reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1313. Civil penalties.

§ 1313. Civil penalties.
(a) The civil penalty for violation of any section of this chapter not already stated will be the assessment of a civil penalty, the confiscation or destruction of any and all plants, plant materials or nursery stock found on the premises or contained in the shipment in question and/or suspension or revocation of the current nursery industry license or any future operation privileges granted under this chapter.
(b) Any person who violates any section of this chapter or interferes with the Department or its representatives in the enforcement of this chapter, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1000 on each count.
70 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 14. AGRICULTURE AND FORESTAL NUISANCES › § 1401. Agricultural and forestal operations not considered nuisances; exception.

§ 1401. Agricultural and forestal operations not considered nuisances; exception.
No agricultural or forestal operation within this State which has been in operation for a period of more than 1 year shall be considered a nuisance, either public or private, as the result of a changed condition in or about the locality where such agricultural or forestal operation is located. For the purpose of this section, “agricultural operation” shall be defined as set forth in § 8141(a) of Title 10. In any nuisance action, public or private, against an agricultural operation or its principals or employees, including forestall activity, proof that the agricultural operation, including forestall activity, has existed for 1 year or more is an absolute defense to the nuisance action, if the operation is in compliance with all applicable state and federal laws, regulations, and permits. If the operation is in compliance with all applicable state and federal laws, regulations, and permits, it shall be presumed to be conducted in a manner consistent with good agricultural practice. No state or local law-enforcement agency may bring a criminal or civil action against an agricultural operation for an activity that is in compliance with all applicable state and federal laws, regulations, and permits.
62 Del. Laws, c. 347, §  1;  77 Del. Laws, c. 376, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 15. SEEDS › § 1502B. Label requirements; vegetable seeds.

§ 1502B. Label requirements; vegetable seeds.
(a) In addition to the information required under § 1502 of this title, each container of vegetable seeds in containers of 1 pound or less must contain all of the following information:
(1) Name of kind and variety of seed.
(2) Lot number or other lot identification.
(3) For seeds which germinate less than the standard established by the Department, all of the following:
a. Percentage of germination, exclusive of hard seed.
b. Percentage of hard seed, if present.
c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (a)(3)a. through (a)(3)b. of this section.
d. The words “below standard” in not less than 8-point font.
(4) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.
(5) The statements “Sell by” and “Packed for” for the calendar year in which they are being offered for sale, followed by the applicable dates.
(b) In addition to the information required under § 1502 of this title, each container of vegetable seeds in containers of more than 1 pound must contain all of the following information:
(1) The name of each kind and variety present in excess of 5% of the weight of the whole.
(2) The percentages by weight of each kind and variety under paragraph (b)(1) of this section, in order of predominance.
(3) Lot number or other lot identification.
(4) All of the following for each named vegetable seed:
a. The percentage of germination, exclusive of hard seed.
b. The percentage of hard seed, if present.
c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (b)(4)a. through (b)(4)b. of this section.
(5) Name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within this State.
(6) The statement “Sell by” followed by a date that is no more than 9 months from the date of the germination test, exclusive of the month of the test.
(7) The labeling requirements for vegetable seeds in containers of more than 1 pound under this subsection are deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.
36 Del. Laws, c. 91, §  2;  Code 1935, §  656;  44 Del. Laws, c. 66, §§  1, 3;  3 Del. C. 1953, §  1502;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;  65 Del. Laws, c. 104, §  2;  83 Del. Laws, c. 527, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 15. SEEDS › § 1502C. Label requirements; flower seeds.

