reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1910. Penalties.

§ 1910. Penalties.
Any person convicted of violating this chapter or the rules and regulations promulgated thereunder shall be fined not less than $50 nor more than $200 to be enforced by summary proceedings in a court of competent jurisdiction. Nothing in this chapter shall be construed as requiring the Department or its authorized agent to report for prosecution, or for the institution of seizure proceedings as a result of, minor violations of this chapter when they believe that the public interest will best be served by a suitable written warning.
3 Del. C. 1953, §  1910;  57 Del. Laws, c. 690;  57 Del. Laws, c. 764, §  9;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1911. Assessment for deficiency.

§ 1911. Assessment for deficiency.
(a) If the analysis of any agricultural liming material shall fall as much as, or more than, 10% in value below the value of the manufacturer's guarantee, the Department of Agriculture shall assess twice the value of such deficiency against the manufacturer, dealer or agent who sold such agricultural liming material. The assessment shall be based upon the selling price of such agricultural liming material, and the Department of Agriculture shall require the manufacturer, dealer or agent to make good such assessment to all persons who purchased such lot of agricultural liming material from which such deficient sample or samples were drawn, take receipt therefor and forward it promptly to the Department of Agriculture. If the purchaser or purchasers cannot be found, the amount of such assessment shall be paid to the Department of Agriculture who shall transfer such funds to the State Treasurer to be credited to the General Fund of this State.
(b) The Department of Agriculture may seize any agricultural liming material belonging to such manufacturer, dealer or agent, if the assessment shall not be paid within 3 months after notice to such manufacturer, dealer or agent has been given by the Department of Agriculture.
3 Del. C. 1953, §  1911;  57 Del. Laws, c. 690;  57 Del. Laws, c. 764, §  9;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1912. Rules and regulations.

§ 1912. Rules and regulations.
The Department, after reasonable notice and hearing, is empowered to promulgate and enforce rules and regulations for the administration of this chapter and to grant exemptions from specific requirements of this chapter as, from time to time, may be deemed necessary.
3 Del. C. 1953, §  1912;  57 Del. Laws, c. 690.;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1913. Publications.

§ 1913. Publications.
The Department shall publish at least semiannually, in such forms as it may deem proper, a report of the results of the analyses of official samples of liming materials sold within the State as compared with the analyses guaranteed in the registration and on the label.
3 Del. C. 1953, §  1913;  57 Del. Laws, c. 690.;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1914. Delegation of duties.

§ 1914. Delegation of duties.
All authority vested in the Department of Agriculture by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Department of Agriculture as may be designated for such purpose.
3 Del. C. 1953, §  1914;  57 Del. Laws, c. 690.;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2101. Title.

§ 2101. Title.
This chapter shall be known as the Delaware Commercial Fertilizer and Soil Conditioner Law of 2021.
3 Del. C. 1953, §  2101;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2102. Enforcing agency.

§ 2102. Enforcing agency.
This chapter shall be administered by the State Department of Agriculture of the State, hereinafter referred to as the Department.
3 Del. C. 1953, §  2102;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2104. Registration.

§ 2104. Registration.
(a) Each brand and grade of commercial fertilizer shall be registered before being distributed in this State. The application for registration shall be submitted to the Department on a form furnished by the Department, and shall be accompanied by a fee of $1.15 per each grade of each brand, except those fertilizers sold in packages of 10 pounds or less shall be registered at a fee of $40 per each grade of each brand. Upon approval by the Department, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
(1) The net weight;
(2) The brand and grade;
(3) The guaranteed analysis;
(4) The name and address of the registrant.
(b) Each soil conditioner before being distributed in the State will be registered. The application for this registration will include a label or facsimile thereof for said material, and the Department may require proof to substantiate claims made for the material.
(c) Notwithstanding subsections (a) and (b) of this section, a distributor shall not be required to register any commercial fertilizer or soil conditioner which is already registered under this chapter by another person, providing the label does not differ in any respect.
(d) Also, notwithstanding any other provision of this section, a distributor shall not be required to register custom blends of commercial fertilizer or soil conditioner, but shall be required to register his or her firm at a fee of $100 for each individual facility distributing custom blends in the state and to label such fertilizer as provided in § 2105(b) of this title. All registrations expire on December 31 of each year.
(e) All amendments to the terms of registration or application therefor are subject to fees specified in subsection (a) of this section and § 2106 of this title.
3 Del. C. 1953, §  2104;  58 Del. Laws, c. 157;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2105. Labels.

