3 Del. C. § 3105 — Delaware Code / Title 3 / Chapter 31 / Subchapter I / Section 3105
§ Â
        3105. Sale of condensed, evaporated or concentrated milk.
Status: in_force

No person, by himself or herself or by his or her agents, servants or employees, shall manufacture, sell or exchange or have in possession with intent to sell or exchange any condensed, evaporated or concentrated milk which does not conform at least to the minimum standards set forth in § 3104 of this title, and when contained in hermetically sealed cans does not bear stamped or labeled thereon the name and address of the manufacturer thereof.
3 Del. C. § 1074 — Delaware Code / Title 3 / Chapter 10 / Subchapter VI / Section 1074
§ Â
        1074. Cease and desist orders.
Status: in_force

The State Forester shall have the power to issue a cease and desist order to any person violating any provision of this subchapter or rules or regulations promulgated thereunder. Any such cease and desist order shall remain in effect until withdrawal of said order by the State Forester or until the order is superseded by an injunction, whichever occurs first.
3 Del. C. § 928 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 928
§ Â
        928. Public hearings.
Status: in_force

For any public hearing conducted under the provisions of this chapter, the Foundation shall provide at least 20 days advance notice published in a daily newspaper of general circulation throughout the State. For a public hearing on a regulation or plan proposed for adoption the notification shall include a brief description of the regulation or plan, the time and place of the hearing, and time and place where copies of the proposed regulation or plan may be obtained or reviewed. A record from which a verbatim transcript can be prepared shall be made of all public hearings and shall, along with the exhibits and other documents introduced, constitute the record.
3 Del. C. § 1231 — Delaware Code / Title 3 / Chapter 12 / Subchapter VI / Section 1231
§ Â
        1231. Meetings.
Status: in_force

The Committee shall elect 1 of its members Chairman, and shall meet at such time and place as shall be specified by the Chairman, the Department or a majority of the members of the Committee.
3 Del. C. § 2502 — Delaware Code / Title 3 / Chapter 25 / Section 2502
§ Â
        2502. License required of dealer.
Status: in_force

It shall be unlawful for any dealer in agricultural products to operate and conduct a business without first having obtained a license as provided in this chapter. The Department shall publish annually a list of licensed dealers under this chapter.
3 Del. C. § 1307 — Delaware Code / Title 3 / Chapter 13 / Section 1307
§ Â
        1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department.
Status: in_force

Any person that acts as the representative of a transportation company, private carrier, commercial shipper, common carrier, express parcel carrier, or other transportation entity, and receives, ships, or moves an item, including a carload, box, container, or package of plants, plant materials, or nursery stock, that does not have a nursery inspection certificate or proper phytosanitary certificate attached as provided for in § 1303 or § 1305 of this title, and fails to immediately notify the Department is subject to §§ 1310 through 1313 of this title.
3 Del. C. § 1237 — Delaware Code / Title 3 / Chapter 12 / Subchapter VII / Section 1237
§ Â
        1237. Enforcement of chapter.
Status: in_force

This chapter shall be enforced by the State Department of Agriculture. The Department may establish regulations, but only after public hearing following due notice to carry out the purposes of this chapter, and all authority vested in the Department by virtue of this chapter may with like force be executed by such employees of the Department as may be designated for said purpose. Due notice shall be given under this section at least 10 days prior to the public hearing and shall consist of publication in newspapers of general circulation, a registered letter to the Pesticide Advisory Committee and may also be sent to representatives of pesticide application trade associations.
3 Del. C. § 7308 — Delaware Code / Title 3 / Chapter 73 / Subchapter I / Section 7308
§ Â
        7308. Conditions of payment for destruction of tubercular cattle.
Status: in_force

(a) No payment shall be made for any animals destroyed on account of tuberculosis unless the owner has complied with all quarantine and other regulations that are agreed upon by the United States Bureau of Animal Industry and the Department of Agriculture, and unless the owner has executed the forms required by these regulations.

(b) Claims shall not be allowed which arise out of the condemnation of cattle for tuberculosis on a tuberculin test applied by other than a representative detailed by the Department of Agriculture or of the United States Bureau of Animal Industry.

(c) No compensation shall be paid to any owner of tubercular cattle whose entire herd is not under federal and state supervision for the eradication of tuberculosis.
3 Del. C. § 1043 — Delaware Code / Title 3 / Chapter 10 / Subchapter IV / Section 1043
§ Â
        1043. Setting fire to woodland; unseasonable marsh burning; penalty.
Status: in_force

Whoever sets any woodland on fire, or, after April 1, sets on fire any marsh, shall be fined not less than $200, nor more than $1,000, and shall also be liable in damages to property owners for injury done by such fire. The burning of wood cut down or of brush in clearing land shall not, unless there be negligence, fall within this section.
3 Del. C. § 906 — Delaware Code / Title 3 / Chapter 9 / Subchapter I / Section 906
§ Â
        906. Farmland Preservation Advisory Boards.
Status: in_force

(a) Each county legislative body shall establish a Farmland Preservation Advisory Board which shall consist of 4 active farmers or agribusinessmen residing within the county and 1 member of the county legislative body, who shall serve as the Chairperson of the Board. The members of such Board shall be appointed by the county legislative body. The members shall serve without salary, but the county legislative body may entitle each such member to reimbursement of such member’s actual and necessary expenses incurred in the performance of official duties. A quorum of the Board for conducting business shall be 3 members and a majority vote of the quorum shall be necessary to take action on matters before the Board.

(b) The Chairperson of the Board shall serve for an indefinite term and the 4 other members shall serve for terms of 4 years each; provided further, that Board members registered in either major political party shall not exceed the other major political party by more than 1. Any member of the Board may be reappointed for a succeeding term without limitations as to the number of terms served.

(c) The Board shall advise the Foundation in relation to any regulations proposed for adoption by the Foundation. The Foundation shall provide a draft of proposed regulations to the Board at least 60 days in advance of the time that proposed regulations are released for public notice in order to allow for comment of the Board and possible amendment. The Board may request the Foundation to review any adopted regulation which the Board identifies as having an adverse effect on the furtherance of the purpose and intent of this chapter. Upon receipt of any such request, the Foundation shall submit in writing to the Board a response indicating the Foundation’s position on the matter and the action, if any, which is contemplated in response to the request.

(d) Whenever an application for establishment of an Agricultural Preservation District is received by the Foundation and the Foundation determines that the eligibility criteria have been satisfied, the Foundation shall submit the application to the Board for the county in which the proposed District is located for a recommendation. The Board shall act on an application by recommending in favor or against approval within 60 days of receipt of the application, and the Board may include reasons for its decisions. In the event that the Board fails to make its recommendation within the specified 60-day period, or if the Board is not duly established or constituted, the decision required of the Board under the Agricultural Preservation District application process as specified hereunder shall be deemed an approval.
3 Del. C. § 10049 — Delaware Code / Title 3 / Chapter 100 / Subchapter III / Section 10049
§ Â
        10049. Fraudulent written statements; class A misdemeanor.
Status: in_force

Whoever makes a false written statement which he/she knows to be false or does not know to be true in a written document filed with, registered or recorded in or otherwise a part of the records of the Delaware Harness Racing Commission, the Commission’s designee or a licensee conducting a harness racing meet under this chapter shall be guilty of a class A misdemeanor as defined in Title 11.
3 Del. C. § 10007 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10007
§ Â
        10007. Employees.
Status: in_force

(a) The Commission may appoint such officers, clerks, stenographers, inspectors, racing officials, veterinarians and such other employees as it deems necessary, consistent with the purposes of this chapter. The Commission for the purpose of maintaining integrity and honesty in racing shall prescribe by administrative regulation the powers and duties of the persons employed under this section and qualifications necessary to competently perform these duties.

(b) In addition to any minimum qualifications promulgated by the Commission, all applicants for the position of steward or race judge must be certified by a national organization approved by the Commission. An applicant for the position of steward or race judge must also have been previously employed as a steward, patrol judge or other racing official at a harness racing meeting for a period of not less than 45 days during 3 of the past 5 years, or have at least 5 years of experience as a licensed driver who has also served not less than 1 year as a licensed racing official at a harness racing meeting or have 10 years of experience as a licensed harness racing trainer who has also served not less than 1 year as a licensed racing official at a harness racing meeting.

(c) The Commission may appoint a racing inspector or investigator for each harness racing meet. Such racing inspector shall perform all duties prescribed by the Commission consistent with the purposes of this chapter. Such racing inspector shall have full and free access to the books, records and papers pertaining to the pari-mutuel system of wagering and to the enclosure or space where the pari-mutuel system is conducted at any harness racing meeting to which the racing inspector shall be assigned to the purpose of ascertaining whether the holder of such permit is operating in compliance with the Commission’s rules and regulations. The racing inspector shall investigate whether such rules and regulations promulgated by the Commission are being violated at such harness racetrack or enclosure by any licensee, patron or other person. Upon discovering any such violation, the racing inspector shall immediately report his or her findings in writing and under oath to the Commission or its designee as it may deem fitting and proper. The racing inspector or investigator shall be devoted full time to the duties of the office and shall not hold any other position or employment, except for performance of similar duties for the Thoroughbred Racing Commission.

(d) All employees appointed under subsections (a) through (c) of this section shall serve at the pleasure of the Commission and are to be paid a reasonable compensation. No person shall be appointed to hold any such office or position who holds any official relation to any person, association or corporation engaged in or conducting harness horse racing within the State. The full compensation of the presiding judge, associate judges and track veterinarian and no more than that portion of the compensation of the state steward paid by the licensed persons or association as of June 30, 1998, shall be paid by the Commission subject to pro rata reimbursement by the licensed persons or associations conducting harness racing meets under this chapter. Increases in costs of the aforementioned officials 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 shall determine and insure that such employees perform their duties in the public interest. No Commissioner, racing official, steward or judge whose duty is to insure that the rules and regulations of the Commission are complied with shall bet on the outcome of any race regulated by the Commission or have any financial or pecuniary interest in the outcome of any race regulated by the Commission.

(e) The Commission may employ an Administrator of Racing who shall perform all duties prescribed by the Commission consistent with the purposes of this chapter. The Administrator of Racing shall be appointed by the Governor after consideration of candidates jointly submitted by the Harness Racing Commission and the Thoroughbred Racing Commission. The Administrator of Racing shall be devoted full time to the duties of the office and shall not hold any other office or employment, except that the Administrator of Racing can perform the same duties as Administrator of Racing for the Thoroughbred Racing Commission. The Administrator of Racing shall be the representative for the Commission at all race meetings. The Administrator of Racing shall attend all meetings of the Commission and shall keep a complete record of its proceedings and preserve, at its general office, all books, maps, documents and papers entrusted to its care. The Administrator of Racing shall be the executive officer of the Commission and shall be responsible for keeping all Commission records and carrying out the rules and orders of the Commission. The Commission may appoint the Administrator of Racing to act as a hearing officer to hear appeals from administrative decisions of the steward or racing judges.
3 Del. C. § 8702 — Delaware Code / Title 3 / Chapter 87 / Section 8702
§ Â
        8702. Enforcing agency.
Status: in_force

This chapter shall be administered by the State Department of Agriculture hereafter referred to as the “Department.”
3 Del. C. § 1501 — Delaware Code / Title 3 / Chapter 15 / Section 1501
§ Â
        1501. Definitions.
Status: in_force

As used in this chapter:

(1) “Advertisement” means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed under this chapter that is offered for sale or distribution.

(2) “Agricultural seed” includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this State as agricultural seeds, lawn seeds, and mixes of these seeds, and may include noxious weed seeds when the Department determines that noxious weed seed is being used as agricultural seed.

(3) “Certified seed,” “registered seed”, or “foundation seed” means seed that has been produced and labeled in accordance with the procedures and in compliance with the requirements of a certifying agency.

(4) “Certifying agency” means either of the following:

a. An agency authorized under the laws of a state, territory, or possession to officially certify seed.

b. An agency of a foreign country determined by the U.S. Department of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (4)a. of this section.

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

(6) “Flower seeds” includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this State.

(7) “Germination” means the percentage of seeds capable of producing normal seedlings under ordinarily, favorable conditions, not including seeds which produce weak, malformed, or obviously abnormal sprouts.

(8) “Hard seed” means the percentage of seeds which, because of hardness or impermeability, do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned.

(9) a. “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by combining any of the following:

1. Two or more inbred lines.

2. One inbred or a single cross with an open pollinated variety.

3. Two varieties or species, except open pollinated varieties of corn (Zea mays).

b. The second or subsequent generation of a seed under paragraph (9)a. of this section is not a “hybrid.”

c. Hybrid designations are treated as variety means.

(10) “Kind” means 1 or more related species or subspecies that singly or collectively is known by 1 common name, such as corn, oats, alfalfa, and timothy.

(11) “Labeling” means all labels, in any form,including written, printed, or graphic representations, that accompany or pertain to any seed, whether in bulk, in containers, or as representations on invoices.

(12) “List by predominance” means as defined in the rules and regulations promulgated under this chapter.

(13) “Lot” means a definite quantity of seed identified by a lot number or other mark, in which every portion or bag is uniform within recognized tolerances for the factors in the labeling.

(14) “Noxious weed seeds” are seeds in the classes, “prohibited noxious weed seeds” and “restricted noxious weed seeds” as defined in this section.

(15) “Origin” means the state or foreign country, or the designated portion of a state or foreign country, where the seed was grown.

(16) “Person” includes any individual, partnership, corporation, company, society, or association.

(17) a. “Prohibited noxious weed seeds” are the seeds of perennial weeds to which all of the following apply:

1. Reproduce by seed.

2. Spread underground roots, stems, and other reproductive parts.

3. When well established, are highly destructive and difficult to control in this State by ordinary good cultural practice.

b. “Prohibited noxious weed seeds” are the seeds of all of the following:

1. Canada thistle (Cirsium arvense (L.) Scop. var. arvense).

2. Quackgrass (Elymus repens (L.) Gould subsp. repens).

3. Sorghum specie, Johnsongrass, perennial sweet sudangrass, sorghum almum and hybrids derived therefrom.

4. Seeds or bulblets that the Department from time to time designates, in the public interest, as prohibited noxious seeds.

(18) “Pure seed” means seed exclusive of inert matter and other seeds, as determined by methods under regulations promulgated under this chapter.

(19) “Record” includes all information relating to a shipment and a file sample of each lot of seed. For tree and shrub seed, the record includes all documents supporting the statement of origin and elevation of the seed.

(20) a. “Restricted noxious weed seeds” are the seeds of weeds to which all of the following apply:

1. Very objectionable in fields, lawns, and gardens of this State.

2. Can be controlled by good cultural practices.

b. “Restricted noxious weed seeds” are the seeds of all of the following:

1. Dodder (Cuscuta campestris Yunck.).

2. Bindweed (Convolvulus arvensis).

3. Wild garlic, wild onion (Allium spp.).

4. Corn cockle (Agrostemma githago).

5. Horsenettle (Solanum carolinense).

6. Cheat, chess (Bromus secalinus).

7. Annual bluegrass (Poa annua).

8. Giant foxtail (Setaria faberi R. A. W. Herrm.).

9. Seeds or bulblets that the Department from time to time designates, in the public interest, as restricted noxious seeds.

(21) “Stop sale” means an administrative order restraining the sale, use, disposition, and movement of a definite amount of seed.

(22) “Treated” means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

(23) “Tree and shrub seeds” includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State.

(24) “Tree seed collector’s declaration” is a statement signed by a grower or person having knowledge of the place of collection for a lot of seed that includes all of the following about the tree or shrub seed:

a. Lot number.

b. Common or scientific name of the species, and subspecies, if appropriate.

c. Origin.

d. Elevation.

e. Quantity.

(25) “Type” means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

(26) “Variety” means a subdivision of a kind that is distinct, uniform, and stable, defined as follows:

a. “Distinct” means the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge.

b. “Stable” means the variety will remain unchanged in its essential and distinctive characteristics and remain uniform when reproduced or reconstituted.

c. “Uniform” means the variations in essential and distinctive characteristics are describable.

(27) “Vegetable seeds” includes the seeds of those crops which are grown in gardens or truck farms and are generally known and sold under the name of vegetable seeds in this State.

(28) “Weed seeds” includes the seeds of all plants generally recognized as weeds within this State and includes noxious weed seeds.
3 Del. C. § 10102 — Delaware Code / Title 3 / Chapter 101 / Subchapter I / Section 10102
§ Â
        10102. Removal of Commissioner from office.
Status: in_force

(a) The Governor may remove any Commissioner for inefficiency, neglect of duty or misconduct in office, giving to the Commissioner a copy of the charges against him or her and an opportunity of being publicly heard in person or by counsel in his or her own defense upon not less than 10 days’ written notice.

