation, shall provide for a certification procedure. Such procedure shall consist, in part, of an application and examination, except that the examination requirement may be waived in part or whole by the Department on a reciprocal basis with any other state which has substantially the same standards.

(b) The Department shall by regulation require an annual certification fee for commercial applicators.
3 Del. C. § 2503 — Delaware Code / Title 3 / Chapter 25 / Section 2503
§ Â
        2503. Dealers licensed annually.
Status: in_force

Every dealer in agricultural products proposing to transact business with producers and/or auction markets in this State shall file a written application for a license or for the renewal of a license with the Department. The application shall be on a form furnished by the Department and shall contain the following information along with such other information as the Department shall require: (1) The name and address of the applicant and that of its local agents, if any, and the location of its principal place of business; (2) the kinds of agricultural products the applicant proposes to handle; (3) the type of produce business proposed to be conducted. All licenses shall expire on March 31 of each year.
3 Del. C. § 1703 — Delaware Code / Title 3 / Chapter 17 / Section 1703
§ Â
        1703. Definitions of words and terms.
Status: in_force

When used in this chapter:

(1) “Brand name” means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.

(2) “Commercial feed” means all materials or combination of materials which are distributed for the use as feed or for mixing in feed, for animals and cultured aquatic stock other than man except:

a. Unmixed or unprocessed whole seeds and meals made directly from the entire seed;

b. Unground hay, straw, stover, silage, cobs, husks, and hulls when not mixed with other materials;

c. Individual chemical compounds when not mixed with other materials.

(3) “Contract feeder” means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished or otherwise provided to such person and whereby such person’s remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product.

(4) “Customer-formula feed” means a mixture of commercial feeds or materials each batch of which mixture is mixed according to the specific instructions of the final purchaser, or contract feeder.

(5) “Distribute” means to offer for sale, sell, or barter, commercial feed or customer-formula feed; or to supply, furnish or otherwise provide commercial feed or customer-formula feed to a contract feeder.

(6) “Distributor” means any person who distributes pursuant to paragraph (5) of this section.

(7) “Drug” means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and articles other than commercial feed intended to affect the structure or any function of the animal body.

(8) “Feed ingredient” means each of the constituent materials making up a commercial feed.

(9) “Label” means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed or customer-formula feed is distributed.

(10) “Manufacture” means to grind, mix, or blend, or further process a commercial or customer-formula feed for distribution.

(11) “Medicated feed” means any feed which contains drug ingredients intended or presented for the cure, mitigation, treatment, or prevention of diseases of animals other than man or which contains drug ingredients intended to affect the structure or any function of the body of animals other than humans.

(12) “Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

(13) “Official sample” means any sample of feed taken by the Department or its agent and designated as “official” by the Department.

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

(15) “Person” means an individual, partnership, corporation, association, and other entities.

(16) “Pet” means dog or cat.

(17) “Pet food” means any commercial feed prepared and distributed for consumption by pets.

(18) “Product name” means the name of the commercial feed which identifies it as to kind, class or specific use and distinguishes it from all other products bearing the same brand name.

(19) “Quantity statement” means the net weight (mass), liquid measure, or count.

(20) “Sell” or “sale” includes exchange.

(21) “Specialty pet” means any animal normally maintained in a household, such as, but not limited to, rodents, ornamental birds, ornamental fish, reptiles, and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.

(22) “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets.

(23) “Supplement” means a feed used with another to improve the nutritive balance or performance of the total.

(24) “Ton” means a net weight of 2,000 pounds avoirdupois.
3 Del. C. § 915 — Delaware Code / Title 3 / Chapter 9 / Subchapter III / Section 915
§ Â
        915. Procedure for acquisition easements.
Status: in_force

The Foundation shall adopt, after public hearing, a uniform procedure for acquiring agricultural lands preservation easements. The procedure adopted by the Foundation may incorporate bidding and/or negotiation as part of the procurement process. The Foundation shall be entitled to establish separate methods or incentives to facilitate the 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. § 905 — Delaware Code / Title 3 / Chapter 9 / Subchapter I / Section 905
§ Â
        905. Delaware Farmland Preservation Fund.
Status: in_force

(a) The Delaware Farmland Preservation Fund is created and shall be maintained, administered, operated and supervised by the Foundation to implement the provisions of this chapter.

(b) All moneys received by the Foundation or designated for deposit into the Fund shall be placed in such accounts established by and for the use of the Foundation. To the extent moneys in the Fund are not needed on a current basis, the Foundation shall be entitled to invest such moneys on a long-term or short-term basis; provided, however, that the policies governing any such investment of moneys by the Foundation shall be subject to the approval of the Cash Management Policy Board.

(c) All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of the State are authorized to do business with the Foundation and to give security for the safekeeping and prompt payment of moneys of the Foundation deposited by it with them. The Foundation shall be entitled to establish such accounts as deemed appropriate for the conduct of its business.
3 Del. C. § 10170 — Delaware Code / Title 3 / Chapter 101 / Subchapter IV / Section 10170
§ Â
        10170. Tax enforcement.
Status: in_force

The Director of the Division of Revenue shall enforce the administration of taxes provided for in this chapter in §§ 10123, 10165 or any other applicable section of this chapter.
3 Del. C. § 7705 — Delaware Code / Title 3 / Chapter 77 / Section 7705
§ Â
        7705. Exceptions.
Status: in_force

This chapter shall not apply to livestock in the care of a drover using due diligence in the control thereof, or to livestock which accidentally escapes from the care of the drover. Proof of these circumstances shall always be admitted so that no injustice to the owners be inflicted in consequence thereof.
3 Del. C. § 1311 — Delaware Code / Title 3 / Chapter 13 / Section 1311
§ Â
        1311. Hearing procedures.
Status: in_force

(a) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture and the Secretary’s designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29. The Secretary or the Secretary’s designee shall issue a written decision to the alleged violator within 30 days of the conclusion of the administrative hearing.

(b) The Department shall notify in writing the person charged with a violation of this chapter of the date and time of the administrative hearing. The person charged with a violation of this chapter has the right to appear in person, to be represented by counsel, and to provide witnesses in the person’s own behalf.

(c) The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter.

(d) The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested on payment to the Department of the cost of preparing such transcript.
3 Del. C. § 1101 — Delaware Code / Title 3 / Chapter 11 / Section 1101
§ Â
        1101. Definitions.
Status: in_force

The following words shall, for purposes of this chapter, be defined as follows:

(1) “Agriculture” — the production of plants and animals useful to humans, including all forms of farm products and farm production.

(2) “Biological control agent(s)” — any living organism which because of its parasitic, predatory or other biological characteristics, may be effective in the suppression or control of pests or plant pests.

(3) “Control (of a pest)” — to curb or hold in check and includes, but is not limited to, abatement, containment, eradication, extermination or suppression.

(4) “Dangerously injurious plant pest” — a plant pest that constitutes a significant threat to the agricultural, forest or horticultural interests of this State, or the State’s general environmental quality.

(5) “Department” — the State of Delaware Department of Agriculture and its officers, inspectors, employees, agents or representatives.

(6) “Environment” — the land, air, water, animals, plants and other natural resources of the State, as they interact with or are affected by pests or plant pests.

(7) “Horticultural product” — those products stated in Group 18 of the United States Department of Labor Standard Industrial Classification Manual which are grown under cover or outdoors, including bulbs, flowers, shrubbery, florist greens, ferns, fruit stock, floral products, nursery stock, ornamental plants, potted plants, house plants, roses, seed, Christmas trees, fruits, food crops grown in greenhouses, vegetables and horticultural specialties not otherwise specified.

(8) “Infected” — a plant that has been determined by the Department to be contaminated with an infectious, transmissible or contagious plant pest or so exposed to the aforementioned that contamination can reasonably be expected to exist. This includes disease conditions, regardless of their mode of transmission, or any disorder of plants which manifest symptoms which, after investigation are determined by a federal or state pest prevention agency, to be characteristic of an infectious, transmissible or contagious disease.

(9) “Infested” — a plant that has been determined by the Department to be contaminated by a dangerously injurious plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist.

(10) “Mark” — to affix, for purposes of identification or separation, a conspicuous official indicator to, on, around or near, plants or plant material known or suspected to be infected or infested with or by a dangerously injurious plant pest. This includes, but is not limited to, paint, markers, tags, seals, stickers, tape, signs or placards.

(11) “Owner(s)” — includes, but is not limited to, the person, persons, family, group, firm, association, business, company, incorporated entity or organization with the legal right of possession, proprietorship of or responsibility for the property or place where any of the regulated articles defined in this chapter are to be found, or person(s) who are in possession of, in proprietorship of or have responsibility for the regulated articles.

(12) “Person(s)” — includes, but is not limited to, individual, family, group, firm, association, business, company, incorporated entity or organization.

(13) “Pest” — includes any biotic agent that is known to cause damage or harm to agriculture or the environment.

(14) “Plant” — includes, but is not limited to, any part of a plant, tree, aquatic plant, plant product, shrub, vine, fruit, rhizome, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit pit, including:

a. Agricultural commodities — plant products including any horticultural product.

b. Crop seed — the seed or seedlike fruit of grain, vegetables, fruits or fiber plants, or any other crop whether or not it is intended for planting purposes.

c. Farm product — every agricultural, horticultural, viticultural and vegetable product of the soil, bees and apiary products, hay, dried beans, honey and cut flowers.

d. Nursery stock — any plant for planting, propagation or ornamentation.

e. Noncultivated or feral plants gathered from the environment.

f. Plants produced by tissue culture, cloning or from stem cell cultures or other prepared media culture.

(15) “Plant Pest” — includes, but is not limited to, any pest of plants, agricultural commodities, crop seed, farm products, horticultural products, nursery stock or noncultivated plants. This includes, but is not limited to, insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like organisms, weeds, plants or parasitic higher plants.

(16) “Quarantine” — a legal instrument duly imposed or enacted by the Department as a means for mitigating pest risk. These actions include, but are not limited to, confinement or restriction of entry, movement, shipment or transportation of plants known or suspected to be infected or infested with some dangerously injurious plant pests.

(17) “Secretary” — the Secretary of the State of Delaware Department of Agriculture or his or her designee.

(18) “Tenant(s)” — includes, but is not limited to, the person, persons, family, group, firm, association, business, company, incorporated entity or organization which rents or sublets, with the landlord’s consent, the property or place where regulated articles, as defined in this chapter, are to be found.
3 Del. C. § 3178 — Delaware Code / Title 3 / Chapter 31 / Subchapter VI / Section 3178
§ Â
        3178. Raw milk permit [For application of this section, see 84 Del. Laws, c. 434, Â 4].
Status: in_force

(a) The Department shall establish a raw milk permit. A raw milk permit allows a raw milk permit holder to sell or distribute raw milk or products derived from raw milk directly to a consumer within this State under the conditions listed in § 3179 of this title.

(b) The Department shall issue a raw milk permit to an applicant after the Department has received, reviewed, and approved a permit application from the applicant. A raw milk permit is valid for 1 year, unless revoked or suspended by the Department, and may be renewed.

(c) The Department may revoke or suspend a permit for failure to comply with this subchapter. The process for suspending or revoking a permit must comply with the administrative procedures under subchapter III of Chapter 101 of Title 29.
3 Del. C. § 3170 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3170
§ Â
        3170. Bonds, collateral, etc., deposited with State Treasurer.
Status: in_force

All bonds, together with any moneys, or securities given as collateral therefor, received by the Department of Agriculture from milk dealers pursuant to the provisions of this subchapter, shall be transmitted by the Department to the State Treasurer for safekeeping subject to withdrawal in whole or in part at any time by the Department.
3 Del. C. § 8703 — Delaware Code / Title 3 / Chapter 87 / Section 8703
§ Â
        8703. Definitions.
Status: in_force

When used in this chapter:

(1) “Secretary” means the Secretary of Agriculture or the Secretary’s delegate.

(2) “Person” includes any individual, partnership, corporation, association, or other business unit, and any officer, agent or employee thereof.

(3) “Broker” means any person engaged in the business of buying or selling livestock products or poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for such broker’s own account or as an employee of another person.

(4) “Renderer” means any person engaged in the business of rendering livestock or poultry carcasses, or parts or products of such carcasses, except rendering conducted under inspection or exemption under this chapter.

(5) “Animal food manufacturer” means any person engaged in the business of preparing animal (including poultry) food derived wholly or in part from livestock or poultry carcasses or parts or products of such carcasses.

(6) “Intrastate commerce” means commerce within this State.

(7) “Livestock” means any cattle, sheep, swine, goats, horses, mules or other equines, whether live or dead.

(8) “Livestock product” means any carcass, part thereof, meat, or meat food product of any livestock.

(9) “Meat food product” means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Secretary under such conditions as the Secretary may prescribe to assure that the meat or other portions of such carcass contained in such product are not adulterated and that such products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this subdivision with respect to cattle, sheep, swine, and goats.

(10) “Poultry” means any domesticated bird, whether live or dead.

(11) “Poultry product” means any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Secretary from definition as a poultry product under such conditions as the Secretary may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.

(12) “Capable of use as human food” shall apply to any livestock or poultry carcass, or part or product of any such carcass, unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or it is naturally inedible by humans.

(13) “Prepared” means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed.

(14) “Adulterated” shall have the meaning set forth in § 8704 of this title.

(15) “Misbranded” shall have the meaning set forth in § 8705 of this title.

(16) “Label” includes display of written, printed, or graphic matter upon any article or the immediate container (not including package liners) of any article.

(17) “Labeling” includes all labels and other written, printed, or graphic matter (a) upon any article or any of its containers or wrappers, or (b) accompanying such article.

(18) “Container” or “package” includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.

(19) “Shipping container” includes any container used or intended for use in packaging the product packed in an immediate container.

(20) “Immediate container” includes any consumer package; or any other container, not consumer package, in which livestock products or poultry products, are packed.

(21) “Federal Meat Inspection Act” means the act so entitled approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584) [21 U.S.C. § 601 et seq.]; the term “federal Poultry Products Inspection Act” means the act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791) [21 U.S.C. § 451 et seq.]; and the term “federal acts” means these 2 federal laws.

(22) “Federal Food, Drug, and Cosmetic Act” means the act so entitled, approved June 25, 1938 (52 Stat. 1040) [21 U.S.C. § 301 et seq.], and acts amendatory thereof or supplementary thereto.

(23) “Pesticide chemical,” “food additive,” “color additive,” and “raw agricultural commodity” shall have the same meanings for purposes of this chapter as under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 321].

(24) “Official mark” means the official inspection legend or any other symbol prescribed by regulations of the Secretary to identify the status of any article or livestock or poultry under this chapter.

(25) “Official inspection legend” means any symbol prescribed by regulations of the Secretary showing that an article was inspected and passed in accordance with this chapter.

(26) “Official certificate” means any certificate prescribed by regulations of the Secretary for issuance by an inspector or other person performing official functions under this chapter.

(27) “Official device” means any device prescribed or authorized by the Secretary for use in applying any official mark.

(28) “Official establishment” means any establishment as determined by the Secretary at which inspection of the slaughter of livestock or poultry or the preparation of livestock products or poultry products is maintained under the authority of this chapter.

