reglab/housing_qa huggingface dataset:
3 DE Code § 2107. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2107. Inspection; sampling; analysis.

§ 2107. Inspection; sampling; analysis. (a) It shall be the duty of the Secretary to sample, inspect, and test commercial fertilizers or soil conditioners distributed within this State at any time and place and to such an extent as he may deem necessary to determine whether such commercial fertilizers or soil conditioners are in compliance with the provisions of this chapter. The Secretary, individually or through the Secretary's agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers or soil conditioners subject to the provisions of this chapter and the rules and regulations pertaining thereto, and to the records relating to their distribution; provided, however, that the action of the Secretary or his or her agent hereunder shall be with the consent of the person having control over the property in which such fertilizer or soil conditioner is kept, and if without such consent, then the Secretary or his or her agent is to obtain a valid search warrant therefor, specifying the premises to be searched and the purpose of the search, and setting forth probable cause. (b) The methods of analysis and sampling shall be those adopted by the Association of Official Analytical Chemists International. In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the Secretary may adopt such appropriate methods from other sources. (c) The Secretary, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the “official sample” as defined in § 2103 of this title, and obtained and analyzed as provided for in subsection (b) of this section. (d) The results of official analysis of commercial fertilizers or soil conditioners and portions of official samples shall be distributed by the Secretary as provided in the regulations. 3 Del. C. 1953, §  2107;  58 Del. Laws, c. 157;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2108. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2108. Plant food deficiency.

§ 2108. Plant food deficiency. (a) If analysis shows that a commercial fertilizer is deficient in 1 or more of its guaranteed primary plant foods (NPK) beyond the “investigational allowances” as established by published regulation, or if the overall index value of the fertilizer is below the level established by regulation, a penalty of 2.3 times the commercial value (as defined in § 2109 of this title) of such deficiency(s) shall be assessed. When a fertilizer is subject to a penalty under both, the larger penalty payment shall apply. (b) Deficiencies beyond the investigational allowances as established by regulation as provided in subsection (a) of this section in any other constituent(s) covered under § 2103(8)b., c., and d. of this title, which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed therefor by the Secretary by published regulation. (c) All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within 3 months after the date of notice from the Secretary to the registrant, receipts taken therefor and promptly forwarded to the Secretary. If said consumers cannot be found, the amount of the penalty shall be paid to the Department which shall deposit same in the General Fund. (d) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly subject to official action. 3 Del. C. 1953, §  2108;  58 Del. Laws, c. 157;  67 Del. Laws, c. 260, §  1;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2109. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2109. Commercial value.

§ 2109. Commercial value. For the purpose of determining the commercial values to be applied under the provisions of § 2108 of this title, the Secretary shall determine and publish annually the values per unit of nitrogen, available phosphate, and soluble potash in commercial fertilizers in this State. The values so determined and published shall be used in determining and assessing penalties. 3 Del. C. 1953, §  2109;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2110. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2110. Misbranding.

§ 2110. Misbranding. No person shall distribute misbranded fertilizer or soil conditioner. A commercial fertilizer or soil conditioner 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 fertilizer product or soil conditioner; (3) If it is not labeled as required in § 2105 of this title and in accordance with regulations prescribed under this chapter; (4) If it purports to be or is represented as a commercial fertilizer or soil conditioner or is represented as containing a plant nutrient or commercial fertilizer or soil conditioner, unless such plant nutrient or commercial fertilizer or soil conditioner conforms to the definition of identity, if any, prescribed by regulation of the Secretary; in the adopting of such regulations the Secretary shall give due regard to commonly accepted definitions and official fertilizer or soil conditioner terms such as those issued by the Association of American Plant Food Control Officials.3 Del. C. 1953, §  2110;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2111. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2111. Adulteration.