(b) If the Commissioner is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the Commissioner and the Governor’s findings thereof, together with a complete record of the proceedings.
3 Del. C. § 8562 — Delaware Code / Title 3 / Chapter 85 / Subchapter VI / Section 8562
§ Â
        8562. Foreign associations or corporations.
Status: in_force

Associations or corporations organized under the laws of any other state, the purposes of which coincide with the purposes of associations incorporated under this chapter, shall be allowed to carry on any proper activities, operations, and functions in this State, upon compliance with the legal requirements applicable to foreign corporations desiring to do business in this State, with power to make any and all contracts which can be made by any association incorporated under this chapter. Such contracts shall be legal and valid and enforceable in this State with the same force and effect as if the corporation were organized under this chapter. Such associations or corporations shall be entitled to all of the rights, exemptions, remedies and protection available for cooperative agricultural associations formed under the provisions set forth in this chapter, with the same force and effect as if such association or corporation were organized under this chapter. Any such association or corporation shall be treated as organized under this chapter with regard to the prohibition and penalty provisions set forth in this chapter.
3 Del. C. § 916 — Delaware Code / Title 3 / Chapter 9 / Subchapter III / Section 916
§ Â
        916. Valuation of easements.
Status: in_force

(a) The maximum value of any preservation easement to be purchased shall be the difference between the fair market value of the land under its agricultural zoning designation and the agricultural value of the land. The fair market value of the land is the price as of the valuation date for the highest and best use of the property which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay for the property if the property was not subject to any restriction imposed under this chapter. The agricultural value of land is the price as of the valuation date which a vendor, willing but not obligated to buy, would pay for the property as a farm unit, to be used for agricultural purposes. The value of the preservation easement shall be determined as of the date the application for conveyance of the preservation easement is received by the Foundation. The value shall be determined by the Foundation based on appraisal by an appraiser selected by the Foundation, which appraisal shall be provided to the owner. The owner shall be entitled to have an appraisal performed by a qualified appraiser and submit such appraisal to the Foundation for consideration. The value of the easement shall be determined by an appraisal on the entire contiguous acreage, less 1 acre per each dwelling structure; provided, however, the entire contiguous acreage, including the 1 acre per dwelling structure, is considered subject to the preservation easement restrictions.

(b) If the owner and Foundation do not agree on the value of the easement, as determined by appraisal, the owner shall be entitled to withdraw the application for conveyance without prejudice to any submission of an application in the future.
3 Del. C. § 1913 — Delaware Code / Title 3 / Chapter 19 / Section 1913
§ Â
        1913. Publications.
Status: in_force

The Department shall publish at least semiannually, in such forms as it may deem proper, a report of the results of the analyses of official samples of liming materials sold within the State as compared with the analyses guaranteed in the registration and on the label.
3 Del. C. § 10121 — Delaware Code / Title 3 / Chapter 101 / Subchapter II / Section 10121
§ Â
        10121. License to conduct racing for stake, purse or reward.
Status: in_force

No person shall hold or conduct any meeting within this State at which horse racing is permitted for any stake, purse or reward, unless such person is licensed by the Commission as provided in this subchapter.
3 Del. C. § 3173 — Delaware Code / Title 3 / Chapter 31 / Subchapter V / Section 3173
§ Â
        3173. Order of Department of Agriculture.
Status: in_force

If, by valid formal order refusing, suspending or revoking a license, after hearing with due notice to all those liable on the bond, the Department of Agriculture has found a milk dealer or handler to be indebted thereunder, such order and the findings of fact in support thereof shall be conclusive evidence of the amount due under such bond in a suit thereon by the Department, unless an appeal therefrom is pending and a supersedeas granted.
3 Del. C. § 1055 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1055
§ Â
        1055. Reforestation method; notice required upon transfer.
Status: in_force

(a) The land involved in a cutting operation may be reforested pursuant to an approved reforestation plan in lieu of the natural regeneration method. The plan shall be prepared by the landowner or the landowner’s agent and shall be designed to assure the reproduction and maintenance of growth of young, vigorous pine or yellow-poplar trees.

(b) The reforestation plan shall be accompanied by a statement of the landowner, on a form furnished by the Department of Agriculture Forest Service, that the landowner will not perform any act or permit any act to be performed which prevents reforestation. This provision does not apply if the landowner places the land in any of the uses enumerated in § 1053(b) of this title.

(c) Ten working days prior to the initiation of the cutting operation, the landowner or the landowner’s agent or operator shall notify the State Forester of the intention to reforest and shall submit a reforestation plan.

(d) The landowner or the landowner’s agent or operator shall submit the reforestation plan to the State Forester at the Department of Agriculture Forest Service for approval.

(1) The Department of Agriculture Forest Service shall approve, approve with modifications, or reject any reforestation plan submitted within 10 working days.

(2) The determination of the Department of Agriculture Forest Service shall be in writing, setting forth the reasons for approval with modifications or rejection, and shall be forwarded to the operator or landowner.

(3) In cases where a reforestation plan has been rejected by the State Forester, the landowner or the landowner’s agent or operator shall be required to submit another reforestation plan for approval. Under no circumstances shall a cutting operation begin prior to approval of a reforestation plan by the DDA Forest Service.

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

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

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

(3) Failure by the transferor to send the required notice to the Department of Agriculture at the time of the sale shall be prima facie evidence in any action by the transferee against the transferor for costs related to reforestation that the transferor did not notify the buyer of the reforestation obligation prior to sale.
3 Del. C. § 1401 — Delaware Code / Title 3 / Chapter 14 / Section 1401
§ Â
        1401. Agricultural and forestal operations not considered nuisances; exception.
Status: in_force

No agricultural or forestal operation within this State which has been in operation for a period of more than 1 year shall be considered a nuisance, either public or private, as the result of a changed condition in or about the locality where such agricultural or forestal operation is located. For the purpose of this section, “agricultural operation” shall be defined as set forth in § 8141(a) of Title 10. In any nuisance action, public or private, against an agricultural operation or its principals or employees, including forestall activity, proof that the agricultural operation, including forestall activity, has existed for 1 year or more is an absolute defense to the nuisance action, if the operation is in compliance with all applicable state and federal laws, regulations, and permits. If the operation is in compliance with all applicable state and federal laws, regulations, and permits, it shall be presumed to be conducted in a manner consistent with good agricultural practice. No state or local law-enforcement agency may bring a criminal or civil action against an agricultural operation for an activity that is in compliance with all applicable state and federal laws, regulations, and permits.
3 Del. C. § 2501 — Delaware Code / Title 3 / Chapter 25 / Section 2501
§ Â
        2501. Definitions.
Status: in_force

As used in this chapter:

(1) “Person” means any individual, firm, partnership, corporation, company, association, society, joint-stock company or syndicate, their lessees, trustees or receivers.

(2) “Dealer” means any person who solicits or receives any agricultural products from the producer or other supplier on consignment as a commission merchant, or who purchases agricultural products for resale at wholesale as a dealer, or who negotiates the purchase or sale of any agricultural product as a broker. The term “dealer” shall exclude the Southern Delaware Truck Growers Association Incorporated or similar organizations, and persons who operate as cash buyers.

(3) “Delaware broker” means any person whose principal place of business is in the State that has been engaged in the business of negotiating sales and purchases of any perishable agricultural products in the State for at least 5 years and has net assets in the State with value equal to or exceeding the bonding requirements of this chapter.

(4) “Cash buyer” means a dealer who pays for agricultural products in United States currency, certified checks, cashier’s checks or drafts issued by a bank at the time the product is removed from a producer’s and/or auction market’s premises.

(5) “Producer” means any person in this State who produces agricultural products.

(6) “Agricultural products” means fruits and vegetables, and for the purpose of this chapter shall be construed to include, but not by way of limitation, apples, cabbage, cantaloupes, cucumbers, melons, potatoes, sweet corn and tomatoes.

(7) “Department” means the Delaware Department of Agriculture.

(8) “Secretary” means the Secretary of the Delaware Department of Agriculture.
3 Del. C. § 8709 — Delaware Code / Title 3 / Chapter 87 / Section 8709
§ Â
        8709. Licenses.
Status: in_force

Every person who owns or operates an official establishment or other facility subject to this chapter shall obtain a license for such establishment or facility. Every application for a license shall be submitted to the department on forms obtained from the department with a $25 fee. All fees shall be forwarded to the State Treasurer. The license shall be for the fiscal year ending June 30, and shall be renewed annually thereafter. A license may be denied at the time of application or revoked if the official establishment is found violating any section of this chapter or rules and regulations of the department.
3 Del. C. § 8543 — Delaware Code / Title 3 / Chapter 85 / Subchapter IV / Section 8543
§ Â
        8543. Title to products sold by stockholders and patrons to association.
Status: in_force

If stockholders and patrons contract a sale to an association, it shall be conclusively held that title to the products passes absolutely and unreservedly to the association at the time of delivery out of the possession of the stockholder or patron, or at any other time, expressly and definitely agreed in the contract. The contract may provide that the association may sell or resell the products delivered by its stockholders and other patrons, with or without taking title thereto, and pay over to its stockholders and patrons the resale price, after deducting all necessary overhead and other costs and expenses, interest, dividends on the preferred and common stock, and other proper reserves.
3 Del. C. § 10181 — Delaware Code / Title 3 / Chapter 101 / Subchapter V / Section 10181
§ Â
        10181. Compact.
Status: in_force

The State of Delaware is hereby authorized to enter into the following compact subject to the terms and conditions stated in the compact.

ARTICLE I. PURPOSES

The purposes of this compact are:

(a) To enable member states to act jointly and cooperatively to create more uniform, effective, and efficient breed specific rules and regulations relating to the permitted and prohibited use of drugs and medications for the health and welfare of the horse and the integrity of racing, and testing for such substances, in or affecting a member state; and

(b) To authorize the Delaware Thoroughbred Racing Commission to participate in the compact.

ARTICLE II. DEFINITIONS

As used in this compact:

(a) “Compact Commission” means the organization of delegates from the member states that is authorized and empowered by this compact to carry out the purposes of this compact.

(b) “Compact rule” means a rule or regulation member state regulating the permitted and prohibited use of drugs and medications for the health and welfare of the horse and the integrity of racing, and testing for such substances, in live pari-mutuel horse racing that occurs in or affects such states.

(c) “Delegate” means the chair of the member state racing commission or similar regulatory body in a state, or such person’s designee, who represents the member state as a voting member of the Compact Commission and anyone who is serving as such person’s alternate.

(d) “Equine drug rule” means a rule or regulation that relates to the administration of drugs, medications, or other substances to a horse that may participate in live horse racing with pari-mutuel wagering including, but not limited to, the regulation of the permissible use of such substances to ensure the integrity of racing and the health, safety and welfare of race horses, appropriate sanctions for rule violations, and quality laboratory testing programs to detect such substances in the bodily system or a race horse.

(e) “Live racing,” means live horse racing, except harness horse racing, with pari-mutuel wagering.

(f) “Member state” means each state that has enacted this compact.

(g) “National industry stakeholder” means a nongovernmental organization that from a national perspective significantly represents 1 or more categories of participants in live racing and pari-mutuel wagering.

(h) “Participants in live racing” means all persons who participate in, operate, provide industry services for, or are involved with live racing with pari-mutuel wagering.

(i) “State” means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States.

(j) “State racing commission” means the state Racing Commission, or its equivalent, in each member state, where a member state has more than one; it shall mean all such racing commissions, or their equivalents, except for the Delaware Harness Racing Commission.

ARTICLE III. COMPOSITION AND MEETING OF COMPACT COMMISSION

The member states shall create and participate in a Compact Commission as follows:

(a) This compact shall come into force when enacted by any 2 eligible states, and shall thereafter become effective as to any other member state that enacts this compact. Any state that has adopted or authorized pari-mutuel wagering or live horse racing shall be eligible to become a party to this compact. A compact rule shall not become effective in a new member state based merely upon it entering the compact.

(b) The member states hereby create the interstate anti-doping and drug testing standards Compact Commission, a body corporate and an interstate governmental entity of the member states, to coordinate the rule making actions of each member state racing Commission through a Compact Commission.

(c) The Compact Commission shall consist of 1 delegate, the chair of the state racing commission or such person’s designee, from each member state, when a delegate is not present to perform any duty in the Compact Commission, a designated alternate may serve. The person who represents a member state in the Compact Commission shall serve and perform such duties without compensation or remuneration; provided that subject to the availability of budgeted funds, each may be reimbursed or ordinary and necessary costs and expenses. The designation of a delegate, including the alternate, shall be effective when written notice has been provided to the Compact Commission. The delegate, including the alternate, must be a member or employee of the state racing commission.

(d) The compact delegate from each state shall participate as an agent of the state racing commission. Each delegate shall have the assistance of the state racing commission in regard to all decision making and actions of the state in and through the Compact Commission.

(e) Each member state, by its delegate, shall be entitled to 1 vote in the Compact Commission. A super majority affirmative vote of 80% of the total number of delegates shall be required to propose a compact rule, receive and distribute any funds and to adopt, amend, or rescind the bylaws. A compact rule shall take effect in and for each member state when adopted by a super majority affirmative vote of 80% of the total number of member states. Other compact actions shall require a majority vote of the delegates who are meeting.

(f) Meetings and votes of the Compact Commission may be conducted in person or by telephone or other electronic communication. Meetings may be called by the chair of the Compact Commission or by any 2 delegates, reasonable notice of each meeting shall be provided to delegates serving in the Compact Commission.

(g) No action may be taken at a Compact Commission meeting unless there is a quorum, which is either a majority of the delegates in the Compact Commission, or where applicable, all the delegates from any member states who propose or are voting affirmatively to adopt a compact rule.

(h) Once effective, the compact shall continue force and remain binding according to its terms upon each member state; provided that, a member state may withdraw from the compact by repealing the statute that enacted the compact into law. The racing commission of a withdrawing state shall give written notice of such withdrawal to the compact chair, who shall notify the member state racing commissions. A withdrawing state shall remain responsible for any unfulfilled obligations and liabilities, the effective date of withdrawal from the compact shall be the effective date of the repeal.

ARTICLE IV. OPERATION OF COMPACT COMMISSION

The Compact Commission is hereby granted, so that it may be an effective means to pursue and achieve the purposes of each member state in this compact, the power and duty:

(a) To adopt, amend, and rescind bylaws to govern its conduct, as may be necessary or appropriate to carry out the purposes of the compact; to publish them in a convenient form; and to file a copy of them with the state racing commission of each member state;

(b) To elect annually from among the delegates (including alternates) a chair, vice-chair, and treasurer with such authority and duties as may be specified in the bylaws;

(c) To establish and appoint committees which it deems necessary for the carrying out of its functions, including advisory committees which shall be comprised of national industry stakeholders and organizations and such other persons as may be designated in accordance with the bylaws, to obtain their timely and meaningful input into the compact rule making processes;

(d) To establish an executive committee, with membership established in the bylaws, which shall oversee the day-to-day activities of compact administration and management by the executive director and staff; hire and fire as may be necessary after consultation with the Compact Commission; administer and enforce compliance with the provisions, bylaws, and rules of the compact; and perform such other duties as the bylaws may establish an executive committee, with membership;

(e) To create, appoint, and abolish all those offices, employments, and positions, including an executive director, useful to fulfill its purposes;

(f) To delegate day-to-day management and administration of its duties, as needed, to an executive director and support staff; and

(g) To adopt an annual budget sufficient to provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities; provided, that the budget shall be funded by only voluntary contributions.

ARTICLE V. GENERAL POWERS AND DUTIES

To allow each member state, as and when it chooses, to achieve the purpose of the compact through joint and cooperative action, the member states are hereby granted the power and duty, by and through the Compact Commission:

(a) To act jointly and cooperatively to create a more equitable and uniform pari-mutuel racing and wagering interstate regulatory framework by the adoption of standardized rules for the permitted and prohibited use of drugs and medications for the health, and welfare of the horse and the integrity of racing, including rules governing the use of drugs and medications and drug testing;

(b) To collaborate with national industry stakeholders and industry organizations, including the association of Racing Commissioners International, Inc. and the Racing Medication and Testing Consortium, in the design and implementation of compact rules in a manner that serves the best interests of racing; and

(c) To propose and adopt breed specific compact equine drugs and medications rules for the health, and welfare of the horse, including rules governing the permitted and prohibited use of drugs and medications and drug testing, which shall have the force and effect of the state rules or regulations in the member states, to govern live pari-mutuel horse racing.

ARTICLE VI. OTHER POWERS AND DUTIES

The Compact Commission may exercise such incidental powers and duties as may be necessary and proper for it to function in a useful manner, including but not limited to the power and duty:

(a) To enter into contracts and agreements with governmental agencies and other persons, including officers and employees of a member state, to provide personal services for its activities and such other services as may be necessary;

(b) To borrow, accept, and contract for the services of personnel from any state, federal, or other governmental agency, or from any other person or entity;

(c) To receive information from and to provide information to each member state racing commission, including its officers and staff, on such terms and conditions as may be established in the bylaws;

(d) To acquire, hold, and dispose of any real or personal property by gift, grant, purchase, lease, license, and similar means and to receive additional funds through gifts, grants, and appropriations;

(e) When authorized by a compact rule, to conduct hearings and render reports and advisory decisions and orders; and

(f) To establish in the bylaws the requirements that shall describe and govern its duties to conduct open or public meetings and to provide public access to compact records and information.

