reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter V. Enforcement, Suits for Enforcement, and Incentives › § 2282. Protection from enforcement.

§ 2282. Protection from enforcement.
The Commission shall establish a list of best management practices for which funding is available from the Department and/or other local, state or federal agencies. Should any person be required under this chapter or regulations promulgated hereunder to undertake any of the activities for which funding is available and fail to receive funding due to insufficient funds available through those local, state or federal agencies, the Commission shall not begin any enforcement action under § 2280 of this title until such funding becomes available; provided, however, that the owner-operator must accept the first available funding after a period of 3 years, dated from nutrient management plan acceptance.
72 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 22. NUTRIENT MANAGEMENT › Subchapter VI. Program Reports › § 2290. Annual reports.

§ 2290. Annual reports.
(a) The Commission shall prepare and submit an annual report of its activities and the environmental results that have accrued during the previous year for the Governor and the General Assembly by April 1 each year. Each annual report shall include:
(1) Specific recommendations for incentives to promote best management practices within the industry;
(2) A complete list and delineation of all critical areas identified jointly with the Secretary of the Department of Natural Resources and Environmental Control that will be targeted for action and the reasons therefor;
(3) A listing of all nutrient management training and education opportunities that were available in the State or within a reasonable travel distance, and any records of participation in those events; and
(4) Best management practices implemented and the amount of acres under nutrient management plans by watershed.
(b) (1) Each person required to maintain a nutrient management plan or animal waste management plan shall submit to the Commission by March 1 of every calendar year, on a form developed and supplied by the Commission, a report detailing, at a minimum, the following:
a. The amount of animal wastes applied to the land and the quantity of land it was applied to;
b. The amount of animal wastes transferred for alternative uses (if applicable); and
c. The amount of inorganic fertilizers applied to the land.
(2) All reports submitted under this subsection shall not be considered public records under Delaware's Freedom of Information Act and shall not be disclosed. Such data may be used for data compilation. Notwithstanding the foregoing, reports submitted by permitted concentrated animal feeding operations under this subsection or under the CAFO NPDES Program may be retained, disclosed and made public as provided for in § 2248 of this title.
72 Del. Laws, c. 60, §  1;  78 Del. Laws, c. 37, §  8;
2023 Delaware Code › Title 3 - Agriculture › Chapter 23. IRRIGATION PRESERVATION › § 2301. Agricultural lands and use of treated wastewater effluent.

§ 2301. Agricultural lands and use of treated wastewater effluent.
Notwithstanding any law or regulation to the contrary:
(1) Any agricultural lands which are actively being farmed shall have the right to receive and recycle to such land reclaimed water through irrigation systems.
(2) Any agricultural land receiving and applying reclaimed water pursuant to paragraph (1) of this section may also be leased to a private or public entity for irrigation systems to disperse said reclaimed water in accordance with the agronomic requirements of the agricultural land. Such leased irrigation systems shall only be subject to application and permitting of the irrigation systems by the Delaware Department of Natural Resources and Environmental Control.
(3) The receipt and application of reclaimed water for irrigation purposes on agricultural lands subject to agricultural lands preservation under Chapter 9 of this title shall be permitted subject to the provisions of § 909(a)(5)e. of this title.
(4) Agricultural land may be leased to a public or private entity for irrigation systems to disperse reclaimed water provided that, prior to entering any contractual agreement, and expressly included in the contractual agreement, the private or public entity advises the agricultural landowners of potential limitation, risk and loss regarding the use of reclaimed water on conventional crops for direct human consumption.
77 Del. Laws, c. 123, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 24. NOXIOUS WEED CONTROL › § 2401. Declared public and common nuisance.

§ 2401. Declared public and common nuisance.
The existence of growth of a noxious weed is declared to be a public and common nuisance.
3 Del. C. 1953, §  2401;  57 Del. Laws, c. 701;  63 Del. Laws, c. 360, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 24. NOXIOUS WEED CONTROL › § 2402. Department of Agriculture — Investigations; designation of species; rules; programs of control; acceptance of grants; Weed Advisory Committee.