§ 1502C. Label requirements; flower seeds.
(a) In addition to the information required under § 1502 of this title, each container of flower seeds must contain all of the following information:
(1) The name of the kind and variety or a statement of type and performance characteristics.
(2) On each container, lot number or other lot identification.
(3) For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard established under this chapter, all of the following:
a. Percentage of germination, exclusive of hard seed.
b. Percentage of hard seed, if present.
c. The words “below standard”, in not less than 8-point font.
d. The month and calendar year the germination test was completed.
(b) In addition to the information required under § 1502 of this title, flower seeds in packets prepared for use in home flower gardens or household plantings or flower seeds in pre-planted containers, mats, tapes, or other planting devices, must contain all of the following information:
(1) The month and calendar year the germination test was completed.
(2) The statement “Sell by” followed by a date that is no more than 12 months from the date of the germination test, exclusive of the month of the test, or state the percentage of germination and the month and calendar year the test was completed, provided that the test must have been completed within 12 months, exclusive of the month of test.
(3) For seeds placed in a germination medium, mat, tape, or other device in such a way that makes it difficult to determine the quantity of seed without removing the seeds, a statement that indicates the minimum number of seeds in the container.
(c) In addition to the information required under § 1502 of this title, each container of flower seeds for which standard testing procedures are prescribed and that weigh more than 1 ounce in containers other than packets prepared for use in home flower gardens or household plantings and other than pre-planted containers, mats, tapes, or other planting devices, must contain all of the following information:
(1) The percentage of germination, exclusive of hard seed.
(2) The percentage of hard seed, if present.
(3) The month and calendar year the test was completed to determine the percentages under paragraphs (c)(1) through (c)(2) of this section.
36 Del. Laws, c. 91, §  2;  Code 1935, §  656;  44 Del. Laws, c. 66, §§  1, 3;  3 Del. C. 1953, §  1502;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;  65 Del. Laws, c. 104, §  2;  83 Del. Laws, c. 527, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 15. SEEDS › § 1503. Label requirements; tree and shrub seeds.

§ 1503. Label requirements; tree and shrub seeds.
(a) (1) In addition to the information required under § 1502 of this title, each container of tree and shrub seed must contain all of the information under this section.
(2) Tree and shrub seed supplied under a contractual agreement may be labeled by an invoice accompanying the shipment or by an analysis tag attached to the invoice, if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not identified by a lot number must carry complete labeling under this section.
(b) The label for all tree and shrub seeds must provide all of the following:
(1) The common name of the species of seed, and subspecies, if appropriate.
(2) The scientific name of the genus and species, and subspecies if appropriate.
(3) Lot number or other lot identification.
(4) Origin, as follows:
a. For seed collected from a predominantly indigenous stand, the area of collection by latitude and longitude, geographic description, or political subdivision, such as state or county.
b. For seed collected from other than a predominantly indigenous stand, state either of the following:
1. The area of collection and the origin of the stand.
2. “Origin not Indigenous.”
(5) The elevation or the upper and lower limits of elevation within which the seed was collected.
(6) Purity as a percentage of pure seed by weight.
(7) For seeds of species for which standard germination testing procedures are prescribed by the Department, all of the following:
a. Percentage germination exclusive of hard seed.
b. Percentage of hard seed, if present.
c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (b)(7)a. through (b)(7)b. of this section.
(8) For seeds of species for which standard germination testing procedures are prescribed by the Department and the germination testing has not been completed, the following statement:
“Test is in process, results will be supplied upon request.”
(9) For seeds of species for which standard germination testing procedures have not been prescribed under this chapter, the calendar year in which the seed was collected.
(10) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.
3 Del. C. 1953, §  1502A;  57 Del. Laws, c. 147;  57 Del. Laws, c. 764, §  6;  83 Del. Laws, c. 527, § 2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 15. SEEDS › § 1504. Prohibitions.