ARTICLE VII. COMPACT RULE MAKING

In the exercise of its rule making authority, the Compact Commission shall:

(a) Engage in formal rule making pursuant to a process that substantially conforms to the model State Administrative Procedure Act of 1981 as amended, as may be appropriate to the actions and operations of the Compact Commission;

(b) Gather information and engage in discussions with advisory committees, national industry stakeholders, and others, including an opportunity for industry organizations to submit input to member state racing commissions on the state level, to foster, promote and conduct a collaborative approach in the design and advancement of compact rules in a manner that serves the best interests of racing and as established in the bylaws;

(c) Direct the publication in each member state of each equine drug rule proposed by the Compact Commission, conduct a review of public comments received by each member state racing commission and the Compact Commission in response to the publication of its rule making proposals, consult with national industry stakeholders and participants in live racing with regard to such process and any revisions to the compact rule proposal, and meet upon the completion of the public comment period to conduct a vote on the adoption of the proposed compact rule as a state rule in the member states. The super majority affirmative vote of 80% of the member delegates for a proposed compact rule shall be necessary and sufficient to adopt, amend, or rescind a compact rule as applicable to the member states; and

(d) Have a standing committee that reviews at least quarterly the participation in and value of compact rules, and when it determines that a revision is appropriate or when requested to be any member state, submits a revising proposed compact rule, to the extent a revision would only and or remove a member state or states from where a compact rule has been adopted, the vote required by this article shall be required or only such state or states. The standing committee shall gather information and engage in discussions with national stakeholders, who may also directly recommend a compact rule proposal or revision to the Compact Committee.

ARTICLE VIII. STATUS AND RELATIONSHIP TO MEMBER STATES

(a) The Compact Commission, as an interstate governmental entity, shall be exempt from all taxation in and by the member states.

(b) The Compact Commission shall not pledge the credit of any member state except by and with the appropriate legal authority of that state.

(c) Each member state shall reimburse or otherwise pay the expenses of its delegate, including any alternate, in the Compact Commission.

(d) No member state, except as provided in Article XI of this compact, shall be held liable for the debts or other financial obligations incurred by the Compact Commission.

(e) No member state shall have, while it participates in the Compact Commission, any claim to or ownership of any property held by or vested in the Compact Commission or to any Compact Commission funds held pursuant to this compact except for state license or other fees or moneys collected by the Compact Commission as its agent.

(f) The compact dissolves upon the date of the withdrawal of the member state that reduces membership in the compact to 1 state. Upon dissolution, the compact becomes null and void and shall be of no further force or effect, although equine drug rules adopted through this compact shall remain rules in each member state that had adopted them, and the business and affairs of the compact shall be concluded and any surplus funds shall be distributed to the former member states in accordance with the bylaws.

ARTICLE IX. RIGHTS AND RESPONSIBILITIES OF MEMBER STATES

(a) Each member state in the compact shall accept the decisions, duly applicable to it, of the Compact Commission in regard to compact rules and rule making.

(b) This compact shall not be construed to diminish or limit the powers and responsibilities of the member state racing commission or similar regulatory body, or to invalidate any action it has previously taken, except to the extent it has by its compact delegate, expressed its consent to a specific rule or other action of the Compact Commission. The compact delegate from each state shall serve as the agent of the state racing commission and shall possess substantial knowledge and experience as a regulator or participant in the horse racing industry.

ARTICLE X. ENFORCEMENT OF COMPACT

(a) The Compact Commission shall have standing to intervene in any legal action that pertains to the subject matter of the compact and might affect its powers, duties, or actions.

(b) The courts and executive in each member state shall enforce the compact and take all actions necessary and appropriate to effectuate its purposes and intent. Compact provisions, bylaws, and rules shall be received by all judges, departments, agencies, bodies, and officers of each member state and its political subdivisions as evidence of them.

ARTICLE XI. LEGAL ACTIONS AGAINST COMPACT

(a) Any person may commence a claim, action, or proceeding against the Compact Commission in state court for damages. The Compact Commission shall have the benefit of the same limits of liability, defenses, rights to indemnity and defense by the state, and other legal rights and defenses for noncompact matters of the state racing commission in the state. All legal rights and defenses that arise from this compact shall also be available to the Compact Commission.

(b) A Compact delegate, alternate, or other member or employee of a state racing commission who undertakes compact activities or duties does so in the course of business of their state racing commission, and shall have the benefit of the same limits of liability, defenses, rights to indemnity and defense by the state, and other legal rights and defenses for noncompact matters of state employees in their state. The executive director and other employees of the Compact Commission shall have the benefit of these same legal rights and defenses of state employees in the member state in which they are primarily employed. All legal rights and defenses that arise from this compact shall also be available to them.

(c) Each member state shall be liable for and pay judgments filed against the Compact Commission to the extent related to its participation in the compact. Where liability arises from action undertaken jointly with other member states, the liability shall be divided equally among the states for whom the applicable action or omission of the executive director or other employees of the Compact Commission was undertaken; and no member state shall contribute to or pay, or be jointly or severally or otherwise liable for, any part of any judgment beyond its share as determined in accordance with this article.

ARTICLE XII. RESTRICTIONS ON AUTHORITY

Delaware substantive state laws applicable to pari-mutuel horse racing and wagering shall remain in full force and effect.

ARTICLE XIII. CONSTRUCTION, SAVING, AND SEVERABILITY

(a) This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of the United States or of any member state, or the applicability of this compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and its applicability to any government, agency, person, or circumstance shall not be affected. If all or some portion of this compact is held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the state affected as to all severable matters.

(b) In the event of any allegation, finding, or ruling against the compact or its procedures or actions, provided that a member state has followed the compact’s stated procedures, any rule it purported to adopt using the procedures of this statute shall constitute a duly adopted and valid state rule.
3 Del. C. § 2402 — Delaware Code / Title 3 / Chapter 24 / Section 2402
§ Â
        2402. Department of Agriculture â Investigations; designation of species; rules; programs of control; acceptance of grants; Weed Advisory Committee.
Status: in_force

(a) The state Department of Agriculture may make such investigations, studies and determinations as it may deem advisable in order to ascertain the extent of growth and infestation of noxious weeds in this State, and the effect of such species on agricultural production.

(b) The Department shall designate species of weeds which adversely affect or threaten agriculture production as noxious weeds, and may promulgate such rules and regulations as in its judgment are necessary to carry into effect the provisions of this chapter and may alter or suspend such rules when necessary.

(c) The Department may institute programs of control and eradication.

(d) The Department may enter into agreements with any county or subdivision of this State, with any adjoining state, or with agencies of the federal or state government to effect a program of control and eradication.

(e) The Department may accept, use, or expend such aid, gift, grant, or loan as may from time to time be made available from any source, public or private, for the purposes of carrying out the provisions of this chapter.

(f) A Weed Advisory Committee consisting of 5 persons shall serve in an advisory capacity to the Secretary on matters concerning noxious weed control in the State. The Committee shall consist of a cooperative extension representative from the University of Delaware, chosen by the Director of Cooperative Extension Service; the Noxious Weed Specialist, State Department of Agriculture; and 1 person from each of the 3 counties to be chosen by the Governor’s Council on Agriculture.
3 Del. C. § 2802 — Delaware Code / Title 3 / Chapter 28 / Section 2802
§ Â
        2802. Industrial hemp â Agricultural academic research.
Status: in_force

(a) Notwithstanding any law or regulation to the contrary, the Department may grow or cultivate industrial hemp for the purpose of agricultural or academic research.

(b) The Department is authorized to certify any higher education institution in Delaware to grow or cultivate industrial hemp for the purpose of agricultural or academic research where such higher education institution submits the following to the Department:

(1) The location where the higher education institution intends to grow or cultivate industrial hemp;

(2) The higher education institution’s research plan; and

(3) The name of an employee of the higher education institution that will supervise the industrial hemp growth, cultivation, and research.

(c) The Department shall maintain a list of each higher education institution certified to grow or cultivate industrial hemp under this chapter.
3 Del. C. § 933 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 933
§ Â
        933. Forestland preservation area criteria for eligibility and review.
Status: in_force

In order to be considered eligible for inclusion in a forestland preservation area, an application which meets the requirements of § 932 of this title shall satisfy the following criteria:

(1) The owner or owners seeking inclusion of real property in a forestland preservation area shall hold fee simple title to such property;

(2) The real property shall be located outside a designated growth zone;

(3) The real property shall be zoned to allow for agricultural or open space uses and shall not be subject to any major subdivision plan;

(4) The real property consists of viable and potentially productive forestlands;

(5) The real property is not subject to an existing conservation or preservation easement or other restriction which prohibits development;

(6) The owner or owners of the real property proposed for inclusion in a forestland preservation area execute a forestland preservation agreement in recordable form as provided by the Foundation which contains the forestland preservation area restrictions set forth in § 934 of this title;

(7) The property proposed for consideration in the forestland preservation area shall include all of the eligible forestlands located in the tax parcels subject to the application. No eligible real property shall be carved out or otherwise excluded from the application to create a forestland preservation area or an application to sell a forestland preservation easement, except that 1 location containing no more than 1 acre of land may be designated for seasonal recreational dwelling usage provided that the property proposed for consideration in the forestland preservation area or proposed for sale of a forestland easement contains at least 30 acres and the use of the designated area does not adversely affect the forestland use of the property;

(8) a. No more than 1 acre of land for each 20 acres of usable land owned in a forest conservation area or forest conservation easement, to a maximum of 10 acres, shall be allowed for permanent dwelling housing. The establishment or existence of any seasonal housing will be counted against the total allowable permanent dwelling housing acreage; and

b. With respect to acreage allowed for dwelling housing there shall be a limit of 3 dwelling houses for residential use placed on the allowable acreage at 3 locations designated by the owner. This includes any pre-existing dwelling housing and/or the seasonal housing pursuant to paragraph (7) of this section above, unless there exist 3 dwelling houses on the real property at the time of approval of the new forest conservation area or forest conservation easement, in which case the allowable total number of dwelling housing and the allowable acreage shall be allocated to be existing dwelling houses and no additional dwelling houses shall be allowed. Such dwelling housing locations must be designated at the time of establishing the forest conservation area; and

(9) The property shall have a forest management plan prepared by a professional forester that addresses the landowner’s forest management goals for the property. The plan shall contain, at a minimum, aerial and soil maps of the property, a description and analysis of the forest by management unit, and silvicultural prescriptions for each management unit. The plan shall be made available for inspection by the State Forester’s office and the plan shall be revised and updated at a minimum every 5 years.
3 Del. C. § 10016 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10016
§ Â
        10016. Administrative inspection warrants.
Status: in_force

Pursuant to § 101(10) of this title, the Delaware Harness 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 harness racing horses are stabled or otherwise located.
3 Del. C. § 1077 — Delaware Code / Title 3 / Chapter 10 / Subchapter VI / Section 1077
§ Â
        1077. Penalties.
Status: in_force

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

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

(c) The Justice of the Peace Court shall have original jurisdiction to hear and determine violations of this subchapter.
3 Del. C. § 1052 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1052
§ Â
        1052. Definitions.
Status: in_force

As used in this subchapter:

(1) “Cutting operation” shall mean the cutting of timber for commercial purposes from 10 acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), pond pine (Pinus serotina) or yellow-poplar (Liriodendron tulipifera) singly or together occur and constitute 25 percent or more of the live trees on each acre.

(2) “Live tree” shall mean trees that have their crowns in the uppermost layers of the canopy (dominant and co-dominant trees) and are largely free growing, free of insect and disease infestation, windfirm and old enough to produce fertile seed crops.

(3) “Diameter” shall mean the diameter outside bark of a standing tree measured 4.5 feet above the ground.

(4) “Landowner” shall mean any person holding title to the land or possessing the right to contract for the cutting operation thereon.

(5) “Operator” shall mean any person, including a landowner, who conducts any cutting operation.

(6) “Person” shall mean the State, or any county, municipality, corporation or other political subdivision of the State or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association or public or private corporation, or principal(s) in business ventures operating under more than 1 name, or any other entity.

(7) “Pine” shall mean any loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata) or pond pine (Pinus serotina).

(8) “Secretary” shall mean the Secretary of the Department of Agriculture.

(9) “Seedling” shall mean a young pine or yellow-poplar plant less than 1 inch in diameter.

(10) “Tree” or “timber” shall mean any tree of a currently commercially valuable species that is 6 inches or more in diameter.

(11) “Free to grow” shall mean to increase the stem and crown diameter, basal area, height, volume and quality of an individual tree.
3 Del. C. § 10013 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10013
§ Â
        10013. License to officiate at race meets.
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 serving as racing officials at pari-mutuel harness race meets under jurisdiction of the Commission.

(b) Any person required by the Commission to be licensed to serve as a racing official during any calendar year shall at the time of making application for such license pay to the Commission a fee, as follows:

(1) State steward, $125.

(2) Presiding judge, $100.

(3) Associate judge, $75.

(4) Paddock judge, horse identifier and equipment checker or patrol judge, $50.

(5) State veterinarian or lasix veterinarian, $50.

(6) Breath analyzer, veterinary assistant, paddock inspector, laboratory personnel and all other paddock personnel, $50.

(7) Racing secretary, $100.

(8) Assistant racing secretary, $50.

(9) Official starter, clerk of the course, official charter or official timer, $50.

(10) For any other person designated by the Commission to be licensed as a pari-mutuel racing official, $50.
3 Del. C. § 10208 — Delaware Code / Title 3 / Chapter 102 / Section 10208
§ Â
        10208. Powers and duties of Compact Committee.
Status: in_force

In order to carry out the purposes of this Compact, the Compact Committee is hereby granted the power and duty to:

(a) Determine which categories of participants in live racing, including but not limited to owners, trainers, jockeys, grooms, mutuel clerks, racing officials, veterinarians, and farriers, should be licensed by the committee, and establish the requirements for the initial licensure of applicants in each such category, and the requirements for renewal of licenses in each category. Provided, however, that with regard to requests for criminal history record information on each applicant for a license, and with regard to the effect of a criminal record on the issuance of a license to an applicant, the licensure requirements for each category of participants in live racing that the Compact Committee decides to license shall be comparable to the most restrictive licensure requirements of any party state for that category.

(b) Investigate applicants for a license from the Compact Committee and, as permitted by federal and state law, gather information on such applicants, including criminal history record information from the Federal Bureau of Investigation and relevant state and local law enforcement agencies, and, where appropriate, from the Royal Canadian Mounted Police and law enforcement agencies of other countries, necessary to determine whether a license should be issued under the licensure requirements established by the committee as provided in subsection (a) of this section above. Only officials on, and employees of, the Compact Committee may receive and review such criminal history record information, and those officials and employees may use that information only for the purposes of this Compact. No such official or employee may disclose or disseminate such information to any person or entity other than another official on or employee of the Compact Committee. The fingerprints of each applicant for a license from the Compact Committee shall be taken by the Compact Committee, its employees, or its designee, and pursuant to Public Law 92-544 or Public Law 100-413, shall be forwarded to a state identification bureau, or to the Association of Racing Commissioners International, an association of state officials regulating pari-mutuel wagering designated by the Attorney General of the United States, for submission to the Federal Bureau of Investigation for a criminal history record check. Such fingerprints may be submitted on a fingerprint card or by electronic or other means authorized by the Federal Bureau of Investigation or other receiving law enforcement agency.

(c) Issue licenses to, and renew the licenses of, participants in live racing listed in subsection (a) of this section who are found by the committee to have met the licensure and renewal requirements established by the committee. The Compact Committee shall not have the power or authority to deny a license. If it determines that an applicant will not be eligible for the issuance or renewal of a compact committee license, the Compact Committee shall notify the applicant that it will not be able to process the applicant’s application further. Any such applicant shall have the right to present additional evidence to, and to be heard by, the Compact Committee, but the final decision on issuance or renewal of the license shall be made by the Compact Committee using the requirements established pursuant to subsection (a) of this section.

(d) Enter into contracts or agreements with governmental agencies and with nongovernmental persons to provide personal services for its activities and such other services as may be necessary to effectuate the purposes of this Compact.

(e) Create, appoint, and abolish those offices, employments, and positions, including an executive director, as it deems necessary for the purposes of this Compact, prescribe their powers, duties and qualifications, hire persons to fill those offices, employments and positions, and provide for the removal, term, tenure, compensation, fringe benefits, retirement benefits and other conditions of employment of its officers, employees and other positions.

(f) Borrow, accept, or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, corporation or other entity.

(g) Acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or in other similar manner, in furtherance of the purposes of this Compact.

(h) Charge a fee to each applicant for an initial license or renewal of a license.

(i) Receive other funds through gifts, grants, and appropriations.
3 Del. C. § 7403 — Delaware Code / Title 3 / Chapter 74 / Section 7403
§ Â
        7403. Rules and regulations; quarantine orders.
Status: in_force

(a) For the proper enforcement of this chapter, the Department may make and enforce orders, rules and regulations for the control and eradication of Equine Infectious Anemia.

