reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50E. Certification of Adoption of Transparency and Sustainability standards by Delaware Business Entities › § 5004E. Reporting entity status — Renewal statement.

§ 5004E. Reporting entity status — Renewal statement.
(a) A renewal statement shall be submitted to the Secretary of State between October 1 and December 31 of each year. A reporting entity shall become a nonreporting entity on January 1 of the following year if the reporting entity shall have failed to submit the renewal statement to the Secretary of State in accordance with this chapter without the need for further action by the Secretary of State. A reporting entity's renewal statement shall:
(1) Acknowledge that any changes since its most recent filing of a renewal statement or restoration statement, or, if no renewal statement or restoration statement has been filed, since the filing of its standards statement, to its address within the State or standards and assessment measures, and a description of the process by which such changes were identified, developed and approved by the entity and the third-party criteria used to develop any changes to the standards are available on the website;
(2) Acknowledge that, for the most recent reporting period for which a report was required to be made available on or prior to October 1, if any, a report was made available on the website in accordance with this chapter within the time period provided for in § 5003E(4)c. of this title;
(3) Provide an internet link to the report for the most recent reporting period, if any, on the website and
(4) Be acknowledged by an authorized person.
(b) No standards statement shall be accepted by the Secretary of State for an entity if it has become a nonreporting entity pursuant to subsection (a) of this section within the prior year.
(c) On or before September 1 of each year, the Secretary of State shall mail to each reporting entity at its address as specified in § 5003E(5) of this title, a notice specifying that the renewal statement together with applicable fees shall be due on October 1 of the current year and stating that the reporting entity shall become a nonreporting entity on January 1 of the following year if such renewal statement is not filed.
81 Del. Laws, c. 279, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50E. Certification of Adoption of Transparency and Sustainability standards by Delaware Business Entities › § 5005E. Restoration statement.

§ 5005E. Restoration statement.
(a) If any reporting entity shall become a nonreporting entity for failure to file a renewal statement, it may, at any time during the calendar year following such failure, file a restoration statement. The restoration statement shall:
(1) Acknowledge that any changes since its most recent filing of a renewal statement or restoration statement, or, if no renewal statement or restoration statement has been filed, since the filing of its standards statement, to its address within the State or standards and assessment measures, and a description of the process by which such changes were identified, developed and approved by the entity and the third-party criteria used to develop any changes to the standards are available on the website;
(2) Acknowledge that a report for the all reporting periods ended more than 90 days prior to filing the restoration statement have been made available on the website in accordance with this chapter;
(3) Provide an internet link on the website to the report for the most recent reporting period and any other reporting period for which an internet link has not been previously provided in a renewal statement or restoration statement; and
(4) Be acknowledged by an authorized person.
(b) Any nonreporting entity that files a restoration statement shall thereupon automatically become a reporting entity, without the need for further action by the Secretary of State.
81 Del. Laws, c. 279, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50E. Certification of Adoption of Transparency and Sustainability standards by Delaware Business Entities › § 5006E. Limitation of liability.

§ 5006E. Limitation of liability.
Neither the failure by an entity to satisfy any of its standards, nor the selection of specific assessment measures, nor any other action taken by or on behalf of the entity pursuant to this chapter or any omission to take any action required by this chapter to seek, obtain or maintain status as a reporting entity, shall, in and of itself, create any right of action on the part of any person or entity or otherwise give rise to any claim for breach of any fiduciary or similar duty owed to any person or entity.
81 Del. Laws, c. 279, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50E. Certification of Adoption of Transparency and Sustainability standards by Delaware Business Entities › § 5007E. Fees.

