reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3112. Licensed tester.

§ 3112. Licensed tester.
Every person or agent or servant thereof engaged in the business of receiving or buying milk or cream on the basis of, or in any way with reference to, the amount of butterfat contained therein, or on the basis of tests made for official inspection or public records as determined by the “Babcock test” shall have the test or tests made only by a licensed tester who shall be responsible for the same and who shall keep a proper and permanent record of all tests made and a copy of such record shall be kept by the owner or manager of the plant.
32 Del. Laws, c. 36, §  4;  40 Del. Laws, c. 92, §  4;  Code 1935, §  637;  3 Del. C. 1953, §  3112;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3113. Qualifications and duties of licensed tester; fee; renewal of license.

§ 3113. Qualifications and duties of licensed tester; fee; renewal of license.
For the purpose of this subchapter, a licensed tester is any person who, having furnished satisfactory evidence of good character and having passed a satisfactory examination in milk and cream testing conducted by the Department of Agriculture or its agents, has received a certificate of proficiency from the Department. Each applicant for examination for a certificate shall pay a fee of $3.45 to the Department of Agriculture or its agents. The Department shall issue a certificate of proficiency in the name of the approved applicant and under a serial number. The Department upon receipt of this certificate of proficiency, together with the payment of a fee of $3.45, shall issue a license to the applicant good for 1 calendar year. This license shall be renewed annually without further examination at the discretion of the Department upon the payment of a fee of $3.45. Each certified tester shall post the certified tester's license in plain view in the testing room in which the certified tester is employed. The Department shall revoke the license for failure to post it as above required or for any other just cause.
32 Del. Laws, c. 36, §  4;  40 Del. Laws, c. 92, §  4;  Code 1935, §  637;  3 Del. C. 1953, §  3113;  57 Del. Laws, c. 764, §  12;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3114. Licensed weigher and sampler; qualifications and duties; fee; renewal of license.

§ 3114. Licensed weigher and sampler; qualifications and duties; fee; renewal of license.
(a) Every person engaged in the business of buying milk or cream on the basis of, or in any way with reference to, the amount of butterfat contained therein or on the basis of tests made for official inspection or public record shall have the samples taken for testing purposes either by a licensed tester or by a person licensed or certified to weigh and sample milk and cream.
(b) For the purpose of this subchapter, a person certified to weigh and sample milk or cream is any person who, having furnished satisfactory evidence of good character and having passed a satisfactory examination in weighing and sampling milk and cream conducted by the Department of Agriculture or its agents, has received a certificate of proficiency from the Department.
(c) Each applicant for an examination for such certificate shall pay a fee of $1.75 to the Department. The Department shall issue a certificate of proficiency in the name of the approved applicant and under a serial number. The Department of Agriculture upon receipt of this certificate of proficiency, together with the payment of a fee of $3.45, shall issue a license to the applicant good for 1 calendar year. This license shall be renewed annually without further examination at the discretion of the Department of Agriculture upon the payment of $3.45.
(d) Each licensed weigher and sampler shall post his or her license in plain view in the plant in which he or she is employed. The Department of Agriculture may revoke the license for failure to post it as above mentioned or for any other just cause.
40 Del. Laws, c. 92, §  5;  Code 1935, §  637;  3 Del. C. 1953, §  3114;  57 Del. Laws, c. 764, §  12;  67 Del. Laws, c. 260, §  1;  68 Del. Laws, c. 9, §  68;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3115. Frequency of testing, holding, retesting and reporting.