§ 1504. Prohibitions.
(a) No person can sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, or tree and shrub seeds within this State if any of the following apply to the seeds:
(1) Unless otherwise specified under this chapter, if the seeds are subject to germination test requirements under this chapter, the test to determine the germination may be no more than 9 months from the date of test, exclusive of the month of test.
(2) Not labeled in accordance with this chapter or having false or misleading labeling.
(3) There has been false or misleading advertising.
(4) Contains prohibited noxious weed seeds, in excess of tolerances established under this chapter.
(5) Contains restricted noxious weed seeds per pound in excess of any of the following numbers:
a. Established under this chapter.
b. Declared on the label attached to the container of the seed or associated with the seed.
(6) Containing more than 1½% by weight of all weed seeds.
(7) The label contains names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality, or origin of the seed.
(8) A label or advertisement may not represent that the seed is certified seed or registered seed unless all of the following apply:
a. It has been determined by a seed certifying agency that the seed was produced, processed, and packaged, and conforms to the standards of purity as to kind, species, subspecies if appropriate, or variety, and also that tree seed was found to be of the origin and elevation claimed, in compliance with the rules and regulations of that agency.
b. That the seed bears an official label issued by a seed certifying agency stating that the seed is certified or registered.
(b) It is unlawful for any person within this State to do any of the following:
(1) Detach, alter, deface, or destroy any label required under this chapter or to alter or substitute seed in a manner that may defeat the purposes of this chapter.
(2) Disseminate any false or misleading advertisements concerning seeds subject to this chapter.
(3) Hinder or obstruct in any way, an authorized person's performance of duties under this chapter.
(4) Fail to comply with a “stop sale” order or to move or otherwise handle or dispose of any lot of seed held under a “stop sale” order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified.
(5) Use the word “trace” as a substitute for any statement which is required.
(6) Use the word “type” in any labeling in connection with the name of any agricultural seed variety.
36 Del. Laws, c. 91, §  8;  Code 1935, §  662;  44 Del. Laws, c. 66, §§  1, 4;  3 Del. C. 1953, §  1503;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  77 Del. Laws, c. 355, §  1;  82 Del. Laws, c. 126, § 1;  83 Del. Laws, c. 527, § 3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 15. SEEDS › § 1505. Records.

§ 1505. Records.
(a) Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this chapter shall keep all of the following:
(1) Complete records of each lot handled, for 2 years.
(2) A file sample of each lot of seed after final disposition of the lot for 1 year.
(b) All records and samples pertaining to the shipment of seeds under subsection (a) of this section must be accessible for inspection by the Department during customary business hours.
3 Del. C. 1953, §  1504;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;  83 Del. Laws, c. 527, § 3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 15. SEEDS › § 1506. Exemptions.

§ 1506. Exemptions.
(a) Sections 1502 through 1504 of this title do not apply to any of the following:
(1) To seed or grain not intended for sowing purposes.
(2) To seed in storage in, or being transported, or consigned to a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of the seed bears the statement “seed for processing,” and that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed is subject to §§ 1502 through 1504 of this title.
(3) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not engaged in producing, processing, or marketing seeds subject to this chapter.
(4) To seed sold by 1 farmer to another if the seed has not been advertised for sale or delivered through a carrier.
(5) To grain sold by farmers for cover crop purposes and not delivered through a common carrier.
(b) No person shall be subject to the penalties of this chapter for having sold or offered for sale seeds subject to this chapter which were incorrectly labeled or represented as to kind, species, subspecies if appropriate, variety, type or origin, elevation, or year of collection, if required, if the seeds cannot be identified by examination, unless the person failed to obtain an invoice, genuine grower's or tree seed collector's declaration, or other labeling information and to take such other precautions as may be reasonable to ensure the identity to be the identity stated.
(c) Sections 1503 and 1505 of this title do not apply to tree seed produced by the consumer.
36 Del. Laws, c. 91, §  7;  Code 1935, §  661;  44 Del. Laws, c. 66, §§  1, 5;  3 Del. C. 1953, §  1504;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  83 Del. Laws, c. 527, § 3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 15. SEEDS › § 1510. Violations and prosecutions.

§ 1510. Violations and prosecutions.
(a) A person who violates this chapter is subject to a civil penalty as follows:
(1) For a first occurrence, a civil penalty in an amount that does not exceed $100.
(2) For a subsequent occurrence, a civil penalty in an amount that does not exceed $250.
(b) Before imposing a penalty under subsection (a) of this section, the Secretary must send a written notice of the violation and offer the person an administrative hearing.
(c) The Attorney General shall institute proceedings at once against any person charged with a violation of this chapter.
(d) After judgment by the court in any case arising under this chapter the Department shall publish any information pertinent to the issuance of the judgment by the court in such media as it may designate from time to time.
36 Del. Laws, c. 91, §  8;  Code 1935, §  662;  44 Del. Laws, c. 66, §§  1, 9;  3 Del. C. 1953, §  1508;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;  83 Del. Laws, c. 527, § 3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 16. GRAIN INSPECTION, CERTIFICATION, AND GRAIN CONTRACTS › Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities › § 1601. Definitions.