§ 2402. Department of Agriculture — Investigations; designation of species; rules; programs of control; acceptance of grants; Weed Advisory Committee.
(a) The state Department of Agriculture may make such investigations, studies and determinations as it may deem advisable in order to ascertain the extent of growth and infestation of noxious weeds in this State, and the effect of such species on agricultural production.
(b) The Department shall designate species of weeds which adversely affect or threaten agriculture production as noxious weeds, and may promulgate such rules and regulations as in its judgment are necessary to carry into effect the provisions of this chapter and may alter or suspend such rules when necessary.
(c) The Department may institute programs of control and eradication.
(d) The Department may enter into agreements with any county or subdivision of this State, with any adjoining state, or with agencies of the federal or state government to effect a program of control and eradication.
(e) The Department may accept, use, or expend such aid, gift, grant, or loan as may from time to time be made available from any source, public or private, for the purposes of carrying out the provisions of this chapter.
(f) A Weed Advisory Committee consisting of 5 persons shall serve in an advisory capacity to the Secretary on matters concerning noxious weed control in the State. The Committee shall consist of a cooperative extension representative from the University of Delaware, chosen by the Director of Cooperative Extension Service; the Noxious Weed Specialist, State Department of Agriculture; and 1 person from each of the 3 counties to be chosen by the Governor's Council on Agriculture.
3 Del. C. 1953, §  2402;  57 Del. Laws, c. 701;  63 Del. Laws, c. 360, §§  2-4;
2023 Delaware Code › Title 3 - Agriculture › Chapter 24. NOXIOUS WEED CONTROL › § 2403. Same — Agreements relating to eradication.

§ 2403. Same — Agreements relating to eradication.
The state Department of Agriculture may enter into an agreement with any designated county in this State for the purpose of control and eradication of designated noxious weed within that county. When such an agreement is executed and certified in writing to the Secretary of State, the Department and the county may conduct surveys to determine the location and amount of infestations of designated noxious weed within that county, and may provide technical and financial assistance to landowners in a cooperative control or eradication program, and may effect a program of mowing, spraying, or other control or eradication practices on road rights-of-way, drainage ditch banks, parks, playgrounds, and other public or private lands. The agreement between the Department and county may be terminated by either party on 30 days written notice.
3 Del. C. 1953, §  2403;  57 Del. Laws, c. 701;  63 Del. Laws, c. 360, §  5;
2023 Delaware Code › Title 3 - Agriculture › Chapter 24. NOXIOUS WEED CONTROL › § 2404. Importation; transportation; elimination.

§ 2404. Importation; transportation; elimination.
(a) It shall be unlawful to import designated noxious weeds into this State, or to transport designated noxious weeds within this State, in any form capable of growth, except for purposes of research with the prior written approval of the state Department of Agriculture. It shall be unlawful to knowingly contaminate any uninfested land or roadway with designated noxious weeds through the movement of rootstocks, seed, soil, mulch, nursery stock, farm machinery, or other medium.
(b) It shall be unlawful to knowingly allow designated noxious weeds to set seed on any land, or to allow any portion of a designated noxious weed plant to reach a height of 24 inches; and it shall be the duty of each landowner or person who has the present right to possess and/or use the land to mow, cultivate, treat with chemicals, or use such other practices as may be prescribed by the Department of Agriculture as effective in preventing seed set on designated noxious weed infestations or in elimination of the designated noxious weed plant.
3 Del. C. 1953, §  2404;  57 Del. Laws, c. 701;  59 Del. Laws, c. 160, §  1;  63 Del. Laws, c. 360, §§  6, 7;
2023 Delaware Code › Title 3 - Agriculture › Chapter 24. NOXIOUS WEED CONTROL › § 2405. Prosecution of violations.

§ 2405. Prosecution of violations.
Failure to comply with the provisions of this chapter may result in the assessment of a civil penalty. No civil penalty shall be imposed until an administrative hearing is held before the Secretary or the Secretary's designee after due notice has been given to the landowner or person who possesses or has use of the land in accordance with § 10122 of Title 29. Provided, however, a landowner or person who possesses or has the use of that land may enter into a written agreement with the Department of Agriculture specifying terms and conditions of a program for the control and eradication of designated noxious weeds, and so long as all the terms and conditions are being complied with, there is no violation of this chapter as to the land covered by the agreement.
3 Del. C. 1953, §  2405;  57 Del. Laws, c. 701;  63 Del. Laws, c. 360, §  8;  70 Del. Laws, c. 285, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 24. NOXIOUS WEED CONTROL › § 2406. Hearing procedure and appeals.

