reglab/housing_qa huggingface dataset:
3 DE Code § 711. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 7. Agricultural Commodities Development Act|§ 711. Legal counsel.

§ 711. Legal counsel. The Advisory Board may appoint an attorney who shall act for the Board and the Secretary when required. The Board shall fix the compensation and terms of employment of such attorney. 62 Del. Laws, c. 176, §  1;
3 DE Code § 712. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 7. Agricultural Commodities Development Act|§ 712. Records of Advisory Board.

§ 712. Records of Advisory Board. 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. 62 Del. Laws, c. 176, §  1;
3 DE Code § 713. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 7. Agricultural Commodities Development Act|§ 713. Refund of fees.

§ 713. Refund of fees. Any producer, by the use of forms to be provided by the Secretary and upon presentation of such proof as the Secretary and Advisory Board may require by rule or regulation, may have the fee paid pursuant to this chapter refunded to him or her. Such request for refund must be received in the office of the Secretary or the Advisory Board within 60 days following the payment of such fee, but in no event shall these requests for refund be accepted more often than 12 times per year and must be made at least once each year. Refund shall be made by the Secretary or Advisory Board within 30 days of the request for refund provided that the fee sought to be refunded has been received. Rules and regulations governing the refund of fees for the commodity involved shall be formulated by the Board together with the Secretary and shall be fully outlined at the hearing, or hearings, and be available for the information of all persons concerned with the referendum. 62 Del. Laws, c. 176, §  1;  70 Del. Laws, c. 186, §  1;
3 DE Code § 714. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 7. Agricultural Commodities Development Act|§ 714. Termination of order.

§ 714. Termination of order. (a) The Advisory Board shall suspend or terminate a development order whenever it finds, after a public hearing or hearings, that an order is contrary to or does not tend to effectuate the purposes or provisions of this chapter, provided that such suspension or termination shall not become effective until the expiration of the current marketing year. The current marketing year described under this chapter shall be determined by the Board together with the Secretary. (b) Upon petition of the same number of producers as required to initiate the development order, the Secretary with the advice and consent of the Advisory Board shall within 60 days conduct a referendum to determine whether or not the development order shall be continued. The Secretary shall terminate the order at the end of the current marketing year if a majority of the persons voting in the referendum vote in favor of termination. Such petitions of producers shall include a certification statement that the signatures are those of qualified producers of the commodity involved. 62 Del. Laws, c. 176, §  1;  70 Del. Laws, c. 186, §  1;
3 DE Code § 715. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 7. Agricultural Commodities Development Act|§ 715. Expenditure of funds upon termination of order.

§ 715. Expenditure of funds upon termination of order. Any funds remaining with the Advisory Board after the termination of a development order shall be expended to meet existing legal obligations of the Board. Any surplus remaining shall be expended for research purposes or other lawful purposes under this chapter at the discretion of the Board. 62 Del. Laws, c. 176, §  1;
3 DE Code § 716. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 7. Agricultural Commodities Development Act|§ 716. Association not illegal.

§ 716. Association not illegal. No activity, including meetings, undertaken in pursuance of the sections of this chapter that are intended to benefit the procedures, handlers and processors of such agricultural commodity shall be deemed or considered illegal or in restraint of trade. 62 Del. Laws, c. 176, §  1;
3 DE Code § 717. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 7. Agricultural Commodities Development Act|§ 717. Penalty.

§ 717. Penalty. Any person who violates any provision of this chapter or rule or regulation of an Agricultural Commodity Advisory Board promulgated pursuant to the sections of this chapter is guilty of a class C misdemeanor. Justices of the peace shall have jurisdiction over all offenses under this chapter. 62 Del. Laws, c. 176, §  1;
3 DE Code § 1102. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 11. Plant Pests|§ 1102. Regulations and fees.

§ 1102. Regulations and fees. (a) The Department of Agriculture may adopt reasonable regulations to implement and carry out the purposes of this chapter to eradicate, repress and prevent the spread of plant pests (i) within the State, (ii) from within the State to points outside the State, and (iii) from outside the State to points within the State. The Department of Agriculture shall adopt regulations for eradicating such plant pests as it may deem capable of being economically eradicated, for repressing such as cannot be economically eradicated, and for preventing their spread within the State. Reasonable regulations for preventing the introduction of dangerously injurious plant pests from outside the State may also be adopted. (b) The Secretary of the Delaware Department of Agriculture may set a fee up to the amount of $200 for each U.S. Department of Agriculture phytosanitary certificate. 72 Del. Laws, c. 375, §  2;
3 DE Code § 1104. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 11. Plant Pests|§ 1104. Warning and information to farmers and other persons.