§ 1601. Definitions.
As used in this chapter:
(1) “Department” means the State of Delaware Department of Agriculture and includes, but is not limited to, its officers, inspectors, employees, agents or representatives.
(2) “Devices” means any grain moisture testing devices.
(3) “Grain” means includes, but is not limited to, corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain and any other food grains, feed grains, hemp, and oilseeds which standards have been established in the United States Grain Standards Act, 7 U.S.C. Chapter 3 (7 U.S.C. §§ 71-87k).
(4) “Grain Inspector” means anyone who operates grain moisture testing devices, follows standard grain inspection procedures and uses other grain inspection equipment.
3 Del. C. 1953, §  1601;  55 Del. Laws, c. 68;  57 Del. Laws, c. 764, §  7;  72 Del. Laws, c. 471, §  1;  81 Del. Laws, c. 382, § 2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 16. GRAIN INSPECTION, CERTIFICATION, AND GRAIN CONTRACTS › Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities › § 1602. Registration and approval.

§ 1602. Registration and approval.
(a) All grain moisture testing devices shall be registered with the Department, on forms supplied by the Department. The devices used in the buying of grain shall be required to pass such inspections, at any time, as the Department may determine. Such inspections shall be made at the commercial grain elevator, warehouse, or other grain storage facility. Upon approval, inspected devices shall bear the Department's seal, permitting their use.
(b) Devices which fail to pass the inspection of the Department shall be immediately removed from service and repaired. The Department shall reinspect and approve the repair of a failed device before it can be returned to service.
3 Del. C. 1953, §  1602;  55 Del. Laws, c. 68;  57 Del. Laws, c. 764, §  7;  72 Del. Laws, c. 471, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 16. GRAIN INSPECTION, CERTIFICATION, AND GRAIN CONTRACTS › Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities › § 1603. Installation and operation.

§ 1603. Installation and operation.
(a) The grain moisture testing devices shall be installed in such a manner that there will be no vibrations of indicating dials. Devices with moving parts shall be properly maintained, and kept free of dust and dirt.
(b) All devices shall be operated according to the manufacturer's instructions, or in accordance with instruction issued by the Department.
3 Del. C. 1953, §  1603;  55 Del. Laws, c. 68;  57 Del. Laws, c. 764, §  7;  72 Del. Laws, c. 471, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 16. GRAIN INSPECTION, CERTIFICATION, AND GRAIN CONTRACTS › Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities › § 1604. Licensed grain inspectors.

§ 1604. Licensed grain inspectors.
(a) Any person engaged in the operation of a commercial grain elevator, grain warehouse or other grain storage facility shall only utilize licensed grain inspectors for all grain sampling and testing.
(b) To obtain a Grain Inspector's License applicants shall be required to furnish satisfactory evidence of good character to the Department and to pass an examination conducted by the Department. The examination shall test the applicant's ability to operate grain moisture testing devices, to use grain inspecting equipment, and knowledge of grain inspection procedures.
(c) Upon attainment of a passing score on the examination, and payment of a $10 fee, the Department shall issue a Grain Inspector License to the applicant for 2 calendar years. The license shall be renewed biennially upon successful reexamination, if the Licensed Grain Inspectors duties have been performed satisfactorily during the previous 2-year period, and upon payment of a $10 fee. Grain Inspector Licenses shall be posted at the commercial grain elevator, grain warehouse or other grain storage facility in full view of the public.
3 Del. C. 1953, §  1604;  55 Del. Laws, c. 68;  57 Del. Laws, c. 764, §  7;  65 Del. Laws, c. 515, §  1;  72 Del. Laws, c. 471, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 16. GRAIN INSPECTION, CERTIFICATION, AND GRAIN CONTRACTS › Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities › § 1605. Certification of commercial grain elevators, grain warehouses and other grain storage facilities.

§ 1605. Certification of commercial grain elevators, grain warehouses and other grain storage facilities.
Every commercial grain elevator, grain warehouse or other grain storage facility shall be certified by the Department to meet minimum standards of performance. These standards shall be determined by the Department.
72 Del. Laws, c. 471, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 16. GRAIN INSPECTION, CERTIFICATION, AND GRAIN CONTRACTS › Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities › § 1606. Violations and penalties.