§ 2105. Labels.
(a) Any commercial fertilizer distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the information required by § 2104(a)(1)-(4) of this title. In case of bulk shipments, this information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.
(b) A commercial fertilizer formulated according to the open formula method according to specifications furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis of each ingredient, and the name and address of the distributor; and after mixing, the guaranteed analysis on the label is to be determined by percentage of weight of a ton the same as is defined under “grade” in § 2103 of this title.
3 Del. C. 1953, §  2105;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2107. Inspection; sampling; analysis.

§ 2107. Inspection; sampling; analysis.
(a) It shall be the duty of the Secretary to sample, inspect, and test commercial fertilizers or soil conditioners distributed within this State at any time and place and to such an extent as the Secretary may deem necessary to determine whether such commercial fertilizers or soil conditioners are in compliance with the provisions of this chapter. The Secretary, individually or through the Secretary's agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers or soil conditioners subject to the provisions of this chapter and the rules and regulations pertaining thereto, and to the records relating to their distribution; provided, however, that the action of the Secretary or the Secretary's agent hereunder shall be with the consent of the person having control over the property in which such fertilizer or soil conditioner is kept, and if without such consent, then the Secretary or the Secretary's agent is to obtain a valid search warrant therefor, specifying the premises to be searched and the purpose of the search, and setting forth probable cause.
(b) The methods of analysis and sampling shall be those adopted by the Association of Official Analytical Chemists International. In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the Secretary may adopt such appropriate methods from other sources.
(c) The Secretary, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the “official sample” as defined in § 2103 of this title, and obtained and analyzed as provided for in subsection (b) of this section.
(d) The results of official analysis of commercial fertilizers or soil conditioners and portions of official samples shall be distributed by the Secretary as provided in the regulations.
3 Del. C. 1953, §  2107;  58 Del. Laws, c. 157;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 140, § 1;  84 Del. Laws, c. 42, §§ 1, 16;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2108. Plant food deficiency.

§ 2108. Plant food deficiency.
(a) If analysis shows that a commercial fertilizer is deficient in 1 or more of its guaranteed primary plant foods (NPK) beyond the “investigational allowances” as established by published regulation, or if the overall index value of the fertilizer is below the level established by regulation, a penalty of 2.3 times the commercial value (as defined in § 2109 of this title) of such deficiency(s) shall be assessed. When a fertilizer is subject to a penalty under both, the larger penalty payment shall apply.
(b) Deficiencies beyond the investigational allowances as established by regulation as provided in subsection (a) of this section in any other constituent(s) covered under § 2103(8)b., c., and d. of this title, which the registrant is required to or may guarantee, shall be evaluated and penalties prescribed therefor by the Secretary by published regulation.
(c) All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within 3 months after the date of notice from the Secretary to the registrant, receipts taken therefor and promptly forwarded to the Secretary. If said consumers cannot be found, the amount of the penalty shall be paid to the Department which shall deposit same in the General Fund.
(d) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly subject to official action.
3 Del. C. 1953, §  2108;  58 Del. Laws, c. 157;  67 Del. Laws, c. 260, §  1;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2109. Commercial value.

§ 2109. Commercial value.
For the purpose of determining the commercial values to be applied under the provisions of § 2108 of this title, the Secretary shall determine and publish annually the values per unit of nitrogen, available phosphate, and soluble potash in commercial fertilizers in this State. The values so determined and published shall be used in determining and assessing penalties.
3 Del. C. 1953, §  2109;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2110. Misbranding.