§ 2111. Adulteration. No person shall distribute an adulterated fertilizer product or soil conditioner. A commercial fertilizer or soil conditioner shall be deemed to be adulterated:  (1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use which may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown upon the label; (2) If its composition falls below or differs from that which it is purported to possess by its labeling; (3) If it contains unwanted crop seed or weed seed.3 Del. C. 1953, §  2111;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2112. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2112. Publications.

§ 2112. Publications. The Secretary shall publish at least annually and in such forms as the Secretary may deem proper:  (1) Information concerning the distribution of commercial fertilizers and soil conditioners; (2) Results of analyses based on official samples of commercial fertilizers distributed within the State as compared with the analyses guaranteed under §§ 2104 and 2105 of this title.3 Del. C. 1953, §  2112;  58 Del. Laws, c. 157;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2113. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2113. Rules and regulations.

§ 2113. Rules and regulations. The Secretary may prescribe and enforce such rules and regulations relating to investigational allowances, definitions, records, and the distribution of commercial fertilizers and soil conditioners as may be necessary to carry into effect the full intent and meaning of this chapter. All regulations promulgated pursuant to this chapter shall be published and made available to all citizens. The Department of Agriculture may adopt any policies and regulations necessary to permit the registration and distribution of plant biostimulants when the use, registration, or distribution of plant biostimulants is permitted by the Association of American Plant Food Control Officials. 3 Del. C. 1953, §  2113;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2114. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2114. Fertilizer and soil conditioner short in weight.

§ 2114. Fertilizer and soil conditioner short in weight. If any commercial fertilizer or soil conditioner in the possession of the consumer is found by the Secretary to be short in weight, the registrant of said commercial fertilizer or soil conditioner shall within 30 days after official notice from the Secretary pay to the consumer a penalty equal to 4 times the value of the actual shortage. 3 Del. C. 1953, §  2114;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2115. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2115. Cancellation of registrations.

§ 2115. Cancellation of registrations. The Department may cancel the registration of any brand of commercial fertilizer or soil conditioner or refuse to register any brand of commercial fertilizer or soil conditioner as herein provided, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of this chapter or any rules and regulations promulgated thereunder; provided that no registration shall be revoked or refused until the registrant shall have been given the opportunity to appear for a hearing by the Secretary. 3 Del. C. 1953, §  2115;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2116. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2116. “Stop sale” orders.

§ 2116. “Stop sale” orders. The Secretary may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lots of commercial fertilizer or soil conditioner to hold such commercial fertilizer or soil conditioner at a designated place when the Secretary finds that it is being offered or exposed for sale in violation of any of the provisions of this chapter, until the law has been complied with and said commercial fertilizer or soil conditioner is released in writing by the Secretary, or said violation has been otherwise legally disposed of by written authority. The Secretary shall release the commercial fertilizer or soil conditioner so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. 3 Del. C. 1953, §  2116;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2117. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2117. Seizure, condemnation, and sale.

§ 2117. Seizure, condemnation, and sale. Any lot of commercial fertilizer or soil conditioner not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the Secretary to a court of competent jurisdiction in the county in which said commercial fertilizer or soil conditioner is located. In the event 1 court finds the said commercial fertilizer or soil conditioner to be in violation of this chapter and orders the condemnation of said commercial fertilizer or soil conditioner, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer or soil conditioner and the laws of the State. Provided that in no instance shall the disposition of said commercial fertilizer or soil conditioner be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial fertilizer or soil conditioner or for permission to process or relabel said commercial fertilizer or soil conditioner to bring it into compliance with this chapter. 3 Del. C. 1953, §  2117;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2118. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2118. Violations.