(b) Any equine suspected of having Equine Infectious Anemia shall be, by order of the Department, removed from the barns or other facilities used by healthy equines and quarantined in such place on the premises on which it is being kept so as to insure its isolation, and it shall remain under quarantine in isolation for such period as the Department deems appropriate to insure that it is free of Equine Infectious Anemia.
3 Del. C. § 3511 — Delaware Code / Title 3 / Chapter 35 / Section 3511
§ Â
        3511. Enforcement.
Status: in_force

This chapter, together with the rules and regulations as promulgated by the Department of Agriculture, shall be enforced by the Department or its authorized agents. Any additional rules and regulations shall be determined by a public hearing after due notice.
3 Del. C. § 2602 — Delaware Code / Title 3 / Chapter 26 / Section 2602
§ Â
        2602. Application for exemption; requirements; examination.
Status: in_force

Any owner of a commercial forest plantation may make application to the Department of Agriculture to have such land listed for tax exemption. In making such application, such owner shall file with the Department of Agriculture a sworn statement of compliance with this chapter together with the location, description and acreage of the planted lands or the naturally reforested lands. Additionally, all applications for tax exemption must be accompanied by a forest management plan approved by the State Forester. The Department of Agriculture, upon receipt of such application, shall direct the State Forester to make or cause to be made a thorough examination of the property described in the application and report the findings to the Department of Agriculture.
3 Del. C. § 10107 — Delaware Code / Title 3 / Chapter 101 / Subchapter I / Section 10107
§ Â
        10107. Employees.
Status: in_force

(a) The Commission may appoint such officers, clerks, stenographers, inspectors, racing officials, veterinarians and such other employees as it deems necessary, consistent with the purposes of this chapter. The Commission for the purpose of maintaining integrity and honesty in racing shall prescribe by administrative regulation the powers and duties of the persons employed under this section and qualifications necessary to competently perform those duties.

(b) In addition to any minimum qualifications promulgated by the Commission, all applicants for the position of steward or race judge must be certified by a national organization approved by the Commission. An applicant for the position of steward or race judge must also have been previously employed as a steward, patrol judge, clerk of scales or other racing official at a thoroughbred racing meeting for a period of not less than 45 days during 3 of the past 5 years, or have at least 5 years of experience as a licensed jockey who has also served not less than 1 year as a licensed racing official at a thoroughbred racing meeting, or have 10 years of experience as a licensed thoroughbred racing trainer who has also served not less than 1 year as a licensed racing official at a thoroughbred racing meeting.

(c) The Commission may appoint a racing inspector or investigator for each thoroughbred racing meet. Such racing inspector shall perform all duties prescribed by the Commission consistent with the purposes of this chapter. Such racing inspector shall have full and free access to the books, records and papers pertaining to the pari-mutuel system of wagering and to the enclosure or space where the pari-mutuel system is conducted at any thoroughbred racing meeting to which the racing inspector shall be assigned for the purpose of ascertaining whether the holder of such permit is operating in compliance with the Commission’s rules and regulations. The racing inspector shall investigate whether such rules and regulations promulgated by the Commission are being violated at such thoroughbred race track or enclosure by any licensee, patron or other person. Upon discovering any such violation, the racing inspector shall immediately report those findings in writing and under oath to the Commission or its designee as it may deem fitting and proper. The racing inspector or investigator shall be devoted full time to the duties of the office and shall not hold any other position or employment, except for performance of similar duties for the Harness Racing Commission.

(d) All employees appointed under subsections (a) through (c) of this section shall serve at the pleasure of the Commission and are to be paid a reasonable compensation. No person shall be appointed to or hold any such office or position who holds any official relation to any person, association or corporation engaged in or conducting thoroughbred racing within this State. The compensation of the stewards and track veterinarian shall be paid by the Commission subject to pro rata reimbursement by the licensed persons or associations conducting thoroughbred racing meets under this chapter. Increases in costs of the aforementioned officials 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. No Commissioner, racing official, steward or judge whose duty is to insure that the rules and regulations of the Commission are complied with shall bet on the outcome of any race regulated by the Commission or have any financial or pecuniary interest in the outcome of any race regulated by the Commission.

(e) The Commission may employ an Administrator of Racing who shall perform all duties prescribed by the Commission consistent with the purposes of this chapter. The Administrator of Racing shall be appointed by the Governor after consideration of candidates jointly submitted by the Harness Racing Commission and the Thoroughbred Racing Commission. The Administrator of Racing shall be devoted full time to the duties of the office and shall not hold any other office or employment, except that the Administrator of Racing can perform the same duties as Administrator of Racing for the Harness Racing Commission. The Administrator of Racing shall be the representative for the Commission at all meetings of the Commission and shall keep a complete record of its proceedings and preserve, at its general office, all books, maps, documents and papers entrusted to its care. The Administrator of Racing shall be the executive officer of the Commission and shall be responsible for keeping all Commission records and carrying out the rules and orders of the Commission. The Commission may appoint the Administrator of Racing to act as a hearing officer to hear appeals from administrative decisions of the steward or racing judges.
3 Del. C. § 8533 — Delaware Code / Title 3 / Chapter 85 / Subchapter III / Section 8533
§ Â
        8533. Liability of stockholders and officers for debts of association.
Status: in_force

The officers and stockholders of an association, organized under and accepting this chapter, shall not be individually liable for the debts of the association otherwise than as provided in this chapter. Each common stockholder of an association shall be liable in the common stockholder’s individual capacity to the amount of stock held by the common stockholder for all work and labor done to carry on the operations of the association. The terms “work” and “labor” as used in this section mean only such obligations incurred by the association for salary and wages for actual labor and services performed by individuals.
3 Del. C. § 2907 — Delaware Code / Title 3 / Chapter 29 / Section 2907
§ Â
        2907. Hearing procedure; appeals.
Status: in_force

(a) The Secretary, or the Secretary’s designee shall conduct all administrative proceedings under this chapter.

(b) A person accused of violating this chapter has the right to appear personally, to be represented by counsel, and to submit evidence and witnesses in defense of the charges.

(c) The Secretary or the Secretary’s designee shall make and preserve a full record of the proceeding. A transcript of the record may be purchased upon payment to the Department of Agriculture of the cost of preparing such a transcript.

(d) The Secretary or the Secretary’s designee shall issue a decision in writing to the person accused of violating this chapter within 30 days of the conclusion of the hearing.

(e) The decision by the Secretary or the Secretary’s designee is appealable to the Superior Court within 30 days of the date the decision is mailed.

(f) Written notice of an appeal under subsection (e) of this section, must state the grounds for the appeal and be served on the Secretary.
3 Del. C. § 7107 — Delaware Code / Title 3 / Chapter 71 / Section 7107
§ Â
        7107. Compensation for animals condemned and killed.
Status: in_force

(a) Except as otherwise provided in Chapter 73 of this title, when it is deemed necessary to condemn and kill any animal or animals to prevent the further spread of disease, and an agreement cannot be made with the owners for the value thereof, 3 appraisers shall be appointed, 1 by the owner, 1 by the Department of Agriculture or its authorized agent, and the third by the 2 so appointed. The appraisers shall, under oath or affirmation, appraise the animal or animals, taking into consideration their actual value and condition at the time of appraisement, and the appraised price shall be paid in the same manner as other expenses of the Department. Under such appraisement not more than $50 shall be paid for any infected animal of grade or common stock, not more than $100 for any infected animal of registered stock, not more than $40 for any horse or mule of common or grade stock, and not more than 50 percent of the appraised value of any standard bred registered or imported horse.

(b) Notwithstanding the provisions of subsection (a) of this section, in no event shall the State be liable or otherwise legally obligated to pay compensation to any person(s) or other entities in any amount exceeding $5 million during any single state fiscal year as a result of the State’s having ordered the destruction of any poultry to prevent the spread of disease.
3 Del. C. § 2243 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2243
§ Â
        2243. Same â Denial.
Status: in_force

(a) The Commission may refuse to grant any certificate if the applicant fails to meet the minimum criteria for certification or has been found to have violated this chapter or Commission regulations related to the generation or application of nutrients in this State.

(b) All decisions of the Commission relating to the denial of a certificate shall be final and conclusive unless the person who was denied a certificate shall appeal that denial pursuant to provisions of § 2262 of this title.
3 Del. C. § 102 — Delaware Code / Title 3 / Chapter 1 / Section 102
§ Â
        102. Entry on lands.
Status: in_force

In order to accomplish the purposes of this title, the Department of Agriculture, its officers, employees, agents and servants, may enter upon any public or private premises, parks or cemeteries, or upon any lands of any person within this State, for the purpose of inspecting, examining, destroying, treating or experimenting upon insects and diseases.
3 Del. C. § 10048 — Delaware Code / Title 3 / Chapter 100 / Subchapter III / Section 10048
§ Â
        10048. Restrictions on licensee acting as video lottery agent.
Status: in_force

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

(1) a. As to each racetrack so licensed by the Director of the State Lottery Office, the licensee shall, at a minimum, subject to the availability of racing stock, force majeure, casualty, and other circumstances beyond the reasonable control of the licensee, conduct live harness horse races on:

1. At least 80 days if the licensee conducted more than 40 days of live harness horse races during 1992, or

2. At least 60 days if the licensee conducted 40 or fewer days of live harness horse races during 1992.

b. The obligation set forth in paragraph a. of this subsection to increase the number of days upon which live harness horse races must be conducted shall be contingent upon:

1. The licensee receiving the necessary approvals from the Commission and any approvals required from the contracted horsemen’s association to conduct year-round inbound and outbound simulcasting,

2. The licensees continuing to be licensed under Chapter 48 of Title 29 as a video lottery agent, and

3. No authorization of any increase in the number of video lottery agents.

c. Each licensee shall also employ during the live racing operations a minimum of 50 additional employees than the average daily number employed during the most recent racing meet held prior to July 16, 1994. The licensee’s continued failure to substantially comply with this requirement after notice from the Director shall be grounds for revocation or suspension of the video lottery agent’s license.

(2) An amount calculated pursuant to § 4815(b)(4) of Title 29 shall be added to the purses for the races to be held at the licensee’s racetrack. The allocation of said sums among the races to be held at the licensee’s racetrack shall be in accordance with contracts currently in force with the Horsemen’s Association recognized for purposes related to the allocation of purses, if applicable; provided, that all such sums shall have been allocated no later than the end of the calendar year immediately following the calendar year of receipt of said sums by the licensee.
3 Del. C. § 2301 — Delaware Code / Title 3 / Chapter 23 / Section 2301
§ Â
        2301. Agricultural lands and use of treated wastewater effluent.
Status: in_force

Notwithstanding any law or regulation to the contrary:

(1) Any agricultural lands which are actively being farmed shall have the right to receive and recycle to such land reclaimed water through irrigation systems.

(2) Any agricultural land receiving and applying reclaimed water pursuant to paragraph (1) of this section may also be leased to a private or public entity for irrigation systems to disperse said reclaimed water in accordance with the agronomic requirements of the agricultural land. Such leased irrigation systems shall only be subject to application and permitting of the irrigation systems by the Delaware Department of Natural Resources and Environmental Control.

(3) The receipt and application of reclaimed water for irrigation purposes on agricultural lands subject to agricultural lands preservation under Chapter 9 of this title shall be permitted subject to the provisions of § 909(a)(5)e. of this title.

(4) Agricultural land may be leased to a public or private entity for irrigation systems to disperse reclaimed water provided that, prior to entering any contractual agreement, and expressly included in the contractual agreement, the private or public entity advises the agricultural landowners of potential limitation, risk and loss regarding the use of reclaimed water on conventional crops for direct human consumption.
3 Del. C. § 7335 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7335
§ Â
        7335. Interference with conduct of test.
Status: in_force

No person shall treat any cattle with a material or substance for the purpose of interfering with a Bang’s disease test, or shall interfere in any way with a representative of the Department of Agriculture who is making or assisting with a Bang’s disease test or shall alter or change an ear tag or other mark of identification for the purpose of concealing the identity of any cattle, or shall otherwise attempt to interfere with the identification of any cattle.
3 Del. C. § 1905 — Delaware Code / Title 3 / Chapter 19 / Section 1905
§ Â
        1905. Prohibitions.
Status: in_force

(a) No agricultural liming material shall be sold or offered for sale in this State unless it contains the minimum of calcium and magnesium, as stated in § 1903(b)(1) and (2).

(b) No agricultural liming material shall be sold or offered for sale in this State which contains toxic materials in quantities injurious to plants.
3 Del. C. § 7330 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7330
§ Â
        7330. Cleaning of premises after finding reactors.
Status: in_force

The owner shall clean and disinfect the premises where reactors to the agglutination test for Bang’s disease have been found and removed, at the owner’s own expense, in accordance with instructions from the representative of the Department of Agriculture, who shall inspect the premises.
3 Del. C. § 3501 — Delaware Code / Title 3 / Chapter 35 / Section 3501
§ Â
        3501. Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires a different construction:

(1) “Eggs” means eggs in the shell that are the product of domesticated chickens.

(2) “Consumer” means any person who acquires eggs for consumption in the person’s own household and not for resale.

(3) “Institutional consumer” means a restaurant, hotel, boardinghouse or any other business, facility or place in which eggs are prepared or offered as food for use by its patrons, residents, inmates or patients.

(4) “Retailer” means any person who markets eggs to ultimate consumers.

(5) “Market” means sell, offer for sale, give in the channels of commerce, barter, exchange, or distribute in any manner.

(6) “Person” means any individual, producer, firm, partnership, exchange, association, trustee, receiver, corporation or any other entity and any member, officer, employee or agent thereof.

(7) “Grade” means specifications defining the limits of variation in quality of eggs in such a manner as to differentiate among classes of eggs, and the letter, number or other symbol by which reference thereto may be made.

(8) “Standard” means specifications of the physical characteristics of any or all of the component parts of individual eggs.
3 Del. C. § 9001 — Delaware Code / Title 3 / Chapter 90 / Subchapter I / Section 9001
§ Â
        9001. Enactment; form.
Status: in_force

The Pest Control Compact entered into with all other jurisdictions legally joining therein shall be in the form substantially as follows:

PEST CONTROL COMPACT

Article I Findings

The party states find that:

(a) In the absence of the higher degree of cooperation among them possible under this compact, the annual loss of approximately seven billion dollars from the depredations of pests is virtually certain to continue, if not to increase.

(b) Because of varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them.

(c) The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another to complement each other’s activities when faced with conditions of infestation and reinfestation.

(d) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crop and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an Insurance Fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interests, the most equitable means of financing cooperative pest eradication and control programs.

Article II Definitions

As used in this compact, unless the context clearly requires a different construction:

(a) “State” means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico;

(b) “Requesting state” means a state which invokes the procedures of the compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states;

(c) “Responding state” means a state requested to undertake or intensify the measures referred to in subdivision (b) of this article;

(d) “Pest” means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses or other plants of substantial value;

(e) “Insurance Fund” means the Pest Control Insurance Fund established pursuant to this compact;

(f) “Governing Board” means the administrators of this compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this compact;

(g) “Executive Committee” means the Committee established pursuant to Article V(e) of this compact.

Article IIIThe Insurance Fund

There is established the Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this compact. The Insurance Fund shall contain moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the Insurance Fund shall not accept any donation or grant whose terms are inconsistent with any provision of this compact.

Article IV The Insurance Fund, Internal Operations and Management

(a) The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided. The actions of the Governing Board and Executive Committee pursuant to this compact shall be deemed the actions of the Insurance Fund.

(b) The members of the Governing Board shall be entitled to one vote each on such Board. No action of the Governing Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Governing Board are cast in favor thereof. Action of the Governing Board shall be only at a meeting at which a majority of the members are present.

(c) The Insurance Fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the Governing Board may provide.

(d) The Governing Board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer. The chairman may not serve a consecutive term. The Governing Board may appoint an executive director and fix the executive director’s duties and the executive director’s compensation, if any. Such executive director shall serve at the pleasure of the Governing Board. The Governing Board shall make provision for the bonding of such of the officers and employees of the Insurance Fund as may be appropriate.

(e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Insurance Fund and shall fix the duties and compensation of such personnel. The Governing Board in its bylaws shall provide for the personnel policies and programs of the Insurance Fund.

(f) The Insurance Fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation.

(g) The Insurance Fund may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation, gift or grant accepted by the Governing Board pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report of the Insurance Fund. Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender.

(h) The Governing Board shall adopt bylaws for the conduct of the business of the Insurance Fund and shall have the power to amend and rescind these bylaws. The Insurance Fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.

(i) The Insurance Fund annually shall make to the Governor and General Assembly of each party state a report covering its activities for the preceding year. The Insurance Fund may make such additional reports as it may deem desirable.

(j) In addition to the powers and duties specifically authorized and imposed, the Insurance Fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this compact.