(29) “Inspector” means an employee or official of the Department authorized by the Secretary or any employee or official of the government of any county or other governmental subdivision of this State, authorized by the Secretary to perform any inspection functions under this chapter under an agreement between the Secretary and such governmental subdivision.

(30) “Reinspection” includes inspection of the preparation of livestock products and poultry products, as well as reexamination of articles previously inspected.
3 Del. C. § 1108 — Delaware Code / Title 3 / Chapter 11 / Section 1108
§ Â
        1108. Violations and hearing procedures.
Status: in_force

(a) Failure to comply with this chapter shall result in the assessment of a civil penalty.

(b) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or the Secretary’s designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29. The Secretary or the Secretary’s designee shall mail a written decision to the alleged violator within 30 days after the conclusion of the administrative hearing. Failure to comply with the 30-day period shall have no effect on the Secretary’s decision.

(c) The person(s) charged with a violation of this chapter will be notified in writing of the date and time of the aforementioned administrative hearing. The aforementioned person(s) shall have the right to appear in person, to be represented by counsel and to provide witnesses in the person’s own behalf.

(d) The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter.

(e) The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested person.
3 Del. C. § 1305 — Delaware Code / Title 3 / Chapter 13 / Section 1305
§ Â
        1305. Shipping, labeling, and certification requirements.
Status: in_force

(a) No person(s) shall sell, ship or give away, by private carrier, commercial carrier or any other means, any plants, plant materials or nursery stock from any nursery, business, or premises within the State, without an accompanying nursery inspection certificate as prescribed in § 1303 of this title. The aforementioned information shall be plainly printed upon a tag, label, etc. that is not easily destroyed, which shall be firmly affixed on the exterior and in a conspicuous position upon each carload, box, container, package, etc. It is the responsibility of both the consignee and consignor to contact the Department to obtain a current nursery inspection certificate and to examine all shipments for the presence of all certification requirements.

(b) Any person(s) or consignor who ships or moves plants, plant material or nursery stock out of state or internationally by private carrier, commercial shipper, or any other means, is required to contact the Department to obtain the phytosanitary certifications required by the consignee’s location. When the Department finds the aforementioned shipment in compliance with the consignee’s location phytosanitary requirements, it will issue the required phytosanitary certificate to the consignor. The consignor shall conspicuously affix a copy of the phytosanitary certificate to the exterior of each carload, box, container, package, etc. It is the responsibility of both the consignee and consignor to contact the Department to obtain the necessary phytosanitary certificates and to examine all shipments for the presence of all required certifications.

(c) When applicable, all shipping containers must be conspicuously and appropriately marked on the exterior as to whether contents must be held for agricultural inspection or whether the contents have been precleared by the Department, under the terms of a preclearance or interstate origin of inspection program (phytosanitary preclearance). It is the responsibility of both the consignee and consignor to obtain all required preclearances and to examine all shipments for the presence of all required certifications.
3 Del. C. § 2202 — Delaware Code / Title 3 / Chapter 22 / Subchapter I / Section 2202
§ Â
        2202. Definitions.
Status: in_force

For the purposes of this chapter:

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

(2) “Animal unit” shall be as defined by the United States Department of Agriculture.

(3) “Applicant” means any person seeking a certificate from the Commission.

(4) “Best management practices” means those practices that have been identified as such by the Commission.

(5) “CAFO NPDES Program” means a regulatory program to issue a National Pollution Discharge Elimination System (NPDES) permit to a Concentrated Animal Feeding Operation (CAFO) in this State, and to undertake related activities. The CAFO NPDES Program is established pursuant to, among other authorities, the Clean Water Act [33 U.S.C. § 1251 et seq.] and Memorandum of Understanding between the Delaware Department of Natural Resources and Environmental Control (DNREC) and the Environmental Protection Agency (EPA) dated May 4, 1983, as amended.

(6) “Certification” means the recognition by the DNMC that a person has met the qualification standards established by the DNMC and has been issued a written certificate authorizing such person to perform certain functions.

(7) “Commercial processor” means an individual, partnership, corporation, association or other business unit that controls, through contracts, vertical integration or other means, several stages of production and marketing of any agricultural commodity.

(8) “Commission” or “DNMC” means the Delaware Nutrient Management Commission.

(9) “Commissioner” means a member of the DNMC.

(10) “Critical area targets” means watersheds, subwatersheds or sectors where water quality conditions merit special attention, where resources should be directed and for which incentives should be provided.

(11) “Crop rotation” means a series of crops grown in succession on a field, not to exceed 3 years.

(12) “Environmental coordinator” means an employee of the Department of Agriculture who acts on behalf of the Commission as a liaison between the Commission and persons against whom a complaint for a violation of this chapter or Commission regulation has been brought.

(13) “Fertility index value” or “FIV” is equivalent to the measured Mehlich 3 soil test phosphorus concentration in parts per million (ppm).

(14) “High phosphorus soil” means soil with a soil test phosphorous exceeding 150 FIV.

(15) “Nutrient management plan” or “plan” means a plan by a certified nutrient consultant to manage the amount, placement, timing and application of nutrients in order to reduce nutrient loss or runoff and to maintain the productivity of soil when growing agricultural commodities and turfgrass.

(16) “Nutrients” means nitrogen, nitrate, phosphorus, organic matter and any other elements necessary for or helpful to plant growth.

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

(18) “Phosphorus site index” or “PSI” mean the current field-scale phosphorus risk assessment tool developed and maintained by the University of Delaware and approved by the Delaware Nutrient Management Commission. The PSI score is categorized as “low,” “medium,” “high,” or “very high,” based on agricultural and environmental parameters.

(19) “Program administrator” or “NMPA” means the 1 exempt employee of the Department of Agriculture who is responsible for the operation of the State Nutrient Management Program.

(20) “Secretary” means the Secretary of the Delaware Department of Agriculture or the Secretary’s designee.

(21) “State nutrient management program” or “SNMP” means all the program elements developed by the Commission, including, but not limited to, establishing critical areas for targeting programs, establishing best management practices to reduce nutrient losses, developing educational and certification programs, developing nutrient management plan requirements, developing incentive programs that encourage compliance, making recommendations for transportation of nutrients, and determining appropriate alternative uses.

(22) “Turf” means residential, commercial, and publicly-owned land that is planted in closely-mowed and managed grass. Turf does not include athletic fields, golf courses, or land used in the production for sale of sod or seed.
3 Del. C. § 2119 — Delaware Code / Title 3 / Chapter 21 / Section 2119
§ Â
        2119. Hearing required.
Status: in_force

If, after notification by the Secretary of the Department’s order penalizing any person under §§ 2108 and 2114 of this title, denying registration under § 2104 of this title, or cancelling registration under § 2115 of this title, any aggrieved person shall so demand in writing, the Secretary shall hold a hearing. At such hearing a record shall be kept of all evidence and testimony, which shall be under oath, and of the Secretary’s findings and decisions. Based on the evidence presented and the law set forth in this chapter, as well as regulations adopted pursuant thereto, the Secretary shall affirm, revoke or modify the Department’s original order.
3 Del. C. § 2123 — Delaware Code / Title 3 / Chapter 21 / Section 2123
§ Â
        2123. Cooperation with other entities.
Status: in_force

The Department may cooperate and enter into agreements with governmental agencies of this State, other states, and agencies of the federal government in order to carry out the purpose and provisions of this chapter.
3 Del. C. § 1056 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1056
§ Â
        1056. Prohibitions.
Status: reserved

No person shall cut or permit to be cut any pine or yellow-poplar tree or seedling required to be reserved for reseeding or planted under a reforestation plan or perform any act or permit any act to be performed which prevents reseeding or reforestation of any area in which a cutting operation has been conducted.
3 Del. C. § 10047 — Delaware Code / Title 3 / Chapter 100 / Subchapter III / Section 10047
§ Â
        10047. Failure of licensee to pay tax on admissions; penalty.
Status: in_force

(a) Whoever, being a licensee, fails or refuses to pay the amount found to be due by the Department of Finance as the tax on admissions shall be fined not more than $28,750 in addition to the amount due the Department of Finance.

(b) All fines up to the amount found to be due the Department of Finance and paid into court by a licensee found guilty of violating this section shall be transmitted and paid over by the clerk of the court to the Department of Finance.
3 Del. C. § 1110 — Delaware Code / Title 3 / Chapter 11 / Section 1110
§ Â
        1110. Civil penalties.
Status: in_force

(a) Any person who interferes with the Department in the enforcement of this chapter, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count.

(b) Any person who is not a Department employee or its authorized representative who removes markings placed by the Department for the purpose of identification of plants infested or infected by dangerous injurious plant pests is interfering with the Department’s enforcement of this chapter, as determined in an administrative hearing, and shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count.

(c) Any person who wilfully or knowingly violates a quarantine duly imposed by the Department, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count.

(d) Any person(s) who willfully or knowingly ships plant pests or biological control agents without the knowledge of the Department, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count.

(e) Any person(s) who refuses to comply with this chapter shall be assessed a civil penalty of no less than $100 nor more than $1,000 for each infested or infected unit of plants or plant material.

(f) The payment of penalties assessed under this chapter may be made on a payment schedule approved by the Secretary.
3 Del. C. § 1309 — Delaware Code / Title 3 / Chapter 13 / Section 1309
§ Â
        1309. Reciprocal agreements.
Status: in_force

The Department shall have the authority to make reciprocal agreements with the responsible officials of other states. Nursery stock or plants from any other state may be sold or delivered in this State under the same conditions required for sale, delivery, or distribution of Delaware nursery stock or plant materials. An official directory of certified nurseries and related nursery businesses must be accepted from other states in lieu of individual nursery licenses or certificates.
3 Del. C. § 949 — Delaware Code / Title 3 / Chapter 9 / Subchapter VI / Section 949
§ Â
        949. Secretaryâs veto.
Status: in_force

With respect to any loan application approved by the Foundation under this subchapter, the Secretary shall be entitled to veto any such approval at the time that the approval is granted. In the event the Secretary fails to exercise the veto power at the meeting at which the approval is granted, the veto power shall be deemed waived.
3 Del. C. § 8225 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8225
§ Â
        8225. Performance measurement.
Status: in_force

Transferred to § 3021F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 8213 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8213
§ Â
        8213. Court jurisdiction.
Status: in_force

Justices of the peace shall have jurisdiction of all offenses under this chapter.
3 Del. C. § 1201 — Delaware Code / Title 3 / Chapter 12 / Subchapter I / Section 1201
§ Â
        1201. Declaration of purpose.
Status: in_force

The purposes of this chapter are:

(1) To regulate the sale, use and application of pesticides in the interest of the overall public welfare;

(2) To protect the consumer by requiring that pesticides sold in this State be correctly labeled with warnings and adequate directions for use; and

(3) To restrict the use of any pesticides which are found to be so hazardous to people or to the environment that restrictions are necessary in the overall public interest, weighing the benefits and the risks of that use.
3 Del. C. § 2102 — Delaware Code / Title 3 / Chapter 21 / Section 2102
§ Â
        2102. Enforcing agency.
Status: in_force

This chapter shall be administered by the State Department of Agriculture of the State, hereinafter referred to as the Department.
3 Del. C. § 10123 — Delaware Code / Title 3 / Chapter 101 / Subchapter II / Section 10123
§ Â
        10123. Application and license fees.
Status: in_force

(a) Any person, upon applying to the Commission for a license to conduct a racing meet within this State during any calendar year, shall, at the time of making the application, pay to the Secretary of the Department of Finance a fee of $3,000.

(b) Any person who is granted a license by the Commission to conduct a racing meet within this State during any calendar year shall, at the time the license is granted, pay to the Secretary of the Department of Finance an additional fee of $2,000.
3 Del. C. § 7307 — Delaware Code / Title 3 / Chapter 73 / Subchapter I / Section 7307
§ Â
        7307. Condemnation and disposal of cattle reacting to tuberculin test.
Status: in_force

Cattle which have reacted to the tuberculin test or show marked diagnostic symptoms of tuberculosis shall be condemned and disposed of as directed by the Department of Agriculture. Owners of cattle that have reacted to the tuberculin test or that have been condemned by a representative of the Department of Agriculture or of the United States Bureau of Animal Industry may dispose of the animals in such ways as shall be approved by the Department of Agriculture and may receive for them their salvage value.
3 Del. C. § 2601 — Delaware Code / Title 3 / Chapter 26 / Section 2601
§ Â
        2601. Commercial forest plantation.
Status: in_force

(a) A commercial forest plantation within the meaning and purpose of this chapter is a contiguous area of land of not less than 10 acres upon which the owner proposes to develop and maintain a forest either through planting or natural reproduction or both, to produce timber, pulpwood, poles, sawtimber or other wood products. Such land shall at the time of listing as a commercial forest plantation actually carry sufficient forest growth of suitable character and so distributed as to give reasonable assurance that a stand of merchantable timber will develop therefrom, as determined by the State Forester. The intent and purpose of this section is to exclude from classification as a commercial forest plantation land planted as a nursery, as an orchard, or for ornamental purposes.

(b) Any landowner who establishes a commercial forest plantation, as defined in this chapter, and otherwise complies with this chapter shall be entitled to a 30-year exemption from county property taxes on such plantation.
3 Del. C. § 2101 — Delaware Code / Title 3 / Chapter 21 / Section 2101
§ Â
        2101. Title.
Status: in_force

This chapter shall be known as the Delaware Commercial Fertilizer and Soil Conditioner Law of 2021.
3 Del. C. § 10210 — Delaware Code / Title 3 / Chapter 102 / Section 10210
§ Â
        10210. Administration and management.
Status: in_force

(a) The Compact Committee shall elect annually from among its members a chairperson, a vice-chairperson, and a secretary/treasurer.

(b) The Compact Committee shall adopt bylaws for the conduct of its business by a two-thirds vote of the total number of officials (or their alternates) on the committee at that time and shall have the power by the same vote to amend and rescind these bylaws. The committee shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendments thereto with the Secretary of State or equivalent agency of each of the party states.

(c) The Compact Committee may delegate the day-to-day management and administration of its duties and responsibilities to an executive director and the executive director’s other support staff.

(d) Employees of the Compact Committee shall be considered governmental employees.
3 Del. C. § 2002 — Delaware Code / Title 3 / Chapter 20 / Section 2002
§ Â
        2002. Notice requirements.
Status: in_force

(a) Except as provided in subsection (c) of this section, when this State or a political subdivision of this State seeks bids to lease State-owned agricultural land for either a short-term or long-term lease period, notice of the request for bids must be provided to the Delaware Farm Bureau, or successor of that organization, to be distributed or made available to farmers.

(b) The notice requirement under subsection (a) of this section is in addition to any other notice required for procurement of bids to lease land owned by this State or a political subdivision of this State under Delaware or local law, ordinance, or regulation.

(c) The notice requirement under subsection (a) of this section does not apply to the renewal of an existing lease when the tenant remains the same.
3 Del. C. § 2800 — Delaware Code / Title 3 / Chapter 28 / Section 2800
§ Â
        2800. Short title.
Status: in_force

This act shall be known and may be cited as the “Industrial Hemp Research Act.”
3 Del. C. § 8215 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8215
§ Â
        8215. Findings.
Status: in_force

Transferred to § 3011F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 1041 — Delaware Code / Title 3 / Chapter 10 / Subchapter IV / Section 1041
§ Â
        1041. Wilfully or maliciously starting fires.
Status: in_force

(a) Whoever wilfully or maliciously sets fire to any woodlot, forest, wild land, property, material or vegetation being or growing upon the lands of another shall be fined not less than $200, nor more than $5,000, or imprisoned not more than 2 years, or both.