§ 5007E. Fees.
No document required to be filed under this chapter shall be effective until the applicable fee required by this section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of the State:
(1) Upon the receipt of a statement under § 5003E of this title or a renewal statement under § 5004E of this title, a fee in the amount of up to $200.
(2) For issuing a certificate of adoption and availability of transparency and sustainability standards reporting, a fee in the amount of $50.
(3) Upon receipt of a restoration statement under § 5005E of this title, a fee in the amount of $5,000.
(4) For certifying copies of any instrument on file as provided by this chapter, a fee in the amount of $50 for each copy certified.
(5) The Secretary of State may issue photocopies or electronic image copies of instruments on file as provided for by this chapter, as well as instruments, documents and other papers not on file, and for all such photocopies or electronic image copies which are not certified by the Secretary of State, a fee of $10 shall be paid for the first page and $2.00 for each additional page. Notwithstanding Delaware's Freedom of Information Act (Chapter 100 of Title 29) or other provision of law granting access to public records, the Secretary of State upon request shall issue only photocopies or electronic image copies of public records in exchange for the fees described in this section, and in no case shall the Secretary of State be required to provide copies (or access to copies) of such public records (including without limitation bulk data, digital copies of instruments, documents and other papers, databases or other information) in an electronic medium or in any form other than photocopies or electronic image copies of such public records in exchange, as applicable, for the fees described in this section or § 2318 of Title 29 for each such record associated with a file number.
(6) For issuing any certificate of the Secretary of State, including a certificate of nonreporting status, other than a certification of a copy under paragraph (3) of this section, a fee in the amount of $50.
81 Del. Laws, c. 279, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 50E. Certification of Adoption of Transparency and Sustainability standards by Delaware Business Entities › § 5008E. Short title.

§ 5008E. Short title.
This chapter shall be known and may be identified and referred to as the “Certification of Adoption of Transparency and Sustainability Standards Act.”
81 Del. Laws, c. 279, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5102. Systems of weights and measures.

§ 5102. Systems of weights and measures.
The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and 1 or both of these systems shall be used for all commercial purposes in this State. The definitions of basic units of weight and measure, the tables of weight and measure and weights and measures equivalents, as published by the National Institute of Standards and Technology, are recognized and shall govern weighing and measuring equipment and transactions in this State.
6 Del. C. 1953, §  5102;  53 Del. Laws, c. 187, §  3;  58 Del. Laws, c. 281, §  2;  70 Del. Laws, c. 370, §  4;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5103. Definitions of special units of measure.

§ 5103. Definitions of special units of measure.
The term “barrel,” when used in connection with fermented liquor, shall mean a unit of 31 gallons. The term “ton” shall mean a unit of 2,000 pounds avoirdupois weight. The term “cord,” when used in connection with wood intended for fuel purposes, shall mean the amount of wood that is contained in a space of 128 cubic feet when the wood is ranked and well stowed.
6 Del. C. 1953, §  5103;  53 Del. Laws, c. 187, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5104. State standards of weights and measures.

§ 5104. State standards of weights and measures.
Such weights and measures in conformity with the standards of the United States as have been supplied to the State by the federal government or otherwise obtained by the State for use as state standards shall, when the same shall have been approved as being satisfactory for use as such by the National Institute of Standards and Technology, be the state standards of weight and measure. The state standards shall be kept in a safe and suitable place in the office or laboratory of the Department of Agriculture, they shall not be removed from the said office or laboratory except for repairs or for calibration and approval. The state standards shall be used only in verifying the office standards and for scientific purposes.
6 Del. C. 1953, §  5104;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31A;  58 Del. Laws, c. 281, §  3;  70 Del. Laws, c. 370, §  5;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5105. Field standards and equipment.

§ 5105. Field standards and equipment.
In addition to the state standards provided for in § 5104 of this title, there shall be supplied by the State such “field standards” and such equipment as may be found necessary to carry out the provisions of this chapter. The field standards shall be verified upon their initial receipt and thereafter as often as deemed necessary by the Secretary by comparison with state standards. The specifications and tolerances for reference standard and field standard weights and measures shall be those as specified in Handbooks 105-1, 105-2 and 105-3 of the National Institute of Standards and Technology and supplements thereto, or in any publication superseding these publications.
6 Del. C. 1953, §  5105;  53 Del. Laws, c. 187, §  3;  58 Del. Laws, c. 281, §  4;  70 Del. Laws, c. 370, §  6;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5106. General powers and duties of Secretary of Agriculture.

§ 5106. General powers and duties of Secretary of Agriculture.
The Secretary of Agriculture shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this chapter, and shall keep accurate records of the same. The Secretary of Agriculture shall enforce the provisions of this chapter. The Secretary of Agriculture shall have and keep a general supervision over the weights and measures offered for sale, sold, or in use in the State.
6 Del. C. 1953, §  5108;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §§  31C, D;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5108. Testing at state-supported institutions.