Article VCompact and Insurance Fund Administration

(a) In each party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws of such compact administrator’s state may provide, and who shall:

(1) Assist in the coordination of activities pursuant to the compact in such compact administrator’s state; and

(2) Represent such compact administrator’s state on the Governing Board of the Insurance Fund.

(b) If the laws of the United States specifically so provide, or if administrative provision is made therefor with the federal government, the United States may be represented on the Governing Board of the Insurance Fund by not to exceed 3 representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the Governing Board or on the Executive Committee thereof.

(c) The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of this compact, supervising and giving direction to the expenditure of moneys from the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the chairman, the Executive Committee, or a majority of the membership of the Governing Board.

(d) At such times as it may be meeting, the Governing Board shall pass upon applications for assistance from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is not in session, the Executive Committee thereof shall act as agent of the Governing Board, with full authority to act for it in passing upon such applications.

(e) The Executive Committee shall be composed of the chairman of the Governing Board and 4 additional members of the Governing Board chosen by it so that there shall be one member representing each of 4 geographic groupings of party states. The Governing Board shall make such geographic groupings. If there is representation of the United States on the Governing Board, one such representative may meet with the Executive Committee. The chairman of the Governing Board shall be chairman of the Executive Committee. No action of the Executive Committee shall be binding unless taken at a meeting at which at least 4 members of such Committee are present and vote in favor thereof. Necessary expenses of each of the 5 members of the Executive Committee incurred in attending meetings of such Committee, when not held at the same time and place as a meeting of the Governing Board, shall be charged against the Insurance Fund.

Article VIAssistance and Reimbursement

(a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves:

(1) The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this compact.

(2) The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this compact.

(b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the Governing Board to authorize expenditures from the Insurance Fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use moneys made available from the Insurance Fund expeditiously and efficiently to assist in affording the protection requested.

(c) In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing:

(1) A detailed statement of the circumstances which occasion the request for the invoking of this compact.

(2) Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass or other plant having a substantial value to the requesting state.

(3) A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefor, in connection with the eradication, control, or prevention of introduction of the pest concerned.

(4) Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity.

(5) A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the compact in the particular instance can be abated by a program undertaken with the aid of moneys from the Insurance Fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time.

(6) Such other information as the Governing Board may require consistent with the provisions of this compact.

(d) The Governing Board or Executive Committee shall give due notice of any meeting at which an application for assistance from the Insurance Fund is to be considered. Such notice shall be given to the compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting.

(e) Upon the submission as required by paragraph (c) of this article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this compact and justified thereby, the Governing Board or Executive Committee shall authorize support of the program. The Governing Board or the Executive Committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the Governing Board or Executive Committee, with respect to an application, together with the reasons therefor shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof.

(f) A requesting state which is dissatisfied with a determination of the Executive Committee shall, upon notice in writing given within 20 days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board. Determinations of the Executive Committee shall be reviewable only by the Governing Board at one of its regular meetings, or at a special meeting held in such manner as the Governing Board may authorize.

(g) Responding states required to undertake or increase measures pursuant to this compact may receive moneys from the Insurance Fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the Insurance Fund. The Governing Board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof.

(h) Before authorizing the expenditure of moneys from the Insurance Fund pursuant to an application of a requesting state, the Insurance Fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation.

(i) The Insurance Fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states and any other entities concerned.

Article VIIAdvisory and Technical Committees

The Governing Board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations. Upon request of the Governing Board or Executive Committee an advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the Insurance Fund being considered by such Board or Committee and the Board or Committee may receive and consider the same: provided that any participant in a meeting of the Governing Board or Executive Committee held pursuant to Article VI(d) of this compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the Governing Board or Executive Committee makes its disposition of the application.

Article VIIIRelations with Nonparty Jurisdictions

(a) A party state may make application for assistance from the Insurance Fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this article.

(b) At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to Article VI(d) of this compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the Governing Board or Executive Committee may provide. A nonparty state shall not be entitled to review of any determination made by the Executive Committee.

(c) The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of moneys from the Insurance Fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the Insurance Fund with respect to expenditures and activities outside of party states.

Article IXFinance

(a) The Insurance Fund shall submit to the executive head or designated officer or officers of each party state a budget for the Insurance Fund for such period as may be required by the laws of that party state for presentation to the General Assembly thereof.

(b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The requests for appropriations shall be apportioned among the party states as follows: One-tenth of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state. In determining the value of such crops and products the Insurance Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products.

(c) The financial assets of the Insurance Fund shall be maintained in two accounts to be designated respectively as the “Operating Account” and the “Claims Account.” The Operating Account shall consist only of those assets necessary for the administration of the Insurance Fund during the next ensuing two-year period. The Claims Account shall contain all moneys not included in the Operating Account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the Insurance Fund for a period of 3 years. At any time when the Claims Account has reached its maximum limit or would reach its maximum limit by the addition of moneys requested for appropriation by the party states, the Governing Board shall reduce its budget requests on a pro rata basis in such manner as to keep the Claims Account within such maximum limit. Any moneys in the Claims Account by virtue of conditional donations, grants or gifts shall be included in calculations made pursuant to this paragraph only to the extent that such moneys are available to meet demands arising out of claims.

(d) The Insurance Fund shall not pledge the credit of any party state. The Insurance Fund may meet any of its obligations in whole or in part with moneys available to it under Article IV(g) of this compact, provided that the Governing Board takes specific action setting aside such moneys prior to incurring any obligation to be met in whole or in part in such manner. Except where the Insurance Fund makes use of moneys available to it under Article IV(g) of this compact, the Insurance Fund shall not incur any obligation prior to the allotment of moneys by the party states adequate to meet the same.

(e) The Insurance Fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the Insurance Fund.

(f) The accounts of the Insurance Fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the Insurance Fund.

Article XEntry Into Force and Withdrawal

(a) This compact shall enter into force when enacted into law by any 5 or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 2 years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Article XIConstruction and Severability

This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, it shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
3 Del. C. § 8503 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8503
§ Â
        8503. Articles of association; contents; acknowledgment.
Status: in_force

(a) The articles of association of an intended association shall be subscribed by 5 or more persons, 3 of whom shall be citizens of this State, and shall set forth:

(1) The name of the association, which shall include the word “cooperative”;

(2) The class of services to be performed by the association, which services shall be 1 or more of those enumerated in § 8507 of this title;

(3) The location of the registered office of the association, which shall be within this State;

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

(5) The amount of its capital stock, and the number and par value of shares into which it is divided, the names and post-office addresses of the subscribers, the number of shares subscribed by each, and the amount of capital actually paid into the treasury;

(6) The number of its directors for the first year, not less than 5, the names and residences of those who are chosen for directors for the first year, and the name and residence of the treasurer;

(7) Any other provisions, not inconsistent with law, which the association sees fit to adopt, governing the regulation and conduct of its affairs.

(b) The articles of association shall be acknowledged by not less than 5 of the subscribers thereto, before any officer authorized to take acknowledgments and administer oaths and affirmations in this State. The subscribers making the acknowledgment shall also make and subscribe an oath or affirmation before the authorized officer that the statements contained therein are true.
3 Del. C. § 8714 — Delaware Code / Title 3 / Chapter 87 / Section 8714
§ Â
        8714. Inspection; exception.
Status: in_force

Inspection shall not be provided under this chapter at any establishment for: (1) the slaughter of livestock or poultry, or (2) the preparation of any livestock products or poultry products which are not intended for use as human food. Such products shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use as human food.
3 Del. C. § 7508 — Delaware Code / Title 3 / Chapter 75 / Section 7508
§ Â
        7508. Precautions against spread of disease.
Status: in_force

After inspection of infected bees, equipment or appliances, the State Apiarist or inspector shall take such measures as shall prevent the spread of the disease by infected material adhering to the State Apiarist's or inspector's person or clothing or to any equipment or appliances used by the State Apiarist or inspector which may have come in contact with infected material.
3 Del. C. § 1076 — Delaware Code / Title 3 / Chapter 10 / Subchapter VI / Section 1076
§ Â
        1076. Appeals.
Status: in_force

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

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

(c) No appeal shall operate to automatically stay any action of the State Forester.
3 Del. C. § 10028 — Delaware Code / Title 3 / Chapter 100 / Subchapter II / Section 10028
§ Â
        10028. Inspection of racing premises prior to meet.
Status: in_force

Not less than 5 days prior to the opening of any meet authorized by the Commission, the Commission, at the expense of the licensee for the meet, shall cause to be made an inspection of the track, grandstand and buildings where the meet is to be held and unless the track, grandstand and buildings where the meet is to be held are found to be safe for animals and persons, or are rendered safe prior to the opening of the meet, the license for the meet shall be withdrawn.
3 Del. C. § 7103 — Delaware Code / Title 3 / Chapter 71 / Section 7103
§ Â
        7103. Administration of hog-cholera vaccine.
Status: in_force

No person shall buy, sell or administer any modified live virus hog-cholera vaccine in this State.
3 Del. C. § 907 — Delaware Code / Title 3 / Chapter 9 / Subchapter II / Section 907
§ Â
        907. Establishment of Agricultural Preservation Districts.
Status: in_force

(a) Any owner or owners of contiguous farmland and/or forestland containing at least 200 usable acres of such lands located in the State may submit on a voluntary basis, on such forms as the Foundation prescribes, an application for establishment of an Agricultural Preservation District. Upon receipt of a completed application, the Foundation shall review within 45 days the application to determine if it satisfies the criteria for eligibility established under § 908 of this title and any regulations adopted and related thereto. The Foundation shall, following its review to determine eligibility, notify the applicant of its findings. The Foundation shall be entitled to provide assistance to potential applicants regarding the completion of necessary application forms.

(b) If an application for establishment of an Agricultural Preservation District satisfies the criteria for eligibility, the Foundation shall submit the application to the Board and Planning and Zoning Commission for the county in which the farmlands and/or forestlands are located for purposes of obtaining a recommendation. The application shall be reviewed by the Board in accordance with the procedures set forth under § 906(d) of this title. The Planning and Zoning Commission, upon receipt of an application from the Foundation, shall timely notice consideration of the application at its next regularly scheduled meeting, and shall recommend in favor or against approval, and include any reasons for its decision. If the Planning and Zoning Commission fails to render a decision on an application within 90 days of receipt, the application shall be deemed approved.

(c) The Foundation shall consider applications for establishment of Agricultural Preservation Districts at its next noticed regularly scheduled meeting after the review process has been completed at the Board and Planning and Zoning Commission levels. The Foundation shall render a decision in favor or against approval of the application. An Agricultural Preservation District shall be established if the application is approved by any 2 of the 3 entities which considered the application, namely: The Foundation, the Board and the Planning and Zoning Commission.

(d) An owner of farmland and/or forestland consisting of less than 200 acres in the State may submit on a voluntary basis, on such forms as the Foundation prescribes, an application for expansion of an established Agricultural Preservation District if the application satisfies the criteria for eligibility established under § 908 of this title and any regulations adopted thereunder, as determined by the Foundation, and the farmland and/or forestland is either (1) contiguous to the established Agricultural Preservation District, or (2) located in whole or part within a 3-mile radius of an established Agricultural Preservation District. The Foundation shall render decisions in favor or against applications for expansions of Agricultural Preservation Districts at noticed regularly scheduled meetings.

(e) Upon the establishment of an Agricultural Preservation District or the expansion of an Agricultural Preservation District, the Foundation shall provide appropriate notice and a description of the established or expanded District to the Planning and Zoning Commission and Board of Assessment for the county in which such District is located. Upon receipt of such information from the Foundation, the Planning and Zoning Commission and the Board of Assessment shall provide appropriate reference in their real property records and notations on maps which are utilized and maintained that the subject farmlands and/or forestlands are included in an Agricultural Preservation District.
3 Del. C. § 1301 — Delaware Code / Title 3 / Chapter 13 / Section 1301
§ Â
        1301. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Agent” means any person that performs services for another person under an express or implied agreement. A person may be an agent without receiving compensation for services.

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

(3) “Broker” means any person that negotiates the purchase or sale of any material. A broker may or may not handle either the material which is involved or the proceeds of a sale.

(4) “Certificate” means a document authorized or prepared by an authorized federal or state regulatory official that affirms, declares, or verifies that a plant or other regulated article meets phytosanitary (quarantine), nursery inspection, pest freedom, plant registration or certification, or other legal requirements. Such documents are known by their purpose of issuance and include: phytosanitary certificate (for the purpose of verifying compliance with phytosanitary (quarantine) requirements); nursery inspection certificate (for the purpose of verifying compliance with nursery inspection and pest freedom standards); registration or certification tags, or seals (for the purpose of verifying compliance with registration or certification requirements).

(5) “Certification” means the act by the Department of affirming, declaring, or verifying compliance with phytosanitary (quarantine), nursery inspection, pest freedom, plant registration or certification, or any other set of legal requirements.

(6) “Chain store” means any business with 1 or more retail outlets that sells plants, plant material, or nursery stock and which is owned by a common parent business entity.

(7) “Commission merchant” means any person that receives on consignment or solicits any material from a licensee, producer, or producer’s agent or accepts material in trust for purposes of sale and sells or resells any material on commission or for a fee.

(8) “Consignee” means any person to whom any plant, nursery stock, horticultural product, or similar item is shipped for handling, sale, resale, or other purpose.

(9) “Consignor” means any person that ships or delivers to a consignee any plant, nursery stock, horticultural product, or similar item for handling, planting, sale, resale, or any other purpose.

(10) “Dangerously injurious plant pest” means 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.

(11) “Dealer” means any person that obtains title to, or possession, control, or delivery of, any plant, plant material, or nursery stock, from a producer for the purpose of resale.

(12) “Department” means the Department of Agriculture of this State and includes its officers, inspectors, employees, agents, or representatives.

(13) “Florist” includes a person or business engaged in the production or sale, wholesale or retail, of plants, plant materials, or nursery stock for temporary, semi-permanent, seasonal, or permanent, indoor or outdoor use.

(14) “Garden center” includes a business establishment engaged in the year round, retail sale of plants, plant material, or nursery stock from a specific, permanent sales location.

(15) “Greenhouse” includes an establishment or business engaged in the production of plants, plant material, or nursery stock within a climate controlled structure, for distribution beyond on-site or personal use.

(16) “Grower” includes any person that raises, grows, or propagates, for profit or other reasons, outdoors or indoors, any horticultural product, nursery stock, or plant.

(17) “Hold order” means an order or notice written by the Department to the owner or person in charge or in possession of a premises, plant, conveyance, or article infested or infected with or exposed to infestation or infection of a dangerously injurious plant pest, making it unlawful to move the aforementioned article unless treated in accordance with the Department’s prescribed procedures.

(18) “Horticultural product” means 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, fruit stock, floral products, nursery stock, ornamental plants, potted plants, roses, seed, Christmas trees, fruits, food crops grown in greenhouses, vegetables, and horticultural specialties not otherwise specified.

(19) “Infected” means a plant that has been determined by the Department to be contaminated with an infectious, transmissible, or contagious 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.

(20) “Infested” means 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.

(21) “Landscaper” means any person that keeps at a premises, or procures for transplantation, nursery stock for installation on the property of another person.

(22) “Mail-order merchant” includes any person, dealer, or producer that sells or markets, wholesale or retail, any of its orders or business by drop shipment, catalog, telemarketing, telephone, mail-order, online sales, or other indirect means.

(23) “Mark” means a conspicuous official indicator affixed by the Department, for purposes of identification or separation, to, on, around, or near, plants or plant material, known or suspected to be, infected or infested with a dangerously injurious plant pest or determined to be a public nuisance. This includes paint, markers, tags, seals, stickers, tape, signs, or placards.

(24) “Move” means to ship, offer for shipment, receive for transport, carry or, in any manner whatsoever, convey, or relocate a regulated plant, plant material, or nursery stock, from 1 place to another.

(25) “Nursery” means any location where nursery stock is grown, propagated, stored, or sold; or any location from which nursery stock is distributed direct to a customer. (See “Sales location.”)

(26) “Nursery license” means a document issued by the Department authorizing a person to engage in a nursery or nursery related business at a particular location under a specified business name.

(27) “Nursery stock” means any plant for planting, propagation, or ornamentation, including:

a. All plants, trees, shrubs, vines, perennials grafts, cuttings, buds, clones, and seedlings that may be sold for propagation, whether cultivated or wild, and all viable parts of these plants.

b. Any other plant or plant part, including cut Christmas trees or any nonhardy plant or plant part, including annuals, bedding plants, and vegetable plants.

(28) “Owner” includes 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 as defined in this chapter are to be found, or person that is in possession of, in proprietorship of, or has responsibility for the regulated articles.

(29) “Person” includes any individual, family, firm, association, group, business, company, incorporated entity, or organization.

(30) “Pest” includes any biotic agent (any living agent capable of reproducing itself) that is known to cause damage or harm to agriculture or the environment.

(31) “Plant” includes any part of a plant, tree, aquatic plant, plant material, shrub, vine, fruit, rhizome, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or fruit pit, including:

a. Agricultural commodities: plant materials including any horticultural product.

b. Nursery stock.

c. Noncultivated or feral plants, gathered from the environment.