(b) This section shall not apply to the setting of a backfire under the direction of a state forest officer to extinguish a fire then burning, nor to persons setting fire under §§ 1042 and 1043 of this title.
3 Del. C. § 706 — Delaware Code / Title 3 / Chapter 7 / Section 706
§ Â
        706. Same â Formulate and submit development order.
Status: in_force

(a) Within 30 days after the election of an Agricultural Commodity Advisory Board by the producers of a particular commodity, the Advisory Board shall meet and formulate a development order establishing a program to assist such functions as education, research, production and market development relating to such commodity or commodities and establishing fees to be paid by producers to finance the proposed activities.

(b) The Secretary, with the advice and consent of the Advisory Board, shall hold a public hearing or public hearings on the proposed development order in an area or areas and at a time or times affording reasonable opportunities to producers to attend. The Advisory Board together with the Secretary shall determine after such hearings whether or not the development order shall be amended, modified or supplemented. If changes or additions of substance are made, the Advisory Board and the Secretary shall hold like public hearings on the amended or supplemented development order.

(c) Following the hearing, or hearings, the Advisory Board and Secretary shall conduct a referendum on the proposed final development order. At least 14 days’ notice of the time and places of such referendum shall be published in a legal newspaper of general circulation in each county affected. In addition, direct written notice thereof shall likewise be given to each county extension office in any county involved in the referendum. Such notice shall include details of the development order to afford all producers access to complete information about the development order. The development order shall become effective if it is approved by a majority of those voting in the referendum, and such order shall be applicable only to those producers of the subject commodity within the area of the State organized pursuant to this chapter. Upon completion of the referendum, the Secretary shall make findings and issue an appropriate order based on said findings.
3 Del. C. § 602 — Delaware Code / Title 3 / Chapter 6 / Section 602
§ Â
        602. Declaration of purpose.
Status: in_force

The General Assembly finds and declares it to be in the interest of the general welfare and economic prosperity of the State to have a comprehensive and ongoing program to promote and encourage viticultural activities. The General Assembly further declares viticulture an agricultural activity and that the Department of Agriculture shall coordinate viticultural activities in the State.
3 Del. C. § 7329 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7329
§ Â
        7329. Payment for cattle condemned.
Status: in_force

The Department of Agriculture may pay out of the funds appropriated by the General Assembly of the State one half of the difference between the appraised value and the salvage of all cattle that may be condemned for Bang’s disease by the Department or a veterinarian of the United States Bureau of Animal Industry working in cooperation with the Department of Agriculture. All cattle which are condemned for Bang’s disease shall be appraised in a manner prescribed by the Department of Agriculture. No payment as compensation for any animal with Bang’s disease destroyed shall exceed two thirds of the difference between the appraised value of such animal and the value of the salvage thereof. In no case shall any payment hereunder be more than $125 for any grade animal or more than $150 for any purebred animal, and no payment shall be made unless the owner has complied with all lawful quarantine regulations.
3 Del. C. § 7604 — Delaware Code / Title 3 / Chapter 76 / Section 7604
§ Â
        7604. Exemption from license.
Status: in_force

Those livestock markets and their owners and officers which are approved and are classified as state-federal approved livestock markets are exempt from this chapter. Exempt companies are expected to abide by the codes of federal regulations applying to livestock markets and duties of the livestock markets concerning the identification of livestock.
3 Del. C. § 6303 — Delaware Code / Title 3 / Chapter 63 / Section 6303
§ Â
        6303. Revocation of certification.
Status: in_force

The Department of Agriculture may revoke certificates issued in accordance with § 6302 of this title when the rules, regulations and requirements made for flocks of poultry and hatcheries are not complied with by the owners of such flocks and hatcheries.
3 Del. C. § 8508 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8508
§ Â
        8508. Specific powers of associations.
Status: in_force

Each association formed under this chapter, by virtue of its existence as such, may:

(1) Have succession for the period limited in its articles of association, and, when no period is limited thereby, exist perpetually, subject to the power of the General Assembly under the Constitution of the State, and unless sooner dissolved by operation of law or under the provisions of this chapter;

(2) Maintain and defend judicial proceedings by the name specified in the articles of association;

(3) Adopt and use a common seal and alter the same at pleasure;

(4) Hold, purchase, and transfer such real and personal property as the purposes of the corporation require;

(5) Elect a board of directors, which may appoint a president, vice-president, secretary, treasurer and other officers, agents and employees as are deemed necessary; prescribe their duties; require bonds of them, and dismiss them and any of them in accordance with this chapter and with the bylaws of the association;

(6) Make bylaws, not inconsistent with the law, for the management of its property, the regulation of its affairs and the conduct and management of the association;

(7) Perform for stockholders and other patrons the services described in the articles of association and authorized by this chapter;

(8) Make contracts necessary in the conduct of its operation and the transaction of its affairs;

(9) Borrow money necessary to the conduct of its operations, and issue notes, bonds and other evidences of indebtedness therefor, and give security in the form of mortgage or otherwise for the payment thereof;

(10) Cooperate with any other association or corporation, whether formed under this chapter or otherwise, for the purpose of promoting the objects for which it was incorporated, or the objects for which any other similar association was formed. Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper stipulations, agreements, contracts, and arrangements with any other cooperative corporation, association or associations, formed under this chapter or otherwise, for the cooperative and more economical carrying on of its business, or any part or parts thereof; or any 2 or more cooperative associations, formed under this chapter or otherwise, may, upon resolutions adopted by their respective boards of directors, for the purpose of more economically carrying on their respective businesses, by agreement between them, unite in employing and using, or several such associations may separately employ and use, the same methods, means and agencies, which agencies may be another such association or associations for carrying on and conducting their respective businesses;

(11) Foster membership in the association and solicit patrons by advertising or by educational or other lawful means;

(12) Exercise such incidental powers as are necessary in the conduct of its operations;

(13) Issue and sell its preferred and common stock, but no person shall become the owner of more than 5 percent of the outstanding common stock of the association;

(14) Purchase and hold stock of corporations engaged in the buying or selling of agricultural products as defined in this chapter, when such purchase and holding is in keeping with the purposes for which the association was formed.
3 Del. C. § 10029 — Delaware Code / Title 3 / Chapter 100 / Subchapter II / Section 10029
§ Â
        10029. 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; provided, however, that where the Commission imposes a penalty on any person, such penalty shall not apply to that person’s spouse unless such spouse has committed the same offense.

(b) 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.

(c) 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.

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

(e) 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. 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.

(f) The Commission may issue, under the hand of any Commissioner 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 is necessary for the effectual discharge of its duties. If any person refuses to obey any subpoena, or to testify, or to produce any books, papers or documents, then the Commission may apply to the Superior Court of the county in which the Commission is sitting, and, thereupon, the Court shall issue its subpoena requiring the person to appear and to testify, or to produce the books, papers and documents. Whoever fails to obey or refuses to obey a subpoena of the Court shall be guilty of contempt of court and shall be punished accordingly. False swearing on the part of any witness shall be deemed perjury and shall be punished as such.

(g) 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 harness racing shall reimburse the Commission for all costs of the drug testing program 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 § 10022 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 § 10026 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. § 7101 — Delaware Code / Title 3 / Chapter 71 / Section 7101
§ Â
        7101. Duties and powers of Department of Agriculture; construction with Chapter 63.
Status: in_force

(a) The Department of Agriculture shall protect the health of the domestic animals of the State, and determine and employ the most efficient and practical means for the detection, prevention, suppression, control or eradication of dangerous, contagious or infectious diseases among the domestic animals, to include a blood test and injection test for the determination of the existence of any contagious or infectious disease. For these purposes it may establish, maintain, enforce and regulate such quarantine and other measures relating to the movement and care of animals and their products, the disinfection of suspected localities and articles and the destruction of animals, as it deems necessary, and may adopt from time to time all such regulations as are necessary and proper for carrying out the purposes of this chapter and Chapter 73 of this title. In the case of any contagious disease, the Department or its authorized agents may put under quarantine the entire herd containing the suspected or diseased animal or animals.

(b) Where this section is in conflict with Chapter 63 of this title, this section shall control.
3 Del. C. § 1216 — Delaware Code / Title 3 / Chapter 12 / Subchapter III / Section 1216
§ Â
        1216. Certification â Required.
Status: in_force

In order to prevent unreasonable adverse effects on the environment, including injury to users of pesticides and others, no individual shall use any restricted use pesticide unless such individual has either been duly certified by the Department or is under the direct supervision of a certified applicator. An applicant for certification must be at least 18 years of age.
3 Del. C. § 902 — Delaware Code / Title 3 / Chapter 9 / Subchapter I / Section 902
§ Â
        902. Definitions.
Status: in_force

The following terms shall have the meanings ascribed to them in this chapter:

(1) “Advisory Board” or “Advisory Boards” means the Farmland Preservation Advisory Boards established and appointed by the respective legislative bodies of each county.

(2) “Agricultural lands” means farmlands and forestlands.

(3) “Agricultural use” means all forms of farming, including agriculture, horticulture, aquaculture, silviculture and activities devoted to the production for sale of food and other products useful to humans which are grown, raised or harvested on lands and waters.

(4) “Agricultural value” means the value of the land when subject to the District restrictions set forth in § 909 of this title and the requirements imposed under § 914(a)(2) of this title.

(5) “County” means New Castle County, Kent County and Sussex County as referenced.

(6) “Forestlands” means a contiguous area of trees or forest cover at least 10 acres in size which is capable of being timbered and reforested as determined by the State Forester.

(7) “Forestland preservation agreement” means an agreement executed by an owner or owners creating a forestland preservation area and binding forestlands to forestland preservation area restrictions for a period of 10 years and any extended period.

(8) “Forestland preservation easement” means the perpetual easement acquired by the Foundation on forestlands.

(9) “Foundation” means the Delaware Agricultural Lands Preservation Foundation.

(10) “Fund” means the Delaware Farmland Preservation Fund.

(11) “Growth zone” means the areas designated by the Foundation recognizing planned future development.

(12) “LESA” means the Land Evaluation and Site Assessment system adopted by the Department of Agriculture to determine the quality of farmland and forestland and the long-term agricultural viability of such lands.

(13) “Owner” or “owners” means the person or persons holding fee simple title to farmlands and/or forestlands.

(14) “Person” or “persons” means any individual or individuals, partnership, joint venture, corporation, association, trust, institution, cooperative enterprise or duly established legal entity capable of holding title to real property in the State.

(15) “Preservation easement” means perpetual agricultural land preservation easements acquired by the Foundation.

(16) “Professional forester” means an individual who possesses at least a bachelor’s degree in forestry or a closely related field.

(17) “Unimproved land” means the open space, the area of land under structures used for agricultural purposes and the land under lakes, dams, ponds, streams and irrigation ditches, but shall not include the land used for dwelling housing.

(18) “Usable” means available and capable of being used for agricultural, horticultural, aquacultural and forestry production activities.
3 Del. C. § 8534 — Delaware Code / Title 3 / Chapter 85 / Subchapter III / Section 8534
§ Â
        8534. Voting rights of stockholders.
Status: in_force

Every common stockholder shall be entitled to 1 vote only, and no vote by proxy shall be permitted. This restriction shall not affect any powers granted to the representative body or council, or the delegates thereto.
3 Del. C. § 922 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 922
§ Â
        922. Condemnation of Preservation District lands.
Status: in_force

Nothing contained in this chapter shall prohibit the exercise of powers of eminent domain or condemnation with respect to lands located in an Agricultural Preservation District; provided, however, that the compensation paid for such lands by the condemning authority shall be based on the highest and best development use of the property with no consideration given to the restrictions and limitations imposed under this chapter; and provided further, that the condemning authority shall also include in its taking such additional lands rendered unusable or unprofitable for intended agricultural uses. Payment of compensation shall be made to the owner or, in the event the property is subject to a preservation easement, to the owner and the Foundation in accordance with their respective interests.
3 Del. C. § 8222 — Delaware Code / Title 3 / Chapter 82 / Subchapter II / Section 8222
§ Â
        8222. Program administration.
Status: in_force

Transferred to § 3018F of Title 16 by 79 Del. Laws, c. 377, § 2, effective July 31, 2014.
3 Del. C. § 1502C — Delaware Code / Title 3 / Chapter 15 / Section 1502C
§ Â
        1502C. Label requirements; flower seeds.
Status: in_force

(a) In addition to the information required under § 1502 of this title, each container of flower seeds must contain all of the following information:

(1) The name of the kind and variety or a statement of type and performance characteristics.

(2) On each container, lot number or other lot identification.

(3) For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard established under this chapter, all of the following:

a. Percentage of germination, exclusive of hard seed.

b. Percentage of hard seed, if present.

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

d. The month and calendar year the germination test was completed.

(b) In addition to the information required under § 1502 of this title, flower seeds in packets prepared for use in home flower gardens or household plantings or flower seeds in pre-planted containers, mats, tapes, or other planting devices, must contain all of the following information:

(1) The month and calendar year the germination test was completed.

(2) The statement “Sell by” followed by a date that is no more than 12 months from the date of the germination test, exclusive of the month of the test, or state the percentage of germination and the month and calendar year the test was completed, provided that the test must have been completed within 12 months, exclusive of the month of test.

(3) For seeds placed in a germination medium, mat, tape, or other device in such a way that makes it difficult to determine the quantity of seed without removing the seeds, a statement that indicates the minimum number of seeds in the container.

(c) In addition to the information required under § 1502 of this title, each container of flower seeds for which standard testing procedures are prescribed and that weigh more than 1 ounce in containers other than packets prepared for use in home flower gardens or household plantings and other than pre-planted containers, mats, tapes, or other planting devices, must contain all of the following information:

(1) The percentage of germination, exclusive of hard seed.

(2) The percentage of hard seed, if present.

(3) The month and calendar year the test was completed to determine the percentages under paragraphs (c)(1) through (c)(2) of this section.
3 Del. C. § 10058 — Delaware Code / Title 3 / Chapter 100 / Subchapter IV / Section 10058
§ Â
        10058. Deduction of federal taxes from total of contributions.
Status: in_force

For the purpose of making any of the calculations of amounts payable to the State and to the licensee under §§ 10056 and 10057 of this title, no federal taxes, if any, shall be deducted from the amount of total contributions before applying the percentages specified in those sections.
3 Del. C. § 1003 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1003
§ Â
        1003. Disposition of fines; report by courts of forestry law cases.
Status: in_force

(a) All moneys received from fines imposed under Chapter 10, 26 or 91 of this title or any laws enacted for the protection of forest lands shall be paid to the Department of Agriculture and shall be deposited to the State of Delaware General Fund.