§ 2110. Misbranding.
No person shall distribute misbranded fertilizer or soil conditioner. A commercial fertilizer or soil conditioner shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If it is distributed under the name of another fertilizer product or soil conditioner;
(3) If it is not labeled as required in § 2105 of this title and in accordance with regulations prescribed under this chapter;
(4) If it purports to be or is represented as a commercial fertilizer or soil conditioner or is represented as containing a plant nutrient or commercial fertilizer or soil conditioner, unless such plant nutrient or commercial fertilizer or soil conditioner conforms to the definition of identity, if any, prescribed by regulation of the Secretary; in the adopting of such regulations the Secretary shall give due regard to commonly accepted definitions and official fertilizer or soil conditioner terms such as those issued by the Association of American Plant Food Control Officials.
3 Del. C. 1953, §  2110;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2111. Adulteration.

§ 2111. Adulteration.
No person shall distribute an adulterated fertilizer product or soil conditioner. A commercial fertilizer or soil conditioner shall be deemed to be adulterated:
(1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use which may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown upon the label;
(2) If its composition falls below or differs from that which it is purported to possess by its labeling;
(3) If it contains unwanted crop seed or weed seed.
3 Del. C. 1953, §  2111;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2112. Publications.

§ 2112. Publications.
The Secretary shall publish at least annually and in such forms as the Secretary may deem proper:
(1) Information concerning the distribution of commercial fertilizers and soil conditioners;
(2) Results of analyses based on official samples of commercial fertilizers distributed within the State as compared with the analyses guaranteed under §§ 2104 and 2105 of this title.
3 Del. C. 1953, §  2112;  58 Del. Laws, c. 157;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2113. Rules and regulations.

§ 2113. Rules and regulations.
The Secretary may prescribe and enforce such rules and regulations relating to investigational allowances, definitions, records, and the distribution of commercial fertilizers and soil conditioners as may be necessary to carry into effect the full intent and meaning of this chapter. All regulations promulgated pursuant to this chapter shall be published and made available to all citizens.
The Department of Agriculture may adopt any policies and regulations necessary to permit the registration and distribution of plant biostimulants when the use, registration, or distribution of plant biostimulants is permitted by the Association of American Plant Food Control Officials.
3 Del. C. 1953, §  2113;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2114. Fertilizer and soil conditioner short in weight.

§ 2114. Fertilizer and soil conditioner short in weight.
If any commercial fertilizer or soil conditioner in the possession of the consumer is found by the Secretary to be short in weight, the registrant of said commercial fertilizer or soil conditioner shall within 30 days after official notice from the Secretary pay to the consumer a penalty equal to 4 times the value of the actual shortage.
3 Del. C. 1953, §  2114;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2115. Cancellation of registrations.

§ 2115. Cancellation of registrations.
The Department may cancel the registration of any brand of commercial fertilizer or soil conditioner or refuse to register any brand of commercial fertilizer or soil conditioner as herein provided, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of this chapter or any rules and regulations promulgated thereunder; provided that no registration shall be revoked or refused until the registrant shall have been given the opportunity to appear for a hearing by the Secretary.
3 Del. C. 1953, §  2115;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2116. “Stop sale” orders.

§ 2116. “Stop sale” orders.
The Secretary may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lots of commercial fertilizer or soil conditioner to hold such commercial fertilizer or soil conditioner at a designated place when the Secretary finds that it is being offered or exposed for sale in violation of any of the provisions of this chapter, until the law has been complied with and said commercial fertilizer or soil conditioner is released in writing by the Secretary, or said violation has been otherwise legally disposed of by written authority. The Secretary shall release the commercial fertilizer or soil conditioner so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
3 Del. C. 1953, §  2116;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2117. Seizure, condemnation, and sale.

§ 2117. Seizure, condemnation, and sale.
Any lot of commercial fertilizer or soil conditioner not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the Secretary to a court of competent jurisdiction in the county in which said commercial fertilizer or soil conditioner is located. In the event 1 court finds the said commercial fertilizer or soil conditioner to be in violation of this chapter and orders the condemnation of said commercial fertilizer or soil conditioner, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer or soil conditioner and the laws of the State. Provided that in no instance shall the disposition of said commercial fertilizer or soil conditioner be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial fertilizer or soil conditioner or for permission to process or relabel said commercial fertilizer or soil conditioner to bring it into compliance with this chapter.
3 Del. C. 1953, §  2117;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2118. Violations.