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

(32) “Plant pest” includes any pest of plants, agricultural commodities, horticultural products, nursery stock, or noncultivated plants. This includes insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma like organisms, weeds, plants, or parasitic higher plants.

(33) “Preclearance” means an agreement between quarantine officials of exporting and importing states to pass items that include plants or plant material through quarantine by allowing the exporting state to inspect the plants preshipment, rather than the importing state inspecting the shipment on arrival.

(34) “Producer” includes any person that raises, grows or propagates, for profit or other reasons, outdoors or indoors, any horticultural product, nursery stock, or plant.

(35) “Quarantine” means a legal instrument duly imposed or enacted by the Department as a means for mitigating pest risk. These actions include 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.

(36) “Registration” means the official recording of a growing location, person, plant, sales location, or any other thing or place as one that has met specified requirements and therefore eligible for a particular activity, operation, or purpose.

(37) “Roadside market” includes a business engaged in the retail sale of plants, plant material, or nursery stock on a seasonal basis and which may operate from a specific sales location or multiple mobile locations.

(38) “Sales location” means every location from which nursery stock is delivered directly to a customer.

(39) “Secretary” means the Secretary of the Department or the Secretary’s designee.

(40) “Sell” includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade.

(41) “Shipment” means any article or thing which is, may be, or has been transported or conveyed from 1 place to another.
3 Del. C. § 8521 — Delaware Code / Title 3 / Chapter 85 / Subchapter II / Section 8521
§ Â
        8521. Directors; duties; election; term; vacancies.
Status: in_force

(a) The board of directors of each association shall consist of not less than 5 members. The board shall manage the affairs of the association and shall perform such other duties as are specifically imposed upon the board by this chapter.

(b) The bylaws of the association shall provide a method by which directors shall be nominated and elected, and may provide that the territory in which the association has stockholders shall be divided into districts, and may apportion the directors to be elected to the respective districts on the basis either of the number of stockholders or the quantity of the commodities produced for sale through the association in the respective districts. Meetings for the nomination and election of directors may be held by the stockholders either at the principal office of the corporation, or at district or local meetings of the stockholders held at the usual meeting places of local groups of stockholders that are organized for administrative purposes in the several communities, or by delegates or representatives chosen for that purpose by the stockholders in meetings assembled in the several local communities, as the bylaws may direct. Directors shall hold office until their successors enter upon the discharge of their duties. Vacancies shall be filled for the unexpired terms by the board of directors at any regular meeting, or at any special meeting called for that purpose.

(c) The board of directors shall be a continuing body, the term of one-third, or as near as may be, of whom shall expire each year, and the bylaws of the association shall so regulate the terms of directors, including the terms of additional directors that may be authorized from time to time, in order to make this principle effective.
3 Del. C. § 10211 — Delaware Code / Title 3 / Chapter 102 / Section 10211
§ Â
        10211. Immunity from liability for performance of official acts and duties.
Status: in_force

Officials of party states shall not be held personally liable for any non-intentional act or omission that occurs during the performance of their official responsibilities and duties under this Compact.
3 Del. C. § 2904 — Delaware Code / Title 3 / Chapter 29 / Section 2904
§ Â
        2904. Regulations; designation of plants.
Status: in_force

(a) (1) The Secretary shall adopt regulations necessary to carry out the purposes of this chapter.

(2) The regulations adopted under paragraph (a)(1) of this section shall include all of the following:

a. Maintaining the Invasive Plant List.

b. Establishing and maintaining the Plant Watch List.

(3) The Secretary shall adopt regulations under paragraph (a)(2) of this section with the advice of the Delaware Native Species Commission, so long as the Delaware Native Species Commission exists.

(b) The Invasive Plant List contains plants that are known to be invasive plants. Until revised under paragraph (a)(2)a. of this section, the Invasive Plant List is as follows:

(1) Amur honeysuckle (Lonicera maackii).

(2) Autumn olive (Elaeagnus umbellate).

(3) Callery pear (Pyrus calleryana).

(4) Chinese wisteria (Wisteria sinensis).

(5) Creeping Jenny (Lysimachia nummularia).

(6) Creeping water primrose (Ludwigia peploides subsp. glabrescens).

(7) English ivy (Hedera helix).

(8) European privet (Ligustrum vulgare).

(9) European reed (Phragmites australis subsp. australis).

(10) European sweetflag (Acorus calamus).

(11) Garlic mustard (Alliaria petiolate).

(12) Hydrilla (Hydrilla verticillate).

(13) Japanese barberry (Berberis thunbergia).

(14) Japanese honeysuckle (Lonicera japonica).

(15) Japanese knotweed (Fallopia japonica).

(16) Japanese pachysandra (Pachysandra terminalis).

(17) Japanese stiltgrass (Microstegium vimineum ).

(18) Lesser celandine (Ficaria verna).

(19) Lesser periwinkle (Vinca minor).

(20) Marsh dewflower (Murdannia keisak).

(21) Mile-a-minute weed (Persicaria perfoliate).

(22) Morrow’s honeysuckle (Lonicera morrowii).

(23) Multiflora rose (Rosa multiflora).

(24) Norway maple (Acer platanoides).

(25) Orange daylily (Hemerocallis fulva).

(26) Oriental bittersweet (Celastrus orbiculatus).

(27) Parrot-feather (Myriophyllum aquaticum).

(28) Porcelain berry (Ampelopsis glandulosa).

(29) Purple loosestrife (Lythrum salicaria).

(30) Spotted knapweed (Centaurea stoebe subsp. micranthos).

(31) Tatarian honeysuckle (Lonicera tatarica).

(32) Tree of heaven (Ailanthus altissima).

(33) Water hyacinth (Eichhornia crassipes).

(34) Wineberry (Rubus phoenicolasius).

(35) Winged euonymus (Euonymus alatus).

(36) Yam-leaved clematis (Clematis terniflora).

(37) Yellow flag iris (Iris pseudoacorus).

(c) (1) The Plant Watch List contains plants that have the potential to be invasive plants.

(2) The Secretary shall create and publish a template for the tags, labels, and signs that must be used to identify a plant on the Plant Watch List as being potentially invasive.
3 Del. C. § 401 — Delaware Code / Title 3 / Chapter 4 / Section 401
§ Â
        401. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Aquaculture Act.”
3 Del. C. § 8710 — Delaware Code / Title 3 / Chapter 87 / Section 8710
§ Â
        8710. Prohibited acts.
Status: in_force

(a) No person shall, with respect to any livestock or poultry or any livestock products or poultry products:

(1) Slaughter any such animals or prepare any such articles which are capable of use as human food, at any establishment preparing such articles solely for intrastate commerce, except in compliance with the requirements of this chapter;

(2) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any such articles which are capable of use as human food, and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or any articles required to be inspected under this chapter, unless they have been so inspected and passed; or

(3) Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.

(b) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, or from an official establishment, any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with regulations promulgated by the Secretary, except as may be authorized by such regulations.

(c) No person shall violate any provision of the regulations or orders of the Secretary under § 8707 or 8708 of this title.
3 Del. C. § 712 — Delaware Code / Title 3 / Chapter 7 / Section 712
§ Â
        712. Records of Advisory Board.
Status: in_force

All of the records of the Advisory Board shall be public records and shall be available for inspection for any lawful purpose; provided, however, that the Advisory Board shall be empowered to make reasonable rules and regulations concerning the time or place of such inspection, as provided in the Freedom of Information Act, Chapter 100 of Title 29.
3 Del. C. § 3142 — Delaware Code / Title 3 / Chapter 31 / Subchapter IV / Section 3142
§ Â
        3142. Use of registered containers.
Status: in_force

(a) No person shall fill with milk, cream or other dairy products, or other beverages, oils, compounds or mixtures, any bottles, boxes, tins, cans or other receptacles or containers, marked or distinguished by or with any name, mark or device, of which a description has been filed and published as provided for in this subchapter; or deface, erase, obliterate, cover up, or otherwise remove or conceal, any such name, mark or device thereon; or sell, buy, give, take, retain, or break, mutilate or destroy, or otherwise dispose of, or traffic in the same; without the written consent of the owner or owners thereof being first obtained.

(b) The fact of any person other than the rightful owner or owners thereof using any such bottles, boxes, tins, cans, or other receptacles or containers for the sale or storage therein of any milk, cream or other dairy products, or other beverages, oils, compounds or mixtures, without the written consent of such owner or owners, of which a description of the names, marks, or devices thereon has been filed and published in the manner provided for in this subchapter; or the buying, selling, using, disposing of, destroying, retaining, or trafficking in such bottles, boxes, tins, cans, or other receptacles or containers, by any person other than the owner or owners thereof, without written consent; or having possession, by any junk dealer or other dealer in secondhand articles, of any bottles, boxes, tins, cans, or other receptacles or containers, of which a description of the names, marks, or devices thereon has been filed and published without written consent, shall be prima facie evidence of the unlawful use, retention, possession of, or trafficking in such bottles, boxes, tins, cans, or other receptacles or containers.
3 Del. C. § 8501 — Delaware Code / Title 3 / Chapter 85 / Subchapter I / Section 8501
§ Â
        8501. Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

(1) “Agricultural products” includes all agricultural, horticultural, vegetable, fruit and floricultural products of the soil, livestock and meats, wool, hides, poultry, eggs, dairy products, nuts, mushrooms and honey, but does not include timber products.

(2) “Association” means a corporation formed under this chapter.

(3) “Patron” means a person engaged in agriculture whose products are sold by or supplies purchased through the association, or who has executed a contract with the association to sell all or a part of the patron’s agricultural products to or through the association.

(4) “Person engaged in agriculture” means a person engaged in agriculture, dairying, livestock raising, poultry raising, floriculture, mushroom growing, beekeeping, horticulture and other allied occupations.
3 Del. C. § 7328 — Delaware Code / Title 3 / Chapter 73 / Subchapter II / Section 7328
§ Â
        7328. Slaughter of condemned animals.
Status: in_force

Any animal condemned for Bang’s disease shall be slaughtered upon the direction of the Department of Agriculture or its duly appointed agent.
3 Del. C. § 604 — Delaware Code / Title 3 / Chapter 6 / Section 604
§ Â
        604. Viticulture technical assistance and marketing program.
Status: in_force

The Department shall develop and implement a technical assistance program to assist the owners and operators of viticultural facilities and to promote Delaware viticulture products. This program will be done in conjunction with, and shall be consistent with, the Department’s responsibilities as defined in § 103 of this title. The Department’s program shall include, but not be limited to, the following:

(1) Maintain a complete list of viticulturalists engaged in the production of any viticultural product for the purpose of certifying those viticulturists as bonafide Delaware viticulture producers.

(2) Develop and administer procedures for possession, processing, sale, delivery, transportation or exporting of viticulture products that comply with all federal and state laws, except where production of viticulture products into wine is regulated by the Commission.

(3) Encourage the viability and profitability of viticulture operations and to promote the consumption of Delaware-grown viticulture products within and outside the State.
3 Del. C. § 946 — Delaware Code / Title 3 / Chapter 9 / Subchapter VI / Section 946
§ Â
        946. Preservation easements.
Status: in_force

(a) The preservation easements provided as a condition for receiving a loan under this subchapter shall include, but not be limited to, the following conditions:

(1) The preservation easement binds and runs with the farmland in perpetuity, and is not subject to the termination provisions of § 917 of this title.

(2) No residential use is allowed on the farmland subject to the preservation easement.

(3) The farming and related uses as specified under § 909(a)(5)a. through h. inclusive of this title shall be allowed.

(4) Except as expressly provided otherwise, the farmland subject to a preservation easement under this subchapter shall have the same benefits, controls and restrictions as those preservation easements otherwise acquired pursuant to the provisions of this chapter, and provided further the Foundation shall be entitled to take enforcement action as provided in § 920 of this title.

(b) The preservation easements acquired under this subchapter shall not be affected by the payment status of the loan.
3 Del. C. § 1036 — Delaware Code / Title 3 / Chapter 10 / Subchapter III / Section 1036
§ Â
        1036. Development, distribution of comprehensive community forestry plan; approval.
Status: in_force

(a) The State Forester, with the advice and assistance of the Council, may develop and make available to local governments and organizations a list of elements found within a comprehensive community forestry plan. These guidelines shall establish, but not limit, the basic framework of an approved plan.

(b) The State Forester, with the advice and assistance of the Council, shall develop and make available to local governments and organizations a procedure for submitting for approval a comprehensive community forestry plan.

(c) A local government may develop and submit to the State Forester for approval a comprehensive community forestry plan according to procedures established by the Department.

(d) The State Forester, after review and comment by the Council, shall approve a comprehensive community forestry plan if the plan contains the basic elements of an approved plan and adequately addresses the needs of the community and the tree resource.
3 Del. C. § 1907 — Delaware Code / Title 3 / Chapter 19 / Section 1907
§ Â
        1907. Registration fees.
Status: in_force

Each application filed pursuant to § 1906 of this title shall be accompanied by an annual registration fee of $11.50 per product. Upon compliance with the provisions of this chapter, the registration shall be approved for the period ending on June 30 of the year next following that in which it was issued. No person shall be required to register any agricultural liming material for which a certificate of registration has been filed by the manufacturer or other person responsible for the material.
3 Del. C. § 1037 — Delaware Code / Title 3 / Chapter 10 / Subchapter III / Section 1037
§ Â
        1037. Annual report on the status of Delaware Urban and Community Forestry Program.
Status: in_force

The State Forester’s annual report shall contain a summary of the status of the Delaware Urban and Community Forestry Program, including any recommendations for legislative or administrative action to improve implementation of that program, and transmit that report to the Governor and the General Assembly.
3 Del. C. § 2242 — Delaware Code / Title 3 / Chapter 22 / Subchapter III / Section 2242
§ Â
        2242. Certification; applications.
Status: in_force

(a) Applications for certification shall be made to the Commission in writing on a form designated by the Commission.

(b) The Commission shall develop and approve minimum criteria for certification, which shall be included in regulations promulgated by the Secretary.

(c) The Commission may establish by regulation a yearly fee not to exceed $100 for each certificate.

(d) If the Commission finds the applicant qualified to handle nutrients in the classifications the applicant has applied for, the Commission may issue a certificate limited to the classifications for which the applicant is qualified. The Commission may limit the certificate of the applicant based on any subclassification the Commission has established. If a certificate is not issued as applied for, the Commission shall inform the applicant in writing of the reasons therefor.
3 Del. C. § 919 — Delaware Code / Title 3 / Chapter 9 / Subchapter IV / Section 919
§ Â
        919. Right of rejection.
Status: in_force

(a) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be entitled, within 30 days of the date of decision of the Foundation, to reject the establishment or expansion of any Agricultural Preservation District or the acquisition of a preservation easement, and the decisions of the Foundation on such matters shall be subject to right of rejection exercisable by the Secretary of the Department of Agriculture. If the right of rejection as provided herein is exercised, the Secretary of the Department of Agriculture shall notify the Foundation in writing of such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject by providing notification to such effect to the Foundation. Failure to act on the part of the Secretary of the Department of Agriculture within the specified 30-day period shall constitute an affirmation of the decision of the Foundation.

(b) In the event of rejection of an application by the Secretary of the Department of Agriculture for establishment or expansion of any Agricultural Preservation District or the acquisition of a preservation easement, such application shall be considered denied and not subject to reconsideration for a period of at least 1 year.

(c) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be entitled, within 30 days of the date of adoption of criteria for establishment and maintenance of Agricultural Preservation Districts pursuant to § 904(a)(1) of this title, to reject in whole or in part such criteria as adopted by the Foundation. If the right of rejection as provided herein is exercised, the Secretary of the Department shall notify the Foundation in writing of such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject by providing notification to such effect to the Foundation. Failure to act within the specified 30-day period shall constitute an affirmation of the decision of the Foundation. In response to the exercise of the right of rejection the Foundation shall be entitled to adopt alternative criteria, which action shall also be subject to the right of rejection provided herein.
3 Del. C. § 2222 — Delaware Code / Title 3 / Chapter 22 / Subchapter II / Section 2222
§ Â
        2222. Composition; appointment; qualifications and term; compensation; vacancies; civil liability.
Status: in_force

(a) The Delaware Nutrient Management Commission consists of 19 members as follows:

(1) Five members appointed by the Governor, 1 each representing the following categories, with at least 1 from each county:

a. A dairy, swine, beef, or small ruminant farmer.

b. An equine operation owner.

c. A poultry farmer.

d. A grain row crop farmer.

e. A vegetable row crop farmer.

(2) Three members appointed by the Governor, 1 each representing the following categories:

a. A representative of a commercial/agriculture nutrient applicator.

b. A representative of a golf course/lawn care industry.

c. A public citizen that does not represent any of the other categories.

(3) Two members appointed by the President Pro Tempore of the Senate, representing each of following categories:

a. A representative of a community-based environmental advocacy group.

b. A poultry farmer.

(4) Two members appointed by the Speaker of the House, representing each of following categories:

a. A representative of a community-based environmental advocacy group.

b. A dairy, swine, beef, or small ruminant farmer.