§ 3115. Frequency of testing, holding, retesting and reporting.
(a) Any person or milk plant or agent thereof in the State or out of the State engaged in the business of buying milk on the basis of percentage of butterfat contained therein shall make a test of the milk at least once every 16 days. The milk purchased from each milk producer shall be represented by a composite sample taken from the entire delivery of each of the several lots purchased from the milk producer and shall cover a period of not more than 16 days. A composite sample shall contain a preservative and it shall contain aliquot parts from each lot of milk collected. The preservative must be capable of keeping the composite sample in suitable condition for testing for a period of at least 30 days. Each composite sample shall be held in an airtight bottle, to be labeled with the name or number of the milk producer.
(b) After the composite samples have been tested, their residues shall be held intact and in a suitable condition for retesting for a period of 15 days.
(c) All milk producers shall be notified within 5 days after the close of the period giving such producer the results of the butterfat test on the composite sample. If the producer desires a retest, such request shall be made directly to the milk plant or through the field man within 24 hours after the receipt of the butterfat test. The retest shall be made immediately and reported to the producer.
(d) The Department of Agriculture may at any time require out-of-state milk plants to deliver 1 or all composite samples to the Department of Agriculture laboratories for retesting purposes. An alternative shall be for the out-of-state milk plant to grant the Department of Agriculture or its agents permission to enter its plant for the purpose of taking samples for rechecking purposes. If the composite sample should in some manner be destroyed during the period and it becomes necessary to use fresh samples as the basis of settlement at least 3 fresh samples shall be taken from 3 separate deliveries of milk.
(e) Reports of all butterfat tests shall be made to the Department of Agriculture at the close of each testing period. If butterfat tests vary more than 0.02% from one testing period to the next testing period, a retest shall be made and reported.
(f) The Secretary of the Department of Agriculture may, by written permission, grant any person or milk plant or agent thereof engaged in the business of buying milk on the basis of percentage of butterfat contained therein the right to use a fresh sample method as approved by the Secretary.
32 Del. Laws, c. 36, §  5;  40 Del. Laws, c. 92, §  6;  Code 1935, §  638;  3 Del. C. 1953, §  3115;  57 Del. Laws, c. 503;  57 Del. Laws, c. 764, §  12;  58 Del. Laws, c. 113, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3116. Percentage of fat used as basis of payment.

§ 3116. Percentage of fat used as basis of payment.
No percentage of fat ascertained from a sample containing milk or cream that has been so treated as to cause it to test lower or higher than the test of the milk or cream from which it was taken shall be used as a basis of payment for milk or cream purchased or sold.
32 Del. Laws, c. 36, §  6;  40 Del. Laws, c. 92, §  7;  Code 1935, §  639;  3 Del. C. 1953, §  3116;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3117. Approved weight or measure or butterfat test as basis of payment.

§ 3117. Approved weight or measure or butterfat test as basis of payment.
(a) No person purchasing or selling milk or cream or both by weight or measure or butterfat test, and no agent or servant of any such person, shall use as a basis of payment for such purchase any weight or measure or butterfat test other than the approved weight or measure or butterfat test of the milk or cream purchased or sold.
(b) Only procedures approved by the Association of Official Analytical Chemists or the American Public Health Association and adopted or prescribed by the State Department of Agriculture may be used. The Babcock test or the automated light scattering method for determining fat content of raw unhomogenized milk are hereby adopted as procedures for the determination of the fat content of milk as a basis of payment to producers.
32 Del. Laws, c. 36, §  7;  40 Del. Laws, c. 92, §  8;  Code 1935, §  640;  3 Del. C. 1953, §  3117;  58 Del. Laws, c. 113, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3118. Butterfat statement given producers; contents.

§ 3118. Butterfat statement given producers; contents.
(a) Every person or agent or servant thereof purchasing or receiving milk or cream from the producer thereof for manufacturing purposes or for reselling the same shall, at each time of payment to the producer for milk or cream, or where the producer of milk or cream is selling the same to the purchaser or receiver by or through a cooperative association or other agency and the payment thereof is being made by the purchaser or receiver to the cooperative or other agency, at the time the purchaser or receiver makes each payment to the cooperative association or other agency, give each producer delivering milk a statement showing the amount delivered daily during the time for which payment is made and the average per centum butterfat test of same, provided payment is made on the basis of the butterfat content.
(b) The statement shall contain the name or number of the producer or seller of the milk or cream, the date of delivery thereof, and the amount delivered. The statement shall be given in the terms of the unit used as a basis for determining the value thereof. A purchaser or receiver may, in lieu of the monthly statement of weights, give daily to the producer or to the producer's agent at the time of delivery of milk or cream to the purchaser or receiver, a written statement of the amount of milk or cream received or purchased.
36 Del. Laws, c. 97, §  1;  40 Del. Laws, c. 92, §  9;  Code 1935, §§  641, 653;  3 Del. C. 1953, §  3118;  84 Del. Laws, c. 42, § 20;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3119. Authority to enter premises and examine books, records and testing apparatus.

§ 3119. Authority to enter premises and examine books, records and testing apparatus.
The Department of Agriculture or its agents may enter the premises and examine the books, the records and testing apparatus of any person, for the purpose of carrying out this subchapter.
32 Del. Laws, c. 36, §  8;  40 Del. Laws, c. 92, §  10;  Code 1935, §  641;  3 Del. C. 1953, §  3119;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3120. Violations and penalties.