§ 5108. Testing at state-supported institutions.
The Secretary of Agriculture shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the General Assembly, reporting those findings in writing to the supervisory board and to the executive officer of the institution concerned.
6 Del. C. 1953, §  5110;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5109. General testing.

§ 5109. General testing.
When not otherwise provided by law, the Secretary of Agriculture shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. It shall be the duty of the Secretary of Agriculture, within a 12-month period or less frequently if in accordance with a schedule issued by the Secretary of Agriculture, and as much more often as deemed necessary to inspect and test, to ascertain if they are correct, all weights and measures commercially used (1) in determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or of count, or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or of count; provided, that with respect to single-service devices — that is, devices designed to be used commercially only once and to be then discarded — and with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of such devices; and the lots of which such samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples.
6 Del. C. 1953, §  5111;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5110. Investigations.

§ 5110. Investigations.
The Secretary of Agriculture shall investigate complaints concerning violations of the provisions of this chapter, and shall, upon the Secretary of Agriculture's own initiative, conduct such investigations as deemed appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this chapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
6 Del. C. 1953, §  5112;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5111. Inspection of packages.

§ 5111. Inspection of packages.
The Secretary of Agriculture shall, as often as necessary to provide adequate protection, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or exposed for sale, or sold, in accordance with law; and when such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of law, the Secretary of Agriculture may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the Secretary of Agriculture may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot. No person shall (1) sell, or keep, offer, or expose for sale in intrastate commerce any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements, or (2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner except with the specific approval of the Secretary of Agriculture.
6 Del. C. 1953, §  5113;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  58 Del. Laws, c. 281, §  6;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5112. Stop-use, stop-removal, and removal orders.

§ 5112. Stop-use, stop-removal, and removal orders.
The Secretary of Agriculture shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of enforcement of the provisions of this chapter the Secretary of Agriculture deems it necessary or expedient to issue such orders, and no person shall use, remove from the premises specified, or fail to remove from the premises specified any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under the authority of this section.
6 Del. C. 1953, §  5114;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5113. Disposition of correct and incorrect apparatus.

§ 5113. Disposition of correct and incorrect apparatus.
The Secretary of Agriculture shall approve for use and seal or mark with appropriate devices such weights and measures found upon inspection and test to be “correct” as defined in § 5107 of this title, and shall reject and mark or tag as “rejected” such weights and measures found, upon inspection or test, to be “incorrect” as defined in § 5107 of this title, but which in the Secretary of Agriculture's best judgment are susceptible of satisfactory repair; provided that, such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a regulation of the Secretary of Agriculture issued under the authority of § 5107 of this title. The Secretary of Agriculture shall condemn, and may seize and may destroy, weights and measures found to be incorrect that, in the Secretary of Agriculture's best judgment, are not susceptible of satisfactory repair. Weights and measures that have been rejected may be confiscated and may be destroyed by the Secretary of Agriculture if not corrected as required by § 5116 of this title, or if used or disposed of contrary to the requirements of § 5116 of this title.
6 Del. C. 1953, §  5115;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5114. Police powers; right of entry and stoppage.

§ 5114. Police powers; right of entry and stoppage.
With respect to the enforcement of this chapter and any other chapters dealing with weights and measures that the Secretary of Agriculture is, or may be, empowered to enforce, the Secretary of Agriculture is hereby vested with police powers, and shall have police powers similar to those of constables and other police officers and may arrest any violator of the said chapters, and seize for use as evidence, incorrect or unsealed weights and measures or amounts or packages of commodity, found to be used, retained, offered or exposed for sale, or sold in violation of law. In the performance of official duties, the Secretary of Agriculture may enter and go into or upon, any structure or premises, and stop any person whatsoever and require that person to proceed, with or without any vehicle of which he or she may be in charge, to some place which the Secretary of Agriculture may specify.
6 Del. C. 1953, §  5116;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 266, §  11;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5115. Powers and duties of inspectors.

§ 5115. Powers and duties of inspectors.
The powers and duties given to and imposed upon the Secretary of Agriculture by §§ 5108, 5109, 5110, 5111, 5112, 5113, 5114 and 5137 of this title are given to and imposed upon the inspectors also, when acting under the instructions and at the direction of the Secretary of Agriculture.
6 Del. C. 1953, §  5117;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5116. Duty of owners of incorrect apparatus.