§ 2406. Hearing procedure and appeals.
All hearings which are held to enforce the provisions of this chapter shall be conducted by the Secretary or the Secretary's designee. The landowner or person who possesses or has use of the land shall have the right to appear personally, and to be represented by counsel, and to provide evidence and witnesses in the landowner's or person's own behalf. The Department shall preserve a full record of the proceeding. A transcript of the record may be purchased by any person interested in such hearing on payment to the Department the cost of preparing such transcript. The Department shall issue a decision in writing to the landowner or person who possesses or has use of the land within 30 days of the conclusion of the hearing. Any individual who feels aggrieved by an action of the Department as a result of an action resulting from a hearing held under this chapter may take an appeal, within 30 days of such action, to the Superior Court, and after full hearing the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds therefor, shall be served upon the Secretary of the Department.
70 Del. Laws, c. 285, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 24. NOXIOUS WEED CONTROL › § 2407. Penalties.

§ 2407. Penalties.
(a) Any person who interferes with the Department of Agriculture in the enforcement of this chapter as determined in an administrative hearing, shall be assessed a civil penalty of no less than $50 nor more than $500 on each count.
(b) Any person who refuses to comply with the provisions of this chapter shall be assessed a civil penalty of a minimum of $100 or $25 per acre of land upon which noxious weeds have set seed, whichever is greater.
(c) The proceeds of any fines or penalties imposed under this chapter shall be deposited into an appropriated special fund account in the Department of Agriculture. These funds shall be used to support the noxious weed eradication programs of the Department of Agriculture.
70 Del. Laws, c. 285, §  3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 24. NOXIOUS WEED CONTROL › § 2408. Cutting and spraying of noxious weeds by the Department of Transportation.

§ 2408. Cutting and spraying of noxious weeds by the Department of Transportation.
The Department of Transportation shall cut down, or cause to be cut down, noxious weeds growing in the rights-of-way over which it has charge or supervision, as often in each year as shall be sufficient to prevent them from going to seed. When particular problem areas have been identified, they shall be sprayed to eradicate the weed.
64 Del. Laws, c. 285, §  1;  70 Del. Laws, c. 285, §  3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS › § 2501. Definitions.

§ 2501. Definitions.
As used in this chapter:
(1) “Person” means any individual, firm, partnership, corporation, company, association, society, joint-stock company or syndicate, their lessees, trustees or receivers.
(2) “Dealer” means any person who solicits or receives any agricultural products from the producer or other supplier on consignment as a commission merchant, or who purchases agricultural products for resale at wholesale as a dealer, or who negotiates the purchase or sale of any agricultural product as a broker. The term “dealer” shall exclude the Southern Delaware Truck Growers Association Incorporated or similar organizations, and persons who operate as cash buyers.
(3) “Delaware broker” means any person whose principal place of business is in the State that has been engaged in the business of negotiating sales and purchases of any perishable agricultural products in the State for at least 5 years and has net assets in the State with value equal to or exceeding the bonding requirements of this chapter.
(4) “Cash buyer” means a dealer who pays for agricultural products in United States currency, certified checks, cashier's checks or drafts issued by a bank at the time the product is removed from a producer's and/or auction market's premises.
(5) “Producer” means any person in this State who produces agricultural products.
(6) “Agricultural products” means fruits and vegetables, and for the purpose of this chapter shall be construed to include, but not by way of limitation, apples, cabbage, cantaloupes, cucumbers, melons, potatoes, sweet corn and tomatoes.
(7) “Department” means the Delaware Department of Agriculture.
(8) “Secretary” means the Secretary of the Delaware Department of Agriculture.
3 Del. C. 1953, §  2501;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  58 Del. Laws, c. 557, §  1;  65 Del. Laws, c. 116, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS › § 2502. License required of dealer.

§ 2502. License required of dealer.
It shall be unlawful for any dealer in agricultural products to operate and conduct a business without first having obtained a license as provided in this chapter. The Department shall publish annually a list of licensed dealers under this chapter.
3 Del. C. 1953, §  2502;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  65 Del. Laws, c. 116, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS › § 2503. Dealers licensed annually.

§ 2503. Dealers licensed annually.
Every dealer in agricultural products proposing to transact business with producers and/or auction markets in this State shall file a written application for a license or for the renewal of a license with the Department. The application shall be on a form furnished by the Department and shall contain the following information along with such other information as the Department shall require:
(1) The name and address of the applicant and that of its local agents, if any, and the location of its principal place of business; (2) the kinds of agricultural products the applicant proposes to handle; (3) the type of produce business proposed to be conducted. All licenses shall expire on March 31 of each year.
3 Del. C. 1953, §  2503;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  58 Del. Laws, c. 557, §  2;  65 Del. Laws, c. 116, §  1;  73 Del. Laws, c. 120, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS › § 2504. License fee; bond required; exceptions to bond requirement.