§ 3120. Violations and penalties.
(a) Whoever violates this subchapter, except § 3111 of this title, shall be fined not less than $10 nor more than $50, or imprisoned not less than 10 nor more than 30 days, or both.
(b) Whoever violates § 3111 of this title shall be fined not less than $100 nor more than $1,000, or imprisoned not more than 9 months.
32 Del. Laws, c. 36, §  10;  40 Del. Laws, c. 92, §  13;  Code 1935, §  643;  3 Del. C. 1953, §  3120;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3121. Persons responsible for violations.

§ 3121. Persons responsible for violations.
For violation of any of this subchapter proceedings may be instituted against the owner or manager who is responsible for the business transacted, together with the certified tester or the person weighing and sampling, and either or all of them shall be held equally responsible.
40 Del. Laws, c. 92, §  12;  Code 1935, §  642;  3 Del. C. 1953, §  3121;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3122. Payment of fines and other money; disposition.

§ 3122. Payment of fines and other money; disposition.
All fines and penalties received for violations of this subchapter and all moneys received in compliance with this subchapter shall be paid to the Department of Agriculture or its agents and shall thereafter be paid into the State Treasury for the use of the State.
32 Del. Laws, c. 36, §  11;  40 Del. Laws, c. 92, §  14;  Code 1935, §  644;  3 Del. C. 1953, §  3122;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3123. Purchase of milk or cream by state institutions.

§ 3123. Purchase of milk or cream by state institutions.
Whenever a state institution purchases milk or cream pursuant to competitive bids based on the butterfat contents of the milk or cream supplied or to be supplied pursuant to such bid or bids, the tests to determine the butterfat contents thereof shall be made pursuant to and in compliance with the testing requirements provided under this subchapter. Whenever any bid has been accepted by any state institution to supply milk or cream or both of a required percentage of butterfat, the successful bidder shall be deemed to be in compliance with the requirements of the bid whenever any tests of the milk or cream shall be made, and such tests to determine the amount of the butterfat in such milk or cream or both shall be made pursuant to and in compliance with the provisions of this subchapter. The successful bidder shall not be required to satisfy any other tests made by any other sources than those prescribed under this subchapter.
Code 1935, §  646A;  43 Del. Laws, c. 89, §  1;  3 Del. C. 1953, §  3123;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter III. Standard Babcock Testing Equipment › § 3131. Approved testing glassware and utensils.

§ 3131. Approved testing glassware and utensils.
No person purchasing milk or cream and paying for the same on the basis of the percentage of butterfat contained therein shall, if the percentage of butterfat is ascertained by the “Babcock test,” use any test glassware except standard Babcock test glassware and weights which have been previously inspected and approved by the Department of Agriculture. If the proportion of butterfat is determined by any method other than the “Babcock test” no utensil or instrument shall be used in the determination until the same has been inspected and approved by the Department of Agriculture.
32 Del. Laws, c. 36, §  3;  40 Del. Laws, c. 92, §  3;  Code 1935, §  636;  3 Del. C. 1953, §  3131;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter III. Standard Babcock Testing Equipment › § 3133. Inspection and marking of Babcock test bottles.

§ 3133. Inspection and marking of Babcock test bottles.
(a) Every person, or agent thereof, engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount of percentage of butterfat contained therein, as determined by the “Babcock test,” shall use standard “Babcock” bottles, pipettes, and weights, as defined in § 3132 of this title. All Babcock test bottles, pipettes, and weights, so used, shall have been inspected for accuracy by the Department of Agriculture, or its proper officer or agent, and shall be legibly and indelibly marked by the Department of Agriculture, or its inspectors of weights and measures, with the letters “S. G. D.” (Standard Glassware Delaware).
(b) No Babcock bottle, pipette, or weight, shall be used for a test unless examined and marked by the inspectors of weights and measures. No person or agent shall use any other than standard test bottles, pipettes and weights, which have been examined and marked as provided in this section, to determine the amount of fat in milk or cream bought on the butterfat basis as determined by the Babcock test.
32 Del. Laws, c. 37, §  1;  Code 1935, §  645;  3 Del. C. 1953, §  3133;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter III. Standard Babcock Testing Equipment › § 3134. Violations and penalties.