§ 5116. Duty of owners of incorrect apparatus.
Weights and measures that have been rejected under the authority of the Secretary of Agriculture shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section. The owners of such rejected weights and measures shall cause the same to be made correct within 30 days or such longer period as may be authorized by the rejecting authority; or, in lieu of this, may dispose of the same, but only in such manner as is specifically authorized by the rejecting authority. Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined and found to be correct or until specific written permission for such use is issued by the rejecting authority or until the rejection tag has been removed and the rejected device repaired and placed in service by a person duly registered to perform such acts under a regulation issued by the Secretary for the registration of weights and measures, servicemen and service agencies.
6 Del. C. 1953, §  5118;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  58 Del. Laws, c. 281, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5117. Method of sale of commodities.

§ 5117. Method of sale of commodities.
Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count; provided, that liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold; and provided further, that the provisions of this section shall not apply:
(1) To commodities when sold for immediate consumption on the premises where sold,
(2) To vegetables when sold by the head or bunch,
(3) To commodities in containers standardized by a law of this State or by federal law,
(4) To commodities in package form when there exists a general consumer usage to express the quantity in some other manner,
(5) To concrete aggregates, concrete mixtures, and loose solid materials such as earth, soil, gravel, crushed stone, and the like, when sold by cubic measure, or
(6) To unprocessed vegetable and animal fertilizer when sold by cubic measure.
The Secretary of Agriculture, subject to the approval of the Department of Agriculture, may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest.
6 Del. C. 1953, §  5119;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §§  31C, 31F;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5118. Packages; declarations of quantity and origin; variations; exemptions.

§ 5118. Packages; declarations of quantity and origin; variations; exemptions.
Except as otherwise provided in this chapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside of the package a definite, plain, and conspicuous declaration of (1) the identity of the commodity in the package unless the same can easily be identified through the wrapper or container, (2) the net quantity of the contents in terms of weight, measure, or count, and (3) in the case of any package kept, offered, or exposed for sale, or sold any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor as may be prescribed by regulation issued by the Secretary; provided, that in connection with the declaration required under clause (2), neither the qualifying term “when packed” or any words of similar import, nor any term qualifying a unit of weight, measure, or count (for example, “jumbo,” “giant,” “full,” and the like) that tends to exaggerate the amount of commodity in a package, shall be used; and provided further, that under clause (2) the Secretary of Agriculture shall, by regulation, establish (a) reasonable variations to be allowed, which may include variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure, (b) exemptions as to small packages, and (c) exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer.
6 Del. C. 1953, §  5120;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  58 Del. Laws, c. 281, §§  8, 9;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5119. Declarations of unit price on random packages.

§ 5119. Declarations of unit price on random packages.
In addition to the declarations required by § 5118 of this title, any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count.
6 Del. C. 1953, §  5121;  53 Del. Laws, c. 187, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5121. Advertising packages for sale.

§ 5121. Advertising packages for sale.
Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as is required by law or regulation to appear on the package; provided, that, where the law or regulation requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure (the declaration that is required to appear first and without parentheses on the package) need appear in the advertisement; and provided further, that there shall not be included as part of the declaration required under this section such qualifying terms as “when packed,” “minimum,” “not less than,” or any other terms of similar import, nor any term qualifying a unit of weight, measure, or count (for example, “jumbo,” “giant,” “full,” and the like) that tends to exaggerate the amount of commodity in the package.
6 Del. C. 1953, §  5123;  53 Del. Laws, c. 187, §  3;  58 Del. Laws, c. 281, §  11;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5122. Sale by net weight.

§ 5122. Sale by net weight.
The word “weight” as used in this chapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed.
6 Del. C. 1953, §  5124;  53 Del. Laws, c. 187, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5123. Misrepresentation of price.

§ 5123. Misrepresentation of price.
Whenever any commodity or service is sold or is offered, exposed or advertised for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted or labeled price per unit of weight, measure or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as and at least 1/2 the height and width of the numerals representing the whole cents. The procedures used for price verification shall be those recommended by the National Institute of Standards and Technology in the Examination Procedure for Price Verification in Handbook 130 and supplements thereto, or in any publication superseding these publications.
6 Del. C. 1953, §  5125;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  9;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5124. Meat, poultry and seafood.