(b) Any court before which any prosecution under the forestry laws of this State is finally concluded shall, within 20 days thereafter, report in writing to the Department of Agriculture the result thereof, the amount of fine or forfeit collected, if any, and the disposition thereof, and at the same time shall remit to the Department of Agriculture all moneys received from such fines and forfeitures.
3 Del. C. § 3118 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3118
§ Â
        3118. Butterfat statement given producers; contents.
Status: in_force

(a) Every person or agent or servant thereof purchasing or receiving milk or cream from the producer thereof for manufacturing purposes or for reselling the same shall, at each time of payment to the producer for milk or cream, or where the producer of milk or cream is selling the same to the purchaser or receiver by or through a cooperative association or other agency and the payment thereof is being made by the purchaser or receiver to the cooperative or other agency, at the time the purchaser or receiver makes each payment to the cooperative association or other agency, give each producer delivering milk a statement showing the amount delivered daily during the time for which payment is made and the average per centum butterfat test of same, provided payment is made on the basis of the butterfat content.

(b) The statement shall contain the name or number of the producer or seller of the milk or cream, the date of delivery thereof, and the amount delivered. The statement shall be given in the terms of the unit used as a basis for determining the value thereof. A purchaser or receiver may, in lieu of the monthly statement of weights, give daily to the producer or to the producer’s agent at the time of delivery of milk or cream to the purchaser or receiver, a written statement of the amount of milk or cream received or purchased.
3 Del. C. § 2247 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2247
§ Â
        2247. Nutrient management plans.
Status: in_force

(a) All animal feeding operations with greater than 8 animal units or any person who owns, leases or otherwise controls property totaling more than 10 acres upon which nutrients are applied shall develop and implement a nutrient management plan in accordance with the schedule outlined in this section. Nutrient handlers who apply nutrients to turf totaling more than ¼ acres (10,890 square feet) but less than 10 acres shall not be required to have a nutrient management plan but are subject to limits outlined in this title and the Commission’s regulations. All nutrient management plans shall include all of the following:

(1) Field maps as an arial photograph showing field identification, boundaries, acres, location of surface waters, irrigation systems, and location of designated sensitive areas with associated nutrient application restrictions or setbacks.

(2) Soil maps and information, including drainage class, permeability, available water capacity, depth to water table, and flooding or ponding frequency.

(3) Current or planned crop rotations.

(4) Results of applicable soil, plant, water, manure, or organic by-products analyses.

(5) Realistic yield goals and the methods used to estimate those goals. Expected yields shall be calculated as a mathematical average of the best 4 out of 7 year data or, in the absence thereof, best professional judgement by a certified nutrient consultant under § 2241 of this title.

(6) Recommended nutrient rates, timing, form and methods of nutrient applications and incorporation.

(7) Results of approved risk assessment tools for nitrogen, phosphorus, and erosion losses, if applicable.

(8) Animal information including types, number, average sizes, annual manure generation, and any manure import or export, if applicable.

(b) Planned applications of phosphorous to high phosphorous soils cannot exceed total phosphorous removal in a planned crop rotation unless a different management practice is permitted after conducting the Delaware PSI risk assessment tool.

(1) If the PSI score for a field is “very high,” no phosphorus application is allowed.

(2) All fields with FIV exceeding 499 must have a PSI assessment prior to phosphorus application. Results of the PSI are valid for a term not to exceed 3 years.

(3) Fields with FIV below 500 but above 150 must have a PSI assessment, unless the total planned phosphorus application to a crop rotation does not exceed the phosphorus removed by all crops in the rotation.

(c) Yield goals shall be used to determine nitrogen application rates as appropriate. Recommended nitrogen application rates cannot exceed the application rates published by the University of Delaware of the specific crop, unless an adaptive approach is used to adjust in-season nitrogen application rates based on recommendations from a certified consultant or a Commission approved nitrogen application model.

(d) All animal waste management plans, nutrient management plans and records of implementation shall be kept by the land owner or person responsible for the plans or records. Animal waste management plans, nutrient management plans and records of implementation shall not be considered as public records under the Freedom of Information Act and shall not be disclosed, except, however, that they shall be made available for inspection by the Delaware Department of Agriculture and the Commission. Records of implementation shall include:

(1) Soil test results and recommended nutrient application rates;

(2) Quantities, analyses and sources of nutrients applied;

(3) Dates and methods of nutrient applications;

(4) Crops planted, yields and crop residues removed; and

(5) Certification statement signed by the operator to document the intention of nutrient management and/or animal waste management plan implementation

Notwithstanding the foregoing, animal waste management plans, nutrient management plans and records of implementation may be retained, disclosed and made public as provided for in § 2248 of this title.

(e) Nutrient management plans shall be updated a minimum of every 3 years or upon significant alterations in facility operations, or upon a 25% or greater increase in facility operations. Such plans shall be reported to the Commission no later than December 15 of the year in which it must be updated.

(f) If a person implementing a nutrient management plan intends to store manure, other than in an approved manure storage structure or facility, such outdoor storage shall:

(1) Be reflected in the person’s nutrient management plan;

(2) Be at least 100 feet from any body of water or drainage ditch;

(3) Be at least 100 feet from any public road;

(4) Be at least 200 feet from any residence that is not located on the person’s property; and

(5) Be at least 6 feet high and in a conical shape.

(g) In situations where persons other than the land owner are responsible for nutrient applications, nutrient management plans as required in this section shall be the responsibility of the person actually managing the application of nutrients to that property.

(h) Upon completion and implementation of a nutrient management plan, the owner/operator/planner shall notify the Commission within 60 days of the completion of the plan.

(i) In the event of circumstances that are beyond the control of the person implementing a nutrient management plan pursuant to this section, such person shall notify the Department of any actions such person intends to take as a result of those circumstances.

(j) In the case of animal feeding operations where no other nutrients are used for farming and the animal waste is not land-applied, the operator of the facility may substitute an animal waste management plan for a nutrient management plan. At a minimum, the animal waste management plan shall include:

(1) Information concerning how the waste is stored prior to transport;

(2) Records of where and to whom the animal waste was transported and the amount of such waste; and

(3) The mortality disposal method.

(k) The State shall make nutrient consultants available through the conservation districts to provide free nutrient management plans assistance to anyone requesting such assistance. For those persons wishing to hire private nutrient consultants, the State, through the conservation districts, shall reimburse any person establishing a nutrient management plan or updating an established nutrient management plan at a rate and amount that shall be determined annually by the Commission and subject to annual appropriations.

(l) County, municipal and industrial facilities discharging solid or liquid waste and permitted by the Department of Natural Resources and Environmental Control under The Guidance and Regulations Governing the Land Treatment of Wastes shall be exempt from the provisions of this chapter. Provided, however that they provide the Commission with an annual report as required by their land treatment permit.
3 Del. C. § 3114 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3114
§ Â
        3114. Licensed weigher and sampler; qualifications and duties; fee; renewal of license.
Status: in_force

(a) Every person engaged in the business of buying milk or cream on the basis of, or in any way with reference to, the amount of butterfat contained therein or on the basis of tests made for official inspection or public record shall have the samples taken for testing purposes either by a licensed tester or by a person licensed or certified to weigh and sample milk and cream.

(b) For the purpose of this subchapter, a person certified to weigh and sample milk or cream is any person who, having furnished satisfactory evidence of good character and having passed a satisfactory examination in weighing and sampling milk and cream conducted by the Department of Agriculture or its agents, has received a certificate of proficiency from the Department.

(c) Each applicant for an examination for such certificate shall pay a fee of $1.75 to the Department. The Department shall issue a certificate of proficiency in the name of the approved applicant and under a serial number. The Department of Agriculture 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 of Agriculture upon the payment of $3.45.

(d) Each licensed weigher and sampler shall post his or her license in plain view in the plant in which he or she is employed. The Department of Agriculture may revoke the license for failure to post it as above mentioned or for any other just cause.
3 Del. C. § 2120 — Delaware Code / Title 3 / Chapter 21 / Section 2120
§ Â
        2120. Appeals.
Status: in_force

Nothing in this chapter shall be construed to prohibit appeals to a court of competent jurisdiction by persons aggrieved by a decision of the Secretary under § 2119 of this title. Such an appeal shall be on the record and confined to a determination as to whether the Secretary abused the Secretary’s discretion, provided that no appeal shall stay an order by the Department.
3 Del. C. § 3512 — Delaware Code / Title 3 / Chapter 35 / Section 3512
§ Â
        3512. Power of enforcement officers.
Status: in_force

In order to carry out this chapter, the Department of Agriculture, or its representatives, may enter, during the usual hours of business, any warehouse, store, building, market, carrier or vehicle at, in or from which eggs are sold, offered or exposed for sale and examine any or all such eggs for the purpose of determining whether the provisions of this chapter have been violated.
3 Del. C. § 803 — Delaware Code / Title 3 / Chapter 8 / Section 803
§ Â
        803. Definitions.
Status: in_force

As used in this chapter:

(1) “Approved insurance providers” means those insurance providers approved by the United States Department of Agriculture’s Risk Management Agency to sell policies and plans of insurance administered by the Federal Crop Insurance Corporation to Delaware’s eligible producers.

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

(3) “Eligible producer” means a producer of agricultural commodities, in this State, who qualifies for coverage under the Federal Crop Insurance Act [7 U.S.C. § 1501 et seq.], and is qualified with the Department, in accordance with this chapter.

(4) “Federal Crop Insurance Corporation” means the entity established in 7 U.S.C. § 1508(c)(8) of the Federal Crop Insurance Act [7 U.S.C. § 1501 et seq.], which administers the multi-peril crop insurance and whole farm revenue protection programs for agricultural producers.

(5) “Program” means the Delaware Agricultural Production Insurance Assistance Program.

(6) Qualifying policy” means a policy, or plan of insurance administered by the Federal Crop Insurance Corporation, including crop yield and revenue insurance.
3 Del. C. § 10005 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10005
§ Â
        10005. Purpose; powers and duties.
Status: in_force

The primary purpose of the Commission is to regulate and oversee the sport of harness racing, within this State in the public interest. The Commission shall possess the powers and duties specified in this chapter and also the powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter. The jurisdiction, supervision, powers and duties of the Commission shall extend under this chapter to any person who holds or conducts any meeting within this State at which harness horse racing is permitted for any stake, purse or reward and upon which wagering or betting is conducted as provided in this chapter. The Commission shall possess all necessary powers and duties to regulate the conduct of all grooms, drivers and owners and their employees, of all harness racing horses entered or to be entered in any harness racing meet authorized by the Commission under this chapter. For this purpose, the said Commission may promulgate and prescribe such rules and regulations as it may deem proper and necessary.
3 Del. C. § 3179 — Delaware Code / Title 3 / Chapter 31 / Subchapter VI / Section 3179
§ Â
        3179. Actions authorized and required by a raw milk permit [For application of this section, see 84 Del. Laws, c. 434, Â 4].
Status: in_force

(a) It is unlawful for raw milk or products derived from raw milk to be sold or distributed in this State other than by a raw milk permit holder or by an individual under the direct supervision of a raw milk permit holder, such as an employee.

(b) A permit holder or an individual under the direct supervision of the raw milk permit holder may sell, offer for sale, or distribute raw milk or products derived from raw milk if all of the following conditions are met:

(1) The sale or distribution is made directly to a consumer and not for resale.

(2) A sign issued by the Department is posted conspicuously at the point of sale or distribution stating that raw milk and products derived from raw milk do not provide the protection of pasteurization and may contain harmful bacteria.

(3) A prominent label stating that raw milk and products derived from raw milk are unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria is placed on the outside of the container or package in which the raw milk or product derived from raw milk is sold or distributed.

(c) A raw milk permit holder must do all of the following in order to sell or distribute raw milk or products derived from raw milk:

(1) Comply with all applicable laws and regulations of this State.

(2) Maintain the health and welfare of the herd and the safety procedures of the raw milk operation in compliance with the standards established by the Department.

(3) Submit to inspection under subsection (d) of this section to ensure compliance with this subchapter.

(4) Prepare a raw milk risk management plan that covers sanitation, handling, and testing methods.

(5) Comply with testing, temperature, training, and disposal requirements as determined by the Department.

(d) The Department shall conduct inspections to ensure a permit holder’s compliance with this subchapter.
3 Del. C. § 1507 — Delaware Code / Title 3 / Chapter 15 / Section 1507
§ Â
        1507. Duties and authority of the Department.
Status: in_force

(a) The Department shall administer and enforce this chapter and may do all of the following:

(1) Sample, inspect, make analysis of, and test seeds subject to this chapter that are transported, sold, offered, or exposed for sale within the State for sowing purposes, as follows:

a. At such time and place and to such extent as it may deem necessary to determine whether the seeds are in compliance with this chapter.

b. With prompt notice to the person who sold, offered, or exposed the seed for sale and, if appropriate, to the person who labeled or transported the seed subject to a violation, stop sale order, or seizure.

(2) Adopt rules and regulations under the Administrative Procedures Act, Chapter 101 of Title 29, and after public hearing, for all of the following:

a. Governing the method of sampling, inspecting, analyzing, testing, and examining seeds subject to this chapter, including the tolerances to be used.

b. Prohibited and restricted noxious weed seeds.

c. Establishing reasonable standards on germination for vegetable seeds and flower seeds.

d. Labeling flower seeds in respect to kind and variety or type and performance characteristics as required by §§ 1502 and 1502C of this title.

e. Maintain a list of the kinds of flower seeds subject to the flower seed germination labeling requirements of §§ 1502 and 1502C of this title.

f. Maintain a list of the tree and shrub seed species subject to germination labeling requirements of §§ 1502 and 1503 of this title.

(3) Enter any public or private premises during regular business hours to have access to seeds and the records subject to this chapter, including any truck or other conveyor by land, water, or air at any time when the conveyor is accessible.

(4) Issue and enforce a written or printed “stop sale” order to the owner or custodian of any lot of seed that the Department finds is in violation of this chapter.

a. A “stop sale” order prohibits further sale, processing, and movement of the seed, except on approval of the enforcing officer, and until the enforcing officer has evidence that the law has been complied with and has issued a release from the “stop sale” order.

b. The owner or custodian of the seed has the right to appeal the “stop sale” order to the Superior Court in the county where the seeds are found, requesting a judgment as to the justification of the order and for the discharge of the seeds from the order.

c. This paragraph may not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this chapter.

(5) Establish and maintain or make provisions for seed testing facilities, employ qualified persons, and incur expenses necessary to administer this chapter.

(6) Make or provide for making purity and germination tests of seed for farmers and dealers on request, prescribe rules and regulations governing these tests, and fix and collect charges for the tests made. Any fees shall be transferred to the State Treasurer and paid into the General Fund of this State.

(7) Cooperate with the United States Department of Agriculture and other agencies in seed law enforcement.

(8) Publish the results of analysis, tests, and examinations made under this chapter, together with any other information deemed advisable.

(9) Conduct the seed certification program for this State, prescribe rules and regulations governing seed certification, and fix and collect fees for inspection, grading, and certification. Any fees collected shall be transferred to the State Treasurer and credited to the special fund entitled “Department of Agriculture Inspection Fund” to aid in defraying the expenses of the seed certification program.

(10) Collect royalty fees on patented varieties where a royalty agreement is in force.

(b) The Department is authorized to enforce provisions as stipulated by the Federal Seed Act, 7 U.S.C. §§ 1551 through 1611, as necessary for carrying out the purposes of this chapter.

(c) No bond may be required of the Department for the issuance of any injunction to restrain any violation of this chapter.