§ 2118. Violations.
(a) If it shall appear from the examination of any commercial fertilizer or soil conditioner that any of the provisions of this chapter or the rules and published regulations issued thereunder have been violated, the Secretary shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken, and any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the Secretary. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this chapter or rules and regulations issued thereunder have been violated, the Secretary may certify the fact to the Attorney General.
(b) Any person convicted of violating any provision of this chapter or the rules and regulations issued thereunder shall be punished in the discretion of the Superior Court, which shall have exclusive original jurisdiction over offenses under this chapter.
(c) Nothing in this chapter shall be construed as requiring the Secretary or the Secretary's representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this chapter when the Secretary believes that the public interests will be best served by a suitable notice of warning in writing.
(d) It shall be the duty of the Attorney General to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(e) The Secretary is hereby authorized to apply for and the Court of Chancery is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter notwithstanding the existence of other remedies at law. Injunctions shall be issued without bond.
3 Del. C. 1953, §  2118;  58 Del. Laws, c. 157;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 140, § 1;  84 Del. Laws, c. 42, § 17;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2119. Hearing required.

§ 2119. Hearing required.
If, after notification by the Secretary of the Department's order penalizing any person under §§ 2108 and 2114 of this title, denying registration under § 2104 of this title, or cancelling registration under § 2115 of this title, any aggrieved person shall so demand in writing, the Secretary shall hold a hearing. At such hearing a record shall be kept of all evidence and testimony, which shall be under oath, and of the Secretary's findings and decisions. Based on the evidence presented and the law set forth in this chapter, as well as regulations adopted pursuant thereto, the Secretary shall affirm, revoke or modify the Department's original order.
3 Del. C. 1953, §  2119;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2120. Appeals.

§ 2120. Appeals.
Nothing in this chapter shall be construed to prohibit appeals to a court of competent jurisdiction by persons aggrieved by a decision of the Secretary under § 2119 of this title. Such an appeal shall be on the record and confined to a determination as to whether the Secretary abused his or her discretion, provided that no appeal shall stay an order by the Department.
3 Del. C. 1953, §  2120;  58 Del. Laws, c. 157;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2121. Exchanges between manufacturers.

§ 2121. Exchanges between manufacturers.
Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or soil conditioners to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer or soil conditioners to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.
3 Del. C. 1953, §  2121;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2122. Delegation of duties.

§ 2122. Delegation of duties.
All authority vested in the State Secretary of Agriculture by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Department of Agriculture as may be designated for said purpose.
3 Del. C. 1953, §  2122;  58 Del. Laws, c. 157;  83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › § 2123. Cooperation with other entities.

§ 2123. Cooperation with other entities.
The Department may cooperate and enter into agreements with governmental agencies of this State, other states, and agencies of the federal government in order to carry out the purpose and provisions of this chapter.
83 Del. Laws, c. 140, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter I. General Provisions › § 2201. Declaration of purpose.

§ 2201. Declaration of purpose.
The purposes of this chapter are:
(1) To regulate those activities involving the generation and application of nutrients in order to help improve and maintain the quality of Delaware's ground and surface waters and to meet or exceed federally mandated water quality standards, in the interest of the overall public welfare;
(2) To establish a certification program that encourages the implementation of best management practices in the generation, handling or land application of nutrients in Delaware;
(3) To establish a nutrient management planning program; and
(4) To formulate a systematic and economically viable nutrient management program that will both maintain agricultural profitability and improve water quality in Delaware.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter II. Delaware Nutrient Management Commission › § 2220. Delaware Nutrient Management Commission; general powers and duties.