§ 5124. Meat, poultry and seafood.
Meat, poultry and seafood shall be sold by weight, except that whole shellfish in the shell and ready to eat food may be sold by weight, measure and/or count.
6 Del. C. 1953, §  5126;  53 Del. Laws, c. 187, §  3;  58 Del. Laws, c. 281, §  12;  66 Del. Laws, c. 164, §  1;  70 Del. Laws, c. 370, §  10;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5125. Clams, mussels, oysters, and other mollusks.

§ 5125. Clams, mussels, oysters, and other mollusks.
Whole clams, oysters, mussels or other mollusks in the shell, whether fresh or frozen, shall be sold by weight including the weight of the shell, but not including the liquid of ice packed with them, dry measure and/or count. In addition, size designations may be provided. Fresh oysters removed from the shell shall be sold by weight or by fluid volume. For oysters sold by weight or by volume, a maximum of 15 percent free liquid by weight is permitted.
6 Del. c. 1953,, §  5128;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  11;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5126. Non-food products.

§ 5126. Non-food products.
The specifications and requirements for non-food products shall be those specified by the National Institute of Standards and Technology, Handbook 130 and supplements thereto, or in any publication revising or superseding Handbook 130, except insofar as specifically modified, amended or rejected by a regulation issued by the Secretary of Agriculture.
70 Del. Laws, c. 370, §  13;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5127. Bulk deliveries of commodities sold in terms of weight.

§ 5127. Bulk deliveries of commodities sold in terms of weight.
Whenever a vehicle delivers to an individual purchaser a commodity in bulk and the commodity is sold in terms of weight units, the delivery shall be accompanied by duplicate delivery tickets on which, in ink or other indelible substance, there shall be clearly stated:
(1) The name and address of the vendor;
(2) The name and address of the purchaser, and
(3) The net weight of the delivery and the gross and tare weights from which the net weight is computed, each expressed in pounds.
One of these tickets shall be retained by the vendor and the other shall be delivered to the purchaser at the time of delivery of the commodity or shall be left at a safe place at the place of delivery or shall be surrendered, on demand, to the Secretary of Agriculture, or an inspector, who, if the inspector desires to retain it as evidence, shall issue a weight slip in lieu thereof for delivery to the purchaser; provided, that if the purchaser carries away the purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered.
6 Del. C. 1953, §  5131;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §§  31C, 31G;  58 Del. Laws, c. 281, §  15;  70 Del. Laws, c. 370, §  12;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5129. Berries and small fruits.

§ 5129. Berries and small fruits.
Berries and small fruits shall be offered and exposed for sale and sold by weight or by measure in open containers having capacities of 1/2 dry pint, 1 dry pint or 1 dry quart; provided, that the marking provisions of § 5118 of this title shall not apply to such containers.
6 Del. C. 1953, §  5134;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  12;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5130. Construction of contracts.

§ 5130. Construction of contracts.
Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in §§ 5101 and 5102 of this title, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.
6 Del. C. 1953, §  5135;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  12;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5132. Hindering or obstructing officer; penalties.

§ 5132. Hindering or obstructing officer; penalties.
Any person who shall hinder or obstruct in any way the Secretary of Agriculture, or any 1 of the inspectors, in the performance of official duties, shall, upon conviction thereof, be punished by a fine of not less than $100 or more than $500, or by imprisonment for not more than 3 months, or by both such fine and imprisonment.
6 Del. C. 1953, §  5137;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 370, §§  12, 15;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5133. Impersonation of officer; penalties.

§ 5133. Impersonation of officer; penalties.
Any person who shall impersonate in any way the Secretary of Agriculture or any one of the inspectors by the use of the Secretary's seal or a counterfeit of the Secretary's seal, or in any other manner, upon conviction thereof, shall be punished by a fine of not less than $100 or more than $500, or by imprisonment for not more than 6 months, or by both such fine and imprisonment.
6 Del. C. 1953, §  5138;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 370, §  12;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5134. Offenses and penalties.