§ 3134. Violations and penalties.
Whoever violates this subchapter shall be fined not less than $10 nor more than $50, and shall pay the costs of prosecution.
32 Del. Laws, c. 37, §  3;  Code 1935, §  646;  3 Del. C. 1953, §  3134;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter IV. Containers for Dairy Products › § 3141. Registration of markings on containers.

§ 3141. Registration of markings on containers.
(a) Any person engaged in manufacturing, bottling or selling milk, cream or other dairy products in bottles, boxes, tins, cans or other receptacles or containers, with such person's name or names or other mark or marks, or device or devices, branded, stamped, engraved, etched, blown, impressed or otherwise produced upon such bottles, boxes, tins, cans or other receptacles or containers used by such person in the same or delivery of milk, cream or other dairy products, may file in the office of the Secretary of State a description of the name or names, marks or devices so used by such person, and cause such description to be printed once a week for 2 weeks successively in a newspaper published in the county in which the principal office or place of business of the owner shall be located.
(b) Upon legal proof being furnished the Secretary of State, a certificate shall be issued by the Secretary of State which certificate shall be competent evidence in any court of law of the State of the right of such person to the absolute use of such bottles, boxes, tins, cans, or other receptacles or containers, with such devices marked thereon, and of the publication and registration of the same. If such person has obtained a certificate from the Secretary of State and thereafter retires from business, such person shall have the right to legally transfer the certificate to such person's successor in the business.
27 Del. Laws, c. 178;  Code 1915, §  3594;  40 Del. Laws, c. 221, §  1;  Code 1935, §  4086(a);  3 Del. C. 1953, §  3141;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter IV. Containers for Dairy Products › § 3142. Use of registered containers.

§ 3142. Use of registered containers.
(a) No person shall fill with milk, cream or other dairy products, or other beverages, oils, compounds or mixtures, any bottles, boxes, tins, cans or other receptacles or containers, marked or distinguished by or with any name, mark or device, of which a description has been filed and published as provided for in this subchapter; or deface, erase, obliterate, cover up, or otherwise remove or conceal, any such name, mark or device thereon; or sell, buy, give, take, retain, or break, mutilate or destroy, or otherwise dispose of, or traffic in the same; without the written consent of the owner or owners thereof being first obtained.
(b) The fact of any person other than the rightful owner or owners thereof using any such bottles, boxes, tins, cans, or other receptacles or containers for the sale or storage therein of any milk, cream or other dairy products, or other beverages, oils, compounds or mixtures, without the written consent of such owner or owners, of which a description of the names, marks, or devices thereon has been filed and published in the manner provided for in this subchapter; or the buying, selling, using, disposing of, destroying, retaining, or trafficking in such bottles, boxes, tins, cans, or other receptacles or containers, by any person other than the owner or owners thereof, without written consent; or having possession, by any junk dealer or other dealer in secondhand articles, of any bottles, boxes, tins, cans, or other receptacles or containers, of which a description of the names, marks, or devices thereon has been filed and published without written consent, shall be prima facie evidence of the unlawful use, retention, possession of, or trafficking in such bottles, boxes, tins, cans, or other receptacles or containers.
Code 1915, §§  3594A, 3594B;  40 Del. Laws, c. 221, §  1;  Code 1935, §  4086(b), (c);  3 Del. C. 1953, §  3142;  84 Del. Laws, c. 42, § 21;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter IV. Containers for Dairy Products › § 3143. Deposits on containers.

§ 3143. Deposits on containers.
The requiring, taking, or accepting of any deposit upon the delivery of any bottle, box, tin, can or other receptacles or containers, the name, mark, or device upon which has been filed and published as provided for in this subchapter, shall not constitute a sale thereof, either optional or otherwise.
Code 1915, §  3594C;  40 Del. Laws, c. 221, §  1;  Code 1935, §  4086(d);  3 Del. C. 1953, §  3143;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter IV. Containers for Dairy Products › § 3144. Confiscation by owner of unlawfully used containers.

§ 3144. Confiscation by owner of unlawfully used containers.
The owner or proprietor, or his or her or its agent or agents, may take possession of any bottles, boxes, tins, cans, or other receptacles or containers, used in violation of this subchapter, whether the receptacles or containers be full or partly full of any liquid, beverage or other substance, or empty, and shall not be liable in damages therefor, or for any trespass arising out of taking possession. Should the party or parties having possession of the receptacles or containers refuse to empty the same of the contents contained therein immediately, upon notice and demand by the owner or proprietor, or his or her or its agent or agents, then the owner, proprietor or agent may empty the receptacles or containers and shall not be liable therefor.
Code 1915, §  3594D;  40 Del. Laws, c. 221, §  1;  Code 1935, §  4086(e);  3 Del. C. 1953, §  3144;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter IV. Containers for Dairy Products › § 3145. Sterilization of bottles.