§ 2220. Delaware Nutrient Management Commission; general powers and duties.
(a) The Delaware Nutrient Management Commission is hereby established. The Commission shall have the power to develop, review, approve and enforce regulations governing the certification of individuals engaged in the business of land application of nutrients and the development of nutrient management plans as set forth in this chapter. In addition, the Commission shall:
(1) Consider the establishment of critical areas for targeting of other voluntary or regulatory programs;
(2) Establish best management practices to reduce nutrient losses to the environment;
(3) Develop educational and awareness programs designed to voluntarily curtail use of nutrients by persons not otherwise covered by this chapter;
(4) Consider the development of a transportation and alternative use incentive program to move nutrients from areas with overabundance to areas needing nutrient sources;
(5) Make such other recommendations to the Secretary that it deems important for the furtherance of the goals of this Chapter; and
(6) Establish the elements and general direction of the State Nutrient Management Program.
(b) The Commission, in carrying out its duties under this chapter, shall consider comments from affected stakeholders and others interested in the activities of the Commission, including, but not limited to, the University of Delaware and other state and federal agencies, nonprofit groups, and others with an interest in nutrient management. In addition, the Commission shall consider prior work of the Governor's Agricultural Industry Advisory Committee on Nutrient Management.
(c) Notwithstanding the foregoing, the Commission shall not hold any person or persons certified pursuant to this chapter responsible for violations committed by another person.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter II. Delaware Nutrient Management Commission › § 2221. Adoption of regulations; voting; considerations.

§ 2221. Adoption of regulations; voting; considerations.
(a) With the guidance, advice and consent of the Commission, the Secretary shall, by July 1, 2000, develop and adopt regulations to implement this chapter. A majority vote of the full Commission shall constitute consent for purposes of this subsection. Regulations shall be adopted in accordance with the provisions of the Delaware Administrative Procedures Act.
(b) In developing regulations concerning nutrient management planning, the Secretary and the Commission shall consider any waste management planning requirements imposed on animal producers or nutrient users through their commercial processor and shall, to the maximum extent possible, strive to reduce any duplication in effort on the part of the contractor or property owner.
(c) The Commission may not approve any regulation and the Secretary may not promulgate any regulation that requires tilled lands to be converted for grass filter strips, vegetated and/or forested buffer strips along Delaware's lakes, streams, rivers, ponds, drainage ditches or any other natural or artificial conveyance system.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter III. State Nutrient Management Program › § 2240. State Nutrient Management Program; powers and duties of the Commission.

§ 2240. State Nutrient Management Program; powers and duties of the Commission.
The State Nutrient Management Program (SNMP) shall consist of:
(1) Certification of persons directly involved with the generation or application of nutrients within the State, as limited by § 2241 of this title;
(2) The development of and implementation of best management practices designed to improve water quality, optimize nutrient use and maintain a profitable agricultural industry in the State;
(3) Educational programs through which applicants shall be instructed in the best management practices established by the Commission;
(4) A method developed by the Commission and instituted prior to granting of any certificate to evaluate an applicant's comprehension of the best management practices established by the Commission; and
(5) Any other program elements instituted by the Commission.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter III. State Nutrient Management Program › § 2241. Requirement for certification; classifications.

§ 2241. Requirement for certification; classifications.
(a) Beginning January 1, 2004, all persons who conduct the following activities shall be duly certified by the Commission in accordance with Commission regulations or shall utilize a duly certified person or firm:
(1) Operate any animal feeding operation in excess of 8 animal units;
(2) Apply nutrients to lands in excess of 10 acres or waters as a component of a commercial venture or lands that he or she owns, leases or otherwise controls; or
(3) Advise or consult with persons required by this chapter to be certified by the Commission.
(b) The Commission shall establish by regulation the following classifications for certification of nutrient handlers for use in the SNMP:
(1) Nutrient generator:
a person within the State who operates a facility that produces organic or inorganic nutrients;
(2) Private nutrient handler:
A person in this State who applies organic or inorganic nutrients to lands or waters he or she owns, leases or otherwise controls;
(3) Commercial nutrient handler:
A person in this State who applies organic or inorganic nutrients to lands or waters as a component of a commercial or agricultural business in exchange for a fee or service charge;
(4) Nutrient consultant:
A person in this State who is engaged in the activities of advising or consulting regarding the formulation, application or scheduling of organic or inorganic nutrients within the State.
(c) The Commission may subclassify any certificates described in subsection (b) of this section as necessary. Separate subclassifications may be specified as to the method used by nutrient handlers to apply nutrients, the use of specific quantities or types of nutrients, or any other identifiable characteristics of nutrient management the Commission deems necessary.
(d) These certification requirements shall not apply to individuals who are performing nutrient application services under the direct supervision of a certified person as a private or commercial nutrient handler.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter III. State Nutrient Management Program › § 2242. Certification; applications.