§ 5134. Offenses and penalties.
(a) No person shall:
(1) Use or have in possession for the purpose of using for any commercial purpose specified in § 5109 of this title, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure;
(2) Use, or have in possession for the purpose of current use for any commercial purpose specified in § 5109 of this title, a weight or measure that does not bear a seal or mark such as is specified in § 5113 of this title, unless such weight or measure has been exempted from testing by the provisions of § 5109 of this title, or by a regulation of the Secretary of Agriculture issued under the authority of § 5107 of this title unless the device has been placed in service as provided by a regulation of the Secretary issued under the authority of § 5107 of this title;
(3) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation;
(4) Remove from any weight or measure, contrary to law or regulation, any tag, seal or mark placed thereon by the appropriate authority;
(5) Sell, or offer or expose for sale, less than the quantity the person represents of any commodity, thing or service;
(6) Take more than the quantity the person represents of any commodity, thing or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined;
(7) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any commodity, thing or service in a condition or manner contrary to law or regulation;
(8) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer;
(9) Violate any provision of this chapter or of the regulations promulgated under this chapter for which a specific penalty has not been prescribed.
(b) Any person who, by himself or herself or by his or her employee or agent or as the employee or agent of another person, performs any one of the acts enumerated in paragraphs (a)(1) through (9) of this section, upon a first conviction thereof, shall be punished by a fine of not less than $50 nor more than $500 and upon any subsequent conviction thereof occurring within 2 years from the first conviction, shall be punished by a fine of not less than $250 nor more than $1000.
6 Del. C. 1953, §  5139;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  58 Del. Laws, c. 281, §§  19, 20;  69 Del. Laws, c. 102, §§  1, 2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 370, §§  12, 16;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5135. Injunction.

§ 5135. Injunction.
The Secretary of Agriculture may apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating this chapter.
6 Del. C. 1953, §  5140;  53 Del. Laws, c. 187, §  3;  57 Del. Laws, c. 764, §  31C;  70 Del. Laws, c. 370, §  12;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5136. Presumptive evidence.

§ 5136. Presumptive evidence.
For the purposes of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle.
6 Del. C. 1953, §  5141;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  12;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5137. Validity of prosecutions.

§ 5137. Validity of prosecutions.
Prosecutions for violation of this chapter shall be valid and proper notwithstanding the existence of any other valid general or specific chapter of the Delaware Laws dealing with matters that may be the same as or similar to those covered by this chapter.
6 Del. C. 1953, §  5142;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  12;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas.

§ 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas.
Justices of the peace and the Court of Common Pleas shall have concurrent jurisdiction over violations of this chapter.
6 Del. C. 1953, §  5143;  53 Del. Laws, c. 187, §  3;  58 Del. Laws, c. 281, §  21;  70 Del. Laws, c. 370, §  12;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5139. Citation.

§ 5139. Citation.
This chapter may be cited as the “Weights and Measures Act of Delaware.”
6 Del. C. 1953, §  5144;  53 Del. Laws, c. 187, §  3;  70 Del. Laws, c. 370, §  12;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 51. STANDARD WEIGHTS AND MEASURES › § 5142. Administrative penalties.

§ 5142. Administrative penalties.
(a) In addition to proceeding under any other remedy available at law or in equity for a violation of this chapter or a rule or regulation adopted thereunder, or any order issued pursuant to this chapter, the Secretary, in the Secretary's discretion, may assess an administrative penalty not less than $500 nor more than $10,000 for each offense.
(b) 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 hearing. Any hearing, if requested, right of appeal and judicial appeal shall be conducted in accordance with Chapter 101 of Title 29. The Secretary shall render an opinion within 30 days of said hearing.
(c) In determining the amount of the penalty, the Secretary shall consider the appropriateness of such penalty to the size of the person's ability to continue in business and the gravity of the violation. Whenever the Secretary finds the violation occurred despite the exercise of due care, the Secretary may issue a warning in lieu of assessing a penalty.
72 Del. Laws, c. 377, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 55. PLANE COORDINATE SYSTEM › § 5501. Delaware Coordinate System.

§ 5501. Delaware Coordinate System.
The systems of plane coordinates which have been established by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors for defining and stating the geographic positions or locations of points on the surface of the Earth within the State are hereafter to be known and designated as the Delaware Coordinate System of 1927 and the Delaware Coordinate System of 1983, respectively.
45 Del. Laws, c. 266, §  1;  6 Del. C. 1953, §  5501;  72 Del. Laws, c. 95, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 55. PLANE COORDINATE SYSTEM › § 5502. Definition of Delaware Coordinate System.