§ 2504. License fee; bond required; exceptions to bond requirement.
All applications shall be accompanied by a license fee of $25 and a good and sufficient bond in the minimum sum of $25,000. In any event, the bond shall be equal to or greater than the maximum amount of gross business done in this State the previous calendar year, but in no event shall the amount of bond required exceed $50,000. After a hearing on any complaint against a licensee, a maximum bond of $100,000 may be required at the discretion of the Secretary. In lieu of the bond, applicants may deposit with the Secretary, United States government securities, irrevocable letters of credit, or appropriate certificate of deposit, satisfactory to the Secretary, to which every producer and/or auction market with whom the licensee does business has recourse on a claim filed in writing with the Department of Agriculture. In lieu of bond Delaware brokers may submit evidence satisfactory to the Secretary that they have net assets in the State with value equal to or exceeding the bonding requirements of this section.
3 Del. C. 1953, §  2504;  56 Del. Laws, c. 456, §  1;  65 Del. Laws, c. 116, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS › § 2505. Execution of bond; bond form; action upon bond.

§ 2505. Execution of bond; bond form; action upon bond.
The bond referred to in this chapter shall be executed by the applicant and by a surety company authorized and qualified to do business in this State as surety in favor of the Secretary in the Secretary's official capacity for the benefit of all producers with whom the applicant shall transact business, for the period that the license is in force. Such bond shall be upon a form prescribed or approved by the Department and shall be conditioned to secure the faithful accounting for payment to producers, agents or representatives, of all agricultural products purchased, handled or sold by the dealer. Any producer claiming to be injured by the nonpayment, fraud, deceit or negligence of any dealer may bring action therefor upon the bond against the principal or the surety, or both, by the filing of a verified complaint. Such verified complaint shall be upon a form prescribed or approved by the Secretary.
3 Del. C. 1953, §  2505;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  58 Del. Laws, c. 557, §  3;  65 Del. Laws, c. 116, §  1;  84 Del. Laws, c. 42, § 18;
2023 Delaware Code › Title 3 - Agriculture › Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS › § 2506. Renewal of license.

§ 2506. Renewal of license.
Upon proof of payment of the renewal premium continuing the bond required by this chapter in full force and effect, or proof that the applicant meets 1 of the exceptions to the bond requirement set forth in § 2504 hereof, and upon the payment of a fee of $25 on or before the expiration date of any license issued under this chapter, the applicant shall be entitled to a renewal of license for another year.
3 Del. C. 1953, §  2506;  56 Del. Laws, c. 456, §  1;  65 Del. Laws, c. 116, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS › § 2507. Fees collected.

§ 2507. Fees collected.
All sums received by the Department for license fees and renewals shall be paid into the State Treasury to the credit of the General Fund.
3 Del. C. 1953, §  2507;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  65 Del. Laws, c. 116, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS › § 2508. Dealer to keep records.

§ 2508. Dealer to keep records.
Every dealer who has received any agricultural product from a producer shall make and keep a correct record and retain the same for 2 years, showing in detail the following with reference to the handling or sale of such agricultural products, along with such other information as the Department by regulation may require:
(1) The name and address of the producer;
(2) The date received;
(3) The condition, grade (if officially graded) and quantity on receipt;
(4) The date of resale or transfer of the products to another;
(5) The price at which purchased and sold.
3 Del. C. 1953, §  2508;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  65 Del. Laws, c. 116, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS › § 2510. Refusal or revocation of license; hearing.

§ 2510. Refusal or revocation of license; hearing.
(a) The Department may refuse to grant a license or may revoke any license already granted, as the case may be, when it is satisfied of the existence of any of the following causes:
(1) The dealer has suffered a money judgment to be entered against the dealer upon which execution has been returned unsatisfied;
(2) The dealer has failed promptly and properly to account and to pay for agricultural products;
(3) The dealer has made a false or misleading statement as to market conditions or the service rendered, if any, with the intent to defraud;
(4) The dealer has perpetrated a fraud or engaged in deceit in procuring the license;
(5) The dealer has engaged in any fraudulent or deceitful practices in dealings with producers.
(b) Before any license is refused or revoked, the Department or its authorized agents shall give the applicant or licensee at least 20 days' notice of the time and place of hearing on refusal or revocation of a license. At the time and place of hearing, the Department or its authorized agents shall receive evidence, administer oaths, examine witnesses and hear testimony and shall file an order either dismissing the proceeding or refusing or revoking the license.
3 Del. C. 1953, §  2510;  56 Del. Laws, c. 456, §  1;  57 Del. Laws, c. 764, §  11;  58 Del. Laws, c. 557, §  5;  65 Del. Laws, c. 116, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS › § 2511. Penalty.