§ 2242. Certification; applications.
(a) Applications for certification shall be made to the Commission in writing on a form designated by the Commission.
(b) The Commission shall develop and approve minimum criteria for certification, which shall be included in regulations promulgated by the Secretary.
(c) The Commission may establish by regulation a yearly fee not to exceed $100 for each certificate.
(d) If the Commission finds the applicant qualified to handle nutrients in the classifications the applicant has applied for, the Commission may issue a certificate limited to the classifications for which the applicant is qualified. The Commission may limit the certificate of the applicant based on any subclassification the Commission has established. If a certificate is not issued as applied for, the Commission shall inform the applicant in writing of the reasons therefor.
72 Del. Laws, c. 60, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter III. State Nutrient Management Program › § 2243. Same — Denial.

§ 2243. Same — Denial.
(a) The Commission may refuse to grant any certificate if the applicant fails to meet the minimum criteria for certification or has been found to have violated this chapter or Commission regulations related to the generation or application of nutrients in this State.
(b) All decisions of the Commission relating to the denial of a certificate shall be final and conclusive unless the person who was denied a certificate shall appeal that denial pursuant to provisions of § 2262 of this title.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter III. State Nutrient Management Program › § 2244. Same — Suspension, modification; revocation.

§ 2244. Same — Suspension, modification; revocation.
(a) The Commission may, after notice and opportunity for a hearing, suspend or modify any certificate granted under this chapter or fine any person against whom a complaint has been brought, or both, where the Commission has reasonable grounds to believe that the person against whom a complaint has been brought is responsible for any violations of this chapter or Commission regulations. The Commission shall furnish the person accused of a violation with notice of the time and place of hearing, which notice shall be served personally or by registered mail directly to such person's place of business or last known address with postage fully paid no sooner than 10 days but within 21 days of the time fixed for the hearing.
(b) The Commission may, after notice and opportunity for a hearing, suspend, modify or revoke any certificate granted under this chapter if the person certified has been found guilty of any violation of this chapter or Commission regulations.
(c) All decisions of the Commission relating to suspension, modification or revocation of a certificate shall be final and conclusive unless the person whose certificate was suspended, modified or revoked appeals according to the provisions of § 2263 of this title.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter III. State Nutrient Management Program › § 2245. Same — Renewal.

§ 2245. Same — Renewal.
(a) The Commission shall establish the length of time that certificates shall remain in full force and effect, and if they are to expire, the procedure for renewal.
(b) All decisions of the Commission relating to the refusal of the Commission to renew a certificate shall be final and conclusive unless the person whose certificate was not renewed shall appeal pursuant to the provisions of § 2262 of this title.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter III. State Nutrient Management Program › § 2246. Commercial processors.

§ 2246. Commercial processors.
(a) On or before July 1, 2000, or prior to commencing operations, each commercial processor operating in the State shall file with the Commission a plan under which the commercial processor either directly or under contract with a third party shall:
(1) Provide or assist in providing technical assistance to growers with whom it contracts on the proper management and storage of waste in accordance with best management practices approved by the Commission;
(2) Provide or assist in providing continuing education programs on proper waste management that is protective of Delaware's environment for the growers with whom it contracts, as well as other persons who may handle or utilize such waste;
(3) Conduct or fund research and demonstration programs that will contribute to improved waste management practices;
(4) Formulate and implement nutrient reduction strategies that effectively minimize the addition of nutrients to the environment without having adverse health impacts on animals or reduction in the growth of animals; and
(5) Report annually to the Commission on the activities it has undertaken pursuant to its plan and any amendments thereto.
(b) This section is not to be construed as a mandate to involve commercial processors in farm activities not related to waste management.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter III. State Nutrient Management Program › § 2249. Nutrient Management Funding.