(d) Any lot of seed that is not in compliance with this chapter is subject to seizure, upon on complaint of the Department to the Superior Court in the county where the seed is located. In the event the court finds that the seed is in violation of this chapter and orders the condemnation of the seed, the seed must be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this State. However, a court may not order the disposition of the seed under this subsection without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to process or relabel the seed into compliance with this chapter.
3 Del. C. § 2112 — Delaware Code / Title 3 / Chapter 21 / Section 2112
§ Â
        2112. Publications.
Status: in_force

The Secretary shall publish at least annually and in such forms as the Secretary may deem proper:

(1) Information concerning the distribution of commercial fertilizers and soil conditioners;

(2) Results of analyses based on official samples of commercial fertilizers distributed within the State as compared with the analyses guaranteed under §§ 2104 and 2105 of this title.
3 Del. C. § 8509 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8509
§ Â
        8509. Adoption of bylaws.
Status: in_force

Within 30 days after the recording of the articles of association in the office of the recorder of deeds, as prescribed in § 8504 of this chapter, a call, signed by not less than a majority of the directors, shall be issued for a meeting of the common stockholders. At such meeting, or any adjourned session or sessions thereof, bylaws regulating the conduct and management of the association shall be adopted.
3 Del. C. § 3507 — Delaware Code / Title 3 / Chapter 35 / Section 3507
§ Â
        3507. Invoice requirements.
Status: in_force

Every person selling eggs to retailers, restaurants, hotels, public and private eating places and institutions shall furnish a dated invoice showing the exact size and quality of such eggs, or they shall be invoiced as “UNCLASSIFIED.”
3 Del. C. § 404 — Delaware Code / Title 3 / Chapter 4 / Section 404
§ Â
        404. Aquaculture technical assistance and marketing program.
Status: in_force

The Department shall develop and implement a technical assistance and marketing program to assist owners and operators of aquacultural facilities and to promote Delaware aquaculture products. This program will be done in conjunction with, and shall be consistent with, the Department’s responsibilities as defined in Chapter 3 of this title. The Department’s program shall include, but not be limited to, the following:

(1) Maintain a complete list of aquaculturalists engaged in the production of any aquacultural product and shall maintain a separate list of closed system aquaculture operations;

(2) Coordinate with Delaware Department of Natural Resources and Environmental Control to maintain a complete list of aquaculturalists;

(3) Encourage the viability and profitability of aquaculture operations and to promote consumption of Delaware grown aquaculture products within and outside the State.
3 Del. C. § 3131 — Delaware Code / Title 3 / Chapter 31 / Subchapter III / Section 3131
§ Â
        3131. Approved testing glassware and utensils.
Status: in_force

No person purchasing milk or cream and paying for the same on the basis of the percentage of butterfat contained therein shall, if the percentage of butterfat is ascertained by the “Babcock test,” use any test glassware except standard Babcock test glassware and weights which have been previously inspected and approved by the Department of Agriculture. If the proportion of butterfat is determined by any method other than the “Babcock test” no utensil or instrument shall be used in the determination until the same has been inspected and approved by the Department of Agriculture.
3 Del. C. § 2401 — Delaware Code / Title 3 / Chapter 24 / Section 2401
§ Â
        2401. Declared public and common nuisance.
Status: in_force

The existence of growth of a noxious weed is declared to be a public and common nuisance.
3 Del. C. § 8704 — Delaware Code / Title 3 / Chapter 87 / Section 8704
§ Â
        8704. Adulterated products.
Status: in_force

“Adulterated” shall apply to any livestock product or poultry product under 1 or more of the following circumstances:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this paragraph, if the quantity of such substance in or on such article does not ordinarily render it injurious to health;

(2) If it bears or contains (by reason of administration of any substance to the livestock or poultry or otherwise) any added poisonous or added deleterious substance (other than 1 which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the Secretary, make such article unfit for human food;

(3) If it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of § 408 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 346a];

(4) If it bears or contains any food additive which is unsafe within the meaning of § 409 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 348];

(5) If it bears or contains any color additive which is unsafe within the meaning of § 706 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 379e]; provided, that an article which is not otherwise deemed adulterated under this subdivision or subdivision (3) or (4) of this section shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Secretary in official establishments;

(6) If it consists in whole or in part of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food;

(7) If it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;

(8) If it is, in whole or in part, the product of an animal (including poultry) which has died otherwise than by slaughter;

(9) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

(10) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to § 409 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 348];

(11) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or

(12) If it is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance.
3 Del. C. § 8513 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8513
§ Â
        8513. Dissolution of associations.
Status: in_force

Any association may cease to do business and be dissolved in the same manner as corporations are dissolved under the general corporation laws of the State.
3 Del. C. § 7331 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7331
§ Â
        7331. Quarantine for refusal to place herd under supervision.
Status: in_force

If it is shown beyond a reasonable doubt that Bang’s disease exists in a herd of cattle, and the owner refuses to sign an agreement placing the owner’s herd under supervision of the Department of Agriculture for the eradication of the disease, or refuses to have any reactors to the Bang’s disease test slaughtered at the direction of the Department, the Secretary of the Department or the Secretary’s agent shall place such premises under quarantine by written notice and no cattle shall be allowed to be removed or any additions made to the herd while it is under such quarantine.
3 Del. C. § 1708 — Delaware Code / Title 3 / Chapter 17 / Section 1708
§ Â
        1708. Misbranding.
Status: in_force

No person shall distribute misbranded feed. A commercial feed or customer-formula feed 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 feed;

(3) If it is not labeled as required in § 1705 of this title and in regulations prescribed under this chapter;

(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by regulation of the Department; in the adopting of such regulations the Department shall give due regard to commonly accepted definitions such as those issued by the Association of American Feed Control Officials;

(5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under the customary conditions of purchase and use.
3 Del. C. § 7301 — Delaware Code / Title 3 / Chapter 73 / Subchapter I / Section 7301
§ Â
        7301. Importation of cattle.
Status: in_force

(a) The importation of dairy cows and other cattle for breeding purposes into the State is prohibited, excepting when such cattle are accompanied by a certificate from an inspector, whose competency and reliability are certified to by the authorities charged with the control of the diseases of domestic animals in the state from whence the cattle came, certifying that they have been examined and subjected to the tuberculin test, and are free from disease, and whose certificate shall be acceptable to the Department of Agriculture.

(b) In lieu of the inspection certificate required by this section, cattle as above specified from points outside the State may, under such restrictions as are provided by the Department, be shipped in quarantine to their destination in the State, there to remain in quarantine, until properly examined at the expense of the owner by a veterinarian to be designated by the Department.
3 Del. C. § 1202 — Delaware Code / Title 3 / Chapter 12 / Subchapter I / Section 1202
§ Â
        1202. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Active ingredient” means:

a. In the case of pesticides other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate insects, mites, nematodes, fungi, rodents, weeds or other pests;

b. In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

c. In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from the plant; or

d. In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

(2) “Adulterated” shall apply to any pesticide if its strength or purity falls below the standard of quality expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.

(3) “Animal” means all vertebrate and invertebrate species, including but not limited to humans and other mammals, birds, fish and shellfish.

(4) “Applicators”:

a. “Certified applicator” means any individual who is certified under this chapter to use or supervise the use of any pesticide which is classified for restricted use.

b. “Private applicator” means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the certified applicator or the certified applicator’s employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.

c. “Commercial applicator” means a certified applicator (whether or not the certified applicator is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (4)b. of this section. The Secretary may by regulation declare certain types of applicators, who use or supervise the use of any pesticide on property owned or rented by the applicator or the applicator’s employer, to be commercial applicators.

d. “Under the direct supervision of a certified applicator” means unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied.

(5) “Committee” means the Pesticide Advisory Committee.

(6) “Dealer permit” means a written certificate, issued by the Department, authorizing the sale of restricted use pesticides or state restricted use pesticides.

(7) “Defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

(8) “Department” means the Department of Agriculture of this State.

(9) “Desiccant” means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.

(10) “Device” means any instrument or contrivance (other than firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than humans and other than bacteria, virus or other microorganism on or in living humans or other living animals), but does not include equipment used for the application of pesticides when sold separately therefrom.

(11) “Distributed” means to offer for sale, hold for sale, sell, barter, or supply pesticides or devices within this State.

(12) “Environment” includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these.

(13) “E.P.A.” means the United States Environmental Protection Agency.

(14) “FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. § 136 et seq.].

(15) “Fungus” means any nonchlorophyll-bearing thallophytes (that is, any nonchlorophyll-bearing plant of a lower order than mosses and liverworts), as for example, rust, smut, mildew, mold, yeast, and bacteria, except those on or in living humans or other animals, and except those on or in processed food, beverages, or pharmaceuticals.

(16) “Inert ingredient” means an ingredient which is not an active ingredient.

(17) “Ingredient statement” means a statement which contains all of the following:

a. The name and percentage of each active ingredient, and the total percentage of all inert ingredients, in the pesticide.

b. If the pesticide contains arsenic in any form, a statement of the percentages of total and water-soluble arsenic, calculated as elementary arsenic.

(18) “Insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising 6-legged, usually winged forms, as for example, beetles, bugs, bees, flies and to other allied classes of arthropods whose members are wingless and usually have more than 6 legs, as for example, spiders, mites, ticks, centipedes, and wood lice.

(19) “Label” means the written, printed, or graphic matter on, or attached to, the pesticide or device or its containers or wrappers.

(20) “Labeling” means all labels and all other written, printed, or graphic matter:

a. Accompanying the pesticide or device at any time; or

b. To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the E.P.A., the United States Departments of Agriculture and Interior, the Department of Health and Human Services, Department of Education, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

(21) “Land” means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

(22) “License” means, written permission issued by the Department to engage in the business of applying any pesticides to the lands of another.

(23) “Misbranded” shall apply:

a. To any pesticide or its container if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.

b. To any pesticide meeting at least 1 of the following conditions:

1. If it is an imitation of or is offered for sale under the name of another pesticide.

2. If its labeling bears any reference to registration under this chapter and such pesticide has not been registered pursuant to this chapter.

3. If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and, if complied with, together with any requirements imposed under § 3(d) of FIFRA [7 U.S.C. § 136a(d)], are adequate to protect health and the environment.

4. If the label does not contain a warning or caution statement which may be necessary, and if complied with, adequate to prevent injury to living humans and other vertebrate animals.

5. If the label or container of the product does not bear an ingredient statement that may be clearly read and understood when the unit for sale is displayed under customary conditions of purchase, handling, storage and use.

6. If any word, statement or other information required by or under the authority of this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or graphic matters in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

c. To any device or its container if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.

(24) “Nematode” includes invertebrate animals of the phylum Nemathelminthes and class Nematoda, that is, unsegmented roundworms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be referred to as nemas or eelworms.

(25) “Permit” means a written certificate, issued by the Department, authorizing the purchase, possession, or use of certain pesticides which are to be used for purposes designated as “state restricted pesticide uses” or for experimental use.

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

(27) “Pest” means any of the following:

a. Any insect, rodent, nematode, fungus, or weed.

b. Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living humans or other living animals) which is declared to be a pest under regulations pursuant to § 1203(f) of this title.

(28) “Pesticide” means any of the following:

a. Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest.

b. Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(29) “Plant regulator” means any substance or mixture of substances, intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

(30) “Registrant” means the person who has registered any pesticide pursuant to this chapter.

(31) “Restricted use pesticide” means any pesticide or pesticide use classified by the Administrator of E.P.A. for use only by a certified applicator or competent individual under the direct supervision of a certified applicator.

(32) “State restricted pesticide use” means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the Department determines, subsequent to a hearing, requires additional restrictions to prevent unreasonable adverse effects on the environment.

(33) “Unreasonable adverse effects on the environment” means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.

(34) “Weed” means any plant which grows where not wanted.

(35) “Wildlife” means all living things that are neither human, domesticated nor, as defined in this chapter, pests, including but not limited to, mammals, birds, and aquatic life.

(36) “Secretary” means the Secretary of the Department of Agriculture of the State or the Secretary’s duly authorized designee.
3 Del. C. § 1104 — Delaware Code / Title 3 / Chapter 11 / Section 1104
§ Â
        1104. Warning and information to farmers and other persons.
Status: in_force

(a) The Department, upon confirmation of an actionable infestation or infection of any dangerously injurious plant pest(s), shall warn the farmers and other persons residing in the county of the nature of the aforementioned plant pest and the localities where it exists.

(b) The Department shall also furnish to farmers and persons of the county information and knowledge of the measures to be instituted to control the plant pest.
3 Del. C. § 2803 — Delaware Code / Title 3 / Chapter 28 / Section 2803
§ Â
        2803. Fees.
Status: in_force

The Department may assess fees for participation in the Delaware hemp program under this chapter in the amounts set by regulations promulgated pursuant to the §  101 of this title. All such fees assessed by the Department shall be nonrefundable. The total amount of fees collected under this section shall approximate and reasonably reflect all costs necessary to defray the expenses of the Department in implementing this chapter.
3 Del. C. § 704 — Delaware Code / Title 3 / Chapter 7 / Section 704
§ Â
        704. Agricultural Commodity Advisory Boards â Creation; membership; election; term; organization.
Status: in_force

(a) An Agricultural Commodity Advisory Board is hereby created for the producers of each agricultural commodity who file with the Secretary a petition requesting that the producers of such commodity be subjected to the sections of this chapter. The petition is to be signed by at least 100 producers or at least 10 percent of the producers of such commodity whichever is less. Such petition shall be certified by at least 2 producers to have been signed only by producers of the commodity involved.

(b) Upon petition of the required number of producers, the Secretary shall, after consultation with the various agricultural or commodity organizations petitioning for a referendum, determine the size of the Agricultural Commodity Advisory Board and distribution of the Board membership. The Advisory Board may designate agricultural industry, Department of Agriculture and University of Delaware personnel, either by name or by office, to serve as consultants to the Board.

(c) Within 30 days after the filing of the petition by the required number of the producers, the Secretary shall appoint a nominating committee of 5 persons from the involved agricultural or commodity organizations who shall, within 60 days from the filing of such petition, nominate at least 2 candidates for each Advisory Board position and certify the names of such nominees to the Secretary. Nominees shall be selected with a view to establishing a fair representation of all producers throughout the area to be organized, which shall comprise the entire State unless otherwise determined by the Secretary after consultation with agricultural and commodity organizations, in which event the Secretary shall define such area following county lines. Upon receipt of the nominations, the Secretary shall promptly arrange an election to be held at places designated by the Secretary, reasonably convenient to all producers in the organized area, and give at least 14 days’ notice of such election in at least 1 newspaper having a general circulation in the organized area. Ballots setting forth the names of nominated candidates and providing for write-in candidates shall be made available at all polling places. Only producers of the particular commodity shall be qualified to elect members of that commodity’s Advisory Board. Polling procedures shall be established to avoid voting by others than those qualified to vote. An impartial committee appointed by the Secretary shall tabulate the votes and the candidates receiving the most votes shall be declared elected to the first Advisory Board. In each calendar year following the one in which the first Board is elected, candidates shall be selected and an election shall be held to elect a successor or successors to the Board member or members whose term or terms expire in that year. Nominations shall be made and the elections shall be held in the same manner as prescribed for the first Board except that the choice of nominating committee members, the time of nominations and the time and place of elections shall be fixed by the Secretary with the consent of the Advisory Board.