§ 1104. Warning and information to farmers and other persons. (a) The Department, upon confirmation of an actionable infestation or infection of any dangerously injurious plant pest(s), shall warn the farmers and other persons residing in the county of the nature of the aforementioned plant pest and the localities where it exists. (b) The Department shall also furnish to farmers and persons of the county information and knowledge of the measures to be instituted to control the plant pest. 21 Del. Laws, c. 216, §  8;  Code 1915, §  657;  Code 1935, §  575;  3 Del. C. 1953, §  1103;  57 Del. Laws, c. 764, §  4;  66 Del. Laws, c. 153, §  4;  70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
3 DE Code § 1105. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 11. Plant Pests|§ 1105. Failure to pay expenses of treating diseased plants and pests; penalty.

§ 1105. Failure to pay expenses of treating diseased plants and pests; penalty. (a) The Department shall, within 90 days, provide notice of all expenses incurred while controlling a dangerous injurious plant pest infestation or infection to the person(s), owner(s) or tenant(s) associated with the aforementioned infected or infested plants. (b) The Department shall, within 90 days, provide notice of all expenses incurred while controlling the spread of a dangerously injurious plant pest infestation or infection to plants found in dangerous proximity to the person(s), owner(s) or the tenant(s) associated with the aforementioned plants. (c) If the aforementioned person(s), owner(s) or tenant(s) fail, neglect or refuse, after 30 days, to pay all the control expenses incurred by the Department or to establish a payment schedule approved by the Secretary, a civil penalty of not less than double the amount of the Department expenses incurred to control the dangerously injurious plant pest infestation or infection shall be imposed upon them. (d) The aforementioned person(s), owner(s) or tenant(s) shall also be liable for the imposition of a civil penalty as prescribed in this chapter. 70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
3 DE Code § 1106. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 11. Plant Pests|§ 1106. Establishment of quarantine restrictions.

§ 1106. Establishment of quarantine restrictions. (a) The Department may establish quarantine restrictions in areas infested or infected with dangerously injurious plant pests and areas adjacent thereto, and adopt, issue and enforce rules and regulations relative to such quarantine. (b) Under such quarantine restrictions, the Department shall prevent the movement, shipment or transportation of agricultural, forest, horticultural or any other material capable of carrying the plant pest under restriction, in any state of its development. (c) The Department shall, under such quarantine restrictions, detain for official inspection any person, car, vessel, truck, wagon or other conveyance suspected or known to carry any material in violation of any quarantine restriction or of any rules or regulations established by the authority of this chapter. (d) Any person(s) who violates a quarantine duly imposed by the Department performs an illegal act and shall be liable for the imposition of a civil penalty as prescribed in this chapter. 35 Del. Laws, c. 25, §  2;  36 Del. Laws, c. 90, §  2;  Code 1935, §  631;  3 Del. C. 1953, §  1106;  57 Del. Laws, c. 764, §  4;  66 Del. Laws, c. 153, §  6;  70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
3 DE Code § 1107. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 11. Plant Pests|§ 1107. Shipment of plant pests and biological control agents.

§ 1107. Shipment of plant pests and biological control agents. (a) No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment any plant pest or biological control agent without a U.S. Department of Agriculture — Animal and Plant Health Inspection Service — Plant Protection and Quarantine — Application and Permit to Move Live Plant Pests and Noxious Weeds, PPQ Form 526, supplements thereto, or any publication revising or superseding the aforementioned, or its State equivalent. Permits may be issued only after the Department determines that the proposed shipment or use will not create a hazard to the agricultural, forest or horticultural interests of this State or the State's general environmental quality. The permit shall be affixed conspicuously and on the exterior of each shipping container, box, package, etc. or accompany each shipping container, box, package, etc. as the Department directs. (b) The Department shall regulate and control the sale and use of biological control agents, as defined in this chapter, to assure their safety and effectiveness in the control of injurious plant pests and to prevent the introduction or use of biological control agents which may be injurious to persons, property, useful plant or animal life, nontarget species, agriculture, forest lands, horticultural interests or the State's general environmental quality. (c) Any person(s) who ships plant pests or biological control agents without the knowledge of the Department performs an illegal act and shall be liable for the imposition of a civil penalty as prescribed in this chapter. 70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
3 DE Code § 1108. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 11. Plant Pests|§ 1108. Violations and hearing procedures.