§ 1606. Violations and penalties.
Failure to comply with the provisions of this chapter shall result in the assessment of a civil penalty of not more than $10 for the first violation and not less than $25 nor more than $100 for each subsequent violation.
3 Del. C. 1953, §  1605;  55 Del. Laws, c. 68;  72 Del. Laws, c. 471, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 16. GRAIN INSPECTION, CERTIFICATION, AND GRAIN CONTRACTS › Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities › § 1607. Enforcement; administrative rules and regulations.

§ 1607. Enforcement; administrative rules and regulations.
The Department shall enforce this chapter, and prescribe and enforce administrative rules, regulations, definitions, penalties, fees and standards in accordance with the Administrative Procedures Act.
3 Del. C. 1953, §  1605;  55 Del. Laws, c. 68;  57 Del. Laws, c. 764, §  7;  72 Del. Laws, c. 471, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 16. GRAIN INSPECTION, CERTIFICATION, AND GRAIN CONTRACTS › Subchapter II. Grain Contracts of Sale, Discount Rates and Test Weight Rates › § 1611. Grain contracts of sale, discount rates and weight rates.

§ 1611. Grain contracts of sale, discount rates and weight rates.
(a) Subject to any contractual provision to the contrary and based upon whatever market the contracting parties agree to:
(1) The discount rates for foreign material and moisture content may not be higher than the discount rates that prevail on the day the contract is formed;
(2) The test weight rates may not be higher than the test weight rates that prevail on the day the contract is formed.
(b) This section applies to any contract for sale of grain entered into in this State provided the date of delivery is less than 1 year after the date the contract is formed.
70 Del. Laws, c. 399, §  1;  72 Del. Laws, c. 471, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1702. Enforcing agency.

§ 1702. Enforcing agency.
This chapter shall be administered by the Department of Agriculture of this State, hereinafter referred to as the “Department.”
3 Del. C. 1953, §  1702;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  83 Del. Laws, c. 98, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1704. Registration.

§ 1704. Registration.
(a) Each commercial feed, such as animal food, pet food, specialty pet food, supplements, or medicated feed shall be registered before being distributed in this State; provided, however, that customer-formula feeds are exempt from registration. The application for registration shall be submitted on forms furnished by the Department, and shall also be accompanied by a label or other printed matter describing the product. 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 information required by § 1705(a)(2), (3), (4), and (5) of this title. The Department may permit on the registration the alternative listing of ingredients of comparable feeding value, provided that the label for each package shall state the specific ingredients which are in such package.
(b) A distributor shall not be required to register any commercial feed product which is already registered under this chapter by another person, provided that the label does not differ in any respect.
(c) Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted provided there is satisfactory evidence that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed.
(d) The Department may refuse registration of any application not in compliance with this chapter and may cancel any registration subsequently found not to be in compliance with any provision of this chapter; provided, however, that no registration shall be refused or cancelled until the registrant shall have been given the opportunity to be heard before the Department and to amend his or her application in order to comply with the requirements of this chapter.
3 Del. C. 1953, §  1704;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 98, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1706. Registration fees.

§ 1706. Registration fees.
(a) An annual registration fee must be paid to the Department, by December 31 each year, for each commercial feed distributed in this State as follows:
(1) For all commercial feed other than pet food, the registration fee is $23 per each product of each brand; provided, however, that the customer-formula feeds are exempt if the annual registration fee is paid on the commercial feeds which they contain.
(2) The annual registration fee for each pet food is as follows:
a. For the year 2023, $50 for each product of each brand.
b. For the year 2024, $75 for each product of each brand.
c. For each year beginning with the year 2025, $100 for each product of each brand.
d. Notwithstanding paragraphs (a)(2)a. through (a)(2)c. of this section, for a pet food manufactured by a nonprofit, the annual registration fee is $23 for each product of each brand.
(b) All registration fees collected under paragraph (a)(1) of this section are to be transferred to the State Treasurer and paid into the General Fund of the State.
(c) The total of the registration fees collected under paragraph (a)(2) of this section is to be distributed as follows:
(1) $25 from each fee to the General Fund.
(2) The cost of developing and maintaining the technology to implement the requirements of this subsection to the Department of Agriculture.
(3) The remaining balance to the Spay/Neuter Fund created by Chapter 30F of Title 16.
a. The Office of Animal Welfare must prepare an annual report on the use of the fees under this paragraph for the Spay/Neuter Fund.
b. This annual report must be provided to the Secretary of Agriculture, the Secretary of Health and Social Services, the Chair of the Senate Agriculture Committee, the Chair of the Senate Health and Social Services Committee, the Chair of the House of Representatives Agriculture Committee, and the Chair of the House of Representatives Health and Human Development Committee.
3 Del. C. 1953, §  1706;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  67 Del. Laws, c. 260, §  1;  83 Del. Laws, c. 98, § 1;  83 Del. Laws, c. 177, § 1;  83 Del. Laws, c. 283, § 1;  84 Del. Laws, c. 233, § 3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1707. Adulteration.