(d) At the first meeting of the first Advisory Board the Secretary shall determine by lot one third of the Board members whose terms shall expire June 30 in the calendar year following the year of the first election, one third of the Board members whose terms shall expire June 30 in the second calendar year and the remaining Board members whose terms shall expire June 30 in the third calendar year. In the event the Secretary has designated specific areas for representation on the Advisory Board, the terms of Board members in any one area shall not expire in the same year. All elected successor Board members shall be elected for 3-year terms and each shall serve until the member’s successor is elected and qualified. No Board member shall succeed himself or herself after serving 2 full terms. In the event a Board member ceases to have any of the qualifications herein established, the member’s office shall be deemed vacant. Any interim vacancy on the Board shall be filled by appointment of the Board for the remainder of the term vacated.

(e) The Secretary of Agriculture shall serve as secretary of the Advisory Board without vote. The Board shall elect, from its own membership, a chairperson, and a vice chairperson who shall act in the absence of the chairperson, and such other officers as the Board may deem appropriate. The terms of such officers shall expire on June 30 of each year and their successors shall be elected at the first meeting following that date.
3 Del. C. § 2281 — Delaware Code / Title 3 / Chapter 22 / Subchapter V / Section 2281
§ Â
        2281. Suits for enforcement.
Status: in_force

Any person may file suit in Chancery Court for injunctive relief against:

(1) Any person found pursuant to § 2260 of this title to have violated this chapter or regulations promulgated thereunder;

(2) The Department of Agriculture, for any alleged failure to perform any act or duty mandated to the Department under this chapter; or

(3) The Commission, for any failure to perform any act or duty mandated to the Commission under this chapter or for failure to enforce the chapter or regulations promulgated thereunder.
3 Del. C. § 2262 — Delaware Code / Title 3 / Chapter 22 / Subchapter IV / Section 2262
§ Â
        2262. Certification appeals.
Status: in_force

All decisions of the Commission pursuant to § 2243 or § 2245 of this title shall be final and conclusive unless within 15 days after notice thereof, the person who was denied a certificate or whose certificate was not renewed shall appeal to the Commission for a hearing on the matter. The Commission shall hold a hearing within 60 days of receipt of the appeal and develop a record on the case upon which they shall base their decision on the appeal. The Commission may uphold, modify or reverse their decision to issue or renew the certificate.
3 Del. C. § 1042 — Delaware Code / Title 3 / Chapter 10 / Subchapter IV / Section 1042
§ Â
        1042. Carelessly starting fires; penalty.
Status: in_force

Whoever carelessly sets on fire any forest land, brush land, grain stubble, grass or other combustible material being or growing on lands neither belonging to such person nor in such person’s possession or control, or for any purpose whatsoever sets a fire on such person’s own land or lands in such person’s possession or control, and negligently allows said fire to escape from such person’s control, to the damage of the property of another, shall be fined not less than $100, nor more than $500. Nothing in this title shall prohibit an owner from setting a backfire on the owner’s own land to prevent the progress of a fire then burning.
3 Del. C. § 7203 — Delaware Code / Title 3 / Chapter 72 / Section 7203
§ Â
        7203. Penalties.
Status: in_force

Whoever violates this chapter shall for each offense be fined not more than $500, imprisoned not more than 30 days, or both. Justices of the peace shall have jurisdiction over offenses under this chapter.
3 Del. C. § 8561 — Delaware Code / Title 3 / Chapter 85 / Subchapter VI / Section 8561
§ Â
        8561. Exemption from state taxation.
Status: in_force

No association organized under this chapter shall be liable for the payment of any state tax upon its right to do business in this State, upon its earnings or income, or any part thereof, upon its capital stock, or upon any scrip, bonds, certificates, or other evidences of indebtedness issued by such corporation, and all stocks, bonds, et cetera, issued by such associations shall be exempt from all state taxation. Associations organized under this chapter shall not be required to file reports relative to taxes required by law of corporations not exempt from the payment of such taxes.
3 Del. C. § 3506 — Delaware Code / Title 3 / Chapter 35 / Section 3506
§ Â
        3506. Limitation in use of descriptive terms.
Status: in_force

It shall be unlawful for any person to use such descriptive terms as fresh, new laid, hennery, direct from farm, farm fresh, best, number one, fancy, special, extra, select, or any other words, figures or symbols which imply or modify the quality designation in describing eggs of lesser quality than Grade A.
3 Del. C. § 908 — Delaware Code / Title 3 / Chapter 9 / Subchapter II / Section 908
§ Â
        908. Criteria for eligibility and review.
Status: in_force

(a) In order to be considered eligible for inclusion in an Agricultural Preservation District, an application which qualifies under the requirements of § 907(a) or (d) of this title shall satisfy the following criteria:

(1) The owner or owners seeking inclusion of real property in the District shall hold fee simple title to such property;

(2) The real property proposed for inclusion in the District shall have an agricultural zoning designation and shall not be subject to any major subdivision plan;

(3) The real property shall consist of viable and productive farmlands and/or forestlands which meet the minimum LESA scoring requirements for eligibility established by the Foundation through adopted regulations;

(4) The owner or owners of the real property proposed for inclusion in the District execute a declaration in recordable form committing to the District restrictions set forth in § 909 of this title; and

(5) The real property proposed for inclusion in the District shall include all of the eligible real property located in the tax parcel or tax parcels subject to application, and no eligible real property shall be carved out or otherwise excluded from the application for establishment of an Agricultural Preservation District or the application to sell a preservation easement pursuant to subchapter III of this chapter.

(b) In reviewing applications for establishment of an Agricultural Preservation District the Foundation, the Board and the Planning and Zoning Commission shall consider the following factors:

(1) The viability and productivity of the farmlands and/or forestlands based on the LESA scoring system;

(2) The extent to which the farmlands and/or forestlands are being actively utilized for agricultural purposes;

(3) The extent to which the long-term preservation of the farmlands and/or forestlands would be consistent with land use plans adopted after public hearing at state and county levels;

(4) The potential for expansion of the District if established and compatibility with surrounding land uses;

(5) The ancillary benefit of creating additional open space adjacent to existing established and protected open space;

(6) The potential for acquisition of agricultural preservation easements under rating or ranking systems that may be adopted through regulations of the Foundation;

(7) The socio-economic benefits derived from an agricultural and historic perspective as a result of inclusion of the farmlands and/or forestlands in an Agricultural Preservation District; and

(8) Consistency with the statewide agricultural lands preservation strategy adopted pursuant to § 904(a)(3) of this title.
3 Del. C. § 3112 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3112
§ Â
        3112. Licensed tester.
Status: in_force

Every person or agent or servant thereof engaged in the business of receiving or buying milk or cream on the basis of, or in any way with reference to, the amount of butterfat contained therein, or on the basis of tests made for official inspection or public records as determined by the “Babcock test” shall have the test or tests made only by a licensed tester who shall be responsible for the same and who shall keep a proper and permanent record of all tests made and a copy of such record shall be kept by the owner or manager of the plant.
3 Del. C. § 3162 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3162
§ Â
        3162. Computation of amount; milk from another state.
Status: in_force

Milk purchased, acquired or received by a milk dealer or handler from producers outside the State and sold or distributed by such dealers or handlers as fluid milk within the State, shall be included in computing the amount of such dealer’s or handler’s bond, except where such dealer or handler has filed a bond for the protection of such producers within the state wherein the milk is purchased, acquired or received or with such producers. In such computation, the amount due for such milk shall be determined according to any applicable official prices or any lawful contract price.
3 Del. C. § 1912 — Delaware Code / Title 3 / Chapter 19 / Section 1912
§ Â
        1912. Rules and regulations.
Status: in_force

The Department, after reasonable notice and hearing, is empowered to promulgate and enforce rules and regulations for the administration of this chapter and to grant exemptions from specific requirements of this chapter as, from time to time, may be deemed necessary.
3 Del. C. § 1106 — Delaware Code / Title 3 / Chapter 11 / Section 1106
§ Â
        1106. Establishment of quarantine restrictions.
Status: in_force

(a) The Department may establish quarantine restrictions in areas infested or infected with dangerously injurious plant pests and areas adjacent thereto, and adopt, issue and enforce rules and regulations relative to such quarantine.

(b) Under such quarantine restrictions, the Department shall prevent the movement, shipment or transportation of agricultural, forest, horticultural or any other material capable of carrying the plant pest under restriction, in any state of its development.

(c) The Department shall, under such quarantine restrictions, detain for official inspection any person, car, vessel, truck, wagon or other conveyance suspected or known to carry any material in violation of any quarantine restriction or of any rules or regulations established by the authority of this chapter.

(d) Any person(s) who violates a quarantine duly imposed by the Department performs an illegal act and shall be liable for the imposition of a civil penalty as prescribed in this chapter.
3 Del. C. § 10010 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10010
§ Â
        10010. Annual report.
Status: in_force

The Commission shall make an annual report to the Governor on or before the 1st day of January in each year. The report shall include a statement of receipts and disbursements by the Commission and any additional information and recommendations which the Commission deems of value.
3 Del. C. § 10180 — Delaware Code / Title 3 / Chapter 101 / Subchapter V / Section 10180
§ Â
        10180. Short title.
Status: in_force

This compact shall be known and may be cited as the “Interstate Anti-Doping and Drug Testing Standards Compact.”
3 Del. C. § 715 — Delaware Code / Title 3 / Chapter 7 / Section 715
§ Â
        715. Expenditure of funds upon termination of order.
Status: in_force

Any funds remaining with the Advisory Board after the termination of a development order shall be expended to meet existing legal obligations of the Board. Any surplus remaining shall be expended for research purposes or other lawful purposes under this chapter at the discretion of the Board.
3 Del. C. § 1506 — Delaware Code / Title 3 / Chapter 15 / Section 1506
§ Â
        1506. Exemptions.
Status: in_force

(a) Sections 1502 through 1504 of this title do not apply to any of the following:

(1) To seed or grain not intended for sowing purposes.

(2) To seed in storage in, or being transported, or consigned to a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of the seed bears the statement “seed for processing,” and that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed is subject to §§ 1502 through 1504 of this title.

(3) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not engaged in producing, processing, or marketing seeds subject to this chapter.

(4) To seed sold by 1 farmer to another if the seed has not been advertised for sale or delivered through a carrier.

(5) To grain sold by farmers for cover crop purposes and not delivered through a common carrier.

(b) No person shall be subject to the penalties of this chapter for having sold or offered for sale seeds subject to this chapter which were incorrectly labeled or represented as to kind, species, subspecies if appropriate, variety, type or origin, elevation, or year of collection, if required, if the seeds cannot be identified by examination, unless the person failed to obtain an invoice, genuine grower’s or tree seed collector’s declaration, or other labeling information and to take such other precautions as may be reasonable to ensure the identity to be the identity stated.

(c) Sections 1503 and 1505 of this title do not apply to tree seed produced by the consumer.
3 Del. C. § 10014 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10014
§ Â
        10014. License to work for a race meet licensee.
Status: in_force

(a) The Commission may establish categories of licenses and impose license fees as specified in subsection (b) of this section for persons working for a licensee during pari-mutuel harness race meetings under the jurisdiction of the Commission.

(b) The Commission shall require persons working for a licensee during any calendar year to be licensed and at the time of making application for such license pay to the Commission a fee, as follows:

(1) Vendor, $50;

(2) Photographer, $50;

(3) For employees of a vendor, employees of a photographer, concession stand workers, maintenance personnel, parking lot attendants, admission staff, security personnel, mutual employees, timer or totalizator and film patrol workers, $20; and

(4) For any other persons designated by the Commission to be licensed to work for a race meet licensee during a pari-mutuel harness race meet, $20.
3 Del. C. § 945 — Delaware Code / Title 3 / Chapter 9 / Subchapter VI / Section 945
§ Â
        945. Loan requirements and approval.
Status: in_force

(a) The following requirements and conditions apply to loans provided by the Foundation:

(1) The maximum total amount of loans provided to an individual recipient shall not exceed $500,000.

(2) The maximum loan amount for any loan shall not exceed 70% of the appraised preservation easement value of the farmland property which is being purchased and subject to perpetual preservation easement.

(3) A condition of the loan is that the eligible farmland being acquired is to be subjected at closing to a permanent preservation easement in the form determined by the Foundation, such easement to have priority status and not be subject to subordination.

(4) The loans provided by the Foundation shall be secured by notes and mortgages which allow for the following conditions:

a. Notes and mortgages will be subordinated to other loans provided for the purchase, in whole or in part, of the eligible farmlands; provided however, that the perpetual preservation easement placed on the eligible farmland property at the time of settlement shall not be subordinated.

b. The notes and mortgages shall bear no interest and the payback may be structured for final payback within 30 years, with initial payments to begin after the primary commercial or other financing for the purchase of the farmland property is satisfied or released.

c. The notes and mortgages shall contain a requirement for payment in full of the balance of the loan upon the sale or transfer of the secured farmland property; provided however, the Foundation shall have the discretion to allow for assumption of the loan by the transferee under such terms and conditions deemed advisable, provided the transferee satisfies the loan eligibility requirements set forth in § 944(a) of this title above.

(5) Loans are limited to the purchase of farmland and farmland improvements only. Portions of the property subject to purchase which are used or proposed for use for residential purposes are not eligible for loans, provided further nonetheless, that those lands used or intended for use for residential purposes are subject to the limitations set forth in § 909(a)(4)a. and b. of this title.

(b) The approval of loans by the Foundation under this subchapter is purely a discretionary function and the Foundation shall be under no obligation to provide a loan to any applicant.
3 Del. C. § 1604 — Delaware Code / Title 3 / Chapter 16 / Subchapter I / Section 1604
§ Â
        1604. Licensed grain inspectors.
Status: in_force

(a) Any person engaged in the operation of a commercial grain elevator, grain warehouse or other grain storage facility shall only utilize licensed grain inspectors for all grain sampling and testing.

(b) To obtain a Grain Inspector’s License applicants shall be required to furnish satisfactory evidence of good character to the Department and to pass an examination conducted by the Department. The examination shall test the applicant’s ability to operate grain moisture testing devices, to use grain inspecting equipment, and knowledge of grain inspection procedures.

(c) Upon attainment of a passing score on the examination, and payment of a $10 fee, the Department shall issue a Grain Inspector License to the applicant for 2 calendar years. The license shall be renewed biennially upon successful reexamination, if the Licensed Grain Inspectors duties have been performed satisfactorily during the previous 2-year period, and upon payment of a $10 fee. Grain Inspector Licenses shall be posted at the commercial grain elevator, grain warehouse or other grain storage facility in full view of the public.
3 Del. C. § 940 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 940
§ Â
        940. Condemnations.
Status: in_force

The provisions of § 922 of this title as they apply to land located in agricultural preservation districts shall also apply to the real property located in forestland preservation areas and real property subject to forestland preservation easements, and the terms “Agricultural Preservation District(s)”, “agricultural uses,” and “preservation easement,” as used in § 922 of this title, shall include a “forestland preservation area,” “forestry and related activities” and “forestland preservation easement” respectively.
3 Del. C. § 8711 — Delaware Code / Title 3 / Chapter 87 / Section 8711
§ Â
        8711. Additional prohibited acts.
Status: in_force

(a) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.