§ 2511. Penalty.
(a) The Secretary shall have the power to issue an order to any person violating any provision of this chapter to cease and desist from such violation; provided, that any cease and desist order issued pursuant to this section shall expire (1) after 90 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is suspended by an injunction, whichever should first occur.
(b) Whoever violates this chapter, or an order of the Secretary, shall be punishable as follows:
(1) For the 1st offense, be fined not less than $500 nor more than $1,000, or be confined in jail for a period not exceeding 6 months, or both;
(2) Upon conviction of a 2nd offense shall be fined not less than $2,000 nor more than $5,000, or be confined in jail for a period not exceeding 1 year, or both, in the discretion of the court.
3 Del. C. 1953, §  2511;  56 Del. Laws, c. 456, §  1;  65 Del. Laws, c. 116, §  1;  70 Del. Laws, c. 282, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 26. COMMERCIAL FOREST PLANTATIONS › § 2601. Commercial forest plantation.

§ 2601. Commercial forest plantation.
(a) A commercial forest plantation within the meaning and purpose of this chapter is a contiguous area of land of not less than 10 acres upon which the owner proposes to develop and maintain a forest either through planting or natural reproduction or both, to produce timber, pulpwood, poles, sawtimber or other wood products. Such land shall at the time of listing as a commercial forest plantation actually carry sufficient forest growth of suitable character and so distributed as to give reasonable assurance that a stand of merchantable timber will develop therefrom, as determined by the State Forester. The intent and purpose of this section is to exclude from classification as a commercial forest plantation land planted as a nursery, as an orchard, or for ornamental purposes.
(b) Any landowner who establishes a commercial forest plantation, as defined in this chapter, and otherwise complies with this chapter shall be entitled to a 30-year exemption from county property taxes on such plantation.
72 Del. Laws, c. 235, §  3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 26. COMMERCIAL FOREST PLANTATIONS › § 2602. Application for exemption; requirements; examination.

§ 2602. Application for exemption; requirements; examination.
Any owner of a commercial forest plantation may make application to the Department of Agriculture to have such land listed for tax exemption. In making such application, such owner shall file with the Department of Agriculture a sworn statement of compliance with this chapter together with the location, description and acreage of the planted lands or the naturally reforested lands. Additionally, all applications for tax exemption must be accompanied by a forest management plan approved by the State Forester. The Department of Agriculture, upon receipt of such application, shall direct the State Forester to make or cause to be made a thorough examination of the property described in the application and report the findings to the Department of Agriculture.
72 Del. Laws, c. 235, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 26. COMMERCIAL FOREST PLANTATIONS › § 2603. Removal of exempt commercial forest plantation from county assessment books.

§ 2603. Removal of exempt commercial forest plantation from county assessment books.
If the Department determines from the report of the State Forester that the owner has complied with the purpose of this chapter, namely, to develop and maintain upon the owner's land a commercial forest, the Department shall recommend to the assessment board in the county wherein the lands are situated that the enrolled forested lands be removed from the list of assessable property for the period of 30 years, and thereupon the enrolled forested property shall be removed from the list of assessable property for the exemption period, except as provided in this chapter. An owner that maintains a commercial forest plantation in compliance with this chapter for 30 years may reapply for county tax exemption on the plantation in accordance with § 2603 of this title. This will constitute a new 30-year period of tax exemption on the plantation.
72 Del. Laws, c. 235, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 26. COMMERCIAL FOREST PLANTATIONS › § 2604. Voluntary withdrawal of land from exempt status; requirements.

§ 2604. Voluntary withdrawal of land from exempt status; requirements.
Any owner of land listed as commercial forest plantation desiring to withdraw said land from operation of this chapter shall make written application to the Department of Agriculture for such withdrawal. Such application shall be granted only upon evidence that the owner has paid to the county treasurer the amount of tax due on said land as determined by the county board of assessment. The board of assessment shall determine the average value per year of the lands, notwithstanding Chapter 83 of Title 9, during the current period of exemption from taxation and, further, shall determine the amount of tax due on the lands calculated according to the several yearly tax rates at the average valuation. Upon presentation to the Department of Agriculture of the application as provided in this section, the Department of Agriculture shall at once notify the county board of assessment of such action and thereupon the property described in the application shall be removed from classification and thereafter taxed as other property.
72 Del. Laws, c. 235, §  3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 26. COMMERCIAL FOREST PLANTATIONS › § 2605. Restrictions on use of timber.

