reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1921. Penalties.

§ 1921. Penalties.
(a) The Division is authorized to enforce the requirements of this chapter. The Court of Common Pleas has jurisdiction over contested violations issued under this section.
(b) A TNC or TNC driver who fails to comply with any requirement contained in this chapter may be assessed a civil penalty of up to $100 for a first violation, up to $500 for a second violation, and up to $1,000 for a third violation and subsequent violations. The penalties collected under this section will be remitted to the Division to be used for enforcement operations. To determine the amount of the fine, the Division shall consider all relevant mitigating factors, including without limitation:
(1) The severity of the violation; and
(2) The good faith of the person or entity charged with the violation in attempting to achieve compliance.
A TNC will not be subject to financial penalties under this subsection if, upon notice of the violation, the TNC takes corrective steps to remedy the violation within a reasonable time period, as determined by the Division.
(c) The Division may suspend or revoke a TNC permit if the TNC commits a pattern of violations that evidence the TNC's intentional disregard of public safety.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1922. Controlling authority.

§ 1922. Controlling authority.
The Division may promulgate rules and regulations consistent with this chapter that are necessary to ensure compliance with this chapter or to address new industry developments not addressed explicitly in this chapter. Notwithstanding any other provision of law, TNCs and TNC drivers are governed exclusively by this chapter and any rules promulgated by the Division consistent with this chapter. A municipality or other local entity may not:
(1) Impose a tax on, or require a license for, a TNC, a TNC driver, or a vehicle used by a TNC driver where such tax or licenses relates to providing prearranged rides;
(2) Require a TNC or a TNC driver to obtain a business license or any other type of similar authorization to operate within the jurisdiction; or
(3) Subject a TNC or a TNC driver to the municipality or other local entity's rate, entry, operational or other requirements.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 20. PUBLIC-PRIVATE INITIATIVES PROGRAM IN TRANSPORTATION › § 2001. Findings and declaration of policy.

§ 2001. Findings and declaration of policy.
The General Assembly hereby finds and declares that:
(a) It is essential for the economic, social and environmental well being of the State and the maintenance of a high quality of life that the citizens of the State have an efficient transportation system.
(b) The State has limited resources to fund the maintenance and expansion of the State transportation system and therefore alternative funding sources should be developed to supplement public revenue sources.
(c) A significant alternative to public revenue sources is a public-private sector initiatives program permitting private entities to undertake all or a portion of the study, planning, design, development, financing, acquisition, installation, construction, improvement, expansion, repair, operation and maintenance of public transportation projects for the citizens of Delaware in exchange for the right to lease or own the facilities for an agreed-upon period and earn a reasonable rate of return through tolls or user fees.
(d) In addition to alleviating the strain on the public treasury and allowing the State to use its limited resources for other needed projects, public-private initiative projects also do all of the following:
(1) Take advantage of private sector efficiencies in designing and building transportation projects and financial and development expertise;
(2) Allow for the rapid formation of capital necessary for funding transportation projects;
(3) More quickly reduce congestion in existing transportation corridors and provide the public with alternate route and mode selections;
(4) Provide the opportunity to link transportation investments with land use measures which further the State's growth management and clean air policies;
(5) Provide sound investment opportunities for the private sector; and
(6) Require continued compliance with environmental requirements and applicable state and federal laws that all publicly financed projects must address.
(e) The Department should be permitted and encouraged to test the feasibility of building privately-funded transportation systems and facilities through innovative agreements with the private sector by developing projects, and the Secretary should be granted authority to entertain, solicit, evaluate, negotiate and administer such agreements.
(f) The Department is encouraged and authorized to take full advantage of every financing opportunity and mechanism provided by federal legislation, including transportation legislation facilitating federal financing or grants for construction, improvement, leasing, operation or related functions as to roads, bridges, tunnels or other transportation systems.
(g) A Public-Private Initiatives Program Revolving Loan Fund, which would allow available federal and State funds to be leveraged, should be established to provide a source of public funds for partial financing of projects.
70 Del. Laws, c. 280, §  1;  74 Del. Laws, c. 69, §§  82-84;
2023 Delaware Code › Title 2 - Transportation › Chapter 20. PUBLIC-PRIVATE INITIATIVES PROGRAM IN TRANSPORTATION › § 2002. Definitions.

