reglab/housing_qa huggingface dataset:
3 DE Code § 2405. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 24. Noxious Weed Control|§ 2405. Prosecution of violations.

§ 2405. Prosecution of violations. Failure to comply with the provisions of this chapter may result in the assessment of a civil penalty. No civil penalty shall be imposed until an administrative hearing is held before the Secretary or the Secretary's designee after due notice has been given to the landowner or person who possesses or has use of the land in accordance with § 10122 of Title 29. Provided, however, a landowner or person who possesses or has the use of that land may enter into a written agreement with the Department of Agriculture specifying terms and conditions of a program for the control and eradication of designated noxious weeds, and so long as all the terms and conditions are being complied with, there is no violation of this chapter as to the land covered by the agreement. 3 Del. C. 1953, §  2405;  57 Del. Laws, c. 701;  63 Del. Laws, c. 360, §  8;  70 Del. Laws, c. 285, §  1;
3 DE Code § 2406. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 24. Noxious Weed Control|§ 2406. Hearing procedure and appeals.

§ 2406. Hearing procedure and appeals. All hearings which are held to enforce the provisions of this chapter shall be conducted by the Secretary or the Secretary's designee. The landowner or person who possesses or has use of the land shall have the right to appear personally, and to be represented by counsel, and to provide evidence and witnesses in the landowner's or person's own behalf. The Department shall preserve a full record of the proceeding. A transcript of the record may be purchased by any person interested in such hearing on payment to the Department the cost of preparing such transcript. The Department shall issue a decision in writing to the landowner or person who possesses or has use of the land within 30 days of the conclusion of the hearing. Any individual who feels aggrieved by an action of the Department as a result of an action resulting from a hearing held under this chapter may take an appeal, within 30 days of such action, to the Superior Court, and after 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. 70 Del. Laws, c. 285, §  2;
3 DE Code § 2407. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 24. Noxious Weed Control|§ 2407. Penalties.

§ 2407. Penalties. (a) Any person who interferes with the Department of Agriculture in the enforcement of this chapter as determined in an administrative hearing, shall be assessed a civil penalty of no less than $50 nor more than $500 on each count. (b) Any person who refuses to comply with the provisions of this chapter shall be assessed a civil penalty of a minimum of $100 or $25 per acre of land upon which noxious weeds have set seed, whichever is greater. (c) The proceeds of any fines or penalties imposed under this chapter shall be deposited into an appropriated special fund account in the Department of Agriculture. These funds shall be used to support the noxious weed eradication programs of the Department of Agriculture. 70 Del. Laws, c. 285, §  3;
3 DE Code § 2408. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 24. Noxious Weed Control|§ 2408. Cutting and spraying of noxious weeds by the Department of Transportation.

§ 2408. Cutting and spraying of noxious weeds by the Department of Transportation. The Department of Transportation shall cut down, or cause to be cut down, noxious weeds growing in the rights-of-way over which it has charge or supervision, as often in each year as shall be sufficient to prevent them from going to seed. When particular problem areas have been identified, they shall be sprayed to eradicate the weed. 64 Del. Laws, c. 285, §  1;  70 Del. Laws, c. 285, §  3;
3 DE Code § 2501. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 25. Dealers in Agricultural Products|§ 2501. Definitions.

§ 2501. Definitions. 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. 1953, §  2501;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  58 Del. Laws, c. 557, §  1;  65 Del. Laws, c. 116, §  1;
3 DE Code § 2502. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 25. Dealers in Agricultural Products|§ 2502. License required of dealer.

§ 2502. License required of dealer. 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. 1953, §  2502;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  65 Del. Laws, c. 116, §  1;
3 DE Code § 2503. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 25. Dealers in Agricultural Products|§ 2503. Dealers licensed annually.