§ 2118. Violations. (a) If it shall appear from the examination of any commercial fertilizer or soil conditioner that any of the provisions of this chapter or the rules and published regulations issued thereunder have been violated, the Secretary shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken, and any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the Secretary. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this chapter or rules and regulations issued thereunder have been violated, the Secretary may certify the fact to the Attorney General. (b) Any person convicted of violating any provision of this chapter or the rules and regulations issued thereunder shall be punished in the discretion of the Superior Court, which shall have exclusive original jurisdiction over offenses under this chapter. (c) Nothing in this chapter shall be construed as requiring the Secretary or his representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this chapter when the Secretary believes that the public interests will be best served by a suitable notice of warning in writing. (d) It shall be the duty of the Attorney General to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. (e) The Secretary is hereby authorized to apply for and the Court of Chancery is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter notwithstanding the existence of other remedies at law. Injunctions shall be issued without bond. 3 Del. C. 1953, §  2118;  58 Del. Laws, c. 157;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2119. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2119. Hearing required.

§ 2119. Hearing required. If, after notification by the Secretary of the Department's order penalizing any person under §§ 2108 and 2114 of this title, denying registration under § 2104 of this title, or cancelling registration under § 2115 of this title, any aggrieved person shall so demand in writing, the Secretary shall hold a hearing. At such hearing a record shall be kept of all evidence and testimony, which shall be under oath, and of the Secretary's findings and decisions. Based on the evidence presented and the law set forth in this chapter, as well as regulations adopted pursuant thereto, the Secretary shall affirm, revoke or modify the Department's original order. 3 Del. C. 1953, §  2119;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2120. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2120. Appeals.

§ 2120. Appeals. Nothing in this chapter shall be construed to prohibit appeals to a court of competent jurisdiction by persons aggrieved by a decision of the Secretary under § 2119 of this title. Such an appeal shall be on the record and confined to a determination as to whether the Secretary abused his or her discretion, provided that no appeal shall stay an order by the Department. 3 Del. C. 1953, §  2120;  58 Del. Laws, c. 157;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2121. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2121. Exchanges between manufacturers.

§ 2121. Exchanges between manufacturers. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or soil conditioners to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer or soil conditioners to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter. 3 Del. C. 1953, §  2121;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2122. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2122. Delegation of duties.

§ 2122. Delegation of duties. All authority vested in the State Secretary of Agriculture by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Department of Agriculture as may be designated for said purpose. 3 Del. C. 1953, §  2122;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
3 DE Code § 2123. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 21. Commercial Fertilizers and Soil Conditioners|§ 2123. Cooperation with other entities.

§ 2123. Cooperation with other entities. The Department may cooperate and enter into agreements with governmental agencies of this State, other states, and agencies of the federal government in order to carry out the purpose and provisions of this chapter. 83 Del. Laws, c. 140, § 1;
3 DE Code § 2301. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 23. Irrigation Preservation|§ 2301. Agricultural lands and use of treated wastewater effluent.

§ 2301. Agricultural lands and use of treated wastewater effluent. Notwithstanding any law or regulation to the contrary:  (1) Any agricultural lands which are actively being farmed shall have the right to receive and recycle to such land reclaimed water through irrigation systems. (2) Any agricultural land receiving and applying reclaimed water pursuant to paragraph (1) of this section may also be leased to a private or public entity for irrigation systems to disperse said reclaimed water in accordance with the agronomic requirements of the agricultural land. Such leased irrigation systems shall only be subject to application and permitting of the irrigation systems by the Delaware Department of Natural Resources and Environmental Control. (3) The receipt and application of reclaimed water for irrigation purposes on agricultural lands subject to agricultural lands preservation under Chapter 9 of this title shall be permitted subject to the provisions of § 909(a)(5)e. of this title. (4) Agricultural land may be leased to a public or private entity for irrigation systems to disperse reclaimed water provided that, prior to entering any contractual agreement, and expressly included in the contractual agreement, the private or public entity advises the agricultural landowners of potential limitation, risk and loss regarding the use of reclaimed water on conventional crops for direct human consumption.77 Del. Laws, c. 123, §  2;
3 DE Code § 2401. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 24. Noxious Weed Control|§ 2401. Declared public and common nuisance.