§ 2002. Definitions.
As used in this chapter, unless the context indicates a different intent:
(a) “Agreement” means an agreement entered into by the Secretary and one or more contracting parties for a project.
(b) “Contracting party” means any individual, corporation, partnership, company, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated association, body politic, authority or any other form of entity not specifically listed herein entering into an agreement with the Secretary for a project.
(c) “Project” means any public transportation project undertaken under this chapter.
(d) “Department” means the Department of Transportation.
(e) “Metropolitan planning organization” means a metropolitan planning organization established and designated pursuant to 23 U.S.C. § 134 (1993).
(f) “Secretary” means the Secretary of Transportation.
(g) “Transportation System” means any capital-related improvement and addition to the State's transportation infrastructure, including but not limited to highways, roads, bridges, vehicles and equipment, ports and marine-related facilities, park and ride lots, rail and other transit systems, facilities, stations and equipment, rest areas, tunnels, airports, transportation management systems, control/communications/information systems and other transportation-related investments, or any combination thereof.
70 Del. Laws, c. 280, §  1;  74 Del. Laws, c. 69, §§  82, 85;
2023 Delaware Code › Title 2 - Transportation › Chapter 20. PUBLIC-PRIVATE INITIATIVES PROGRAM IN TRANSPORTATION › § 2004. Ownership and lease of project transportation systems.

§ 2004. Ownership and lease of project transportation systems.
(a) Agreements may provide for either private or State ownership of the project during the construction period, depending on the project structure determined by the Secretary. Each agreement shall provide for State ownership or control of the underlying real property at all times, except as provided in subsection (b) or subsection (c) of this section. After completion and final acceptance of each project, or discrete segment thereof, the agreement shall provide for State ownership of the project and lease to the contracting party, unless the State elects to provide for ownership of the project or portion thereof by the contracting party during the term of the agreement in which case the agreement shall provide for the transfer of the project to the State at no charge at the expiration of the term of the agreement. The State shall lease each of the projects, or applicable project segments, to the contracting parties for up to 50 years after completion of such projects. An agreement may provide for lease payments to consist of royalties.
(b) If state ownership or control of railroad rights-of-way used in a project is not feasible, for example, but not by way of limitation, due to federal ownership of said rights-of-way, an agreement for a project may nonetheless be approved, subject to the following limitations:
(1) State ownership or control of any other real property utilized in the project, as well as compliance with all other provisions of subsection (a) of this section, shall nonetheless be required;
(2) The negotiations on the rate of return to the contracting party during the term of the agreement shall take this reduced ownership/control factor into account; and
(3) All expenses relating to the indemnification of the owner of any railroad rights-of-way must be borne by the contracting party, notwithstanding the provisions of § 2008 of this title.
(c) An agreement for a project in which the state does not assume ownership or control of the underlying real property involved in the project may be approved, subject to the following limitations:
(1) Compliance with all other provisions of subsection (a) of this section shall nonetheless be required;
(2) The negotiations on the rate of return to the contracting party during the term of the agreement shall take this reduced ownership/control factor into account; and
(3) All expenses relating to the indemnification of the owner of any such real property must be borne by the contracting party, notwithstanding the provisions of § 2008 of this title.
70 Del. Laws, c. 280, §  1;  71 Del. Laws, c. 150, §§  80, 81;  72 Del. Laws, c. 164, §  2;  74 Del. Laws, c. 69, §§  82, 93;
2023 Delaware Code › Title 2 - Transportation › Chapter 20. PUBLIC-PRIVATE INITIATIVES PROGRAM IN TRANSPORTATION › § 2005. Exercise of Department's powers.

§ 2005. Exercise of Department's powers.
For purposes of facilitating these projects and to assist the contracting parties in the financing, development, construction leasing, maintenance and operation of such projects, the agreements may include provisions for the Department to exercise any powers conferred upon it by law, including but not limited to the lease of rights of way and airspace, granting of necessary easements and rights of access, power of eminent domain, granting of development rights and opportunities, issuance of permits or other authorizations, protection from competition, remedies in the event of default of either of the parties, granting of contractual and real property rights, liability during construction and the term of the lease, and the authority to negotiate acquisition of rights of way in excess of appraised value. Amounts paid by a contracting party for any right-of-way in excess of the appraised value thereof may be considered a contribution to the project only to the same extent that such excess amounts could be paid by the Department to acquire the right-of-way under applicable law.
70 Del. Laws, c. 280, §  1;  74 Del. Laws, c. 69, §§  82, 94;
2023 Delaware Code › Title 2 - Transportation › Chapter 20. PUBLIC-PRIVATE INITIATIVES PROGRAM IN TRANSPORTATION › § 2007. Reimbursement for services rendered by department or other State agencies.

