reglab/housing_qa huggingface dataset:
6 DE Code § 5113. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5113. Disposition of correct and incorrect apparatus.

§ 5113. Disposition of correct and incorrect apparatus. The Secretary of Agriculture shall approve for use and seal or mark with appropriate devices such weights and measures found upon inspection and test to be “correct” as defined in § 5107 of this title, and shall reject and mark or tag as “rejected” such weights and measures found, upon inspection or test, to be “incorrect” as defined in § 5107 of this title, but which in the Secretary of Agriculture's best judgment are susceptible of satisfactory repair; provided that, such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a regulation of the Secretary of Agriculture issued under the authority of § 5107 of this title. The Secretary of Agriculture shall condemn, and may seize and may destroy, weights and measures found to be incorrect that, in the Secretary of Agriculture's best judgment, are not susceptible of satisfactory repair. Weights and measures that have been rejected may be confiscated and may be destroyed by the Secretary of Agriculture if not corrected as required by § 5116 of this title, or if used or disposed of contrary to the requirements of § 5116 of this title. 6 Del. C. 1953, §  5115;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;
6 DE Code § 5114. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5114. Police powers; right of entry and stoppage.

§ 5114. Police powers; right of entry and stoppage. With respect to the enforcement of this chapter and any other chapters dealing with weights and measures that the Secretary of Agriculture is, or may be, empowered to enforce, the Secretary of Agriculture is hereby vested with police powers, and shall have police powers similar to those of constables and other police officers and may arrest any violator of the said chapters, and seize for use as evidence, incorrect or unsealed weights and measures or amounts or packages of commodity, found to be used, retained, offered or exposed for sale, or sold in violation of law. In the performance of official duties, the Secretary of Agriculture may enter and go into or upon, any structure or premises, and stop any person whatsoever and require that person to proceed, with or without any vehicle of which he or she may be in charge, to some place which the Secretary of Agriculture may specify. 6 Del. C. 1953, §  5116;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 266, §  11;
6 DE Code § 5115. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5115. Powers and duties of inspectors.

§ 5115. Powers and duties of inspectors. The powers and duties given to and imposed upon the Secretary of Agriculture by §§ 5108, 5109, 5110, 5111, 5112, 5113, 5114 and 5137 of this title are given to and imposed upon the inspectors also, when acting under the instructions and at the direction of the Secretary of Agriculture. 6 Del. C. 1953, §  5117;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;
6 DE Code § 5116. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5116. Duty of owners of incorrect apparatus.

§ 5116. Duty of owners of incorrect apparatus. Weights and measures that have been rejected under the authority of the Secretary of Agriculture shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section. The owners of such rejected weights and measures shall cause the same to be made correct within 30 days or such longer period as may be authorized by the rejecting authority; or, in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the rejecting authority. Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined and found to be correct or until specific written permission for such use is issued by the rejecting authority or until the rejection tag has been removed and the rejected device repaired and placed in service by a person duly registered to perform such acts under a regulation issued by the Secretary for the registration of weights and measures, servicemen and service agencies. 6 Del. C. 1953, §  5118;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  58 Del. Laws, c. 281, §  7;  70 Del. Laws, c. 186, §  1;
6 DE Code § 5117. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5117. Method of sale of commodities.

§ 5117. Method of sale of commodities. Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count; provided, that liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold; and provided further, that the provisions of this section shall not apply:  (1) To commodities when sold for immediate consumption on the premises where sold, (2) To vegetables when sold by the head or bunch, (3) To commodities in containers standardized by a law of this State or by federal law, (4) To commodities in package form when there exists a general consumer usage to express the quantity in some other manner, (5) To concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure, or (6) To unprocessed vegetable and animal fertilizer when sold by cubic measure. The Secretary of Agriculture, subject to the approval of the Department of Agriculture, may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest. 6 Del. C. 1953, §  5119;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §§  31C, 31F;
6 DE Code § 5118. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5118. Packages; declarations of quantity and origin; variations; exemptions.

§ 5118. Packages; declarations of quantity and origin; variations; exemptions. Except as otherwise provided in this chapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside of the package a definite, plain, and conspicuous declaration of (1) the identity of the commodity in the package unless the same can easily be identified through the wrapper or container, (2) the net quantity of the contents in terms of weight, measure, or count, and (3) in the case of any package kept, offered, or exposed for sale, or sold any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor as may be prescribed by regulation issued by the Secretary; provided, that in connection with the declaration required under clause (2), neither the qualifying term “when packed” or any words of similar import, nor any term qualifying a unit of weight, measure, or count (for example, “jumbo,” “giant,” “full,” and the like) that tends to exaggerate the amount of commodity in a package, shall be used; and provided further, that under clause (2) the Secretary of Agriculture shall, by regulation, establish (a) reasonable variations to be allowed, which may include variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure, (b) exemptions as to small packages, and (c) exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer. 6 Del. C. 1953, §  5120;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  58 Del. Laws, c. 281, §§  8, 9;
6 DE Code § 5119. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5119. Declarations of unit price on random packages.

