reglab/housing_qa huggingface dataset:
3 DE Code § 1307. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department.

§ 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department. Any person(s) who 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 a carload, box, container, package, etc., of plants, plant materials or nursery stock, that does not have a nursery stock certificate or proper phytosanitary certificates attached as provided for in § 1303 or § 1305 of this title, and fails to immediately notify the Department shall be subject to §§ 1310 through 1313 of this title. 21 Del. Laws, c. 216, §  15;  Code 1915, §  664;  Code 1935, §  582;  3 Del. C. 1953, §  1307;  57 Del. Laws, c. 764, §  5;  65 Del. Laws, c. 491, §  1;  70 Del. Laws, c. 332, §  1;
3 DE Code § 1308. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1308. Labeling and advertising of nursery stock.

§ 1308. Labeling and advertising of nursery stock. (a) Plants, plant materials or nursery stock shall not be labeled or advertised with false or misleading information. This includes, but is not limited to, common name, scientific name, variety, place of origin and growth habit. (b) A person(s) may not offer for sale, sell, give away, or in any way distribute plants, plant materials or nursery stock, represented by some specific or special form of notation, including, but not limited to: “free from”, “grown free of”, unless such plants are produced under a specific program accepted by the Department to address the specific plant properties addressed in the special notation claim. (c) Before any person(s) advertises plants, plant materials or nursery stock for sale, a copy of their nursery business license must be provided to the publisher or producer of the advertisement. The nursery business license number must be included in the advertisement and if appropriate, be legible or audible. This requirement shall extend to all forms of advertising media, including but not limited to, radio, television, outdoor sign boards, telephone business directories (i.e., Yellow Pages), newspaper and magazine advertisements or vehicular identification/advertisement. 21 Del. Laws, c. 216, §  10;  Code 1915, §  659;  Code 1935, §  577;  3 Del. C. 1953, §  1302;  65 Del. Laws, c. 491, §  1;  70 Del. Laws, c. 332, §  1;
3 DE Code § 1309. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1309. Reciprocal agreements.

§ 1309. Reciprocal agreements. The Department shall have the authority to make reciprocal agreements with the responsible officials of other states. Nursery stock or plants from any other state may be sold or delivered in Delaware under the same conditions required for sale, delivery, or distribution of Delaware nursery stock or plant materials. An official directory of certified nurseries and related nursery industry businesses will be accepted from other states in lieu of individual nursery licenses/certificates. 65 Del. Laws, c. 491, §  1;  68 Del. Laws, c. 329, §  11;  70 Del. Laws, c. 332, §  1;
3 DE Code § 1311. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1311. Hearing procedures.

§ 1311. Hearing procedures. (a) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture and the Secretary's designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29. The Secretary or the Secretary's designee shall mail a written decision to the alleged violator within 30 days of the conclusion of the administrative hearing. (b) The person(s) charged with a violation of this chapter will be notified in writing of the date and time of the aforementioned administrative hearing. The aforementioned person(s) shall have the right to appear in person, to be represented by counsel, and to provide witnesses in his or her own behalf. (c) The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter. (d) The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested person. 70 Del. Laws, c. 332, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 358, §  5;
3 DE Code § 1312. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1312. Appeals.

§ 1312. Appeals. A person who feels aggrieved by the Department as a result of the administrative hearing held under the authority of this chapter may take appeal, within 30 days, to the Superior Court. After full hearing, the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds, therefore, shall be served upon the Secretary of the Department of Agriculture. 65 Del. Laws, c. 491, §  1;  66 Del. Laws, c. 152, §  1;  70 Del. Laws, c. 332, §  1;
3 DE Code § 1313. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1313. Civil penalties.

§ 1313. Civil penalties. (a) The civil penalty for violation of any section of this chapter not already stated will be 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/or suspension or revocation of the current nursery industry license or any future operation privileges granted under this chapter. (b) Any person who violates any section of this chapter or interferes with the Department or its representatives in the enforcement of this chapter, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1000 on each count. 70 Del. Laws, c. 332, §  1;
3 DE Code § 1401. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 14. Agriculture and Forestal Nuisances|§ 1401. Agricultural and forestal operations not considered nuisances; exception.

§ 1401. Agricultural and forestal operations not considered nuisances; exception. 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. 62 Del. Laws, c. 347, §  1;  77 Del. Laws, c. 376, §  1;
3 DE Code § 1505. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 15. Seeds|§ 1505. Records.

§ 1505. Records. Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this chapter shall keep for a period of 2 years complete records of each lot handled; and keep for 1 year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the Department or its agent during customary business hours. 3 Del. C. 1953, §  1504;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;
3 DE Code § 1506. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 15. Seeds|§ 1506. Exemptions.