§ 2007. Reimbursement for services rendered by department or other State agencies.
(a) Police services. — Each project is deemed to be part of the State Transportation System. The Delaware State Police shall have primary jurisdiction over each project except with respect to all or any portion of a project located in a jurisdiction where primary law enforcement responsibility is delegated to another law enforcement agency by law or by applicable status of forces agreements or otherwise. Each law enforcement agency rendering services pursuant to the above shall receive reimbursement for such services in accordance with an agreement that the contracting party shall enter into with such agency.
(b) Maintenance services. — Agreements for maintenance services may be entered into under this chapter with the Department or other State agencies, provided that such agreements shall provide for full reimbursement for services rendered by the Department or such other agencies.
(c) Coordination of permits and licenses. — The Department shall, with the mandatory assistance of all applicable State agencies and departments, establish a unified permitting and licensing process in the Department for the processing and issuance of all necessary permits and licenses for projects under this chapter, including, but not limited to, all environmental permits, businesses and tax licenses and transportation permits. The Department shall seek the cooperation of federal and local agencies to expedite all necessary federal and local permits, licenses and approvals necessary for the projects, provided, however, that the agreements shall provide for full reimbursement for services rendered by the Department or other agencies.
(d) Other. — The Department may provide services for which it is reimbursed including, but not limited to, preliminary planning, environmental certification (including the procurement of all necessary environmental permits), and preliminary design of the projects.
70 Del. Laws, c. 280, §  1;  74 Del. Laws, c. 69, §  82;
2023 Delaware Code › Title 2 - Transportation › Chapter 20. PUBLIC-PRIVATE INITIATIVES PROGRAM IN TRANSPORTATION › § 2008. Liability coverage; indemnification.

§ 2008. Liability coverage; indemnification.
Each agreement must require that liability insurance coverage of an amount appropriate to protect the project's viability is secured and maintained by the contracting party. Each agreement may provide for State indemnification of the contracting party for design and construction liability where the State has approved relevant design and construction plans.
70 Del. Laws, c. 280, §  1;  74 Del. Laws, c. 69, §  82;
2023 Delaware Code › Title 2 - Transportation › Chapter 20. PUBLIC-PRIVATE INITIATIVES PROGRAM IN TRANSPORTATION › § 2009. Other agreement provisions.

§ 2009. Other agreement provisions.
(a) Grant of rights to contracting party. — An agreement may include provisions authorizing the State to grant necessary easements and lease to a contracting party existing rights of way or rights of way subsequently acquired. An agreement may also include provisions to lease the airspace above or below the right of way associated with the project to the contracting party at less than fair market value during the term of the contracting party's lease of the project, provided that if the Department continues to lease the airspace rights to the contracting party after the expiration of such lease term, it must do so only at fair market value. The agreement may also grant the contracting party the right of first refusal to undertake projects utilizing real estate and airspace owned by the Department within or contiguous to the right of way, provided that in the judgment of the Secretary such projects must contribute to the public use and benefit of the project, and provided further that nothing herein shall derogate from the Department's power to declare real estate or airspace owned by the Department surplus to the needs of the Department pursuant to § 137 of Title 17 or any successor provision.
(b) Miscellaneous. — An agreement may include any contractual provision that is necessary to protect the project revenues required to repay the costs incurred to study, plan, design, finance, acquire, build, install, lease, operate, enforce laws, and maintain the transportation system including, but not limited to, a traffic guarantee, an equity guarantee or insurance provided that such provision will not unreasonably prohibit the development of essential public transportation systems and facilities.
70 Del. Laws, c. 280, §  1;  74 Del. Laws, c. 69, §§  82, 96;
2023 Delaware Code › Title 2 - Transportation › Chapter 20. PUBLIC-PRIVATE INITIATIVES PROGRAM IN TRANSPORTATION › § 2010. Operation of toll facility.

§ 2010. Operation of toll facility.
At the request of a contracting party operating a toll facility hereunder, the Department may adopt and enforce reasonable regulations consistent with State law which (i) set maximum and minimum speeds, (ii) exclude undesirable vehicles, cargoes, or materials from the use of the facility, (iii) establish high occupancy or express lanes for use during all or any part of a day and limit the use of such lanes to certain traffic, (iv) determine points of access, (v) determine truck/trailer multiples, (vi) determine truck weight stations, and (vii) determine truck weight limits.
70 Del. Laws, c. 280, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 20. PUBLIC-PRIVATE INITIATIVES PROGRAM IN TRANSPORTATION › § 2011. Plans and specifications.

§ 2011. Plans and specifications.
The plans and specifications for each project constructed pursuant to this chapter shall comply with the Department's standards for state projects and any applicable federal standards. Each project is deemed to be part of the state highway system for purposes of identification, maintenance standards, and enforcement of traffic laws and for the purposes of applicable sections of this title.
70 Del. Laws, c. 280, §  1;  74 Del. Laws, c. 69, §  82;
2023 Delaware Code › Title 2 - Transportation › Chapter 21. COMPLETE COMMUNITY ENTERPRISE DISTRICT › § 2101. Declaration of policy.

§ 2101. Declaration of policy.
It is the policy of this State to:
(1) Encourage development that maximizes the economic value to the citizens and the government of the State of both existing and new transportation infrastructure.
(2) Strategically deploy transportation funds in ways that meet the mobility needs of the people of the State at the lowest total economic cost to the people and government of the State.
(3) Encourage transportation solutions that enable the formation of new households in the State that have less than 1 vehicle per adult worker.
80 Del. Laws, c. 224, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 21. COMPLETE COMMUNITY ENTERPRISE DISTRICT › § 2102. Definitions.

