reglab/housing_qa huggingface dataset:
3 DE Code § 1229. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VI. Pesticide Advisory Committee|§ 1229. Composition; appointments; terms; removal; vacancies.

§ 1229. Composition; appointments; terms; removal; vacancies. (a) The Pesticide Advisory Committee shall consist of 4 pesticide applicators residing in the State, 1 qualified to operate ground equipment, 1 qualified to operate aerial equipment, 1 qualified for turf and ornamental pest control and 1 qualified for structural pest control; 1 entomologist in public service; 1 environmental health specialist from the State Department of Health and Social Services; 1 toxicologist in public service; 1 plant pathologist in public service; 1 member from the agricultural chemical industry; 1 member from the food processing industry; 1 producer of agricultural crops or products on which pesticides are applied or which may be affected by the application of pesticides; and 2 representatives of the Department of Natural Resources and Environmental Control — 1 who by employment is responsible for the protection of environmental control, and 1 who by employment is responsible for fish and wildlife protection. (b) Such members shall be appointed by the Governor for terms of 3 years and may be appointed for successive 3-year terms at the discretion of the Governor, provided, however, that at the inception of this chapter, the current members of the Committee established by 58 Delaware Laws, Chapter 166, continue to serve until the expiration of their respective terms. (c) The Governor may remove for cause any member of the Committee prior to the expiration of the member's term. (d) Upon the death, resignation or removal for cause of any member of the Committee, the Governor shall fill such vacancy. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 233, §  4;
3 DE Code § 1230. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VI. Pesticide Advisory Committee|§ 1230. Function.

§ 1230. Function. The Committee shall advise the Department on any and all problems relating to the sale, use, disposal and storage of pesticides in the State. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
3 DE Code § 1231. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VI. Pesticide Advisory Committee|§ 1231. Meetings.

§ 1231. Meetings. The Committee shall elect 1 of its members Chairman, and shall meet at such time and place as shall be specified by the Chairman, the Department or a majority of the members of the Committee. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
3 DE Code § 1232. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VI. Pesticide Advisory Committee|§ 1232. Compensation.

§ 1232. Compensation. Each member of the Committee shall be reimbursed for all proper and necessary expenses but shall receive no compensation for time spent in attending the work of the Committee. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
3 DE Code § 1233. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VII. Miscellaneous|§ 1233. Reports of pesticide accidents, incidents or loss.

§ 1233. Reports of pesticide accidents, incidents or loss. (a) The Department may by regulation require the reporting of pesticide accidents or incidents to the Department. (b) Any person claiming damages from a pesticide application shall have filed with the Department on a form prescribed by the Department a written statement claiming that he or she has been damaged. This report shall have been filed within 60 days after the date that damage occurred, except that if a growing crop is alleged to have been damaged, the report must be filed prior to the time that 25% of the damaged crop has been harvested. Such statement shall contain, but shall not be limited to, the name of the person allegedly responsible for the application of said pesticide, if known, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred and the date on which the alleged damage occurred. The Department shall prepare a form to be furnished to persons to be used in such cases and such form shall contain such other requirements as the Department may deem proper. The Department shall, upon receipt of such statement, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility of the damages claimed, and furnish copies of such statements as may be requested. The Department shall inspect damages whenever possible and when it determines that the complaint has sufficient merit, it shall make such information available to the person claiming damage and to the person who is alleged to have caused the damage. (c) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action. (d) Where damage is alleged to have occurred, the claimant shall permit the Department, the licensee and his representatives, such as bondsman or insurer, to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that such damage may be examined. Failure of the claimant to permit such observation and examination of the damaged lands shall automatically bar the claim against the licensee. (e) Nothing in this chapter shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of the Department. 60 Del. Laws, c. 671, §  1;  64 Del. Laws, c. 189, §  10;  70 Del. Laws, c. 186, §  1;
3 DE Code § 1234. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VII. Miscellaneous|§ 1234. Licensee to keep records; duration; submission to Department.