§ 1506. Exemptions. (a) The provisions of §§ 1502, 1503 and 1504 of this title do not apply:  (1) To seed or grain not intended for sowing purposes; (2) To seed in storage in, or being transported, or consigned to a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of the seed bears the statement “seed for processing,” and provided that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this chapter; (3) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that the carrier is not engaged in producing, processing or marketing seeds subject to this chapter; (4) To seed sold by 1 farmer to another if the seed has neither been advertised for sale nor delivered through a carrier; (5) To grain sold by farmers for cover crop purposes and not delivered through a common carrier. (b) No person shall be subject to the penalties of this chapter for having sold or offered for sale seeds subject to this chapter which were incorrectly labeled or represented as to kind, species (and subspecies, if appropriate), variety, type or origin, elevation and year of collection (if required) which seeds cannot be identified by examination, unless he has failed to obtain an invoice, genuine grower's or tree seed collector's declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated. (c) The provisions of §§ 1503 and 1505 of this title do not apply to tree seed produced by the consumer. 36 Del. Laws, c. 91, §  7;  Code 1935, §  661;  44 Del. Laws, c. 66, §§  1, 5;  3 Del. C. 1953, §  1504;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;
3 DE Code § 1508. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 15. Seeds|§ 1508. Seizure.

§ 1508. Seizure. Any lot of seed not in compliance with this chapter shall be subject to seizure on complaint of the Department to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to be in violation of this chapter and orders the condemnation of the seed, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of in compliance with the laws of this State; provided, that in no instance shall the court order such disposition of the seed without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to process or relabel it into compliance with this chapter. 36 Del. Laws, c. 91, §  9;  Code 1935, §  663;  44 Del. Laws, c. 66, §§  1, 8;  3 Del. C. 1953, §  1507;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;
3 DE Code § 1509. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 15. Seeds|§ 1509. Injunction without bond.

§ 1509. Injunction without bond. No bond shall be required of the Department for the issuance of any injunction to restrain any violation of this chapter or any rule or regulation promulgated hereunder. 3 Del. C. 1953, §  1508;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;
3 DE Code § 1510. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 15. Seeds|§ 1510. Violations and prosecutions.

§ 1510. Violations and prosecutions. (a) Every violation of this chapter shall be punishable by a fine not exceeding $100 for the first offense and not exceeding $250 for each subsequent similar offense. (b) When the Department shall find that any person has violated this chapter, it or its duly authorized agent or agents may institute proceedings against such person in a court of competent jurisdiction in the locality in which the violation occurred; or the Department may offer evidence of such violation to the Attorney General with a view of prosecution; provided, however, that no prosecution under this chapter shall be instituted without the accused violator first having been given an opportunity to appear before the Department or its duly authorized agent to introduce evidence either in person or by agent or attorney at a private hearing. If, after the hearing, or without such hearing, the accused violator, or his agent or attorney fails or refuses to appear, the Department is of the opinion that the evidence warrants prosecution, it shall proceed as provided in this section. (c) The Attorney General shall institute proceedings at once against any person charged with a violation of this chapter, if, in his judgment, the information submitted warrants such action. (d) After judgment by the court in any case arising under this chapter the Department shall publish any information pertinent to the issuance of the judgment by the court in such media as it may designate from time to time. 36 Del. Laws, c. 91, §  8;  Code 1935, §  662;  44 Del. Laws, c. 66, §§  1, 9;  3 Del. C. 1953, §  1508;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;
3 DE Code § 1511. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 15. Seeds|§ 1511. Enforcing agency.

§ 1511. Enforcing agency. (a) This chapter shall be administered by the Department of Agriculture of this State, referred to as the “Department.” (b) Jurisdiction in all matters pertaining to seed under this chapter is vested exclusively in the Department, and all acts and parts of acts inconsistent with this chapter are hereby expressly repealed. 3 Del. C. 1953, §  1510;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;  81 Del. Laws, c. 36, § 1;
3 DE Code § 1512. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 15. Seeds|§ 1512. Delegation of duties.

§ 1512. Delegation of duties. All authority vested in the Department of Agriculture by virtue of this chapter may with like force and effect be executed by the employees of the Department of Agriculture as may be designated for the purpose. 3 Del. C. 1953, §  1511;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;
3 DE Code § 1701. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 17. Commercial Feeds|§ 1701. Title.

§ 1701. Title. This chapter shall be known as the “Delaware Commercial Feed Law of 2021.” 3 Del. C. 1953, §  1701;  56 Del. Laws, c. 69;  83 Del. Laws, c. 98, § 1;
3 DE Code § 1702. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 17. Commercial Feeds|§ 1702. Enforcing agency.