§ 2102. Definitions.
As used in this chapter:
(1) “Complete Community Enterprise District” or “District” means an area of a municipality or county, or both, that meets the criteria set forth in §§ 2103 and 2104 of this title.
(2) “Department” means the Department of Transportation.
(3) “Farebox recovery ratio” means the fraction of a transit system's operating expenses which are met by the fares paid by passengers.
(4) “Level of service” means a qualitative measure describing operational conditions within a traffic stream based on service measures such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, and convenience.
(5) “Parcel of land” means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
(6) “Project” means any State-funded capital-related improvement or addition to the State's transportation infrastructure, including transit systems, facilities, stations and equipment, sidewalks, multi-use paths, protected bicycle lanes, and bicycle boulevards.
80 Del. Laws, c. 224, § 1;  83 Del. Laws, c. 38, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 21. COMPLETE COMMUNITY ENTERPRISE DISTRICT › § 2103. District designation.

§ 2103. District designation.
(a) Any municipality, county, or municipality-county partnership may enter into an agreement with the Department to create a Complete Community Enterprise District.
(b) (1) A municipality, county, or municipality-county partnership and the Department must agree on the boundaries of the District and must create a master development plan for the District that must subsequently be reviewed through the preliminary land use services process under Chapter 92 of Title 29 and adopted into the municipality's, county's, or municipality-county partnership's comprehensive plan.
(2) The master development plan required by paragraph (b)(1) of this section must, upon creation of the District, include enhanced mass transit routes in the District and maximize the use of walking and bicycling by residents and employees.
(3) The master development plan required by paragraph (b)(1) of this section may include the following:
a. A mix of parcels of land zoned for residential, commercial, light industrial, or institutional uses.
b. A guide for the specific design of the physical form, public spaces, and amenities of the District so that transit, walking, and cycling are safe and comfortable modes of travel for all the residents of the District.
c. An agreement on level of service requirements specific to the District.
(c) Once a master development plan has been created, the Department shall conduct a transportation planning study to evaluate existing and proposed future conditions in and around the District boundaries agreed to under this section. The study shall determine the effects of creating the District and identify the projects needed within the District to implement the policies defined in § 2105 of this title and the projects needed outside the District to meet the highway capacity and quality of service standards of the Department and the county or municipality in which the District is located. The Department shall publish this study on its website at least 10 business days prior to any hearing required under § 2662, §4962, or §6962 of Title 9 or § 312 of Title 22.
80 Del. Laws, c. 224, § 1;  83 Del. Laws, c. 38, § 2;
2023 Delaware Code › Title 2 - Transportation › Chapter 21. COMPLETE COMMUNITY ENTERPRISE DISTRICT › § 2104. District requirements.

§ 2104. District requirements.
A Complete Community Enterprise District must meet all of the following requirements:
(1) Be contiguous.
(2) Be no more than 9 square miles in area.
(3) Be a compact shape that is not a linear corridor.
(4) Be zoned and otherwise regulated such that the District may be developed at a density that is high enough to enable frequent transit service to the residents of the District.
(5) Exempt all development on all parcels of land included in the District from any municipal or county requirements for the provision of off-street parking.
(6) Contain more total area zoned for residential use than is zoned for commercial or other uses. Each parcel of land within the District must be zoned to maximize the use of transit, walking, and bicycling by residents and employees.
(7) Consist of more than 1 parcel and part of at least 1 parcel must be within a ½ mile of any of the following:
a. An existing bus or rail stop where passengers can board and alight.
b. A planned or existing bus or rail station.
(8) Include adjacent neighborhoods within a ½ mile of a bus or rail stop or planned or existing bus or rail station.
(9) Be part of a master development plan for the District that maximizes the use of transit, walking, and bicycling by residents and employees, as required under § 2103(b)(2) of this title.
80 Del. Laws, c. 224, § 1;  83 Del. Laws, c. 38, § 3;
2023 Delaware Code › Title 2 - Transportation › Chapter 21. COMPLETE COMMUNITY ENTERPRISE DISTRICT › § 2105. District policies.

§ 2105. District policies.
Once a District has been created, the Department shall:
(1) Develop transit capital improvement projects with the goal of increasing transit ridership in the District that would result in a greater farebox recovery ratio.
(2) Identify the most significant barriers to more trips via walking and cycling in the District and develop capital improvement projects to overcome those barriers.
(3) Assign Department capital improvement projects within a District the highest weight for multi-modal mobility, flexibility/access, as well as the weight equivalent to projects in Transportation Improvement Districts through the Department's project prioritization process under § 8419 of Title 29.
(4) Establish an engineering design goal of free flowing eighty-fifth percentile motor vehicle traffic speeds of 25 miles per hour or less for all streets and roads that are not limited access in the District.
(5) Refrain from developing any projects that expand road capacity in the District unless the Department can demonstrate that such projects will have no negative effect on transit access, pedestrian safety, or on the percentage of trips that can be made by bicycle under low traffic stress conditions.
80 Del. Laws, c. 224, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 21. COMPLETE COMMUNITY ENTERPRISE DISTRICT › § 2106. Authority, role, and responsibility of municipalities and counties.