(5) One member who is a nutrient consultant appointed by the Senate Minority Leader.

(6) One member who is a representative of the commercial nursery industry appointed by the House Minority Leader.

(7) The Director of the Division of Watershed Stewardship of DNREC, or the Director’s designee.

(8) Four ex officio nonvoting members, or their designee:

a. The Secretary of the Department of Agriculture.

b. The Secretary of the Department of Natural Resources and Environmental Control (DNREC).

c. The Secretary of the Department of Health and Social Services.

d. The Nutrient Management Program Administrator.

(b) The Commission members shall elect a chairperson and vice chairperson from the appointed members of the Commission. Each officer shall serve for 4 years and may not serve more than 2 consecutive terms. In the event of a vacancy in 1 of the offices, a replacement must be elected within 60 days.

(c) All appointed members shall serve a term of 4 years.

(d) Any appointed member of the Commission who misses 3 consecutive meetings or is otherwise recommended for removal by the Commission may be removed by the appointing authority.

(e) Each appointed member of the Commission shall receive compensation of $100 per meeting. Commission members may be compensated for no more than 16 meetings per year. Commission members are entitled to be paid reasonable expenses for traveling to and from any Commission or Commission subcommittee meeting or conference attended on official business for the Commission.

(f) The Nutrient Management Program Administrator (NMPA) is a full-time, exempt state position selected by the Commission and created within the Department of Agriculture. The NMPA is the administrator of, and is responsible for, the operation of the State Nutrient Management Program.

(g) In any civil action against the Commission or any of its members, civil liability is determined pursuant to the provisions of Chapter 40 of Title 10.
3 Del. C. § 3103 — Delaware Code / Title 3 / Chapter 31 / Subchapter I / Section 3103
§ Â
        3103. Permit for receiving milk or cream; exceptions.
Status: in_force

Every creamery, shipping station, milk factory, cheese factory, ice cream factory, milk condensary or person receiving, buying and paying for milk or cream regardless of the method of settlement, shall be required to hold a permit for each and every place where milk or cream is received by weight or measure. This chapter shall not apply to individuals buying milk or cream for private use, or to producers buying milk in emergencies to make up their regular supply, or to persons buying from dealers already holding a permit, or to hotels, restaurants, boardinghouses, railroad dining cars, retail stores or drugstores. The permit shall be issued by the Department of Agriculture to such creamery, shipping station, milk factory, cheese factory, ice cream factory, milk condensary or person upon the filing of such information as may be required by the Department of Agriculture. The permit shall be valid for a term of 1 calendar year and may be revoked by the Department of Agriculture for any violation of the provisions of this chapter. This permit issued hereunder shall be posted in plain view in the station for which it is issued.
3 Del. C. § 10003 — Delaware Code / Title 3 / Chapter 100 / Subchapter I / Section 10003
§ Â
        10003. Composition; appointment; qualifications and term; compensation; vacancies.
Status: in_force

(a) The Delaware Harness Racing Commission is continued. The Commission shall consist of 5 members.

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

(c) The term of office of each Commissioner shall be 6 years from April 22 in the year of such Commissioner’s appointment and until such Commissioner’s successor shall qualify.

(d) Members of the Harness Racing Commission shall receive a $150 stipend for each meeting. The Chairperson of the Commission shall receive $250 per meeting. The Commission shall meet no more than 16 times per year. Each Commissioner shall be entitled to be paid such Commissioner’s reasonable expenses for traveling to and from any office of the Commission on official business.

(e) Vacancies in the Commission for any reason other than expiration of term of office shall be filled by the Governor for the unexpired term of any Commissioner. The Governor shall appoint a bona fide resident of the proper county for a full term of 6 years when there is a vacancy by reason of expiration of term.
3 Del. C. § 10129 — Delaware Code / Title 3 / Chapter 101 / Subchapter II / Section 10129
§ Â
        10129. Licenseeâs annual financial statement.
Status: in_force

Every licensee shall file with the Commission, not later than 4 months after the close of its fiscal year, a statement, duly certified by an independent public accountant, of its receipts from all sources whatsoever during such fiscal year and all expenses and disbursements itemized in the manner and form directed by the Commission. The statement shall also show the net revenue from all sources derived by the licensee during the fiscal year covered by such statement.
3 Del. C. § 1714 — Delaware Code / Title 3 / Chapter 17 / Section 1714
§ Â
        1714. Cooperation with other entities.
Status: in_force

The Department may cooperate and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.
3 Del. C. § 1059 — Delaware Code / Title 3 / Chapter 10 / Subchapter V / Section 1059
§ Â
        1059. Injunctive relief.
Status: in_force

Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this subchapter or rules or regulations adopted pursuant to it, the State Forester may bring an action in the Court of Chancery to restrain or to enjoin the acts or practices and to enforce compliance with this subchapter. The Court shall not require the Department of Agriculture to post a bond.
3 Del. C. § 7501 — Delaware Code / Title 3 / Chapter 75 / Section 7501
§ Â
        7501. Definitions.
Status: in_force

As used in this chapter:

(1) “Africanized bee” means Apis mellifera scutellata or Apis mellifera adansonii or other exotic species.

(2) “Apiary” means any place where one or more colonies of honey bees are kept.

(3) “Appliances” means any apparatus, tools, machine, or other device used in the handling of bees, honey, wax and hives, and includes smokers, veils, gloves, hive tools, extractors, as well as any container of bees, honey or wax which may be used in an apiary or in transporting bees and their products.

(4) “Bee diseases” means American or European foul brood or any other infectious or contagious disease pronounced detrimental to beekeeping by the Department of Agriculture or the State Apiarist.

(5) “Bee equipment” means hives, supers, frames, sections, wax foundation, wax, comb and honey.

(6) “Bees” means any stage of development of the common honey bee, Apis mellifera, or of any other bee species being transported into Delaware for any purpose.

(7) “Colony” means the hive and its bees, comb and equipment.

(8) “Control” means to curb or hold in check and includes, but is not limited to, abatement, containment, eradication, extermination or suppression.

(9) “Department” means the Delaware Department of Agriculture.

(10) “Eradication” means to burn or discard of bees, combs, and frames, or other equipment.

(11) “Exotic mite” means Tropilaelaps clarae, Varroa jacobsoni, Varroa rindereri, Varroa sinhai, Varroa wongsirii, or other non-endemic species.

(12) “Hive” means frame hive, box hive, barrel, log gum, skep or any other container, or any part thereof, which may be used as a domicile for bees.

(13) “Inspector” means any qualified person who is appointed by the Department for the purpose of inspecting honey bee colonies.

(14) “Mite” means Acarapis woodi, Varroa destructor.

(15) “Mite infestation” means the parasite or pathogen will threaten the colony health if action is not taken.

(16) “Queen apiary” means any apiary in which queen bees are reared or kept for gift or sale.
3 Del. C. § 10171 — Delaware Code / Title 3 / Chapter 101 / Subchapter IV / Section 10171
§ Â
        10171. Jockeys Health and Welfare Benefit Fund.
Status: reserved

(a) A special fund of the State is hereby established to be known as the “Delaware Jockeys Health and Welfare Benefit Fund.” Funds reserved for the Delaware Jockeys Health and Welfare Benefit Fund pursuant to § 4815(b)(4)c. of Title 29 shall be transferred to the Delaware Jockeys Health and Welfare Benefit Fund which will be maintained in an account established in the Department of Agriculture.

(b) Moneys from the Delaware Jockeys Health and Welfare Benefit Fund shall be expended in accordance with the provisions of § 4815(b)(4)c. of Title 29 and pursuant to regulations and reasonable criteria for benefit eligibility promulgated by the Jockeys Health and Welfare Benefit Fund Board.

(c) The Delaware Jockeys Health and Welfare Benefit Fund shall be invested by the State Treasurer consistent with the investment policies established by the Cash Management Policy Board. All income earned shall be reinvested in the Delaware Jockeys Health and Welfare Benefit Fund.
3 Del. C. § 101 — Delaware Code / Title 3 / Chapter 1 / Section 101
§ Â
        101. Powers.
Status: in_force

The Department of Agriculture may:

(1) Abate, suppress, eradicate and prevent, by such means as shall be prescribed and provided by law or by rule, order or regulation of the Department of Agriculture, the San Jose Scale, peach yellows, pear blight and all other contagious and infectious and injuriously dangerous diseases of fruit trees, plants, vegetables, cereals, horses, cattle, cultured aquatic stock and other farm animals;

(2) Devise and execute measures necessary for the development of the agricultural interests of the State;

(3) Make and adopt rules for the government of the Department of Agriculture, and may change, alter and modify the same from time to time, as the Department of Agriculture may wish, provided however, that no such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof;

(4) Employ and discharge such inspectors, officers, employees, agents and servants as in its opinion may be necessary to carry out the provisions of this title; provided, however, that the remuneration or wages to be paid to any such inspectors, officers, employees or agents in any year shall not, together with the other expenses of the Department of Agriculture, exceed the appropriation annually made to the Department of Agriculture by the General Assembly in and for that year;

(5) Make rules for the proper government of all inspectors, officers, employees, agents and servants who may be employed by the Department of Agriculture;

(6) Collect samples of foods, dairy and other feeds, and insecticides and have them analyzed by a laboratory designated by the Department of Agriculture, and cooperate with the United States Department of Agriculture and other federal agencies in enforcing the laws on these subjects as prescribed by the Congress of the United States;

(7) Compel all growers of fruit to stamp or mark the baskets, boxes, packages, crates, parcels or other receptacles used by them for the shipment of any fruit or fruits with the name or names of the growers, initial or initials, or with some distinguishing device or mark which may be readily and easily read and seen on the same, and the Department of Agriculture may adopt rules and regulations to carry this into effect;

(8) Exercise authority and make and adopt regulations covering the possession, control, care, and maintenance of, and take measures necessary to control disease in and ensure the welfare of, the following domesticated species: poultry and livestock, including but not limited to bovine, camilid, cervidae, equine, swine, ruminants, ratites, rabbits, poultry, and other animals harvested for food, fiber, fur or leather;

(9) Devise and execute measures necessary to mitigate disease occurrences in animal species, if such disease is able to affect poultry or livestock, or is capable of causing disease in humans. For rabies refer to Chapter 82 of this title.

(10) The Department of Agriculture may issue an administrative inspection warrant for the purpose of conducting an inspection of, and seizure 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, upon proper application for an administrative warrant by the Harness Racing Commission or the Thoroughbred Racing Commission. The issuance of an administrative inspection warrant by the Secretary of Agriculture shall be for the sole purpose of determining whether a violation has occurred pursuant to Chapter 100 or 101 of this title or the regulations promulgated thereunder.

a. An application for an administrative inspection warrant shall:

1. Specifically identify the premises and property to be inspected and shall be limited to the stabling area where racehorses are housed, specifically the stalls, aisleways, feed room, tack room, tack trunks, and other common areas in the shedrow specified in the application. An administrative warrant shall not provide the authority to permit the inspection of dwelling areas and out buildings where racehorses are not housed;

2. Specifically state the items or types of items to be seized if found;

3. Specifically state the full name and address of the Delaware Harness Racing Commission or Delaware Thoroughbred Racing Commission licensee who is believed to be in violation of Chapter 100 or 101 of this title or the regulations promulgated thereunder;

4. Issue only upon an affidavit by an employee of the Commission applying for the administrative inspection warrant who has knowledge of the facts alleged and sworn to before the Secretary of Agriculture. The warrant shall state the specific purpose of the inspection, the basis for issuing the warrant and the name, address and telephone number of each affiant supporting the issuance of the warrant;

5. Direct the Commission’s employee or designee thereof who is a police academy graduate to be accompanied by a Commission or State veterinarian and to inspect the premises and property so specified and to seize, if appropriate, the property specified in the warrant; and

6. Direct that the warrant shall only be served and executed during normal business hours and shall be returned as completed to the Secretary of Agriculture as soon as immediately practicable. Normal business hours shall mean between 6:00 a.m. and 6:00 p.m. Monday through Sunday.

b. Proper application for an administrative inspection warrant shall be based on a reasonable articulable suspicion that:

1. “Blood-doping”—the process where prohibited substances which abnormally enhance oxygenation of equine body tissue are being, or have been, carried within the body of a race horse—has occurred; or

2. A Class 1 or Class 2 drug is being, or has been, carried in the body of a race horse in violation of Chapter 100 or 101 of this title or the regulations promulgated thereunder.

Unauthorized possession of a hypodermic needle, syringe or injectable of any kind on the premises of a facility licensed pursuant to § 4805(b)(13) of Title 29 shall constitute reasonable articulable suspicion that blood-doping has occurred or a Class 1 or Class 2 drug is being, or has been, carried in the body of a race horse. Reasonable articulable suspicion exists where the totality of the circumstances if corroborated, indicates that the information provided is reliable. Reliability of the information is based on the specificity of the facts alleged and the degree to which the information is corroborated by other independent evidence or information.

c. Service of an administrative inspection warrant shall only be made upon a person who has reached the age of 18 at the time the warrant was served and who has authority to accept service of the warrant by virtue of such person’s relationship to the property as the owner of the premises, a family member of the owner of the premises, the lessor of the premises who is the subject of the administrative inspection warrant, the operator or manager of the premises, or any other person authorized by the owner or operator of the premises to accept service of an administrative inspection warrant.

d. The administrative inspection warrant shall be executed and returned to the Secretary of Agriculture within 5 days after being issued and must state the name and age of the person upon whom the warrant was served, the relation of the person to the property being inspected, the date and time the inspection occurred, the buildings inspected, and the specific property seized as a result of the inspection. A written inventory of any property seized as a result of the execution of the administrative inspection warrant shall accompany the return warrant and shall affirm that the inventory was made in the presence of the person executing the warrant and the person(s) from whom the property was seized.

e. No inspection authorized pursuant to this section shall be the basis for criminal prosecution.

f. An administrative inspection warrant shall not be required where a licensee who is the subject of an inspection consents to the inspection of the licensee’s property. Consent to the inspection of the property shall only be valid where the licensee who is the subject of the inspection has been advised that the licensee does not have to consent to an inspection without being presented with an administrative warrant issued by the Secretary of Agriculture.

g. In the absence of a finding that a violation under Chapter 100 or 101 of this title or the regulations promulgated thereunder has occurred, any property seized pursuant to the execution of the administrative inspection warrant shall be returned to the person from whom the property was seized within 30 days from the date of execution of the warrant.

(11) Adopt any policies and regulations necessary to permit the cultivation of industrial hemp when federal law permits the cultivation of industrial hemp beyond agricultural or academic research.
3 Del. C. § 2117 — Delaware Code / Title 3 / Chapter 21 / Section 2117
§ Â
        2117. Seizure, condemnation, and sale.
Status: in_force

Any lot of commercial fertilizer or soil conditioner not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the Secretary to a court of competent jurisdiction in the county in which said commercial fertilizer or soil conditioner is located. In the event 1 court finds the said commercial fertilizer or soil conditioner to be in violation of this chapter and orders the condemnation of said commercial fertilizer or soil conditioner, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer or soil conditioner and the laws of the State. Provided that in no instance shall the disposition of said commercial fertilizer or soil conditioner be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial fertilizer or soil conditioner or for permission to process or relabel said commercial fertilizer or soil conditioner to bring it into compliance with this chapter.
3 Del. C. § 2122 — Delaware Code / Title 3 / Chapter 21 / Section 2122
§ Â
        2122. Delegation of duties.
Status: in_force

All authority vested in the State Secretary of Agriculture by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Department of Agriculture as may be designated for said purpose.
3 Del. C. § 1078 — Delaware Code / Title 3 / Chapter 10 / Subchapter VI / Section 1078
§ Â
        1078. Hearings, notices.
Status: in_force

Any hearing required under this subchapter shall follow the Administrative Procedures Act, Chapter 101 of Title 29.
3 Del. C. § 7509 — Delaware Code / Title 3 / Chapter 75 / Section 7509
§ Â
        7509. Movement of bees, equipment or appliances from infected apiary.
Status: in_force

No person shall sell, barter or give away, accept, receive or transport any bees, equipment or appliances from an apiary known to be affected with a bee disease, mite infestation, exotic mite or Africanized honey bee, without the consent in writing of the State Apiarist, until colonies in the apiary have been inspected by the State Apiarist or the bee inspector and the disease, mite infestation, exotic mite or Africanized honey bee found, in the State Apiarist’s judgment, to be controlled or eradicated.
3 Del. C. § 2509 — Delaware Code / Title 3 / Chapter 25 / Section 2509
§ Â
        2509. Secretaryâs authority to investigate; proceedings on complaints.
Status: in_force

(a) Upon the verified written complaint of any producer or interested person or upon the Secretary’s own motion, the Secretary or assistant whom the Secretary may designate may investigate the books and records of any dealer in agricultural products pertaining to such complaint at any time during business hours and shall have free access to the place at which the business is operated.