§ 1702. Enforcing agency. This chapter shall be administered by the Department of Agriculture of this State, hereinafter referred to as the “Department.” 3 Del. C. 1953, §  1702;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  83 Del. Laws, c. 98, § 1;
3 DE Code § 1704. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 17. Commercial Feeds|§ 1704. Registration.

§ 1704. Registration. (a) Each commercial feed, such as animal food, pet food, specialty pet food, supplements, or medicated feed shall be registered before being distributed in this State; provided, however, that customer-formula feeds are exempt from registration. The application for registration shall be submitted on forms furnished by the Department, and shall also be accompanied by a label or other printed matter describing the product. Upon approval by the Department, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the information required by § 1705(a)(2), (3), (4), and (5) of this title. The Department may permit on the registration the alternative listing of ingredients of comparable feeding value, provided that the label for each package shall state the specific ingredients which are in such package. (b) A distributor shall not be required to register any commercial feed product which is already registered under this chapter by another person, provided that the label does not differ in any respect. (c) Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted provided there is satisfactory evidence that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed. (d) The Department may refuse registration of any application not in compliance with this chapter and may cancel any registration subsequently found not to be in compliance with any provision of this chapter; provided, however, that no registration shall be refused or cancelled until the registrant shall have been given the opportunity to be heard before the Department and to amend his or her application in order to comply with the requirements of this chapter. 3 Del. C. 1953, §  1704;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 98, § 1;
3 DE Code § 1706. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 17. Commercial Feeds|§ 1706. Registration fees.

§ 1706. Registration fees. (a) For each commercial feed distributed in this State an annual registration fee must be paid to the Department as follows:  (1) For all commercial feed other than pet food, the registration fee is $23 per each product of each brand; provided, however, that the customer-formula feeds are exempt if the registration fee is paid on the commercial feeds which they contain. (2) Following the effective date of this statute, for each pet food the registration fee is $50 per each product of each brand in year 1, $75 for each product of each brand in year 2, and $100 per each product of each brand in each subsequent year; provided, however that for a pet food manufactured by a nonprofit the registration fee is $23 for each product of each brand. (b) All registration fees collected under paragraph (a)(1) of this section are to be transferred to the State Treasurer and paid into the General Fund of the State. (c) The total of the registration fees collected under paragraph (a)(2) of this section is to be distributed as follows:  (1) $25 from each fee to the General Fund. (2) The cost of developing and maintaining the technology to implement the requirements of this subsection to the Department of Agriculture.  (3) The remaining balance to the Spay/Neuter Fund created by Chapter 30F of Title 16.  a. The Office of Animal Welfare must prepare an annual report on the use of the fees under this paragraph for the Spay/Neuter Fund.  b. This annual report must be provided to the Secretary of Agriculture, the Secretary of Health and Social Services, the Chair of the Senate Agriculture Committee, the Chair of the Senate Health and Social Services Committee, the Chair of the House of Representatives Agriculture Committee, and the Chair of the House of Representatives Health and Human Development Committee.3 Del. C. 1953, §  1706;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  67 Del. Laws, c. 260, §  1;  83 Del. Laws, c. 98, § 1;  83 Del. Laws, c. 177, § 1;
3 DE Code § 1707. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 17. Commercial Feeds|§ 1707. Adulteration.

§ 1707. Adulteration. No person shall distribute an adulterated feed. A commercial feed or customer-formula feed shall be deemed to be adulterated:  (1) If any poisonous, deleterious or nonnutritive ingredient has been added in sufficient amount to render it injurious to health when fed in accordance with directions for use on the label; (2) If any valuable constituent has been, in whole or in part, omitted or abstracted therefrom or any less valuable substance substituted therefor; (3) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; (4) If it contains added hulls, screenings, straw, cobs or other high fiber material unless the name of each such material is stated on the label; (5) If it contains viable weed seeds in amounts exceeding the limits which the Department shall establish by rule or regulation; (6) If it contains any added poisonous, deleterious, non-nutritive substance, food or color additive, or new animal drug which is unsafe within the meaning of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 301 et seq.]; (7) If it consists in whole or part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed; (8) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.3 Del. C. 1953, §  1707;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  83 Del. Laws, c. 98, § 1;
3 DE Code § 1708. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 17. Commercial Feeds|§ 1708. Misbranding.

§ 1708. Misbranding. No person shall distribute misbranded feed. A commercial feed or customer-formula feed shall be deemed to be misbranded:  (1) If its labeling is false or misleading in any particular; (2) If it is distributed under the name of another feed; (3) If it is not labeled as required in § 1705 of this title and in regulations prescribed under this chapter; (4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by regulation of the Department; in the adopting of such regulations the Department shall give due regard to commonly accepted definitions such as those issued by the Association of American Feed Control Officials; (5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under the customary conditions of purchase and use.3 Del. C. 1953, §  1708;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  83 Del. Laws, c. 98, § 1;