§ 2106. Authority, role, and responsibility of municipalities and counties.
Nothing in this chapter may be construed to deny to a municipality or county its final decision making authority over proposed land use planning actions.
80 Del. Laws, c. 224, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 1. GENERAL PROVISIONS › § 102. Entry on lands.

§ 102. Entry on lands.
In order to accomplish the purposes of this title, the Department of Agriculture, its officers, employees, agents and servants, may enter upon any public or private premises, parks or cemeteries, or upon any lands of any person within this State, for the purpose of inspecting, examining, destroying, treating or experimenting upon insects and diseases.
21 Del. Laws, c. 216, §  6;  Code 1915, §  655;  Code 1935, §  573;  3 Del. C. 1953, §  105;  57 Del. Laws, c. 764, §  1B;
2023 Delaware Code › Title 3 - Agriculture › Chapter 1. GENERAL PROVISIONS › § 103. Periodic examination.

§ 103. Periodic examination.
The Department of Agriculture shall send at least one of its officers, agents or employees at least once a year into each county of the State, for the purpose of examining and determining thereby the healthfulness and general condition of the horticultural and agricultural interests.
Code 1935, §  574;  3 Del. C. 1953, §  106;  57 Del. Laws, c. 764, §  1B;
2023 Delaware Code › Title 3 - Agriculture › Chapter 1. GENERAL PROVISIONS › § 104. Failure to mark packages of fruit.

§ 104. Failure to mark packages of fruit.
Whoever, being a grower of any fruits, neglects or fails, after 10 days' notice by the Department of Agriculture, to comply with any order, rule or regulation of the Department of Agriculture shall be fined $5.00.
21 Del. Laws, c. 216, §  22;  22 Del. Laws, c. 101, §  1;  Code 1915, §  668;  Code 1935, §  586;  3 Del. C. 1953, §  108;  57 Del. Laws, c. 764, §  1B;  77 Del. Laws, c. 359, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 1. GENERAL PROVISIONS › § 105. Appropriations for agricultural societies.

§ 105. Appropriations for agricultural societies.
All moneys appropriated for the Delaware Crop Improvement Association, shall be payable only on warrants drawn by the Secretary of the Department of Agriculture. The Department of Agriculture shall examine into and verify all the items of expenditure proposed for any of such appropriations and nothing shall be paid out of any of such appropriations unless approved by the Department of Agriculture.
32 Del. Laws, c. 33, §  10;  Code 1935, §  606;  3 Del. C. 1953, §  109;  57 Del. Laws, c. 764, §  1C;  70 Del. Laws, c. 283, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 3. MARKETING › § 301. Duties.

§ 301. Duties.
The Department of Agriculture shall:
(1) Investigate the cost of production and marketing in all its phases;
(2) Gather and disseminate information concerning supply, demand, prevailing prices, and commercial movements, including common and cold storage of food products;
(3) Promote, assist and encourage the organization and operation of cooperative and other associations and organizations for improving the relations and services among producers, distributors and consumers of food products;
(4) Investigate the practice and methods and any specific transactions of commission merchants and others who receive, solicit, buy, handle on commission, or otherwise, food products;
(5) Act as mediator or arbitrator, when invited, in any controversy or issue that arises between producers and distributors and which affects the interest of the consumer;
(6) Act on behalf of the consumer in conserving and protecting the consumer's interests against excessive prices;
(7) Act as market adviser for producers and distributors, assisting them in economical and efficient distribution of food products at fair prices;
(8) Encourage the establishment of retail municipal markets and develop direct dealing between producers and consumers;
(9) Encourage the consumption of Delaware grown products within the State;
(10) Inspect and determine the grade and condition of farm produce both at collecting and receiving centers; and
(11) Take such means and use such powers, relative to shipment, transportation and storage of foodstuffs of any kind, as may be necessary and as it deems advisable or desirable in case of an emergency creating or threatening to create a scarcity of food within the State.
Code 1915, §  697I;  32 Del. Laws, c. 33, §  8;  33 Del. Laws, c. 50;  Code 1935, §  624;  3 Del. C. 1953, §  302;  57 Del. Laws, c. 764, §  2B;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 3. MARKETING › § 302. Powers; fees; Department of Agriculture's Inspection Fund; annual reports.