§ 5502. Definition of Delaware Coordinate System.
(a) For defining the Delaware Coordinate System of 1927, the following definition by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) is adopted:
The “Delaware Coordinate System of 1927” is a transverse Mercator projection of the Clarke spheroid of 1866, having a central position meridian 75° 25′ west of Greenwich, on which meridian the scale is set at 1 part in 200,000 too small. The origin of the coordinates is at the intersection of the meridian 75° 25′ west of Greenwich and the parallel 38° 20′ north latitude. This origin is given the coordinates:
x = 500,000 feet and y = 0 feet.
(b) For defining the Delaware Coordinate System of 1983, the following definition by the National Ocean Service/National Geodetic survey is adopted:
The “Delaware Coordinate System of 1983” is a transverse Mercator projection of the North American Datum of 1983, having a central meridian 75° 25′ west of Greenwich, on which meridian the scale is set at 1 part in 200,000 too small. The origin of coordinates is at the intersection of the meridian 75° 25′ west of Greenwich and the parallel 38° 00′ north latitude. This origin is given the coordinates:
N = 0 meters and E = 200,000 meters.
45 Del. Laws, c. 266, §  3;  6 Del. C. 1953, §  5502;  72 Del. Laws, c. 95, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 55. PLANE COORDINATE SYSTEM › § 5503. Description of plane coordinates.

§ 5503. Description of plane coordinates.
The plane coordinate values for a point on the Earth's surface, used to express the geographic position or location of such point in the appropriate zone of this system, shall consist of 2 distances, expressed in U.S. Survey Feet and expressed in meters and decimals of a meter when using the Delaware Coordinate System of 1983. When using the Delaware Coordinate System of 1927, 1 of these distances, to be known as the “x-coordinate,” shall give the position in an east-and-west direction; the other, to be known as the “y-coordinate,” shall give the position in a north-and-south direction. When using the Delaware Coordinate System of 1983, 1 of the distances, to be known as the “northing,” of “N,” shall give the position in a north-and-south direction; the other, to be known as the “easting” or “E,” shall give the position in an east-and-west directional. In both cases these coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monument points of the North American National Geodetic Horizontal Network as published by the National Ocean Service/National Geodetic survey (formerly the United States Coast and Geodetic Survey) or its successors, and whose plane coordinates have been computed on the systems defined in this chapter. Any such station may be used for establishing a survey connection to either Delaware Coordinate System. The unit used to convert feet to meters shall be the United States survey foot, which is 39.37/12 feet for each meter.
45 Del. Laws, c. 266, §  2;  6 Del. C. 1953, §  5503;  72 Del. Laws, c. 95, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 55. PLANE COORDINATE SYSTEM › § 5504. Triangulation or traverse stations.

§ 5504. Triangulation or traverse stations.
The position of the Delaware Coordinate System shall be as marked on the ground by Global Positioning System (GPS) of horizontal control stations established in conformity with standards adopted by the North American National Geodetic Horizontal Network as published by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) for first-order and second-order work, whose geodetic positions have been rigidly adjusted on the North American Datum of 1927 or the North American Datum of 1983, and whose coordinates have been computed on the systems defined in this chapter. Any such station may be used for establishing a survey connection with either Delaware Coordinate System.
45 Del. Laws, c. 266, §  3;  6 Del. C. 1953, §  5504;  72 Del. Laws, c. 95, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 55. PLANE COORDINATE SYSTEM › § 5505. Standard for recording coordinates in public records.

§ 5505. Standard for recording coordinates in public records.
No coordinates based on either Delaware Coordinate System, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is established in conformity with the standards of accuracy and specifications for first- or second-order geodetic surveying as prepared and published by the Federal Geodetic Control Committee (FGCC) of the United States Department of Commerce. Standards and specifications of the FGCC or its successor in force on the date of said survey shall apply. Publishing existing control stations, or the acceptance with intent to publish the newly established stations, by the National Ocean Service/National Geodetic Survey, shall constitute evidence of adherence to FGCC specifications. To meet local conditions, these limitations may be modified by the Secretary of the Department of Transportation in compliance with Chapter 101 of Title 29 after consultation with the Office of State Planning Coordination, the Delaware Geographic Data committee and the State Mapping Advisory Committee.
45 Del. Laws, c. 266, §  4;  6 Del. C. 1953, §  5505;  72 Del. Laws, c. 95, §  1;