§ 1108. Violations and hearing procedures. (a) Failure to comply with this chapter shall result in the assessment of a civil penalty. (b) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or the Secretary's designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29. The Secretary or the Secretary's designee shall mail a written decision to the alleged violator within 30 days after the conclusion of the administrative hearing. Failure to comply with the 30-day period shall have no effect on the Secretary's decision. (c) The person(s) charged with a violation of this chapter will be notified in writing of the date and time of the aforementioned administrative hearing. The aforementioned person(s) shall have the right to appear in person, to be represented by counsel and to provide witnesses in his or her own behalf. (d) The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter. (e) The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested person. 70 Del. Laws, c. 325, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 375, §  1;  77 Del. Laws, c. 356, §  1;
3 DE Code § 1109. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 11. Plant Pests|§ 1109. Appeal.

§ 1109. Appeal. 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 a full hearing, the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds therefor, shall be served upon the Secretary of the Department of Agriculture. 70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
3 DE Code § 1110. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 11. Plant Pests|§ 1110. Civil penalties.

§ 1110. Civil penalties. (a) Any person who interferes with the Department in the enforcement of this chapter, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count. (b) Any person who is not a Department employee or its authorized representative who removes markings placed by the Department for the purpose of identification of plants infested or infected by dangerous injurious plant pests is interfering with the Department's enforcement of this chapter, as determined in an administrative hearing, and shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count. (c) Any person who wilfully or knowingly violates a quarantine duly imposed by the Department, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count. (d) Any person(s) who willfully or knowingly ships plant pests or biological control agents without the knowledge of the Department, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count. (e) Any person(s) who refuses to comply with this chapter shall be assessed a civil penalty of no less than $100 nor more than $1,000 for each infested or infected unit of plants or plant material. (f) The payment of penalties assessed under this chapter may be made on a payment schedule approved by the Secretary. 70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
3 DE Code § 1302. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1302. Nursery industry licensing requirements.

§ 1302. Nursery industry licensing requirements. (a) Any person(s), grower(s), agent(s), broker(s), dealer(s), mail-order merchant(s), commission merchant(s), consignor(s), landscaper(s), florist(s), greenhouse operator(s), chain store operator(s), garden center operator(s), roadside market operator(s), producer(s) or owner(s) engaged directly with the distribution of plants, plant products, plant material, nursery stock or horticultural products, is required to inform the Department of the existence of their operation and to obtain a nursery industry license prior to initiating business operations. (b) The aforementioned person(s) are required to obtain a nursery industry license for each of their businesses or sale/retail locations where multiple businesses or sales/retail locations exist. (c) The aforementioned person or persons are required to renew their nursery industry license each year that they remain in operation. Nursery industry licenses issued by the Department shall be valid for a period of 1 year, beginning January 1 and ending December 31 of the same year. (d) A nursery industry license application must be filed with the Department on forms provided by the Department. The application for license shall include, as applicable, the following:  (1) Name and address of the owner(s) of the business to be licensed. (2) Name and address of the business to be licensed. (3) Location of all plant, plant material or nursery stock fields or storage areas. (4) The number of acres in plant or nursery stock production or the square footage of the sales area devoted to plants, plant material or nursery stock. (5) A list of the names, addresses, and plants, plant material, etc. received from all suppliers, producers, growers, etc. providing plants or nursery stock to the business. Upon request of the Department an updated list and/or invoices must be provided for the current year. (e) Licenses issued by the Department shall be prominently displayed at the business location. 21 Del. Laws, c. 216, §  9;  Code 1915, §  658;  Code 1935, §  576;  3 Del. C. 1953, §  1301;  57 Del. Laws, c. 764, §  5;  65 Del. Laws, c. 491, §  1;  68 Del. Laws, c. 329, §§  3-5;  70 Del. Laws, c. 332, §  1;  77 Del. Laws, c. 358, §§  1, 2;
3 DE Code § 1303. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1303. Inspection of nurseries and businesses, nursery stock certification.