§ 302. Powers; fees; Department of Agriculture's Inspection Fund; annual reports.
(a) The Department of Agriculture may:
(1) Make rules and regulations for the grading, packing, handling, storage and sale of all food products within the State, not contrary to law;
(2) Enforce its rules and regulations by actions or proceedings in any court of competent jurisdiction;
(3) Provide official inspection upon request, to fix according to established trade custom; and collect fees for such inspection of farm products, and issue certificates showing the grade or other classification of such product at the time of inspection, which certificates shall be accepted in any court in this State as evidence of the true grade or other classification at the time inspected; and
(4) Provide testing of feeds, fertilizers, liming materials, frozen desserts, milk and milk products for the public and charge for the cost of these services.
(b) The fees collected by the Department of Agriculture for its inspection service shall be paid into the State Treasury and the State Treasurer shall deposit the same to the credit of a special fund entitled “Department of Agriculture Inspection Fund,” from which necessary expenses of the Department of Agriculture for fruit, vegetable, poultry and grain inspections and the testing of feeds, fertilizers, liming materials, frozen desserts, milk and milk products shall be paid, upon proper vouchers signed by the Secretary of the Department of Agriculture. The Department of Agriculture's Inspection Fund shall be a revolving fund and no funds deposited therein shall revert to the General Fund of the State Treasury, except for funds appropriated by the 117th General Assembly to begin said Fund, which funds shall be paid back to the State Treasurer out of said Department of Agriculture's Inspection Fund on or before June 30, 1955. The Department of Agriculture shall annually, on or before January 31st, make a report to the Governor of all income and expenditures made from said Fund. A copy of said reports shall be given biannually, on or before January 31st, to the members of the General Assembly.
33 Del. Laws, c. 50;  Code 1935, §  624;  3 Del. C. 1953, §  303;  49 Del. Laws, c. 367, §  1;  57 Del. Laws, c. 601;  57 Del. Laws, c. 764, §§  2B-D;  66 Del. Laws, c. 78, §§  1, 2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 3. MARKETING › § 303. Expenses.

§ 303. Expenses.
All expenses incurred by the Department of Agriculture in the performance of its duties and powers except as provided by subsection (b) of § 302 of this title, shall be paid from funds appropriated for use of the Department of Agriculture.
Code 1915, §  697I;  32 Del. Laws, c. 33, §  8;  33 Del. Laws, c. 50;  Code 1935, §  624;  3 Del. C. 1953, §  304;  49 Del. Laws, c. 367, §  2;  57 Del. Laws, c. 764, §§  2B, D;
2023 Delaware Code › Title 3 - Agriculture › Chapter 3. MARKETING › § 304. Employees.

§ 304. Employees.
Federal certificate clerks, federally licensed grain inspectors, and other federally licensed inspectors and graders who are permanent state employees, whether or not the State is reimbursed by the federal government for their services, shall be classified employees subject to Chapter 59 of Title 29.
59 Del. Laws, c. 555, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 3. MARKETING › § 305. Delaware Agriculture Marketing Fund.

§ 305. Delaware Agriculture Marketing Fund.
(a) There is established a Delaware Agriculture Marketing Fund to which shall be credited all funds appropriated by the General Assembly of this State for the administration of this chapter, and all funds received through the sale of promotion and marketing products under this chapter.
(b) All revenues derived from the sale of promotion and marketing products under the administration of the Delaware Department of Agriculture shall be paid to the State Treasurer and credited to the Delaware Agriculture Promotion Fund for use in connection with agricultural promotion or marketing.
65 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 4. DELAWARE AQUACULTURE ACT › § 402. Declaration of purpose.

§ 402. Declaration of purpose.
The General Assembly finds and declares it to be in the interest of the general welfare and economic prosperity of the State to have a comprehensive and ongoing program to promote and encourage aquacultural activities. The General Assembly further declares aquaculture in a closed system to be an agricultural activity under the authority of the Department of Agriculture which shall coordinate these types of aquacultural activities in the State.
67 Del. Laws, c. 439, §  1;  79 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 4. DELAWARE AQUACULTURE ACT › § 404. Aquaculture technical assistance and marketing program.

§ 404. Aquaculture technical assistance and marketing program.
The Department shall develop and implement a technical assistance and marketing program to assist owners and operators of aquacultural facilities and to promote Delaware aquaculture products. This program will be done in conjunction with, and shall be consistent with, the Department's responsibilities as defined in Chapter 3 of this title. The Department's program shall include, but not be limited to, the following:
(1) Maintain a complete list of aquaculturalists engaged in the production of any aquacultural product and shall maintain a separate list of closed system aquaculture operations;
(2) Coordinate with Delaware Department of Natural Resources and Environmental Control to maintain a complete list of aquaculturalists;
(3) Encourage the viability and profitability of aquaculture operations and to promote consumption of Delaware grown aquaculture products within and outside the State.
67 Del. Laws, c. 439, §  1;  69 Del. Laws, c. 103, §  4;  79 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 4. DELAWARE AQUACULTURE ACT › § 405. Limitations.

§ 405. Limitations.
Aquaculture activities shall not promote the introduction of any nonindigenous species that harbor disease, parasites or are capable of surviving and adversely competing with indigenous plant or animal species.
67 Del. Laws, c. 439, §  1;  79 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 4. DELAWARE AQUACULTURE ACT › § 406. Authority of the Department.