§ 2503. Dealers licensed annually. Every dealer in agricultural products proposing to transact business with producers and/or auction markets in this State shall file a written application for a license or for the renewal of a license with the Department. The application shall be on a form furnished by the Department and shall contain the following information along with such other information as the Department shall require: (1) The name and address of the applicant and that of its local agents, if any, and the location of its principal place of business; (2) the kinds of agricultural products the applicant proposes to handle; (3) the type of produce business proposed to be conducted. All licenses shall expire on March 31 of each year. 3 Del. C. 1953, §  2503;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  58 Del. Laws, c. 557, §  2;  65 Del. Laws, c. 116, §  1;  73 Del. Laws, c. 120, §  1;
3 DE Code § 2504. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 25. Dealers in Agricultural Products|§ 2504. License fee; bond required; exceptions to bond requirement.

§ 2504. License fee; bond required; exceptions to bond requirement. All applications shall be accompanied by a license fee of $25 and a good and sufficient bond in the minimum sum of $25,000. In any event, the bond shall be equal to or greater than the maximum amount of gross business done in this State the previous calendar year, but in no event shall the amount of bond required exceed $50,000. After a hearing on any complaint against a licensee, a maximum bond of $100,000 may be required at the discretion of the Secretary. In lieu of the bond, applicants may deposit with the Secretary, United States government securities, irrevocable letters of credit, or appropriate certificate of deposit, satisfactory to the Secretary, to which every producer and/or auction market with whom the licensee does business has recourse on a claim filed in writing with the Department of Agriculture. In lieu of bond Delaware brokers may submit evidence satisfactory to the Secretary that they have net assets in the State with value equal to or exceeding the bonding requirements of this section. 3 Del. C. 1953, §  2504;  56 Del. Laws, c. 456, §  1;  65 Del. Laws, c. 116, §  1;
3 DE Code § 2505. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 25. Dealers in Agricultural Products|§ 2505. Execution of bond; bond form; action upon bond.

§ 2505. Execution of bond; bond form; action upon bond. The bond referred to in this chapter shall be executed by the applicant and by a surety company authorized and qualified to do business in this State as surety in favor of the Secretary in his official capacity for the benefit of all producers with whom the applicant shall transact business, for the period that the license is in force. Such bond shall be upon a form prescribed or approved by the Department and shall be conditioned to secure the faithful accounting for payment to producers, agents or representatives, of all agricultural products purchased, handled or sold by the dealer. Any producer claiming to be injured by the nonpayment, fraud, deceit or negligence of any dealer may bring action therefor upon the bond against the principal or the surety, or both, by the filing of a verified complaint. Such verified complaint shall be upon a form prescribed or approved by the Secretary. 3 Del. C. 1953, §  2505;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  58 Del. Laws, c. 557, §  3;  65 Del. Laws, c. 116, §  1;
3 DE Code § 2506. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 25. Dealers in Agricultural Products|§ 2506. Renewal of license.

§ 2506. Renewal of license. Upon proof of payment of the renewal premium continuing the bond required by this chapter in full force and effect, or proof that the applicant meets 1 of the exceptions to the bond requirement set forth in § 2504 hereof, and upon the payment of a fee of $25 on or before the expiration date of any license issued under this chapter, the applicant shall be entitled to a renewal of license for another year. 3 Del. C. 1953, §  2506;  56 Del. Laws, c. 456, §  1;  65 Del. Laws, c. 116, §  1;
3 DE Code § 2507. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 25. Dealers in Agricultural Products|§ 2507. Fees collected.

§ 2507. Fees collected. All sums received by the Department for license fees and renewals shall be paid into the State Treasury to the credit of the General Fund. 3 Del. C. 1953, §  2507;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  65 Del. Laws, c. 116, §  1;
3 DE Code § 2508. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 25. Dealers in Agricultural Products|§ 2508. Dealer to keep records.

§ 2508. Dealer to keep records. Every dealer who has received any agricultural product from a producer shall make and keep a correct record and retain the same for 2 years, showing in detail the following with reference to the handling or sale of such agricultural products, along with such other information as the Department by regulation may require:  (1) The name and address of the producer; (2) The date received; (3) The condition, grade (if officially graded) and quantity on receipt; (4) The date of resale or transfer of the products to another; (5) The price at which purchased and sold.3 Del. C. 1953, §  2508;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  65 Del. Laws, c. 116, §  1;
3 DE Code § 2510. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 25. Dealers in Agricultural Products|§ 2510. Refusal or revocation of license; hearing.