§ 3145. Sterilization of bottles.
Glass bottles used in the sale and delivery of milk, cream and other dairy products shall be sterilized before each and every filling, and shall not be used by the owner or owners thereof, or by any other person for any other purpose whatsoever.
Code 1915, §  3594F;  40 Del. Laws, c. 221, §  1;  Code 1935, §  4086(g);  3 Del. C. 1953, §  3147;  70 Del. Laws, c. 283, §  4;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter IV. Containers for Dairy Products › § 3146. Violations and penalties.

§ 3146. Violations and penalties.
Whoever violates this subchapter shall be fined not more than $10 for each offense, unless a different penalty is prescribed by the section violated.
Code 1915, §  3594E;  40 Del. Laws, c. 221, §  1;  Code 1935, §  4086(f);  3 Del. C. 1953, §  3146;  70 Del. Laws, c. 283, §  4;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter IV. Containers for Dairy Products › § 3147. Jurisdiction of offenses.

§ 3147. Jurisdiction of offenses.
Justices of the peace shall have jurisdiction of offenses under this subchapter.
Code 1915, §§  3594G, H;  40 Del. Laws, c. 221, §  1;  Code 1935, §  4086(h), (i);  3 Del. C. 1953, §  3149;  70 Del. Laws, c. 283, §  4;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter IV. Containers for Dairy Products › § 3148. Appeals; bond; time for taking.

§ 3148. Appeals; bond; time for taking.
Any person convicted of violating this subchapter shall have the right of an appeal to the Court of Common Pleas upon giving bond with surety satisfactory to the justice of the peace or judge before whom such person was convicted. The appeal shall be taken and bond given within 5 days from the time of conviction.
Code 1915, §  3594J;  40 Del. Laws, c. 221, §  1;  Code 1935, §  4086(j);  3 Del. C. 1953, §  3150;  69 Del. Laws, c. 423, §  3;  70 Del. Laws, c. 283, §  4;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3161. Requirement of bond; amount.

§ 3161. Requirement of bond; amount.
(a) No milk dealer or handler shall purchase, acquire or receive on consignment or otherwise milk from producers unless the milk dealer or handler has filed with the Department of Agriculture a corporate surety, individual surety, or collateral bond, approved by such Department.
(b) Except as otherwise herein provided, the bond required by subsection (a) of this section shall be in a sum equal to the value of the highest aggregate amount of milk purchased, acquired or received by the dealer or handler from producers in any 1 month during the preceding calendar year, which value shall be computed according to such milk dealer's or handler's posted prices for such month, and shall not in any event exceed $100,000.
(c) The bond required by subsection (a) of this section shall be upon a form prescribed by the Department of Agriculture, conditioned for the payment by the milk dealer or handler of all amounts due, including amounts due under this subchapter and the orders of such Department, for milk purchased or otherwise acquired from producers by the milk dealer or handler during the license year, upon such terms and conditions as the Department may prescribe.
(d) In the case of a milk dealer or handler who pays producers in full each week for milk purchased, acquired or received by the milk dealer or handler from such producers, the bond required by subsection (a) of this section shall be in a sum equal to 50 percent of the value of the highest aggregate amount of milk purchased, acquired or received by the dealer or handler from producers in any 1 month during the preceding calendar year, which value shall be computed according to such milk dealer's or handler's posted prices for such month, and shall not in any event exceed $50,000.
Code 1935, §  654A;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3161;  57 Del. Laws, c. 764, §  12;  84 Del. Laws, c. 42, § 22;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3162. Computation of amount; milk from another state.

§ 3162. Computation of amount; milk from another state.
Milk purchased, acquired or received by a milk dealer or handler from producers outside the State and sold or distributed by such dealers or handlers as fluid milk within the State, shall be included in computing the amount of such dealer's or handler's bond, except where such dealer or handler has filed a bond for the protection of such producers within the state wherein the milk is purchased, acquired or received or with such producers. In such computation, the amount due for such milk shall be determined according to any applicable official prices or any lawful contract price.
Code 1935, §  654B;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3162;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3163. Filing by dealer not engaged in business during preceding year.