§ 406. Authority of the Department.
(a) The Department, in accordance with the administrative procedures and provisions set forth in Chapter 101 of Title 29, shall have the authority to promulgate regulations, which shall have the force and effect of law, to enhance and control closed system aquaculture in this State.
(b) Any authorized employee of the Department, after determining there is probable cause that there has been a violation of this chapter or any regulation promulgated by the Department, may do the following without obtaining a warrant beforehand:
(1) Search, examine and/or inspect any vehicle or conveyance in which cultured aquatic stock may be present for the purpose of determining compliance with Chapter 4 of this title or any regulation promulgated by the Department;
(2) Detain any person and/or person's vehicle for a reasonable length of time to conduct any search, examination and/or inspection thereof for the purpose of determining compliance with Chapter 4 of this title; and
(3) Inspect, search and/or examine any registered aquaculture facility in the presence of any occupant of said facility to determine compliance with Chapter 4 of this title or any regulation promulgated by the Department.
69 Del. Laws, c. 103, §  5;  79 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 4. DELAWARE AQUACULTURE ACT › § 407. Fee fishing operations.

§ 407. Fee fishing operations.
(a) It shall be lawful for any person to fish, without being licensed to fish in this State, within an aquaculture facility designated as a fee fishing operation and registered as same with the Department of Agriculture.
(b) The owner(s) of a fee fishing operation shall apply to the Department of Agriculture to register his or her fee fishing operation. The fee fishing operation shall meet with the following requirements, subject to inspection and approval by the Department of Natural Resources and Environmental Control, prior to the Department of Agriculture approving the registration:
(1) The fee fishing operation shall be a closed system; and
(2) The fee fishing operation shall not contain any wild finfish.
(c) When authorized by the owner of a fee fishing operation, it shall be lawful for a person to take and/or possess those species or hybrids thereof permitted according to § 903(j) of Title 7, without regard to any seasonal restrictions, size limits or creel limits.
(d) Any person in possession of cultured aquatic stock lawfully taken from a fee fishing operation shall be issued a receipt for same by the owner or owner's agent of that fee fishing operation. This receipt shall include the name and address of the fee fishing operation, the date the cultured aquatic stock were taken, the identification and number of each species of cultured aquatic stock taken, and the signature of the person to whom the receipt is issued. This receipt shall remain in the possession of the person who took the cultured aquatic stock from the fee fishing operation until that person enters his or her personal abode or temporary or transient place of lodging. The owner or owner's agent of the fee fishing operation shall maintain a copy of each receipt for a period of at least 1 year from the date of issuance.
(e) Unless otherwise authorized, it shall be unlawful for any person to possess any cultured aquatic stock that remain alive after legally taking same from a fee fishing operation.
69 Del. Laws, c. 103, §  5;  79 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 4. DELAWARE AQUACULTURE ACT › § 408. Aquaculture registration.

§ 408. Aquaculture registration.
The owner(s) of an aquaculture facility shall register same with the Department of Agriculture on forms and in accordance with procedures established by the Department of Agriculture. The Department of Agriculture shall promulgate regulations to establish criteria for the registration of an aquaculture facility. The Department of Agriculture shall maintain a registry of aquaculture facilities to assist in the administration of the State aquaculture program. Aquaculture facility registration shall be valid for 5 years from the date of issue. The owner of an aquaculture facility shall renew the registration of the facility in the event of any change in ownership or a significant change in operations.
69 Del. Laws, c. 103, §  5;  79 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 4. DELAWARE AQUACULTURE ACT › § 409. Suspension or revocation of registration.

§ 409. Suspension or revocation of registration.
The Department of Agriculture may, after due notice, suspend or revoke any aquaculture registration which does not comply with the requirements of this chapter or the regulations promulgated by the Department of Agriculture. A person affected by such suspension or revocation may request a hearing before the Department of Agriculture. A hearing shall be held within 30 days after the request. Within 30 days after the hearing, the Department of Agriculture shall affirm, withdraw or modify its action by an order based upon the record of the hearing. An appeal from that order may be taken to the Superior Court within 30 days of the suspension or revocation order. If no request for a hearing is made within 30 days of the suspension or revocation order, the suspension or revocation will be effective and the registration is suspended or revoked. All fines and penalties for violations of this subsection shall be paid to the Department of Agriculture and deposited in the general fund account.
69 Del. Laws, c. 103, §  5;  79 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 4. DELAWARE AQUACULTURE ACT › § 410. Aquaculture facility protection.

§ 410. Aquaculture facility protection.
It shall be unlawful for any person, without the written consent of the owner, to remove, destroy or release cultured aquatic stock from a registered aquaculture facility or introduce any toxic substance directly or indirectly into the waters of a registered aquaculture facility.
69 Del. Laws, c. 103, §  5;  79 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 5. STATE CHEMIST › § 501. Appointment.