§ 1707. Adulteration.
No person shall distribute an adulterated feed. A commercial feed or customer-formula feed shall be deemed to be adulterated:
(1) If any poisonous, deleterious or nonnutritive ingredient has been added in sufficient amount to render it injurious to health when fed in accordance with directions for use on the label;
(2) If any valuable constituent has been, in whole or in part, omitted or abstracted therefrom or any less valuable substance substituted therefor;
(3) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;
(4) If it contains added hulls, screenings, straw, cobs or other high fiber material unless the name of each such material is stated on the label;
(5) If it contains viable weed seeds in amounts exceeding the limits which the Department shall establish by rule or regulation;
(6) If it contains any added poisonous, deleterious, non-nutritive substance, food or color additive, or new animal drug which is unsafe within the meaning of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 301 et seq.];
(7) If it consists in whole or part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed;
(8) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
3 Del. C. 1953, §  1707;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  83 Del. Laws, c. 98, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1708. Misbranding.

§ 1708. Misbranding.
No person shall distribute misbranded feed. A commercial feed or customer-formula feed 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 feed;
(3) If it is not labeled as required in § 1705 of this title and in regulations prescribed under this chapter;
(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by regulation of the Department; in the adopting of such regulations the Department shall give due regard to commonly accepted definitions such as those issued by the Association of American Feed Control Officials;
(5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under the customary conditions of purchase and use.
3 Del. C. 1953, §  1708;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  83 Del. Laws, c. 98, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1709. Inspections; sampling; analysis.

§ 1709. Inspections; sampling; analysis.
(a) The Department, individually or through its authorized agent, shall sample, inspect, make analyses of, and test commercial feeds and customer-formula feeds distributed within this State at such time and place, and to such an extent as it may deem necessary to determine whether such feeds are in compliance with this chapter. The Department, individually or through its agent, may enter upon any public or private premises including any vehicle of transport during regular business hours in order to have access to commercial feeds and customer-formula feeds and to records relating to their distribution and storage.
(b) The methods of sampling and analysis shall be those adopted by the Association of Official Agricultural 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 Department, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided solely by the “official sample” as defined in § 1703 of this title and obtained and analyzed as provided for in subsection (b) of this section.
(d) When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the Department to the distributor and the purchaser. Within 30 days of a request, the Department shall furnish to the distributor a portion of the samples concerned.
3 Del. C. 1953, §  1709;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  83 Del. Laws, c. 98, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1710. Regulations.

§ 1710. Regulations.
The Department shall enforce this chapter, and after due publicity and due public hearing may promulgate and adopt such reasonable regulations as may be necessary in order to secure the efficient administration of this chapter. Publicity concerning the public hearing shall be reasonably calculated to give interested parties adequate notice and adequate opportunity to be heard.
3 Del. C. 1953, §  1710;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  83 Del. Laws, c. 98, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1711. Detained commercial feeds; “withdrawal from distribution” orders; condemnation and confiscation.