(b) No person shall:

(1) Forge any official device, mark, or certificate;

(2) Without authorization from the Secretary use any official device, mark or certificate, or simulation thereof, or alter, detach, deface or destroy any official device, mark or certificate;

(3) Contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface or destroy any official device, mark or certificate;

(4) Knowingly possess, without promptly notifying the Secretary or the Secretary’s representative, any official device or any counterfeit, simulated, forged or improperly altered official certificate or any device or label or any carcass of any animal (including poultry), or part or product thereof, bearing any counterfeit, simulated, forged or improperly altered official mark;

(5) Knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or

(6) Knowingly represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has not been so inspected and passed, or exempted.
3 Del. C. § 8720 — Delaware Code / Title 3 / Chapter 87 / Section 8720
§ Â
        8720. Powers of Secretary; investigation; record keeping.
Status: in_force

(a) The Secretary shall also have power:

(1) To gather and compile information concerning and to investigate from time to time the organization, business, conduct, practices, and management of any person engaged in intrastate commerce and the relation thereof to other persons;

(2) To require, by general or special orders, persons engaged in intrastate commerce, or any class of them, or any of them, to file with the Secretary in such form as the Secretary may prescribe, annual or special, or both annual and special reports or answers in writing to specific questions, furnishing to the Secretary such information as the Secretary may require as to the organization, business, conduct, practices, management, and relation to other persons, of the person filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the Secretary may prescribe, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe, unless additional time be granted in any case by the Secretary.

(b) (1) For the purpose of this chapter the Secretary shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person relating to any matter under investigation. The Secretary may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence;

(2) Such attendance of witnesses, and the production of such documentary evidence, may be required at any designated place of hearing. In case of disobedience to the subpoena the Secretary may invoke the aid of any court designated in § 8718 of this title in requiring the attendance and testimony of witnesses and the production of documentary evidence;

(3) Any of the courts designated in § 8718 of this title within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena issued to any person, issue an order requiring such person to appear before the Secretary or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof;

(4) Upon the application of the Attorney General of this State at the request of the Secretary, the Superior Court shall have jurisdiction to issue writs of mandamus commanding any person to comply with this chapter or any order of the Secretary made in pursuance thereof;

(5) The Secretary may order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Secretary and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or a person under his or her direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Secretary as provided in this section;

(6) Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of this State, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in such courts;

(7) No person shall be excused from attending and testifying or from producing books, papers, schedules of charges, contracts, agreements or other documentary evidence before the Secretary or in obedience to the subpoena of the Secretary whether such subpoena be signed or issued by him or his delegate, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her or it may tend to incriminate him or her or it or subject him or it to a penalty or forfeiture; but no individual shall be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she is compelled, after having claimed his or her privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying or contempt after having received immunity from prosecution.

(c) (1) Any person who shall neglect or refuse to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in his or her or its power to do so, in obedience to the subpoena or lawful requirement of the Secretary shall upon conviction thereof by a court of competent jurisdiction be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment for not more than 1 year, or by both such fine and imprisonment;

(2) Any person who shall wilfully make or cause to be made any false entry or statement of fact in any report required to be made under this chapter, or that shall wilfully make, or cause to be made, any false entry in any account, record, or memorandum kept by any person subject to this chapter or that shall wilfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda, of all facts and transactions appertaining to the business of such person or that shall wilfully remove out of the jurisdiction of this State, or wilfully mutilate, alter, or by any other means falsify any documentary evidence of any person subject to this chapter or that shall wilfully refuse to submit to the Secretary or to any of the Secretary’s his authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any person subject to this chapter in his or her possession or within his or her control, shall be subject, upon conviction, to a fine of not less than $1,000 nor more than $5,000, or to imprisonment for a term of not more than 3 years, or to both such fine and imprisonment;

(3) If any person required by this chapter to file any annual or special report shall fail so to do within the time fixed by the Secretary for filing the same, and such failure shall continue for 30 days after notice of such default, such person shall forfeit to this State the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the General Fund of this State, and shall be recoverable in a civil suit in the name of the State brought in the county where the person has his or her or its principal office or in any county in which he or she or it shall do business. It shall be the duty of the various Deputies Attorney General, under the direction of the Attorney General of this State, to prosecute for the recovery of such forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of this State;

(4) Any officer or employee of this State who shall make public any information obtained by the Secretary, without his authority, unless directed by a court, or use any such information to his own advantage, shall be punished by a fine not exceeding $5,000, or by imprisonment, not exceeding 1 year, or by both such fine and imprisonment, in the discretion of the court;

(5) Superior Court shall have jurisdiction over the offenses in this section.
3 Del. C. § 7302 — Delaware Code / Title 3 / Chapter 73 / Subchapter I / Section 7302
§ Â
        7302. Enforcement of importation requirements; rules and regulations.
Status: in_force

The Department of Agriculture shall enforce § 7301 of this title, and may make such rules and regulations as are necessary and proper for enforcement.
3 Del. C. § 2261 — Delaware Code / Title 3 / Chapter 22 / Subchapter IV / Section 2261
§ Â
        2261. Hearings; procedural requirements.
Status: in_force

(a) For purposes of this section, the Commission may create a hearing panel that will be subordinate to the Commission and comprised of individuals selected by the Commission. The Commission or hearing panel shall examine all complaints meeting the criteria of § 2260(a) of this title brought before it for violations of this chapter or Commission regulations within 60 days of receipt of the complaint. The Commission or hearing panel shall conduct a hearing on any matter that on its face presents a colorable claim that a violation has occurred.

(b) The Commission or hearing panel shall send 10 days’ notice of any hearing to all named parties, together with a recital of the complaint or issue brought before the Commission or hearing panel. It shall be sufficient to send such notice to the attorneys of those who are represented by counsel.

(c) When a hearing panel presides over a hearing, the hearing panel shall prepare a proposed order for the consideration of the Commission that shall include:

(1) A brief summary of the evidence and recommended findings of fact based upon the evidence.

(2) Recommended conclusions of law.

(3) A recommended decision.

(d) When a proposed order by a hearing panel is submitted to the Commission, a copy shall be delivered to each of the parties who shall have 20 days to submit in writing to the Commission exceptions, comments, and arguments respecting the proposed order.

(e) The Commission shall make its final decision based upon the entire record of the case and the recommendations of the hearing panel, if applicable. The Commission’s decision shall be incorporated into a final order which shall include:

(1) A recitation of the evidence before the commission.

(2) The Commission’s findings of fact.

(3) The Commission’s decision and a brief statement of the reasons for its decision.

(4) The manner in which the Commission construed the law and applied it to the facts.

(5) Any remunerative action a violator must take, including any fine, revocation, suspension, or modification to any certificate.

(f) The Commission shall have the power to compel the attendance of witnesses whose testimony is related to the alleged violation under review and the production of records related to the alleged violation under review by filing a praecipe for a subpoena through the Attorney General or a Deputy Attorney General with the Prothonotary of any county of this State, such a subpoena to be made by any sheriff of the State; failure to obey said subpoena will be punishable according to the rules of the Superior Court.

(g) All decisions of the Commission pursuant to this subsection shall be final and conclusive unless a party to such hearing shall appeal pursuant to the provisions of § 2263 of this title.
3 Del. C. § 7108 — Delaware Code / Title 3 / Chapter 71 / Section 7108
§ Â
        7108. Feeding of garbage to hogs prohibited; exception; penalty.
Status: in_force

(a) No person shall feed garbage to hogs in this State except as provided in subsection (c) of this section.

(b) For the purposes of this section “garbage” means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods, swine carcasses and parts thereof, but not to include waste exclusively vegetable in nature.

(c) This section shall not apply to any individual farmer who feeds only his or her own household garbage to hogs which are raised for such individual farmer’s own use.

(d) Whoever wilfully violates this section shall be fined not less than $200 and not more than $500. Each day’s violation shall be considered a separate offense.

(e) Justices of the peace shall have original jurisdiction to hear, try and finally determine alleged violations of this section.
3 Del. C. § 8718 — Delaware Code / Title 3 / Chapter 87 / Section 8718
§ Â
        8718. Appeal and jurisdiction.
Status: in_force

(a) Any order issued under § 8707(5) or 8708(1), (2), or (3) of this title shall be final, unless appealed to the Superior Court within 15 days after service. Review of any such order and the determinations upon which it is based shall be upon the record in the administrative proceeding in which the order was issued.

(b) The Superior Court has jurisdiction of offenses under this chapter, except as otherwise provided in this section.

(c) The Court of Chancery shall have jurisdiction to prevent and restrain violations of this chapter.

(d) All proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of this State. Subpoenas for witnesses who are required to attend a court in any county may run into any other county in such proceeding.
3 Del. C. § 1105 — Delaware Code / Title 3 / Chapter 11 / Section 1105
§ Â
        1105. Failure to pay expenses of treating diseased plants and pests; penalty.
Status: in_force

(a) The Department shall, within 90 days, provide notice of all expenses incurred while controlling a dangerous injurious plant pest infestation or infection to the person(s), owner(s) or tenant(s) associated with the aforementioned infected or infested plants.

(b) The Department shall, within 90 days, provide notice of all expenses incurred while controlling the spread of a dangerously injurious plant pest infestation or infection to plants found in dangerous proximity to the person(s), owner(s) or the tenant(s) associated with the aforementioned plants.

(c) If the aforementioned person(s), owner(s) or tenant(s) fail, neglect or refuse, after 30 days, to pay all the control expenses incurred by the Department or to establish a payment schedule approved by the Secretary, a civil penalty of not less than double the amount of the Department expenses incurred to control the dangerously injurious plant pest infestation or infection shall be imposed upon them.

(d) The aforementioned person(s), owner(s) or tenant(s) shall also be liable for the imposition of a civil penalty as prescribed in this chapter.
3 Del. C. § 7404 — Delaware Code / Title 3 / Chapter 74 / Section 7404
§ Â
        7404. Diagnosis and testing; expense.
Status: in_force

The testing and diagnosis of any equine suspected of having Equine Infectious Anemia shall be by the standard “agar gel immunodiffusion test” or by such other procedures as prescribed by the Department, and the cost thereof borne by the owner.
3 Del. C. § 10166 — Delaware Code / Title 3 / Chapter 101 / Subchapter IV / Section 10166
§ Â
        10166. Licenseeâs commissions on pari-mutuel and totalizator pools.
Status: in_force

(a) The Commission shall authorize as gross commissions on pari-mutuel and totalizator pools to the licensee operating a racing meet under this chapter 17% of the total contributions to all pari-mutuel and totalizator pools conducted or made at the racing meet and at every race or meeting, plus all of the odd cents of all redistributions to be made on all pari-mutuel and totalizator pool contributions exceeding the sum equal to the next lowest multiple of 10, such odd cents to be calculated on the basis of each dollar wagered. If a minus pool is created, the licensee may break to the lowest multiple of 5.

(b) In addition to the other commissions allowed by this section, every person engaged in the business of conducting a racing meet under this chapter shall receive as a gross commission 2% of the total contributions to all dual pari-mutuel and totalizator pools conducted on each racing day on any and every racetrack licensed under this chapter. Dual pari-mutuel and totalizator pool means a separate wagering pool in which an interest is represented by a single wager on 2 entries, and shall include, but not be limited to, daily doubles, exactas, quinellas and perfectas.

(c) In addition to the other commissions allowed by this section, every person engaged in the business of conducting a racing meet under this chapter shall receive as a gross commission 8% of the total contributions to all special pari-mutuel and totalizator pools conducted on each racing day on any and every racetrack licensed under this chapter. Special pari-mutuel and totalizator pool means a separate wagering pool in which an interest is represented by a single wager on more than 2 entries, and shall include, but not be limited to, tri-perfectas, trifectas, twin doubles and big exactas.

(d) From the gross commissions allowed by this section, the licensee may retain as its net commissions only those sums which remain after payment of the taxes imposed by § 10165 of this title.
3 Del. C. § 8211 — Delaware Code / Title 3 / Chapter 82 / Subchapter I / Section 8211
§ Â
        8211. Joint regulatory powers of Department of Natural Resources and Environmental Control, Department of Agriculture, Department of Health and Social Services, Division of Public Health; quarantine and areawide emergencies.
Status: repealed

(a) Regulations. —

The Department of Natural Resources and Environmental Control, Department of Agriculture, Department of Health and Social Services, and Division of Public Health are hereby delegated the power to adopt joint regulations signed by all 3 Department Secretaries setting forth procedures regulating the conduct of practitioners of human health, human health services, animal health services and animal control agencies for the purpose of fulfilling or carrying out the purpose and intent of this chapter.

(b) Areawide quarantine. —

If rabies is known to exist within an area, the Division, in conjunction with the Department of Natural Resources and Environmental Control and the Department may establish a rabies quarantine and shall define the boundaries or the quarantine area and specify the animal or animals subject to quarantine. All these animals within the quarantine area and subject to the quarantine restrictions shall be kept in strict upon the premises of the owner at all times until the quarantine is terminated. An animal, subject to the quarantine, may not be brought into the quarantine area or taken out of the quarantine area without written permission.

(c) Areawide rabies emergency. —

The Director of the Division may declare an areawide rabies emergency and shall define the boundaries of the area and place specified animals under quarantine. By doing so, the Director of the Division authorizes the Department of Natural Resources and Environmental Control, its agents and state and local police officers to destroy on sight any animals not in compliance with quarantine orders.

(d) [Repealed.]
3 Del. C. § 711 — Delaware Code / Title 3 / Chapter 7 / Section 711
§ Â
        711. Legal counsel.
Status: in_force

The Advisory Board may appoint an attorney who shall act for the Board and the Secretary when required. The Board shall fix the compensation and terms of employment of such attorney.
3 Del. C. § 1005 — Delaware Code / Title 3 / Chapter 10 / Subchapter I / Section 1005
§ Â
        1005. Educational and research activities.
Status: in_force

The Department of Agriculture may, so far as other duties will permit, carry on educational lectures and conduct exhibits on forestry within this State in the various colleges and schools of this State, and may also advance forestry education by publication. All colleges and schools supported in whole or in part by the State shall furnish such aid to the Department of Agriculture as circumstances will permit. The Department of Agriculture may also conduct investigations on forestry matters and publish for distribution literature of a scientific or general interest pertaining thereto that may promote the objects of Chapter 10, 26 or 91 of this title.
3 Del. C. § 1047 — Delaware Code / Title 3 / Chapter 10 / Subchapter IV / Section 1047
§ Â
        1047. Jurisdiction of offenses.
Status: in_force

The justices of the peace shall have jurisdiction of offenses under this subchapter except where jurisdiction of any such offenses is vested exclusively in another court.
3 Del. C. § 7105 — Delaware Code / Title 3 / Chapter 71 / Section 7105
§ Â
        7105. Violations; penalties.
Status: in_force

Whoever wilfully violates this chapter or Chapter 73 of this title, or any regulations of the Department of Agriculture, or wilfully interferes with officers appointed under said chapters, shall, if no other penalty is provided by law, be fined not more than $100 or imprisoned not more than 30 days, or both.
3 Del. C. § 8523 — Delaware Code / Title 3 / Chapter 85 / Subchapter II / Section 8523
§ Â
        8523. Removal of directors and officers.
Status: in_force

Any director of the association may, for cause, at any regular meeting, or any special meeting called for that purpose, be removed from office by the vote of not less than two-thirds of the stockholders present, or by the two-third vote of a representative body created and authorized by the bylaws to cause such removal. Any officer of the association may, for cause, at any regular meeting of the board of directors, or any special meeting of the board called for the purpose, be removed from office by the vote of not less than two-thirds of the directors present. Ten days written notice of the time and place and object of the meeting shall be given, in the manner prescribed in the bylaws, to the members of the body authorized to cause the removal, and to the directors or officers against whom charges are to be presented. Such directors or officers shall, at the same time, be informed of the nature of the charges to be preferred against them, and at such meeting shall have the opportunity to be heard in person or by counsel and by witnesses.
3 Del. C. § 3504 — Delaware Code / Title 3 / Chapter 35 / Section 3504
§ Â
        3504. Labeling.
Status: in_force

(a) The container in which any eggs are marketed in this State shall bear prominently on the outside portion thereof:

(1) The grade of the eggs;

(2) The size-weight class of the eggs;

(3) The word “eggs”;

(4) The numerical count of the contents;

(5) The name and address of the packer or distributor.