(b) When a verified written complaint is filed with the Secretary, the Secretary or assistant whom the Secretary may designate may conduct a hearing thereon and shall furnish the holder of the license a copy of the complaint and a notice of the time and place of hearing, which notice shall be served personally or by registered mail directed to the license holder’s place of business or last known address with postage fully paid at least 20 days prior to the time fixed for the hearing. In the hearing of any complaint, the Secretary or assistant whom the Secretary may designate may sign and issue subpoenas, administer oaths, examine witnesses, take depositions, receive evidence and require by subpoena the attendance and testimony of witnesses and the production of records, documents and memoranda as may be material for the determination of the matter alleged in the complaint.

(c) The Secretary or assistant whom the Secretary may designate shall report findings and make an order upon the matters complained of and furnish a copy of same to the complainant and respondent and/or surety within 10 days of the conclusion of the hearing.

(d) The respondent and/or surety shall have 15 days in which to make effective and satisfy the Secretary’s order. If the respondent and/or surety does not comply with the Secretary’s order in 15 days, the Secretary shall bring an action at law to recover from the surety on said bond, or any other security provided by the dealer under § 2504 hereof, the amount necessary to satisfy such claims or such part thereof as shall equal the amount of the bond or security, which action may be instituted by the Secretary in an official capacity as such on behalf of said claimants, but without naming them as parties. The moneys obtained by action against the surety on the bond, or from the sale of any other security, shall be used for the satisfaction of such claims, and the Secretary shall make distribution thereof to the claimants in accordance with the amounts determined to be due thereon, and if less than the total amount of said claims shall be so obtained, distribution shall be made ratably to the creditors according to said amounts.

(e) If a creditor has reduced a claim to judgment, the judgment shall be presumptive of the amount due the creditor.

(f) Nothing in this chapter shall be construed to limit the remedies that are otherwise available to a person at law or equity.
3 Del. C. § 1021 — Delaware Code / Title 3 / Chapter 10 / Subchapter II / Section 1021
§ Â
        1021. Appointment; term; oath of office.
Status: in_force

(a) The Department of Agriculture may appoint suitable persons to serve under its direction either voluntarily or under compensation as state forest officers. Each officer so appointed shall be issued a certificate of appointment under the hand of the Secretary and shall be issued a badge as an insignia of authority. The appointee shall hold office until the appointee resigns or the appointment is revoked by the Secretary. Upon termination of appointment, service or authority, the appointee shall surrender and deliver to the Department the certificate, badge and other Department property in the appointee’s possession.

(b) Before entering upon the duties of the office, each state forest officer shall take and subscribe the oath or affirmation as prescribed by the Constitution of the State for public officers, and the oath, subscribed by the officer, shall be kept in the files of the Department of Agriculture. Each person appointed and sworn as aforesaid shall be officially known as a state forest officer.
3 Del. C. § 931 — Delaware Code / Title 3 / Chapter 9 / Subchapter V / Section 931
§ Â
        931. Purpose, policy and intent.
Status: in_force

It is the declared policy of the State to conserve, protect and encourage the proper utilization of the State’s forestland resources. The forestlands of the State are a renewable resource which provide economic, environmental and social benefits. There is a need to provide sufficient economic benefit to the owners of forestlands to voluntarily subject forestlands to protective restrictions through the sale of forestland preservation easements. The establishment of permanent forested areas throughout the State will serve the long term needs of the forest industry while providing invaluable wildlife and habitat protections and open space benefits to the citizens of the State.
3 Del. C. § 403 — Delaware Code / Title 3 / Chapter 4 / Section 403
§ Â
        403. Definitions.
Status: in_force

As used in this chapter:

(1) “Aquaculture” means the controlled propagation, growth, harvest and subsequent commerce in cultured aquatic stock by an aquaculturist.

(2) “Aquaculture facility” means any water system and associated infrastructures capable of holding and/or producing cultured aquatic stock.

(3) “Aquaculture registration” means the formal registration by application to the Department of Agriculture of an aquaculture facility by a person, partnership or corporation.

(4) “Aquaculturist” means an individual, partnership or corporation involved in the production of cultured aquatic stock or parts thereof.

(5) “Aquatic organism” means an animal or plant of any species or hybrid thereof, and includes gametes, seeds, egg, sperm, larvae, juvenile and adult stages, any one of which is required to be in water during that stage of its life.

(6) “Broodstock” means sexually mature aquatic organisms, either domesticated or wild, used to propagate cultured aquatic stock.

(7) “Closed system” means an aquaculture facility with water discharge(s) that does not connect in any way to the waters of the State prior to the discharged water being screened, filtered or percolated to prevent cultured aquatic stock from escaping.

(8) “Cultured aquatic stock” means aquatic organisms, lawfully acquired by an aquaculturist that are held and grown in a registered aquaculture facility.

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

(10) “Domesticated” means an animal or plant trained, adapted and/or bred to live in a human controlled environment.

(11) “Fee fishing” means removing cultured aquatic stock from a registered aquaculture facility in a sportsman-like manner for a payment of a fee.

(12) “Fee fishing operation” means a registered aquaculture facility where a person may fish for cultured aquatic stock.

(13) “Native species” means any species or hybrid thereof of any plant or animal which naturally occurs in the waters of the State.

(14) “Naturalized species” means any species or hybrid thereof of any plant or animal which has been introduced to the waters of this State and has become established by reproducing in the waters of this State.

(15) “Non-native species” means any species or hybrid thereof of any plant or animal which does not occur naturally in the waters of the State.

(16) “Open system” means an aquaculture facility with a water discharge(s) that connects to the waters of this State without being screened, filtered or percolated prior to discharge to prevent cultured aquatic stock from escaping.

(17) “Registered aquaculture facility” means an aquaculture facility which has a valid aquaculture registration issued by the Department of Agriculture.

(18) “Secretary” means the Secretary of the Department or his or her designee.

(19) “Waters of the State” means all the tidal waters under the jurisdiction of the State where the lunar tide regularly ebbs and flows and all nontidal waters under the jurisdiction of this State except for nontidal waters contained in aquacultural facilities registered with the Department of Agriculture.

(20) “Wild” means an animal or plant that is not trained, adapted and/or bred to live in a human controlled environment.
3 Del. C. § 1310 — Delaware Code / Title 3 / Chapter 13 / Section 1310
§ Â
        1310. Violations.
Status: in_force

(a) Any person that has in their possession plants, plant materials, or nursery stock that is uncertified, uninspected, or falsely or misleadingly labeled or advertised possesses an illegal regulated commodity.

(1) Plants, plant materials, or nursery stock that is an illegal regulated commodity is considered infested or infected with dangerously injurious plant pests and therefore deemed a public nuisance.

(2) Public nuisances are to be abated as prescribed in § 1304 of this title.

(b) If the Secretary determines that the provisions of this section have been violated, the Secretary shall order and direct that the nuisance be abated by the destruction of all of the plants in question, unless the aforementioned person in possession of an illegal regulated commodity does 1 or more of the following as directed by the Secretary:

(1) Submits to the nursery certification process.

(2) Provides proper phytosanitary preclearance, phytosanitary certification, or nursery certification.

(3) Agrees to have the plants, plant materials, or nursery stock returned to the consignor.

(4) Provides proper documentation, certification, or compliance to support advertising claims.

(c) The abatement of this public nuisance is to be at the expense of the aforementioned person and is to be without any form of compensation.

(d) Under this chapter, any person that wilfully or knowingly does any of the following is subject to the assessment of a civil penalty, the confiscation or destruction of any and all plants, plant materials, or nursery stock found on the premises or contained in the shipment in question, and the suspension or revocation of the person’s current nursery license or any future operation privileges granted under this chapter:

(1) Misrepresents or falsifies information on a nursery license application.

(2) Fails to obtain a nursery license.

(3) Fails to renew a nursery license, but continues business operations.

(4) Fails to display their nursery license.

(5) Falsely displays a nursery license.

(6) Misrepresents or falsifies their nursery license status.

(7) Misrepresents or falsifies information on a nursery inspection certificate.

(8) Fails to submit to a nursery inspection.

(9) Fails to provide the cooperation necessary to conduct a successful nursery inspection.

(10) Fails to satisfactorily pass the nursery inspection, but continues business operations.

(11) Possesses uncertified plants, plant materials, or nursery stock.

(12) Possesses an illegal regulated commodity.

(13) Defies a Department hold order.

(14) Violates a quarantine imposed by the Department.

(15) Fails to obtain nursery inspection certification.

(16) Fails to obtain phytosanitary certification.

(17) Fails to obtain phytosanitary preclearance.

(18) Creates or possesses a public nuisance.

(19) Misrepresents or falsifies information to obtain nursery inspection certification, phytosanitary certification, or phytosanitary preclearance.

(20) Defaces, mutilates, or destroys a nursery inspection certificate, phytosanitary certificate, or phytosanitary preclearance certificate, or other Department mark.

(21) Fails to notify the Department of an uncertified shipment of plant, plant materials, or nursery stock.

(22) Transports uncertified plants, plant materials, or nursery stock.

(23) Misrepresents or falsifies plant advertisement or label information.

(24) Fails to comply with the nursery license advertising requirements.

(25) Commits any violation of this chapter as determined by the Secretary or the Secretary’s designee.
3 Del. C. § 7503 — Delaware Code / Title 3 / Chapter 75 / Section 7503
§ Â
        7503. Inspection; quarantine; destruction of bees; appeal.
Status: in_force

For the enforcement of this chapter, the Department of Agriculture, the State Apiarist and the state bee inspectors may enter upon any public or private premises, and shall have access, ingress and egress to and from all apiaries or places where bees, bee equipment and appliances are kept, for the purpose of ascertaining whether any disease, exotic mite or Africanized honey bee exists therein. If any disease, exotic mite or Africanized honey bee exists in such apiaries, the State Apiarist or the bee inspector, subject to the approval of the Department of Agriculture, shall declare such apiaries to be each the center of a quarantine zone in the form of a circle 3 miles in radius, and shall prescribe suitable measures to be carried out for the eradication or control of the disease, exotic mite or Africanized honey bee. Whenever the owners of such apiaries fail or refuse to take such steps as may be prescribed by the State Apiarist or the bee inspector to control or eradicate any disease, exotic mite or Africanized honey bee from such apiaries, the State Apiarist may cause the affected bees, together with any infested or infected bee equipment or appliances, to be destroyed in such manner as may be deemed best, after first giving to the owner 5 days’ notice thereof in writing and an opportunity to be heard, and shall take such further steps as the State Apiarist may deem necessary to prevent the spread of the disease, exotic mite or Africanized honey bee. Any owner may, within 5 days of receipt of such notice, appeal from the decision of the State Apiarist to the Superior Court for the county in which such apiary, bee equipment or appliances are located, by filing therein a petition setting forth the facts and making the State Apiarist a party defendant. Appeals shall be heard and determined by the court as expeditiously as possible.
3 Del. C. § 3502 — Delaware Code / Title 3 / Chapter 35 / Section 3502
§ Â
        3502. Standards; grades; size-weight classes.
Status: in_force

The Department of Agriculture shall establish, and from time to time, may amend or revise standards, grades, and size-weight classes for eggs marketed in Delaware. In administering this section, the Department of Agriculture shall have due regard for the desirability of uniformity in the standards, grades and size-weight classes for eggs moving in intrastate and interstate commerce and may employ standards, grades or size-weight classes developed by the United States Department of Agriculture.
3 Del. C. § 9101 — Delaware Code / Title 3 / Chapter 91 / Section 9101
§ Â
        9101. Approval of compact; text.
Status: in_force

The Governor of Delaware may execute a compact on behalf of the State with any 1 or more of the States of Maryland, New Jersey, Ohio, Pennsylvania, Virginia and West Virginia, who may, by their legislative bodies, authorize a compact, in form substantially as follows:

Middle Atlantic Interstate Forest Fire Protection Compact

Article I.

The purpose of this compact is to promote effective prevention and control of forest fires in the Middle Atlantic region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member States, and by providing for mutual aid in fighting forest fires among the compacting States of the region and with States which are party to other regional forest fire protection compacts or agreements.

Article II

This compact shall become operative immediately as to those States ratifying it whenever any two or more of the States of Delaware, Maryland, New Jersey, Ohio, Pennsylvania, Virginia and West Virginia that are contiguous have ratified it and Congress has given consent thereto.

Article III

In each State the State forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that State and shall consult with like officials of the other member States and shall implement cooperation between such States in forest fire prevention and control. The compact administrators of the member States shall organize to coordinate the services of the member States and provide administrative integration in carrying out the purposes of this compact. The compact administrators shall formulate and, in accordance with need, from time to time revise a regional forest fire plan for the member States. It shall be the duty of each member State to formulate and put in effect a forest fire plan for that State and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.

Article IV

Whenever the State forest fire control agency of a member State requests aid from the State forest fire control agency of any other member State in combating, controlling or preventing forest fires, it shall be the duty of the State forest fire control agency of that State to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.

Article V

Whenever the forces of any member State are rendering outside aid pursuant to the request of another member State under this compact, the employees of such State shall, under the direction of the officers of the State to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the State to which they are rendering aid. No member State or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting State or under the laws of the aiding State or under the laws of a third State on account of or in connection with a request for aid shall be assumed and borne by the requesting State. Any member State rendering outside aid pursuant to this compact shall be reimbursed by the member State receiving such aid for any loss or damage to or expense incurred in the operation of any equipment answering a request for aid and for the cost of all materials, transportation, wages, salaries and maintenance of employees and equipment incurred in connection with such request: Provided, That nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost, or from loaning such equipment, or from donating such services to the receiving member state without charge or cost. Each member State shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State. For the purposes of this compact, the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding State under the laws thereof. The compact administrators shall formulate procedure for claims and reimbursement under the provisions of this article in accordance with the laws of the member States.

Article VI

Nothing in this compact shall be construed to authorize or permit any member State to curtail or diminish its forest fire fighting forces, equipment, services or facilities, and it shall be the duty and responsibility of each member state to maintain adequate forest fire fighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative. Nothing in this compact shall be construed to limit or restrict the powers of any State ratifying the same to provide for the prevention, control and extinguishment of forest fires or to prohibit the enactment or enforcement of State laws, rules or regulations intended to aid in such prevention, control and extinguishment in such State. Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between the United States Forest Service and a member State or States.

Article VII

The compact administrators may request the United States Forest Service to act as the primary research and coordinating agency of the Middle Atlantic Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each State, and the United States Forest Service may accept the initial responsibility in preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of the United States Forest Service may attend meetings of the compact administrators.

Article VIII

The provisions of Articles IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any State party to this compact and any other State which is party to a regional forest fire protection compact in another region: Provided, That the Legislature of such other State shall have given its assent to such mutual aid provisions of this compact.

Article IX

This compact shall continue in force and remain binding on each State ratifying it until the legislature or the Governor of such State takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the State desiring to withdraw to the chief executives of all States then parties to the compact.
3 Del. C. § 10103 — Delaware Code / Title 3 / Chapter 101 / Subchapter I / Section 10103
§ Â
        10103. Powers, duties and jurisdiction.
Status: in_force

(a) The Commission shall have the powers and duties specified in this chapter, as well as the powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter.

(b) The jurisdiction, supervision, powers and duties of the Commission shall extend under this chapter to any and all person or persons, associations or corporations who or which shall hold or conduct any meeting within this State at which horse racing is permitted for any stake, purse or reward.

(c) The Commission shall possess all necessary powers and duties to regulate the conduct of all participants in any thoroughbred and/or Arabian racing meet authorized by the Commission within this State including, but not limited to, owners, trainers, assistant trainers, authorized agents, jockeys, jockey’s agents, stable agents, stable employees, stewards, racing officials, licensee’s employees or any employee of a person or concern contracting with the licensee to provide a service or commodity and which employment requires the employee’s presence on licensee’s grounds during a racing meet, or veterinarian, farrier, dental technician or supplier of food, tack, medication or horse feed. For this purpose, the Commission may promulgate and prescribe such rules and regulations as it may deem proper and necessary.
3 Del. C. § 7602 — Delaware Code / Title 3 / Chapter 76 / Section 7602
§ Â
        7602. Definitions.
Status: in_force

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

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

(2) “Secretary” means the Secretary of the State Department of Agriculture or the Secretary’s designee.

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

(4) “Livestock” means any cattle, sheep, swine, goats, horses, mules, other equines, poultry or cultured aquatic stock.

(5) “Livestock dealer” means every recognized dealer engaged in the business of buying, selling or transporting livestock or operating a livestock auction or a livestock sales facility.
3 Del. C. § 10024 — Delaware Code / Title 3 / Chapter 100 / Subchapter II / Section 10024
§ Â
        10024. Application fee and license fee.
Status: in_force

(a) Any person upon applying to the Commission for a license to conduct a harness horse racing meet during any calendar year shall at the time of making the application pay to the Secretary of Finance a fee of $2,000.

(b) Any person who is granted a license by the Commission to conduct a harness horse racing meet during any calendar year shall at the time the license is granted pay to the Secretary of Finance an additional fee of $1,000.