§ 1711. Detained commercial feeds; “withdrawal from distribution” orders; condemnation and confiscation.
(a) When the Department or its authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of this chapter or of any of the regulations promulgated under this chapter, it may issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the Department or the Court. The Department shall release any lot of commercial feeds so withdrawn when such distributor has complied with this chapter and the regulations issued hereunder. If compliance is not obtained within 30 days, the Department may begin, or upon request of the distributor shall begin, proceedings for condemnation.
(b) Any lot of commercial feed not in compliance with this chapter or regulations promulgated hereunder shall be subject to seizure on complaint of the Department to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of this chapter or regulations promulgated hereunder and orders the condemnation of said commercial feed, the same shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the State; provided, that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with this chapter.
3 Del. C. 1953, §  1711;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  83 Del. Laws, c. 98, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1712. Penalties.

§ 1712. Penalties.
(a) Any person convicted of violating any of the provisions of this chapter or any regulations hereunder or the rules and regulations issued thereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the Department or its duly authorized agent in performing duties prescribed by this chapter or regulations issued hereunder, shall be fined not more than $250 for the first violation, and not less than $500 for each subsequent violation. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the Department shall be accepted as prima facie evidence of the composition.
(b) Nothing in this chapter shall be construed as requiring the Department or its representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this chapter where the public interest will be best served by a suitable notice of warning in writing.
(c) When any violation of this chapter is reported to the Attorney General, he or she shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the Department reports a violation for prosecution, an opportunity shall be given the distributor to present his or her views to the Department.
(d) The Department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule or regulation promulgated thereunder notwithstanding the existence of other remedies at law. Any injunction shall be issued without bond.
(e) Any person adversely affected by an act, order or ruling made pursuant to this chapter may within 45 days thereafter, bring an action in the Superior Court in the county where the enforcement official has his or her office, for a new trial of the issues bearing upon such chapter, order or ruling, and upon such trial the Court may issue and enforce such orders, judgments or decrees as the Court may deem proper, just and equitable.
3 Del. C. 1953, §  1712;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 98, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1713. Publications.

§ 1713. Publications.
The Department shall publish at least semiannually, in such form as it may deem proper, a report of the results of the analyses of official samples of commercial feeds sold within this State as compared with the analyses guaranteed in the registration and on the label.
3 Del. C. 1953, §  1713;  56 Del. Laws, c. 69;  57 Del. Laws, c. 764, §  8;  83 Del. Laws, c. 98, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 17. COMMERCIAL FEEDS › § 1714. Cooperation with other entities.

§ 1714. Cooperation with other entities.
The Department may cooperate and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.
83 Del. Laws, c. 98, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1903. Definitions of words and terms.

§ 1903. Definitions of words and terms.
(a) “Agricultural liming materials” means all suitable materials containing calcium or magnesium in chemical form, physical condition and quantity capable of neutralizing soil acidity.
(b) “Limestone” means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.
(1) “Calcitic limestone” shall derive a minimum of 36% calcium from calcium carbonate and the calcium carbonate equivalent shall not be less than 90%;
(2) “Dolomitic limestone” shall derive a minimum of 10% of its neutralizing value from magnesium carbonate and a minimum of 20% calcium from calcium carbonate and calcium carbonate equivalent of 90%.
(c) “Burnt lime” means a material, made from limestone which consists essentially of calcium oxide or combination of calcium oxide with magnesium oxide.
(d) “Hydrated lime” means a material, made from lime, which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and/or magnesium hydroxide.
(e) “Brand” means the term, designation, trademark or other specific designation under which an individual agricultural liming material is offered for sale.
(f) “Fineness” means the percentage by weight of the material which will pass sieves of specified sizes. The fineness shall be measured in reference to 10 mesh and 60 mesh sieves of United States standard designation.
(g) The fineness guarantee is defined as:
(1) Minimum percentage passing through a 10 mesh sieve;
(2) Minimum percentage passing through a 60 mesh sieve.
Provided, however, that in lieu of this subsection, the Department may in its regulations set minimum standards for fineness for various grades of liming materials, and such grades, when stated, shall become the minimum guarantees of the liming materials so labeled.
(h) “Ton” means a net weight of 2,000 pounds avoirdupois.
(i) “Percent” or “percentage” means by weight.
(j) “Bulk” means in nonpackaged form.
(k) “Label” means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments.
(l) “Person” means individual, partnership, association, firm or corporation.
3 Del. C. 1953, §  1903;  57 Del. Laws, c. 690;  57 Del. Laws, c. 764, §  9;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1904. Labeling.