§ 2510. Refusal or revocation of license; hearing. (a) The Department may refuse to grant a license or may revoke any license already granted, as the case may be, when it is satisfied of the existence of any of the following causes:  (1) The dealer has suffered a money judgment to be entered against the dealer upon which execution has been returned unsatisfied; (2) The dealer has failed promptly and properly to account and to pay for agricultural products; (3) The dealer has made a false or misleading statement as to market conditions or the service rendered, if any, with the intent to defraud; (4) The dealer has perpetrated a fraud or engaged in deceit in procuring the license; (5) The dealer has engaged in any fraudulent or deceitful practices in dealings with producers. (b) Before any license is refused or revoked, the Department or its authorized agents shall give the applicant or licensee at least 20 days' notice of the time and place of hearing on refusal or revocation of a license. At the time and place of hearing, the Department or its authorized agents shall receive evidence, administer oaths, examine witnesses and hear testimony and shall file an order either dismissing the proceeding or refusing or revoking the license. 3 Del. C. 1953, §  2510;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  58 Del. Laws, c. 557, §  5;  65 Del. Laws, c. 116, §  1;  70 Del. Laws, c. 186, §  1;
3 DE Code § 2511. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 25. Dealers in Agricultural Products|§ 2511. Penalty.

§ 2511. Penalty. (a) The Secretary shall have the power to issue an order to any person violating any provision of this chapter to cease and desist from such violation; provided, that any cease and desist order issued pursuant to this section shall expire (1) after 90 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is suspended by an injunction, whichever should first occur. (b) Whoever violates this chapter, or an order of the Secretary, shall be punishable as follows:  (1) For the 1st offense, be fined not less than $500 nor more than $1,000, or be confined in jail for a period not exceeding 6 months, or both; (2) Upon conviction of a 2nd offense shall be fined not less than $2,000 nor more than $5,000, or be confined in jail for a period not exceeding 1 year, or both, in the discretion of the court.3 Del. C. 1953, §  2511;  56 Del. Laws, c. 456, §  1;  65 Del. Laws, c. 116, §  1;  70 Del. Laws, c. 282, §  1;
3 DE Code § 2601. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 26. Commercial Forest Plantations|§ 2601. Commercial forest plantation.

§ 2601. Commercial forest plantation. (a) A commercial forest plantation within the meaning and purpose of this chapter is a contiguous area of land of not less than 10 acres upon which the owner proposes to develop and maintain a forest either through planting or natural reproduction or both, to produce timber, pulpwood, poles, sawtimber or other wood products. Such land shall at the time of listing as a commercial forest plantation actually carry sufficient forest growth of suitable character and so distributed as to give reasonable assurance that a stand of merchantable timber will develop therefrom, as determined by the State Forester. The intent and purpose of this section is to exclude from classification as a commercial forest plantation land planted as a nursery, as an orchard, or for ornamental purposes. (b) Any landowner who establishes a commercial forest plantation, as defined in this chapter, and otherwise complies with this chapter shall be entitled to a 30-year exemption from county property taxes on such plantation. 72 Del. Laws, c. 235, §  3;
3 DE Code § 2602. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 26. Commercial Forest Plantations|§ 2602. Application for exemption; requirements; examination.

§ 2602. Application for exemption; requirements; examination. 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. 72 Del. Laws, c. 235, §  3;  70 Del. Laws, c. 186, §  1;
3 DE Code § 2603. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 26. Commercial Forest Plantations|§ 2603. Removal of exempt commercial forest plantation from county assessment books.

§ 2603. Removal of exempt commercial forest plantation from county assessment books. If the Department determines from the report of the State Forester that the owner has complied with the purpose of this chapter, namely, to develop and maintain upon the owner's land a commercial forest, the Department shall recommend to the assessment board in the county wherein the lands are situated that the enrolled forested lands be removed from the list of assessable property for the period of 30 years, and thereupon the enrolled forested property shall be removed from the list of assessable property for the exemption period, except as provided in this chapter. An owner that maintains a commercial forest plantation in compliance with this chapter for 30 years may reapply for county tax exemption on the plantation in accordance with § 2603 of this title. This will constitute a new 30-year period of tax exemption on the plantation. 72 Del. Laws, c. 235, §  3;  70 Del. Laws, c. 186, §  1;
3 DE Code § 2604. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 26. Commercial Forest Plantations|§ 2604. Voluntary withdrawal of land from exempt status; requirements.