(b) Eggs marketed in any manner other than in containers labeled in accordance with subsection (a) of this section shall be kept in full view of the prospective purchaser and shall have adjacent thereto, and prominently displayed, a sign or similar device bearing the grade and size-weight class of the eggs. Eggs not graded for quality shall be marked “UNCLASSIFIED.” Eggs not sorted into official size classes shall be marked “UNCLASSIFIED.” Such sign or device shall bear letters and numbers at least ½ inch in height of such character as shall be clearly visible to prospective purchasers.

(c) The term “fresh eggs,” or any legend, symbol, picture, representation or device declaring or tending to convey the impression that the eggs are fresh, may be applied only to eggs meeting the requirements of grade A or AA.

(d) No label, container, display, or advertisement of eggs shall contain incorrect, fraudulent, or misleading representations. No person shall advertise eggs for sale unless the unabbreviated grade and size-weight class are conspicuously designated in block letters at least half as high as the tallest letter in the word “eggs” or the tallest figure in the price, whichever is larger.

(e) Letters and numerals used to designate the grade and size-weight class of eggs marketed in containers shall be clearly legible and at least â  âof an inch in height. Cartons, cases or other containers holding 2 or more containers of eggs shall also be lettered and numbered in accordance with this subsection. Any carton, case or other container which is reused shall, upon such reuse, have obliterated or removed therefrom any labels, lettering, numerals, or other symbols or representations not applicable to the contents upon such reuse.(a) The container in which any eggs are marketed in this State shall bear prominently on the outside portion thereof:

(1) The grade of the eggs;

(2) The size-weight class of the eggs;

(3) The word “eggs”;

(4) The numerical count of the contents;

(5) The name and address of the packer or distributor.

(b) Eggs marketed in any manner other than in containers labeled in accordance with subsection (a) of this section shall be kept in full view of the prospective purchaser and shall have adjacent thereto, and prominently displayed, a sign or similar device bearing the grade and size-weight class of the eggs. Eggs not graded for quality shall be marked “UNCLASSIFIED.” Eggs not sorted into official size classes shall be marked “UNCLASSIFIED.” Such sign or device shall bear letters and numbers at least ½ inch in height of such character as shall be clearly visible to prospective purchasers.

(c) The term “fresh eggs,” or any legend, symbol, picture, representation or device declaring or tending to convey the impression that the eggs are fresh, may be applied only to eggs meeting the requirements of grade A or AA.

(d) No label, container, display, or advertisement of eggs shall contain incorrect, fraudulent, or misleading representations. No person shall advertise eggs for sale unless the unabbreviated grade and size-weight class are conspicuously designated in block letters at least half as high as the tallest letter in the word “eggs” or the tallest figure in the price, whichever is larger.

(e) Letters and numerals used to designate the grade and size-weight class of eggs marketed in containers shall be clearly legible and at least    of an inch in height. Cartons, cases or other containers holding 2 or more containers of eggs shall also be lettered and numbered in accordance with this subsection. Any carton, case or other container which is reused shall, upon such reuse, have obliterated or removed therefrom any labels, lettering, numerals, or other symbols or representations not applicable to the contents upon such reuse.
3 Del. C. § 944 — Delaware Code / Title 3 / Chapter 9 / Subchapter VI / Section 944
§ Â
        944. Loan program eligibility.
Status: in_force

(a) In order to receive loan moneys from the Foundation for the purchase and preservation of farmlands the following eligibility criteria shall apply:

(1) The loan recipient shall be at least 18 years of age and no older than 40 years of age at the time a loan application is submitted to the Foundation.

(2) The loan recipient at the time of loan application shall have at least 3 years of farming or agriculturally related activity experience.

(3) The loan recipient at the time of loan application shall have a net worth of no more than $300,000.

(4) The loan recipient shall be required to take title to the farmland in an individual name.

(5) The farmland subject to purchase shall contain at least 15 tillable acres.

(6) The loan recipient prior to the receipt of loan moneys shall not own or have an ownership interest in more than twice the tillable acres of farmland than the amount of tillable acres subject to purchases with loan moneys.

(7) The farmland shall be located in the State of Delaware.

(8) Loan applicants shall be residents of the State of Delaware.

(9) The farmland subject to purchase may be comprised of a combination of tillable acres, forestlands or wetlands; provided however, that the farmland property is zoned for agricultural usage.

(10) The farmlands being purchased shall not be subject to an existing preservation easement, conservation easement or similar limitation which restricts residential or commercial development.

(11) Loan applicants shall contractually commit that they will be actively engaged in agricultural usage of the purchased farmland during the term of the Foundation loan.

(b) The Foundation shall be entitled to adopt a loan application form requesting information from the loan applicant which includes, but is not limited to, information regarding loan eligibility.
3 Del. C. § 10032 — Delaware Code / Title 3 / Chapter 100 / Subchapter II / Section 10032
§ Â
        10032. Delaware-owned or bred races.
Status: in_force

(a) Persons licensed to conduct harness horse racing meets under this chapter may offer non-stakes races limited to horses wholly owned by Delaware residents or sired by Delaware stallions.

(b) For purposes of this section, a Delaware bred horse shall be defined as one sired by a Delaware stallion who stood in Delaware during the entire breeding season in which it sired a Delaware bred horse or a horse whose dam was a wholly-owned Delaware mare at the time of breeding as shown on the horse’s United States Trotting Association registration or eligibility papers. The breeding season means that period of time beginning February 1 and ending August 1 of each year.

(c) All horses to be entered in Delaware-owned or bred races must first be registered and approved by the Commission or its designee. The Commission may establish a date upon which a horse must be wholly-owned by a Delaware resident(s) to be eligible to be nominated, entered or raced as Delaware-owned. In the case of a corporation seeking to enter a horse in a Delaware-owned or bred event as a Delaware-owned entry, all owners, officers, shareholders and directors must meet the requirements for a Delaware resident specified below. In the case of an association or other entity seeking to enter a horse in a Delaware-owned or bred event as a Delaware-owned entry, all owners must meet the requirements for a Delaware resident specified below. Leased horses are ineligible as Delaware-owned entries unless both the lessor and the lessee are Delaware residents as set forth in this section.

(d) The following actions shall be prohibited for Delaware-owned races and such horses shall be deemed ineligible to be nominated, entered or raced as Delaware-owned horses.

(1) Payment of the purchase price over time beyond the date of registration;

(2) Payment of the purchase price through earnings beyond the date of registration;

(3) Payment of the purchase price with a loan, other than from a commercial lender regulated in Delaware and balance due beyond the date of registration;

(4) Any management fees, agent fees, consulting fees or any other form of compensation to nonresidents of Delaware, except industry standard training and driving fees; or

(5) Leasing a horse to a nonresident of Delaware.

(e) The Commission or its designee shall determine all questions about a person’s eligibility to participate in Delaware-owned races. In determining whether a person is a Delaware resident, the term “resident” shall mean the place where an individual has his or her permanent home, at which that person remains when not called elsewhere for labor or other special or temporary purposes, and to which that person returns in seasons of repose. For purposes of this section, the term “residence” shall mean a place a person voluntarily fixed as a permanent habitation with an intent to remain in such place for the indefinite future.

(f) The Commission or its designee may review and subpoena any information which is deemed relevant to determine a person’s residence, including, but not limited to, the following:

(1) Where the person lives and has been living;

(2) The location of the person’s source(s) of income;

(3) The address used by the person for the payment of taxes, including federal, state and property taxes;

(4) The state in which the person’s personal automobiles are registered;

(5) The state issuing the person’s driver’s license;

(6) The state in which the person is registered to vote;

(7) Ownership of property in Delaware or outside of Delaware;

(8) The residence used for U.S.T.A. membership and U.S.T.A. registration of a horse, whichever is applicable;

(9) The residence claimed by a person on a loan application or other similar document;

(10) Membership in civic, community and other organizations in Delaware and elsewhere.

None of these factors when considered alone shall be dispositive, except that a person must have resided in the State of Delaware in the preceding calendar year for a minimum of 183 days. Consideration of all of these factors together, as well as a person’s expressed intention, shall be considered in arriving at a determination. The burden shall be on the applicant to prove Delaware residency and eligibility for Delaware-owned or bred races. The Commission may promulgate by regulation any other relevant requirements necessary to ensure that the licensee is a Delaware resident. In the event of disputes about a person’s eligibility to enter a Delaware-owned or bred race, the Commission shall resolve all disputes and that decision shall be final.

(g) Each owner and trainer, or the authorized agent of an owner or trainer, or the nominator (collectively, the “entrant”), is required to disclose the true and entire ownership of each horse with the Commission or its designee, and to disclose any changes in the owners of the registered horse to the Commission or its designee. All licensees and racing officials shall immediately report any questions concerning the ownership status of a horse to the Commission racing officials, and the Commission racing officials may place such a horse on the steward’s or judge’s list. A horse placed on the steward’s or judge’s list shall be ineligible to start in a race until questions concerning the ownership status of the horse are answered to the satisfaction of the Commission or the Commission’s designee, and the horse is removed from the steward or judge’s list.

(h) If the Commission, or the Commission’s designee, finds a lack of sufficient evidence of ownership status, residency or other information required for eligibility, prior to a race, the Commission or the Commission’s designee may order the entrant’s horse scratched from the race or ineligible to participate.

(i) After a race, the Commission or the Commission’s designee may, upon reasonable suspicion, withhold purse money pending an inquiry into ownership status, residency or other information required to determine eligibility. If the purse money is ultimately forfeited because of a ruling by the Commission or the Commission’s designee, the purse money shall be redistributed per order of the Commission or the Commission’s designee.

(j) If purse money has been paid prior to reasonable suspicion, the Commission or the Commission’s designee may conduct an inquiry and make a determination as to eligibility. If the Commission or the Commission’s designee determines there has been a violation of ownership status, residency or other information required for eligibility, it shall order the purse money returned and redistributed per order of the Commission or the Commission’s designee.

(k) Anyone who willfully provides incorrect or untruthful information to the Commission or its designee pertaining to the ownership or breeding of a Delaware-owned or bred horse or pertaining to the declaration of a horse in a race restricted to Delaware-owned or bred horses or who commits any other fraudulent act in connection with the entry or registration of a Delaware-owned or bred horse, in addition to other penalties imposed by law, shall be subject to mandatory revocation of licensing privileges in the State of Delaware for a period to be determined by the Commission in its discretion except that absent extraordinary circumstances, the Commission shall impose a minimum revocation period of 2 years and a minimum fine of $5,000 from the date of the violation of these rules or the decision of the Commission, whichever occurs later.

(l) Any person whose license is suspended or revoked under subsection (k) of this section shall be required to apply for reinstatement of licensure and the burden shall be on the applicant to demonstrate that his or her licensure will not reflect adversely on the honesty and integrity of harness racing or interfere with the orderly conduct of a race meeting. Any person whose license is reinstated under this subsection shall be subject to a 2-year probationary period, and may not participate in any Delaware-owned or bred race during this probationary period. Any further violations of this section by the licensee during the period of probationary licensure shall, absent extraordinary circumstances, result in the Commission imposing revocation of all licensure privileges for a 5-year period along with any other penalty the Commission deems reasonable and just.

(m) Any suspension imposed by the Commission under this subsection shall not be subject to the stay provisions of § 10144 of Title 29.
3 Del. C. § 8705 — Delaware Code / Title 3 / Chapter 87 / Section 8705
§ Â
        8705. Misbranded products.
Status: in_force

“Misbranded” shall apply to any livestock product or poultry product under 1 or more of the following circumstances:

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

(2) If it is offered for sale under the name of another food;

(3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately thereafter the name of the food imitated;

(4) If its container is so made, formed, or filled as to be misleading;

(5) Unless it bears a label showing (a) the name and place of business of the manufacturer, packer, or distributor; and (b) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count; provided, that under this paragraph exemptions as to livestock products not in containers may be established by regulations prescribed by the Secretary and provided, further, that under this clause, reasonable variations may be permitted, and exemptions as to small packages may be established for livestock products or poultry products by regulations prescribed by the Secretary;

(6) If any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(7) If it purports to be or is represented as a food for which a definition and standard of identity of composition has been prescribed by the regulations of the Secretary under § 8708 of this title unless (a) it conforms to such definition and standard, and (b) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food;

(8) If it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary under § 8708 of this title and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;

(9) If it is not subject to the provisions of subdivision (7) of this section, unless its label bears (a) the common or usual name of the food, if any, and (b) in case it is fabricated from 2 or more ingredients, the common or usual name of each ingredient; except that spices, flavorings, and colorings may, when authorized by the Secretary, be designated as spices, flavorings and colorings without naming each; provided, that, to the extent that compliance with the requirements of this clause is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary;

(10) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary after consultation with the Secretary of Agriculture of the United States, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses;

(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this subparagraph is impracticable, exemptions shall be established by regulations promulgated by the Secretary; or

(12) If it fails to bear, directly thereon and on its containers, as the Secretary may by regulations prescribe, the official inspection legend and established number of the establishment where the product was prepared and, unrestricted by any of the foregoing, such other information as the Secretary may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.
3 Del. C. § 3121 — Delaware Code / Title 3 / Chapter 31 / Subchapter II / Section 3121
§ Â
        3121. Persons responsible for violations.
Status: in_force

For violation of any of this subchapter proceedings may be instituted against the owner or manager who is responsible for the business transacted, together with the certified tester or the person weighing and sampling, and either or all of them shall be held equally responsible.
3 Del. C. § 708 — Delaware Code / Title 3 / Chapter 7 / Section 708
§ Â
        708. Powers and duties of Secretary.
Status: in_force

(a) The Secretary, with the advice and consent of the Advisory Board, will contract and cooperate with the University of Delaware’s College of Agricultural Sciences, or with other qualified agencies, persons or organizations, to meet the purpose of the development order.

(b) The Secretary, with the advice and consent of the Advisory Board, may appoint, employ, provide necessary bond, discharge, fix compensation for and prescribe the duties of such administrative, clerical, technical and other personnel and agencies as may be deemed necessary.

(c) In administering this chapter, the Secretary shall have such other powers as may be conferred upon the Secretary by law not inconsistent with this chapter.

(d) In the organization and operation of a development order for any agricultural commodity coming under the sections of this chapter, the Secretary shall follow the rules and regulations as developed by the Advisory Board pursuant to this chapter.