§ 3163. Filing by dealer not engaged in business during preceding year.
A milk dealer or handler purchasing or acquiring or receiving or intending to purchase, acquire or receive milk from producers, but not so engaged during any month of the preceding calendar year, shall file a bond in a reasonable sum to be fixed by the Department of Agriculture, and within the time for filing his or her application such dealer or handler shall request the Department to fix such sum.
Code 1935, §  654B;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3163;  57 Del. Laws, c. 764, §  12;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3164. Time of filing; period effective.

§ 3164. Time of filing; period effective.
(a) The bond required in this subchapter shall be filed with the dealer's or handler's application for a license, and shall be filed within the time for filing such application.
(b) The bond shall become effective upon its being filed with the Department of Agriculture for the entire license year, or for that part of the license year in which the milk dealer or handler became engaged in the milk business. Any bond filed with the Department shall become effective upon being filed, whether or not it is approved by the Department, and shall no longer be of effect during the license year only when it has been replaced by a bond approved by the Department to be substituted therefor. The bond required in this subchapter shall be an obligation independent of the granting of a license and shall remain in full force and effect for and during the license year designated, as long as the dealer or handler purchases or receives milk from producers or is indebted to pay producers for any milk delivered during said license year, whether or not a license is granted the milk dealer or handler or a license granted the milk dealer or handler remains in force.
(c) The Department of Agriculture shall determine within a reasonable time after the close of a license year which milk dealers or handlers have paid all amounts protected by their bonds filed with the Department, and if the Department finds that all amounts protected by the bond of a milk dealer or handler have been paid, it shall thereafter return the bond for said past license year to each such milk dealer or handler.
Code 1935, §  654C;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3164;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3165. Surety requirements.

§ 3165. Surety requirements.
(a) A corporate surety bond shall be executed to the State by the milk dealer, as principal, and by a corporate surety company. The Department of Agriculture shall have no power to reject any corporate surety bond which is so executed by a corporate surety company authorized to do business in this State as surety.
(b) An individual surety bond shall be executed to the State by the milk dealer, as principal, and by 1 or more individuals, as surety or sureties, who shall have sole title to real estate, the fair valuation of which, free and clear, or in excess of all encumbrances, shall be at least equal to the amount of the bond.
(c) A collateral bond shall be executed to the State by the milk dealer, as principal, shall set forth therein the collateral posted with such bond, and shall have attached thereto the collateral properly assigned and transferred to the State. The collateral posted with such bond shall be cash in an amount equal to the amount of the bond; or such bond shall be secured by an actual deposit with the Department of Agriculture, or with a bank, bank and trust company, or national bank within the State, of money to the full amount of the bond; or by securities to such amount, consisting of interest-bearing obligations of the United States government, of this State, or of any political subdivision of this State, or by any other security or securities approved by the Department of Agriculture. The security or securities deposited therewith shall constitute a trust fund for producers from whom the dealer purchases milk.
Code 1935, §  654D;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3165;  57 Del. Laws, c. 763, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3166. Substitutions.

§ 3166. Substitutions.
The Department of Agriculture may grant to any milk dealer or handler the authority to substitute for any bond, surety or any collateral, another bond, surety or other collateral, provided that such other bond, surety, or collateral meets all the requirements of this subchapter.
Code 1935, §  654D;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3166;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3167. Financial statement; acceptance in lieu of surety.

§ 3167. Financial statement; acceptance in lieu of surety.
(a) A milk dealer or handler shall, from time to time, when required by the Department of Agriculture, make and file with such Department a verified statement of his or her disbursements, or of any other facts in connection with his or her business, during a period to be prescribed by the Department, which financial statement shall contain the names of the producers from whom milk was purchased, acquired, received or handled on consignment or otherwise, the amount due to the producers, and any other relevant facts required by the Department pertinent to the dealer or handler or the dealer's or handler's surety or sureties.
(b) In lieu of, and notwithstanding any and all provisions contained in this subchapter to the contrary, and in particular any and all provisions requiring a milk dealer or handler to file a corporate surety, or individual surety, or collateral bond, the Department of Agriculture may accept of and from any milk dealer or handler who has been continuously engaged in such business in this State for a period of 7 years prior thereto a complete current financial statement of all the assets and liabilities of such dealer or handler, verified under oath by such dealer or handler or an authorized agent thereof; which financial statement shall be in such form and in such detail as the Department prescribes from time to time.
(c) Whoever wilfully falsifies any such financial statement, in whole or in part, is guilty of making a false written statement in violation of § 1233 of Title 11 and shall be punished accordingly.
(d) If the Department of Agriculture determines from the financial statement that the fair net worth of the milk dealer or handler is at least equal to the amount of corporate surety, or individual surety, or collateral bond which such milk dealer or handler would otherwise be required to file, the Department may accept such milk dealer's or handler's bond and financial statement without requiring any corporate or individual surety thereon or collateral to be posted therewith.
Code 1935, §  654E;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3167;  57 Del. Laws, c. 764, §  12;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3168. Increase of bond.