§ 1234. Licensee to keep records; duration; submission to Department. (a) The Department shall require the licensee or certified commercial applicators to maintain records with respect to applications of pesticides. Such relevant information as the Department may deem necessary may be specified by regulation. The Department may require the licensee to maintain records related to applications of certain “state restricted pesticide uses.” (b) Such records shall be kept for a period of 2 years from the date of the application of the pesticide to which such records refer. (c) Such records shall be made available for inspection to the Department by the licensee or certified applicator upon request in writing by the Department. 60 Del. Laws, c. 671, §  1;
3 DE Code § 1235. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VII. Miscellaneous|§ 1235. Storing and disposal of pesticides and pesticide containers.

§ 1235. Storing and disposal of pesticides and pesticide containers. No person shall transport, store or dispose of any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The Department may promulgate rules and regulations governing the storing and disposal of such pesticides or pesticide containers. In determining these standards, the Department shall take into consideration any regulations issued by the E.P.A. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
3 DE Code § 1236. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VII. Miscellaneous|§ 1236. Stop sale, use or removal orders.

§ 1236. Stop sale, use or removal orders. When the Department has reasonable cause to believe a pesticide or device is being distributed or used in violation of any of the provisions of this chapter, or any of the prescribed regulations under this chapter, it may issue and serve a written “stop sale, use or removal” order upon the owner or custodian of any such pesticide or device. The pesticide or device shall not be sold, used or removed until the provisions of this chapter have been complied with and the pesticide or device has been released in writing by the Department or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction. Any such “stop sale, use or removal” order shall remain in effect until the violation has been corrected. The owner or custodian of any such pesticide or device against whom a “stop sale, use or removal” order has been issued, may request a hearing to demonstrate that he or she is in compliance with this chapter or any regulations promulgated thereunder. Such hearing shall be scheduled within 15 days of the request and shall be held by the Secretary of the Department of Agriculture or his or her designee. The burden shall be on the owner or custodian of any such pesticide or device to show compliance. The hearing shall be conducted in accordance with the Administrative Procedures Act of the State. The decision of the Department may be appealed to Superior Court on the record. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;  64 Del. Laws, c. 189, §  11;  70 Del. Laws, c. 186, §  1;
3 DE Code § 1237. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VII. Miscellaneous|§ 1237. Enforcement of chapter.

§ 1237. Enforcement of chapter. This chapter shall be enforced by the State Department of Agriculture. The Department may establish regulations, but only after public hearing following due notice to carry out the purposes of this chapter, and all authority vested in the Department by virtue of this chapter may with like force be executed by such employees of the Department as may be designated for said purpose. Due notice shall be given under this section at least 10 days prior to the public hearing and shall consist of publication in newspapers of general circulation, a registered letter to the Pesticide Advisory Committee and may also be sent to representatives of pesticide application trade associations. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
3 DE Code § 1238. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VII. Miscellaneous|§ 1238. Cooperative agreements.

§ 1238. Cooperative agreements. The Department may cooperate, receive grants-in-aid and enter into agreements with any agency of the federal government, of this State or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter, in order to:  (1) Secure uniformity of regulations; (2) Cooperate in the enforcement of the federal pesticide control laws through the use of state and/or federal personnel and facilities and to implement cooperative enforcement programs; (3) Develop and administer state plans for training and for certification of certified applicators consistent with the federal standards; (4) Contract for training with other agencies for the purpose of training certified applicators; (5) Contract for monitoring pesticides for the national plan; (6) Prepare and submit state plans to meet federal certification standards, as provided for in § 4 of FIFRA [7 U.S.C. § 136i(a)-(c)]; or (7) Regulate certified applicators.58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
3 DE Code § 1239. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VII. Miscellaneous|§ 1239. Information.

§ 1239. Information. The Department may, in cooperation with the University of Delaware, Delaware State University, other educational institutions or trade associations, publish information and conduct short courses of instruction in the areas of knowledge required in this chapter. 60 Del. Laws, c. 671, §  1;  69 Del. Laws, c. 67, §  2;
3 DE Code § 1240. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VII. Miscellaneous|§ 1240. Repeals.

§ 1240. Repeals. Jurisdiction in all matters pertaining to the distribution, sale, use, application and transportation of pesticides and devices is by this chapter vested exclusively in the Department, and all acts and parts of acts inconsistent with this chapter, with the exception of Chapter 60 of Title 7, are hereby expressly repealed. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
3 DE Code § 1601. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 16. Grain Inspection, Certification, and Grain Contracts|Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities|§ 1601. Definitions.