§ 5119. Declarations of unit price on random packages. In addition to the declarations required by § 5118 of this title, any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count. 6 Del. C. 1953, §  5121;  53 Del. Laws, c. 187, §  3;
6 DE Code § 5120. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5120. Uniform packaging and labeling.

§ 5120. Uniform packaging and labeling. The standards and requirements for Uniform Packaging and Labeling will be those contained in Handbook 130 of the National Institute of Standards and Technology and supplements thereto, or in any publication revising or superseding Handbook 130, except insofar as specifically modified, amended or rejected by a regulation issued by the Secretary. 6 Del. C. 1953, §  5122;  53 Del. Laws, c. 187, §  3;  58 Del. Laws, c. 281, §  10;  70 Del. Laws, c. 370, §  8;
6 DE Code § 5121. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5121. Advertising packages for sale.

§ 5121. Advertising packages for sale. Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as is required by law or regulation to appear on the package; provided, that, where the law or regulation requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure (the declaration that is required to appear first and without parentheses on the package) need appear in the advertisement; and provided further, that there shall not be included as part of the declaration required under this section such qualifying terms as “when packed,” “minimum,” “not less than,” or any other terms of similar import, nor any term qualifying a unit of weight, measure, or count (for example, “jumbo,” “giant,” “full,” and the like) that tends to exaggerate the amount of commodity in the package. 6 Del. C. 1953, §  5123;  53 Del. Laws, c. 187, §  3;  58 Del. Laws, c. 281, §  11;
6 DE Code § 5122. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5122. Sale by net weight.

§ 5122. Sale by net weight. The word “weight” as used in this chapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed. 6 Del. C. 1953, §  5124;  53 Del. Laws, c. 187, §  3;
6 DE Code § 5123. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5123. Misrepresentation of price.

§ 5123. Misrepresentation of price. Whenever any commodity or service is sold or is offered, exposed or advertised for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted or labeled price per unit of weight, measure or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as and at least 1/2 the height and width of the numerals representing the whole cents. The procedures used for price verification shall be those recommended by the National Institute of Standards and Technology in the Examination Procedure for Price Verification in Handbook 130 and supplements thereto, or in any publication superseding these publications. 6 Del. C. 1953, §  5125;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  9;
6 DE Code § 5124. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5124. Meat, poultry and seafood.

§ 5124. Meat, poultry and seafood. Meat, poultry and seafood shall be sold by weight, except that whole shellfish in the shell and ready to eat food may be sold by weight, measure and/or count. 6 Del. C. 1953, §  5126;  53 Del. Laws, c. 187, §  3;  58 Del. Laws, c. 281, §  12;  66 Del. Laws, c. 164, §  1;  70 Del. Laws, c. 370, §  10;
6 DE Code § 5125. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5125. Clams, mussels, oysters, and other mollusks.

§ 5125. Clams, mussels, oysters, and other mollusks. Whole clams, oysters, mussels or other mollusks in the shell, whether fresh or frozen, shall be sold by weight including the weight of the shell, but not including the liquid of ice packed with them, dry measure and/or count. In addition, size designations may be provided. Fresh oysters removed from the shell shall be sold by weight or by fluid volume. For oysters sold by weight or by volume, a maximum of 15 percent free liquid by weight is permitted. 6 Del. c. 1953,, §  5128;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  11;
6 DE Code § 5126. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5126. Non-food products.

§ 5126. Non-food products. The specifications and requirements for non-food products shall be those specified by the National Institute of Standards and Technology, Handbook 130 and supplements thereto, or in any publication revising or superseding Handbook 130, except insofar as specifically modified, amended or rejected by a regulation issued by the Secretary of Agriculture. 70 Del. Laws, c. 370, §  13;
6 DE Code § 5127. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5127. Bulk deliveries of commodities sold in terms of weight.

§ 5127. Bulk deliveries of commodities sold in terms of weight. Whenever a vehicle delivers to an individual purchaser a commodity in bulk and the commodity is sold in terms of weight units, the delivery shall be accompanied by duplicate delivery tickets on which, in ink or other indelible substance, there shall be clearly stated:  (1) The name and address of the vendor; (2) The name and address of the purchaser, and (3) The net weight of the delivery and the gross and tare weights from which the net weight is computed, each expressed in pounds. One of these tickets shall be retained by the vendor and the other shall be delivered to the purchaser at the time of delivery of the commodity or shall be left at a safe place at the place of delivery or shall be surrendered, on demand, to the Secretary of Agriculture, or an inspector, who, if the inspector desires to retain it as evidence, shall issue a weight slip in lieu thereof for delivery to the purchaser; provided, that if the purchaser carries away the purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered. 6 Del. C. 1953, §  5131;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §§  31C, 31G;  58 Del. Laws, c. 281, §  15;  70 Del. Laws, c. 370, §  12;
6 DE Code § 5129. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5129. Berries and small fruits.