§ 3168. Increase of bond.
If it appears from the dealer's or handler's financial statement, or from facts otherwise ascertained by the Department of Agriculture, that the bond afforded to producers selling, supplying or making available on consignment or otherwise milk to such milk dealer or handler does not adequately protect such producers, the Department may require such milk dealer or handler to procure an additional surety, or to give an additional bond or additional security for the collateral bond, in a sum to be determined by the Department, which:
(1) Shall not exceed more than 50 percent of the value of the highest aggregate amount of milk purchased, acquired or received on consignment or otherwise by the dealer or handler from producers in any 1 month during the preceding or current year, which value shall be computed according to the prices applicable; or
(2) Shall be a sum not exceeding by more than 50 percent the amount found to be due and owing producers by such dealer on a particular date determined by the Department,
whichever sum is greater, but the total increase shall not in any event exceed $50,000. In the case of a milk dealer or handler who pays producers in full each week for milk purchased, acquired or received or handled on consignment or otherwise by the milk dealer or handler from such producers, any increase required hereunder shall not exceed more than 25 percent of such value or amount, but the total increase in any event shall not exceed $25,000.
Code 1935, §  654F;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3168;  57 Del. Laws, c. 764, §  12;  84 Del. Laws, c. 42, § 23;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3169. Decrease in bond.

§ 3169. Decrease in bond.
The Department of Agriculture may grant a reduction of the bond or the collateral, or release an additional surety, if it appears that owing to a decrease in the milk purchased, received or handled by the dealer or handler, or to other causes, a bond in a lesser amount or with fewer sureties will protect producers selling, supplying or making available milk to such milk dealer or handler.
Code 1935, §  654F;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3169;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3170. Bonds, collateral, etc., deposited with State Treasurer.

§ 3170. Bonds, collateral, etc., deposited with State Treasurer.
All bonds, together with any moneys, or securities given as collateral therefor, received by the Department of Agriculture from milk dealers pursuant to the provisions of this subchapter, shall be transmitted by the Department to the State Treasurer for safekeeping subject to withdrawal in whole or in part at any time by the Department.
Code 1935, §  654G;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3170;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3171. Income from collateral.

§ 3171. Income from collateral.
The milk dealer or handler shall be entitled to all moneys received by the State Treasurer as interest or dividends upon any security or securities deposited by such milk dealer or handler with the Department of Agriculture and transmitted by the Department to the State Treasurer for safekeeping, in accordance with this subchapter. The milk dealer or handler shall not be entitled to interest or dividends if there is on file with the Department a valid unpaid claim of a producer against the milk dealer or handler, based on milk sold, supplied or made available by such producer to the milk dealer or handler.
Code 1935, §  654H;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3171;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3172. Suit upon bond.

§ 3172. Suit upon bond.
The Department of Agriculture may sue on the bond on behalf of producers. Suit may be brought in the name of the State upon relation of the Department of Agriculture or of the Attorney General, in such manner as debts are by law recoverable.
Code 1935, §  654I;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3172;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3173. Order of Department of Agriculture.

§ 3173. Order of Department of Agriculture.
If, by valid formal order refusing, suspending or revoking a license, after hearing with due notice to all those liable on the bond, the Department of Agriculture has found a milk dealer or handler to be indebted thereunder, such order and the findings of fact in support thereof shall be conclusive evidence of the amount due under such bond in a suit thereon by the Department, unless an appeal therefrom is pending and a supersedeas granted.
Code 1935, §  654J;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3173;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter V. Dealers’ and Handlers’ Bonds › § 3174. Distribution of proceeds of bond or collateral.