§ 2604. Voluntary withdrawal of land from exempt status; requirements. Any owner of land listed as commercial forest plantation desiring to withdraw said land from operation of this chapter shall make written application to the Department of Agriculture for such withdrawal. Such application shall be granted only upon evidence that the owner has paid to the county treasurer the amount of tax due on said land as determined by the county board of assessment. The board of assessment shall determine the average value per year of the lands, notwithstanding Chapter 83 of Title 9, during the current period of exemption from taxation and, further, shall determine the amount of tax due on the lands calculated according to the several yearly tax rates at the average valuation. Upon presentation to the Department of Agriculture of the application as provided in this section, the Department of Agriculture shall at once notify the county board of assessment of such action and thereupon the property described in the application shall be removed from classification and thereafter taxed as other property. 72 Del. Laws, c. 235, §  3;
3 DE Code § 2605. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 26. Commercial Forest Plantations|§ 2605. Restrictions on use of timber.

§ 2605. Restrictions on use of timber. The owner of any land listed under this chapter may fell and use any dead or injured timber and also cut and remove any live trees when such have been marked for removal with the approval and under the supervision of the Department of Agriculture. 72 Del. Laws, c. 235, §  3;
3 DE Code § 2606. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 26. Commercial Forest Plantations|§ 2606. Inspections.

§ 2606. Inspections. The State Forester shall make periodic inspections of classified forest plantations and shall report the findings in writing to the Department of Agriculture. If the State Forester finds that the owner of listed lands has violated this chapter or has neglected or refused to take proper precautions against damage by fire or grazing, or otherwise, the State Forester shall recommend to the Department the removal of said property from classification as commercial forest plantation land. 72 Del. Laws, c. 235, §  3;  70 Del. Laws, c. 186, §  1;
3 DE Code § 2701. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 27. Nuisance Plants|§ 2701. Purpose.

§ 2701. Purpose. The General Assembly finds and declares that nuisance plants within the State threaten significant recreational, aesthetic, wildlife and environmental benefits that citizens of the State have come to enjoy. The General Assembly further finds that the introduction and spread of nuisance plants has engendered border disputes between neighboring landowners. As a consequence, the purpose of this chapter is to give the Delaware Department of Agriculture the authority to regulate the sale, transfer and effects of nuisance plants within the State and thus to preserve the significant benefits previously described and to attempt to minimize or eliminate border disputes. 74 Del. Laws, c. 364, §  1;
3 DE Code § 2702. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 27. Nuisance Plants|§ 2702. Definitions.

§ 2702. Definitions. As used in this chapter:  (1) “Complainant” means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons, who possesses or has use of the land onto which the nuisance plant spreads or will spread unless controlled. (2) “Control” means to maintain a nuisance plant within the property boundaries of a landowner who has planted it or allowed it to remain. (3) “Cultivate” means to knowingly plant, propagate, transplant, or encourage to grow. (4) “Landowner” means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons who owns or has the right to possess and use land on which a nuisance plant is growing. (5) “Nuisance Plant List” means the official list of nuisance plants designated as such by the Secretary of the Delaware Department of Agriculture with the advice of the Nuisance Plant Committee. The Secretary may make the alterations to the Nuisance Plant List after providing 60 days written notice of the proposed alterations to the Nuisance Plant Committee. The Secretary may make alterations to the Nuisance Plant List immediately if the Nuisance Plant Committee meets before the 60-day period elapses and approves the alterations by a majority vote. (6) “Person” means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons, and every officer, agent, or employee thereof. (7) “Secretary” means the Secretary of the Delaware Department of Agriculture.74 Del. Laws, c. 364, §  1;