§ 2249. Nutrient Management Funding.
Funds appropriated to the Nutrient Transport Program, in the annual operating budget act are intended to support projects that transport poultry and animal waste, including litter, for alternative use projects and for transporting the poultry and animal waste to cropland showing a need for these nutrients as indicated by a nutrient management plan. It is intended that a portion of these funds will be use to remove the nutrients from Delaware and for farm to farm relocation within Delaware. Reimbursement of transportation shall not exceed $20 per ton of poultry or nonpoultry waste. The program shall be developed and implemented by the Delaware Department of Agriculture according to the guidelines established by the Delaware Nutrient Management Commission as provided for under § 2220(a)(4) of this title. Any appropriation to the Nutrient Management Contingency shall be used for the sole purpose of nutrient relocation and/or nutrient management planning pursuant to these guidelines.
73 Del. Laws, c. 322, §  3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter IV. Complaints, Hearings and Appeals › § 2260. Complaints; investigations; enforcement.

§ 2260. Complaints; investigations; enforcement.
(a) The Commission shall establish by regulation a process whereby any person may file a complaint with the Commission against any person for a violation of any of the provisions of this chapter or any regulations promulgated pursuant thereto.
(b) The Commission shall establish by regulation the procedure for investigating any complaints brought before the Commission and the manner in which those complaints shall be resolved.
(c) The Commission shall, when requested, keep confidential the names of complainants, and shall not investigate or respond to anonymous complaints.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter IV. Complaints, Hearings and Appeals › § 2261. Hearings; procedural requirements.

§ 2261. Hearings; procedural requirements.
(a) The Commission shall examine all complaints meeting the criteria of § 2260(a) of this title brought before it for violations of this chapter or Commission regulations within 60 days of receipt of the complaint. The Commission shall conduct a hearing on any matter that on its face presents a colorable claim that a violation has occurred.
(b) Hearings on violations shall be held within 120 days of the date the Commission received a complaint and shall be conducted in the county in which the alleged violation occurred.
(c) The Commission shall send 10 days' notice of any hearing to all named parties, together with a recital of the complaint or issue brought before the Commission. Such notice shall be sent via certified mail, and it shall be sufficient to send such notice to the attorneys of those who are represented by counsel.
(d) All hearings shall be conducted by the Commission. A record of each shall be kept by the Commission and shall include:
(1) A recitation of the evidence before the Commission;
(2) The Commission's findings of fact;
(3) The Commission's decision; and
(4) A brief statement of the reasons therefor.
(e) The Commission's decision shall recite:
(1) The manner in which the Commission construed the law and applied it to the facts;
(2) Any remunerative action a violator must take or has taken;
(3) Any fine a violator must pay pursuant to Department regulations and a reference to the applicable regulations; and
(4) Any revocation, suspension or modification to any certificate that has occurred.
(f) The Commission shall have the power to compel the attendance of witnesses whose testimony is related to the alleged violation under review and the production of records related to the alleged violation under review by filing a praecipe for a subpoena through the Attorney General or a Deputy Attorney General with the Prothonotary of any county of this State, such a subpoena to be made by any sheriff of the State; failure to obey said subpoena will be punishable according to the rules of the Superior Court.
(g) All decisions of the Commission pursuant to this subsection shall be final and conclusive unless a party to such hearing shall appeal pursuant to the provisions of § 2263 of this title.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter IV. Complaints, Hearings and Appeals › § 2262. Certification appeals.