§ 5129. Berries and small fruits. Berries and small fruits shall be offered and exposed for sale and sold by weight or by measure in open containers having capacities of 1/2 dry pint, 1 dry pint or 1 dry quart; provided, that the marking provisions of § 5118 of this title shall not apply to such containers. 6 Del. C. 1953, §  5134;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  12;
6 DE Code § 5130. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5130. Construction of contracts.

§ 5130. Construction of contracts. Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in §§ 5101 and 5102 of this title, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement. 6 Del. C. 1953, §  5135;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  12;
6 DE Code § 5132. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5132. Hindering or obstructing officer; penalties.

§ 5132. Hindering or obstructing officer; penalties. Any person who shall hinder or obstruct in any way the Secretary of Agriculture, or any 1 of the inspectors, in the performance of official duties, shall, upon conviction thereof, be punished by a fine of not less than $100 or more than $500, or by imprisonment for not more than 3 months, or by both such fine and imprisonment. 6 Del. C. 1953, §  5137;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 370, §§  12, 15;
6 DE Code § 5133. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5133. Impersonation of officer; penalties.

§ 5133. Impersonation of officer; penalties. Any person who shall impersonate in any way the Secretary of Agriculture or any one of the inspectors by the use of the Secretary's seal or a counterfeit of the Secretary's seal, or in any other manner, upon conviction thereof, shall be punished by a fine of not less than $100 or more than $500, or by imprisonment for not more than 6 months, or by both such fine and imprisonment. 6 Del. C. 1953, §  5138;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 370, §  12;
6 DE Code § 5134. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5134. Offenses and penalties.

§ 5134. Offenses and penalties. (a) No person shall:  (1) Use or have in possession for the purpose of using for any commercial purpose specified in § 5109 of this title, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure; (2) Use, or have in possession for the purpose of current use for any commercial purpose specified in § 5109 of this title, a weight or measure that does not bear a seal or mark such as is specified in § 5113 of this title, unless such weight or measure has been exempted from testing by the provisions of § 5109 of this title, or by a regulation of the Secretary of Agriculture issued under the authority of § 5107 of this title unless the device has been placed in service as provided by a regulation of the Secretary issued under the authority of § 5107 of this title; (3) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation; (4) Remove from any weight or measure, contrary to law or regulation, any tag, seal or mark placed thereon by the appropriate authority; (5) Sell, or offer or expose for sale, less than the quantity the person represents of any commodity, thing or service; (6) Take more than the quantity the person represents of any commodity, thing or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined; (7) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any commodity, thing or service in a condition or manner contrary to law or regulation; (8) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer; (9) Violate any provision of this chapter or of the regulations promulgated under this chapter for which a specific penalty has not been prescribed. (b) Any person who, by himself or herself or by his or her employee or agent or as the employee or agent of another person, performs any one of the acts enumerated in paragraphs (a)(1) through (9) of this section, upon a first conviction thereof, shall be punished by a fine of not less than $50 nor more than $500 and upon any subsequent conviction thereof occurring within 2 years from the first conviction, shall be punished by a fine of not less than $250 nor more than $1000. 6 Del. C. 1953, §  5139;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  58 Del. Laws, c. 281, §§  19, 20;  69 Del. Laws, c. 102, §§  1, 2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 370, §§  12, 16;
6 DE Code § 5135. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5135. Injunction.

§ 5135. Injunction. The Secretary of Agriculture may apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating this chapter. 6 Del. C. 1953, §  5140;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 370, §  12;
6 DE Code § 5136. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5136. Presumptive evidence.

§ 5136. Presumptive evidence. For the purposes of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle. 6 Del. C. 1953, §  5141;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  12;
6 DE Code § 5137. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5137. Validity of prosecutions.

§ 5137. Validity of prosecutions. Prosecutions for violation of this chapter shall be valid and proper notwithstanding the existence of any other valid general or specific chapter of the Delaware Laws dealing with matters that may be the same as or similar to those covered by this chapter. 6 Del. C. 1953, §  5142;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  12;
6 DE Code § 5138. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 51. Standard Weights and Measures|§ 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas.

§ 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas. Justices of the peace and the Court of Common Pleas shall have concurrent jurisdiction over violations of this chapter. 6 Del. C. 1953, §  5143;  53 Del. Laws, c. 187, §  3;  58 Del. Laws, c. 281, §  21;  70 Del. Laws, c. 370, §  12;