§ 501. Appointment.
The Department of Agriculture shall appoint a suitable person to serve as State Chemist.
29 Del. Laws, c. 48, §  1;  Code 1935, §  688;  3 Del. C. 1953, §  501;  57 Del. Laws, c. 764, §  3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 5. STATE CHEMIST › § 502. Compensation.

§ 502. Compensation.
The State Chemist shall receive such compensation for the State Chemist's services and expenses as may be fixed by the Department of Agriculture, to be paid out of funds of the State Treasury, in the same manner as other necessary expenses of the State are now paid, as provided by law.
Code 1915, §  705;  29 Del. Laws, c. 48, §  1;  Code 1935, §  696;  3 Del. C. 1953, §  502;  57 Del. Laws, c. 764, §  3;  84 Del. Laws, c. 42, § 5;
2023 Delaware Code › Title 3 - Agriculture › Chapter 5. STATE CHEMIST › § 503. False analysis, penalty.

§ 503. False analysis, penalty.
Whoever, being the State Chemist, wilfully makes any false or untrue analysis, shall be fined not more than $100, and shall be imprisoned until the fine is paid.
16 Del. Laws, c. 348;  17 Del. Laws, c. 438, §  13;  Code 1915, §  709;  Code 1935, §  708;  3 Del. C. 1953, §  503;
2023 Delaware Code › Title 3 - Agriculture › Chapter 6. DELAWARE VITICULTURE ACT › § 602. Declaration of purpose.

§ 602. Declaration of purpose.
The General Assembly finds and declares it to be in the interest of the general welfare and economic prosperity of the State to have a comprehensive and ongoing program to promote and encourage viticultural activities. The General Assembly further declares viticulture an agricultural activity and that the Department of Agriculture shall coordinate viticultural activities in the State.
68 Del. Laws, c. 338, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 6. DELAWARE VITICULTURE ACT › § 603. Definitions.

§ 603. Definitions.
As used in this chapter:
(1) “Department” means the Department of Agriculture.
(2) “Commission” means the Alcoholic Beverage Control Commission.
(3) “Secretary” means the Secretary of the Department of Agriculture.
(4) “Viticulture” means the cultivation, production or marketing of any grape variety that is cultivated, produced or marketed as a cultivated crop in this State.
68 Del. Laws, c. 338, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 6. DELAWARE VITICULTURE ACT › § 604. Viticulture technical assistance and marketing program.

§ 604. Viticulture technical assistance and marketing program.
The Department shall develop and implement a technical assistance program to assist the owners and operators of viticultural facilities and to promote Delaware viticulture products. This program will be done in conjunction with, and shall be consistent with, the Department's responsibilities as defined in § 103 of this title. The Department's program shall include, but not be limited to, the following:
(1) Maintain a complete list of viticulturalists engaged in the production of any viticultural product for the purpose of certifying those viticulturists as bonafide Delaware viticulture producers.
(2) Develop and administer procedures for possession, processing, sale, delivery, transportation or exporting of viticulture products that comply with all federal and state laws, except where production of viticulture products into wine is regulated by the Commission.
(3) Encourage the viability and profitability of viticulture operations and to promote the consumption of Delaware-grown viticulture products within and outside the State.
68 Del. Laws, c. 338, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 6. DELAWARE VITICULTURE ACT › § 605. Delaware Viticulture Council.

§ 605. Delaware Viticulture Council.
(a) A Delaware Viticulture Council is hereby created for the purposes of assisting the Department with the enhancement and promotion of viticulture activities and operations within the State. Duties of the Council shall include, but not be limited to, the following:
(1) Examine the impact of laws and regulations on the viticulture industry and recommend to the Secretary methods to simplify regulatory processes or otherwise enhance the regulatory climate with respect to the efficient siting and operation of viticulture operations;
(2) Examine the viticulture incentive programs used by other states, determine those programs used, determine programs that would best enhance viticulture operations and report to the Secretary on what actions are required to address these needs;
(3) Examine research and educational needs as they relate to the improvement of management and operations of viticulture operations and report to the Secretary on what actions are required to address these needs;
(4) Respond to requests of the Secretary to examine other issues relating to the enhancement of viticulture activities and operations in Delaware.
(b) The Council shall be composed of no less than 12 members. Members shall include:
(1) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary's designee;
(2) The Director of the Division of Small Business or the Director's designee;
(3) A representative of the University of Delaware to be appointed by the President of the University;
(4) A representative of Delaware State University to be appointed by the President of the University;
(5) A representative of the Delaware Farm Bureau to be appointed by the President of the Delaware Farm Bureau;
(6) Three individuals that are actively involved in commercial viticulture activities or operations to be appointed by the Chairperson of the Council;
(7) Three individuals with an interest in viticulture activities to be appointed by the Chairperson of the Council.
(c) The Secretary shall act as chairperson of the Council, or may appoint a designee.
68 Del. Laws, c. 338, §  1;  69 Del. Laws, c. 67, §  2;  69 Del. Laws, c. 458, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  5;  81 Del. Laws, c. 374, § 34;