§ 1303. Inspection of nurseries and businesses, nursery stock certification. (a) After receiving the nursery industry license application, the Department or its representatives shall examine or inspect all plants, plant material, or nursery stock located or grown on the business location or any other applicable location. Nurseries must maintain adequate weed control so a thorough inspection of the nursery stock can be made. (b) The Department shall conduct the aforementioned inspection or examination yearly or as directed by the Secretary, at such time as it deems best, with or without notice. The Department reserves the right to conduct unannounced inspections as frequently as it deems necessary to insure compliance with all sections of this chapter. (c) Upon the successful completion of an inspection, the Department shall issue a nursery stock certificate of inspection to any business licensed under § 1302 of this title. The nursery stock certificate shall state:  The nursery (or business premises) from which this shipment was made has been visually inspected and found to be in compliance with National Plant Board standards of pest freedom. (d) The nursery stock certificate of inspection issued by the Department shall be valid for a period of 1 year, beginning January 1 and ending December 31 of the same year. 70 Del. Laws, c. 332, §  1;  77 Del. Laws, c. 358, §§  3, 4;
3 DE Code § 1304. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1304. Plant pest infestations.

§ 1304. Plant pest infestations. (a) Any person(s) who has in their possession plants, plant materials or nursery stock infested or infected with dangerously injurious plant pests possesses a public nuisance. (b) Upon discovery or notification of such nuisance the Department shall place a hold order on the aforementioned material. While under such a hold order it is an illegal action to sell, ship, transport, give away, destroy, or otherwise move, alter or tamper with the aforementioned plants. (c) If the Secretary determines that the provisions of this chapter have been violated, he or she shall order and direct that the nuisance be abated by whatever means necessary (including, but not limited to, destruction, confiscation, treatment or return shipment). The abatement of this public nuisance shall be at the expense of all of the aforementioned person(s) and shall be without any form of compensation. 70 Del. Laws, c. 332, §  1;
3 DE Code § 1305. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1305. Shipping, labeling and certification requirements.

§ 1305. Shipping, labeling and certification requirements. (a) No person(s) shall sell, ship or give away, by private carrier, commercial carrier or any other means, any plants, plant materials or nursery stock from any nursery, business, or premises within the State, without an accompanying nursery stock certificate as prescribed in § 1303 of this title. The aforementioned information shall be plainly printed upon a tag, label, etc. that is not easily destroyed, which shall be firmly affixed on the exterior and in a conspicuous position upon each carload, box, container, package, etc. It is the responsibility of both the consignee and consignor to contact the Department to obtain a current nursery stock certificate and to examine all shipments for the presence of all certification requirements. (b) Any person(s) or consignor who ships or moves plants, plant material or nursery stock out of state or internationally by private carrier, commercial shipper, or any other means, is required to contact the Department to obtain the phytosanitary certifications required by the consignee's location. When the Department finds the aforementioned shipment in compliance with the consignee's location phytosanitary requirements, it will issue the required phytosanitary certificate to the consignor. The consignor shall conspicuously affix a copy of the phytosanitary certificate to the exterior of each carload, box, container, package, etc. It is the responsibility of both the consignee and consignor to contact the Department to obtain the necessary phytosanitary certificates and to examine all shipments for the presence of all required certifications. (c) When applicable, all shipping containers must be conspicuously and appropriately marked on the exterior as to whether contents must be held for agricultural inspection or whether the contents have been pre-cleared by the Department, under the terms of a pre-clearance or interstate origin of inspection program (phytosanitary pre-clearance). It is the responsibility of both the consignee and consignor to obtain all required pre-clearances and to examine all shipments for the presence of all required certifications. 21 Del. Laws, c. 216, §  10;  Code 1915, §  659;  Code 1935, §  577;  3 Del. C. 1953, §  1302;  65 Del. Laws, c. 491, §  1;  68 Del. Laws, c. 329, §§  6, 7;  70 Del. Laws, c. 332, §  1;
3 DE Code § 1306. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 13. Nurseries and Nursery Stock|§ 1306. Shipment of nursery stock into state; labeling and certification.

§ 1306. Shipment of nursery stock into state; labeling and certification. When any plants, plant materials or nursery stock are shipped, sent or mailed into this State, to any person in this State, every carload, container, box, package, etc., shall be conspicuously labeled on the exterior with the name of the consignor, the state of origin and the name of the consignee. The aforementioned shipment shall have conspicuously affixed to its exterior, a nursery stock certificate from the state of origin showing that the contents have been examined by a qualified state or federal officer and found apparently free from all dangerously injurious plant pests. It is the responsibility of both the consignee and consignor to examine all shipments for the presence of current and applicable nursery stock certifications. 21 Del. Laws, c. 216, §  13;  Code 1915, §  662;  Code 1935, §  580;  3 Del. C. 1953, §  1305;  65 Del. Laws, c. 491, §  1;  70 Del. Laws, c. 332, §  1;