§ 2262. Certification appeals.
All decisions of the Commission pursuant to § 2243 or § 2245 of this title shall be final and conclusive unless within 15 days after notice thereof, the person who was denied a certificate or whose certificate was not renewed shall appeal to the Commission for a hearing on the matter. The Commission shall hold a hearing within 60 days of receipt of the appeal and develop a record on the case upon which they shall base their decision on the appeal. The Commission may uphold, modify or reverse their decision to issue or renew the certificate.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter IV. Complaints, Hearings and Appeals › § 2263. Appeals to the Secretary.

§ 2263. Appeals to the Secretary.
(a) All decisions of the Commission pursuant to this chapter shall be final and conclusive unless within 15 days after notice thereof, the Secretary receives an appeal for a review of any Commission decision. Such appeal shall state the nature of the appeal, the reasons therefor, and the remedy sought. The Secretary may uphold the action of the Commission, remand the decision back to the Commission for further consideration, or repeal the action of the Commission. The Secretary may appoint a hearing officer, who shall hold a hearing pursuant to the Administrative Procedures Act. The Secretary's decision shall be based solely on the record developed by the Commission at the hearing unless the Secretary finds that additional evidence should be taken. If the Secretary finds that additional evidence should be taken, the Secretary may take the additional evidence or remand the cause to the Commission for completion of the record.
(b) All decisions of the Secretary on appeals brought pursuant to this section shall be final and conclusive unless within 10 days after notice thereof, a party appeals to the Superior Court of the county in which the violation occurred. In every appeal from a decision of the Secretary, the cause shall be decided by the Court on the record without aid of the jury and may affirm, reverse or modify the Secretary's decision. The findings of fact made below shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may take the additional evidence or remand the cause to the Secretary for completion of the record. If the Court finds that an error of law has been made, the Court shall reverse or modify the Secretary's decision and render an appropriate judgment.
72 Del. Laws, c. 60, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter V. Enforcement, Suits for Enforcement, and Incentives › § 2280. Enforcement; fines and penalties.

§ 2280. Enforcement; fines and penalties.
(a) Whoever violates this chapter, any rule or regulation duly promulgated thereunder, any condition of a certificate issued pursuant to this chapter or any order of the Secretary issued pursuant to this chapter shall be subject to the following fines and penalties, as well as any other remedy described elsewhere in this chapter.
(1) A civil penalty shall be imposed by the Justice of the Peace Court of not less than $25 nor more than $1,000 for each violation. Each day of continued violation shall be considered as a separate violation up to a limit of $10,000. The Justice of the Peace Court shall have jurisdiction of a violation in which a civil penalty is sought. In setting penalty amounts under this section, consideration shall be given to offsetting any economic benefit from noncompliance or any delayed or avoided costs to any person. Further, penalty assessments shall be sufficient to deter recurrence of noncompliance. If there is a substantial likelihood that noncompliance will reoccur, the Commission may recommend that the Secretary also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery. Civil penalties imposed under this section may not be suspended.
(2) In its discretion, the Commission may recommend that the Secretary impose an administrative penalty of not more than $1,000 for each violation. Prior to assessment of an administrative penalty, written notice of the Secretary's proposal to impose such penalty shall be given to the violator, and the violator shall have 30 days from receipt of said notice to request a public hearing. Any public hearing, if requested, right of appeal and judicial appeal shall be conducted pursuant to this chapter. Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation or violations, ability of the violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.
(b) Any expenses or civil administrative penalties collected by the Department of Agriculture under this chapter are hereby appropriated to the Department for use in assisting persons in achieving compliance or to demonstrate the application of research that may be of substantial benefit to many individuals seeking compliance with this chapter.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter V. Enforcement, Suits for Enforcement, and Incentives › § 2281. Suits for enforcement.

§ 2281. Suits for enforcement.
Any person may file suit in Chancery Court for injunctive relief against:
(1) Any person found pursuant to § 2260 of this title to have violated this chapter or regulations promulgated thereunder;
(2) The Department of Agriculture, for any alleged failure to perform any act or duty mandated to the Department under this chapter; or
(3) The Commission, for any failure to perform any act or duty mandated to the Commission under this chapter or for failure to enforce the chapter or regulations promulgated thereunder.
72 Del. Laws, c. 60, §  1;