§ 1904. Labeling.
(a) Agricultural liming materials sold, offered or exposed for sale in this State shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:
(1) The name and principal office address of the manufacturer or distributor;
(2) The brand or trade name of the material;
(3) The identification of the product as to the type of the agricultural liming material;
(4) The net weight of the agricultural liming material;
(5) The minimum percentage of calcium and magnesium.
(b) No information or statement shall appear on any package, label or delivery slip which is false or misleading to the purchaser as to the quality, analysis, type or composition of the agricultural liming material.
(c) In the case of any material which has been adulterated subsequent to packaging, labeling or loading and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration.
(d) At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each product.
(e) At any time after July 1, 1970, when the Department finds, after public hearing following due notice, that the requirements for expressing the guaranteed analysis of calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of liming materials by reason of conflicting labeling requirements among the States, the Department may require by regulation thereafter that the “guaranteed analysis” shall contain the minimum percentages of calcium (Ca) and magnesium (Mg) in elemental form and calcium carbonate equivalent.
3 Del. C. 1953, §  1904;  57 Del. Laws, c. 690;  57 Del. Laws, c. 764, §  9;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1905. Prohibitions.

§ 1905. Prohibitions.
(a) No agricultural liming material shall be sold or offered for sale in this State unless it contains the minimum of calcium and magnesium, as stated in § 1903(b)(1) and (2).
(b) No agricultural liming material shall be sold or offered for sale in this State which contains toxic materials in quantities injurious to plants.
3 Del. C. 1953, §  1905;  57 Del. Laws, c. 690;  57 Del. Laws, c. 764, §  9;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1906. Registration.

§ 1906. Registration.
Before any person shall sell, offer or expose for sale in this State any agricultural liming material, such person shall for each separately identified product file annually with the Department, on forms supplied by the Department or its authorized agent, an application of registration for each such product setting forth the information required by § 1904 of this title.
3 Del. C. 1953, §  1906;  57 Del. Laws, c. 690;  57 Del. Laws, c. 764, §  9;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1907. Registration fees.

§ 1907. Registration fees.
Each application filed pursuant to § 1906 of this title shall be accompanied by an annual registration fee of $11.50 per product. Upon compliance with the provisions of this chapter, the registration shall be approved for the period ending on June 30 of the year next following that in which it was issued. No person shall be required to register any agricultural liming material for which a certificate of registration has been filed by the manufacturer or other person responsible for the material.
3 Del. C. 1953, §  1907;  57 Del. Laws, c. 690;  57 Del. Laws, c. 764, §  9;  67 Del. Laws, c. 260, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1908. Inspection fees.

§ 1908. Inspection fees.
Within the 30-day period following June 30 and December 31 of each year, each registrant shall submit, on a form furnished by the Department or its authorized agent, a semiannual statement setting forth the number of net tons of each agricultural liming material sold by the registrant for use in this State during the previous 6-month period. Such statement shall be accompanied by payment of the inspection fee at the rate of 5 cents per ton. Such reports shall be confidential and no information therein shall be disclosed or published in any manner that will reveal the operation of any registrant.
3 Del. C. 1953, §  1908;  57 Del. Laws, c. 690;  57 Del. Laws, c. 764, §  9;  84 Del. Laws, c. 42, § 15;
2023 Delaware Code › Title 3 - Agriculture › Chapter 19. LIMING MATERIALS › § 1909. Sampling; analysis.

§ 1909. Sampling; analysis.
The Department is empowered, and it shall be the duty of its agent, to sample agricultural liming materials, to analyze them and to report to the registrant the results of its analysis. Results shall become official and public after 10 days. The Department or its authorized agent shall for the purpose of taking samples have full access during business hours to all places where agricultural liming materials are offered for sale. Methods of sampling and analysis shall be taken from among such sources as those recognized by the Association of Official Analytical Chemists. Upon written notice, the Department or its agent may remove from sale any lot of agricultural liming material until it has been determined that the material is in full compliance with this chapter.
3 Del. C. 1953, §  1909;  57 Del. Laws, c. 690.;