§ 1601. Definitions. As used in this chapter:  (1) “Department” means the State of Delaware Department of Agriculture and includes, but is not limited to, its officers, inspectors, employees, agents or representatives. (2) “Devices” means any grain moisture testing devices. (3) “Grain” means includes, but is not limited to, corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain and any other food grains, feed grains, hemp, and oilseeds which standards have been established in the United States Grain Standards Act, 7 U.S.C. Chapter 3 (7 U.S.C. §§ 71-87k). (4) “Grain Inspector” means anyone who operates grain moisture testing devices, follows standard grain inspection procedures and uses other grain inspection equipment.3 Del. C. 1953, §  1601;  55 Del. Laws, c. 68;  57 Del. Laws, c. 764, §  7;  72 Del. Laws, c. 471, §  1;  81 Del. Laws, c. 382, § 2;
3 DE Code § 1602. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 16. Grain Inspection, Certification, and Grain Contracts|Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities|§ 1602. Registration and approval.

§ 1602. Registration and approval. (a) All grain moisture testing devices shall be registered with the Department, on forms supplied by the Department. The devices used in the buying of grain shall be required to pass such inspections, at any time, as the Department may determine. Such inspections shall be made at the commercial grain elevator, warehouse, or other grain storage facility. Upon approval, inspected devices shall bear the Department's seal, permitting their use. (b) Devices which fail to pass the inspection of the Department shall be immediately removed from service and repaired. The Department shall reinspect and approve the repair of a failed device before it can be returned to service. 3 Del. C. 1953, §  1602;  55 Del. Laws, c. 68;  57 Del. Laws, c. 764, §  7;  72 Del. Laws, c. 471, §  1;
3 DE Code § 1603. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 16. Grain Inspection, Certification, and Grain Contracts|Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities|§ 1603. Installation and operation.

§ 1603. Installation and operation. (a) The grain moisture testing devices shall be installed in such a manner that there will be no vibrations of indicating dials. Devices with moving parts shall be properly maintained, and kept free of dust and dirt. (b) All devices shall be operated according to the manufacturer's instructions, or in accordance with instruction issued by the Department. 3 Del. C. 1953, §  1603;  55 Del. Laws, c. 68;  57 Del. Laws, c. 764, §  7;  72 Del. Laws, c. 471, §  1;
3 DE Code § 1604. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 16. Grain Inspection, Certification, and Grain Contracts|Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities|§ 1604. Licensed grain inspectors.

§ 1604. Licensed grain inspectors. (a) Any person engaged in the operation of a commercial grain elevator, grain warehouse or other grain storage facility shall only utilize licensed grain inspectors for all grain sampling and testing. (b) To obtain a Grain Inspector's License applicants shall be required to furnish satisfactory evidence of good character to the Department and to pass an examination conducted by the Department. The examination shall test the applicant's ability to operate grain moisture testing devices, to use grain inspecting equipment, and knowledge of grain inspection procedures. (c) Upon attainment of a passing score on the examination, and payment of a $10 fee, the Department shall issue a Grain Inspector License to the applicant for 2 calendar years. The license shall be renewed biennially upon successful reexamination, if the Licensed Grain Inspectors duties have been performed satisfactorily during the previous 2-year period, and upon payment of a $10 fee. Grain Inspector Licenses shall be posted at the commercial grain elevator, grain warehouse or other grain storage facility in full view of the public. 3 Del. C. 1953, §  1604;  55 Del. Laws, c. 68;  57 Del. Laws, c. 764, §  7;  65 Del. Laws, c. 515, §  1;  72 Del. Laws, c. 471, §  1;
3 DE Code § 1605. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 16. Grain Inspection, Certification, and Grain Contracts|Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities|§ 1605. Certification of commercial grain elevators, grain warehouses and other grain storage facilities.

§ 1605. Certification of commercial grain elevators, grain warehouses and other grain storage facilities. Every commercial grain elevator, grain warehouse or other grain storage facility shall be certified by the Department to meet minimum standards of performance. These standards shall be determined by the Department. 72 Del. Laws, c. 471, §  1;
3 DE Code § 1606. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 16. Grain Inspection, Certification, and Grain Contracts|Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities|§ 1606. Violations and penalties.