§ 2401. Declared public and common nuisance. The existence of growth of a noxious weed is declared to be a public and common nuisance. 3 Del. C. 1953, §  2401;  57 Del. Laws, c. 701;  63 Del. Laws, c. 360, §  1;
3 DE Code § 2402. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 24. Noxious Weed Control|§ 2402. Department of Agriculture — Investigations; designation of species; rules; programs of control; acceptance of grants; Weed Advisory Committee.

§ 2402. Department of Agriculture — Investigations; designation of species; rules; programs of control; acceptance of grants; Weed Advisory Committee. (a) The state Department of Agriculture may make such investigations, studies and determinations as it may deem advisable in order to ascertain the extent of growth and infestation of noxious weeds in this State, and the effect of such species on agricultural production. (b) The Department shall designate species of weeds which adversely affect or threaten agriculture production as noxious weeds, and may promulgate such rules and regulations as in its judgment are necessary to carry into effect the provisions of this chapter and may alter or suspend such rules when necessary. (c) The Department may institute programs of control and eradication. (d) The Department may enter into agreements with any county or subdivision of this State, with any adjoining state, or with agencies of the federal or state government to effect a program of control and eradication. (e) The Department may accept, use, or expend such aid, gift, grant, or loan as may from time to time be made available from any source, public or private, for the purposes of carrying out the provisions of this chapter. (f) A Weed Advisory Committee consisting of 5 persons shall serve in an advisory capacity to the Secretary on matters concerning noxious weed control in the State. The Committee shall consist of a cooperative extension representative from the University of Delaware, chosen by the Director of Cooperative Extension Service; the Noxious Weed Specialist, State Department of Agriculture; and 1 person from each of the 3 counties to be chosen by the Governor's Council on Agriculture. 3 Del. C. 1953, §  2402;  57 Del. Laws, c. 701;  63 Del. Laws, c. 360, §§  2-4;
3 DE Code § 2403. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 24. Noxious Weed Control|§ 2403. Same — Agreements relating to eradication.

§ 2403. Same — Agreements relating to eradication. The state Department of Agriculture may enter into an agreement with any designated county in this State for the purpose of control and eradication of designated noxious weed within that county. When such an agreement is executed and certified in writing to the Secretary of State, the Department and the county may conduct surveys to determine the location and amount of infestations of designated noxious weed within that county, and may provide technical and financial assistance to landowners in a cooperative control or eradication program, and may effect a program of mowing, spraying, or other control or eradication practices on road rights-of-way, drainage ditch banks, parks, playgrounds, and other public or private lands. The agreement between the Department and county may be terminated by either party on 30 days written notice. 3 Del. C. 1953, §  2403;  57 Del. Laws, c. 701;  63 Del. Laws, c. 360, §  5;
3 DE Code § 2404. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 24. Noxious Weed Control|§ 2404. Importation; transportation; elimination.

§ 2404. Importation; transportation; elimination. (a) It shall be unlawful to import designated noxious weeds into this State, or to transport designated noxious weeds within this State, in any form capable of growth, except for purposes of research with the prior written approval of the state Department of Agriculture. It shall be unlawful to knowingly contaminate any uninfested land or roadway with designated noxious weeds through the movement of rootstocks, seed, soil, mulch, nursery stock, farm machinery, or other medium. (b) It shall be unlawful to knowingly allow designated noxious weeds to set seed on any land, or to allow any portion of a designated noxious weed plant to reach a height of 24 inches; and it shall be the duty of each landowner or person who has the present right to possess and/or use the land to mow, cultivate, treat with chemicals, or use such other practices as may be prescribed by the Department of Agriculture as effective in preventing seed set on designated noxious weed infestations or in elimination of the designated noxious weed plant. 3 Del. C. 1953, §  2404;  57 Del. Laws, c. 701;  59 Del. Laws, c. 160, §  1;  63 Del. Laws, c. 360, §§  6, 7;