§ 3174. Distribution of proceeds of bond or collateral.
The Department of Agriculture shall prescribe the procedure for the payment, out of the proceeds of any bond or collateral required by this subchapter, of the amounts found due to producers or handlers or dealers, based on sales or deliveries of milk by them to a milk dealer or handler who has posted a bond or collateral. If the proceeds of a bond or of collateral which has been posted by a milk dealer or handler shall be insufficient to pay in full the amounts due to producers who have sold or supplied milk to such milk dealer or handler, the moneys available shall be divided pro rata among such producers.
Code 1935, §  654K;  48 Del. Laws, c. 376, §  1;  3 Del. C. 1953, §  3174;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter VI. Fresh Milk › § 3175. Definitions.

§ 3175. Definitions.
(a) “Delaware fresh milk” means milk consisting entirely of fresh milk produced in Delaware.
(b) “Fresh milk” means milk offered for sale to the public which has not been dehydrated, rehydrated or reconstituted in whole or in part and shall not contain caseins, casein products, or caseinates other than those caseins, casein products, or caseinates which occur naturally.
(c) “Northeastern fresh milk” means milk consisting entirely of fresh milk produced in Delaware, Maryland, New Jersey, Pennsylvania, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire or Maine.
76 Del. Laws, c. 333.;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter VI. Fresh Milk › § 3176. Labeling of milk.

§ 3176. Labeling of milk.
Milk containers may be labeled as “fresh”, “Delaware fresh” or “Northeastern fresh” as long as the requirements of § 3175 of this title are met.
76 Del. Laws, c. 333.;
2023 Delaware Code › Title 3 - Agriculture › Chapter 35. EGGS › § 3501. Definitions.

§ 3501. Definitions.
As used in this chapter, unless the context clearly requires a different construction:
(1) “Eggs” means eggs in the shell that are the product of domesticated chickens.
(2) “Consumer” means any person who acquires eggs for consumption in the person's own household and not for resale.
(3) “Institutional consumer” means a restaurant, hotel, boardinghouse or any other business, facility or place in which eggs are prepared or offered as food for use by its patrons, residents, inmates or patients.
(4) “Retailer” means any person who markets eggs to ultimate consumers.
(5) “Market” means sell, offer for sale, give in the channels of commerce, barter, exchange, or distribute in any manner.
(6) “Person” means any individual, producer, firm, partnership, exchange, association, trustee, receiver, corporation or any other entity and any member, officer, employee or agent thereof.
(7) “Grade” means specifications defining the limits of variation in quality of eggs in such a manner as to differentiate among classes of eggs, and the letter, number or other symbol by which reference thereto may be made.
(8) “Standard” means specifications of the physical characteristics of any or all of the component parts of individual eggs.
43 Del. Laws, c. 88, §  5;  3 Del. C. 1953, §  3501;  56 Del. Laws, c. 258, §  1;  84 Del. Laws, c. 42, § 24;
2023 Delaware Code › Title 3 - Agriculture › Chapter 35. EGGS › § 3502. Standards; grades; size-weight classes.

§ 3502. Standards; grades; size-weight classes.
The Department of Agriculture shall establish, and from time to time, may amend or revise standards, grades, and size-weight classes for eggs marketed in Delaware. In administering this section, the Department of Agriculture shall have due regard for the desirability of uniformity in the standards, grades and size-weight classes for eggs moving in intrastate and interstate commerce and may employ standards, grades or size-weight classes developed by the United States Department of Agriculture.
43 Del. Laws, c. 88, §  1;  3 Del. C. 1953, §  3502;  56 Del. Laws, c. 258, §  1;  57 Del. Laws, c. 764, §  14;
2023 Delaware Code › Title 3 - Agriculture › Chapter 35. EGGS › § 3503. Official quality grades and weight classes.

§ 3503. Official quality grades and weight classes.
The standards, grades, weight classes and tolerance for individual shell eggs adopted by the United States Department of Agriculture, Poultry Division of the Agricultural Marketing Service are adopted as the official standards, grades, weight classes and tolerance for this State. Such adopted standards apply to consumer grades only. Supplements to, and revisions of, the United States Department of Agriculture's standards, grades, weight classes and tolerance shall serve to effect similar changes in the standards, grades, weight classes and tolerance for this State.
Official standards for quality for individual shell eggs are:
Grade AA;
Grade A;
Grade B;
Unclassified.
43 Del. Laws, c. 88, §  2;  3 Del. C. 1953, §  3503;  56 Del. Laws, c. 258, §  1;