§ 1606. Violations and penalties. Failure to comply with the provisions of this chapter shall result in the assessment of a civil penalty of not more than $10 for the first violation and not less than $25 nor more than $100 for each subsequent violation. 3 Del. C. 1953, §  1605;  55 Del. Laws, c. 68;  72 Del. Laws, c. 471, §  1;
3 DE Code § 1607. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 16. Grain Inspection, Certification, and Grain Contracts|Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities|§ 1607. Enforcement; administrative rules and regulations.

§ 1607. Enforcement; administrative rules and regulations. The Department shall enforce this chapter, and prescribe and enforce administrative rules, regulations, definitions, penalties, fees and standards in accordance with the Administrative Procedures Act. 3 Del. C. 1953, §  1605;  55 Del. Laws, c. 68;  57 Del. Laws, c. 764, §  7;  72 Del. Laws, c. 471, §  1;
3 DE Code § 1611. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 16. Grain Inspection, Certification, and Grain Contracts|Subchapter II. Grain Contracts of Sale, Discount Rates and Test Weight Rates|§ 1611. Grain contracts of sale, discount rates and weight rates.

§ 1611. Grain contracts of sale, discount rates and weight rates. (a) Subject to any contractual provision to the contrary and based upon whatever market the contracting parties agree to:  (1) The discount rates for foreign material and moisture content may not be higher than the discount rates that prevail on the day the contract is formed; (2) The test weight rates may not be higher than the test weight rates that prevail on the day the contract is formed. (b) This section applies to any contract for sale of grain entered into in this State provided the date of delivery is less than 1 year after the date the contract is formed. 70 Del. Laws, c. 399, §  1;  72 Del. Laws, c. 471, §  1;
3 DE Code § 2201. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter I. General Provisions|§ 2201. Declaration of purpose.

§ 2201. Declaration of purpose. The purposes of this chapter are:  (1) To regulate those activities involving the generation and application of nutrients in order to help improve and maintain the quality of Delaware's ground and surface waters and to meet or exceed federally mandated water quality standards, in the interest of the overall public welfare; (2) To establish a certification program that encourages the implementation of best management practices in the generation, handling or land application of nutrients in Delaware; (3) To establish a nutrient management planning program; and (4) To formulate a systematic and economically viable nutrient management program that will both maintain agricultural profitability and improve water quality in Delaware.72 Del. Laws, c. 60, §  1;
3 DE Code § 2220. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 22. Nutrient Management|Subchapter II. Delaware Nutrient Management Commission|§ 2220. Delaware Nutrient Management Commission; general powers and duties.

§ 2220. Delaware Nutrient Management Commission; general powers and duties. (a) The Delaware Nutrient Management Commission is hereby established. The Commission shall have the power to develop, review, approve and enforce regulations governing the certification of individuals engaged in the business of land application of nutrients and the development of nutrient management plans as set forth in this chapter. In addition, the Commission shall:  (1) Consider the establishment of critical areas for targeting of other voluntary or regulatory programs; (2) Establish best management practices to reduce nutrient losses to the environment; (3) Develop educational and awareness programs designed to voluntarily curtail use of nutrients by persons not otherwise covered by this chapter; (4) Consider the development of a transportation and alternative use incentive program to move nutrients from areas with overabundance to areas needing nutrient sources; (5) Make such other recommendations to the Secretary that it deems important for the furtherance of the goals of this Chapter; and (6) Establish the elements and general direction of the State Nutrient Management Program. (b) The Commission, in carrying out its duties under this chapter, shall consider comments from affected stakeholders and others interested in the activities of the Commission, including, but not limited to, the University of Delaware and other state and federal agencies, nonprofit groups, and others with an interest in nutrient management. In addition, the Commission shall consider prior work of the Governor's Agricultural Industry Advisory Committee on Nutrient Management. (c) Notwithstanding the foregoing, the Commission shall not hold any person or persons certified pursuant to this chapter responsible for violations committed by another person. 72 Del. Laws, c. 60, §  1;