§ 2605. Restrictions on use of timber.
The owner of any land listed under this chapter may fell and use any dead or injured timber and also cut and remove any live trees when such have been marked for removal with the approval and under the supervision of the Department of Agriculture.
72 Del. Laws, c. 235, §  3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 26. COMMERCIAL FOREST PLANTATIONS › § 2606. Inspections.

§ 2606. Inspections.
The State Forester shall make periodic inspections of classified forest plantations and shall report the findings in writing to the Department of Agriculture. If the State Forester finds that the owner of listed lands has violated this chapter or has neglected or refused to take proper precautions against damage by fire or grazing, or otherwise, the State Forester shall recommend to the Department the removal of said property from classification as commercial forest plantation land.
72 Del. Laws, c. 235, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 28. INDUSTRIAL HEMP › § 2801. Definitions.

§ 2801. Definitions.
For purposes of this chapter:
(1) “Department” means the Department of Agriculture.
(2) “Industrial hemp” means the plant Cannabis sativa L.and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
79 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 28. INDUSTRIAL HEMP › § 2802. Industrial hemp — Agricultural academic research.

§ 2802. Industrial hemp — Agricultural academic research.
(a) Notwithstanding any law or regulation to the contrary, the Department may grow or cultivate industrial hemp for the purpose of agricultural or academic research.
(b) The Department is authorized to certify any higher education institution in Delaware to grow or cultivate industrial hemp for the purpose of agricultural or academic research where such higher education institution submits the following to the Department:
(1) The location where the higher education institution intends to grow or cultivate industrial hemp;
(2) The higher education institution's research plan; and
(3) The name of an employee of the higher education institution that will supervise the industrial hemp growth, cultivation, and research.
(c) The Department shall maintain a list of each higher education institution certified to grow or cultivate industrial hemp under this chapter.
79 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 28. INDUSTRIAL HEMP › § 2803. Fees.

§ 2803. Fees.
The Department may assess fees for participation in the Delaware hemp program under this chapter in the amounts set by regulations promulgated pursuant to the §  101 of this title. All such fees assessed by the Department shall be nonrefundable. The total amount of fees collected under this section shall approximate and reasonably reflect all costs necessary to defray the expenses of the Department in implementing this chapter.
82 Del. Laws, c. 127, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 29. Invasive and Potentially Invasive Plants › § 2902. Definitions.

§ 2902. Definitions.
As used in this chapter:
(1) “Invasive plant” means any living part, cultivar, variety, species, or subspecies not native to Delaware identified by the Secretary as having the potential to do all of the following:
a. Result in widespread dispersal and establishment.
b. Out-compete other species in the same area.
c. Exhibit rapid growth or high seed or propagule productions.
d. Become established in natural areas in the State.
(2) “Secretary” means the Secretary of the Delaware Department of Agriculture.
83 Del. Laws, c. 8, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 29. Invasive and Potentially Invasive Plants › § 2903. Restrictions on invasive and potentially invasive plants.

§ 2903. Restrictions on invasive and potentially invasive plants.
(a) No person may import, export, buy, sell, transport, distribute, or propagate any viable portion, including seeds, of a plant on the Invasive Plant List, unless the Secretary provides prior written approval under subsection (b) of this section.
(b) The Secretary may provide written approval for a person to conduct an activity prohibited under subsection (a) of this section if the purpose of the activity is for any of the following:
(1) Disposal.
(2) Control.
(3) Research or education.
(4) Export for the purpose of disposal, control, research, or education.
(c) No person may import, export, buy, sell, transport, distribute, or propagate any viable portion, including seeds, of a plant on the Plant Watch List, unless the plant is identified with a tag, label, or sign published under § 2904 of this title.
83 Del. Laws, c. 8, § 1;  83 Del. Laws, c. 347, § 2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 29. Invasive and Potentially Invasive Plants › § 2904. Regulations; designation of plants.

§ 2904. Regulations; designation of plants.
(a) (1) The Secretary shall adopt regulations necessary to carry out the purposes of this chapter.
(2) The regulations adopted under paragraph (a)(1) of this section shall include all of the following:
a. Maintaining the Invasive Plant List.
b. Establishing and maintaining the Plant Watch List.
(3) The Secretary shall adopt regulations under paragraph (a)(2) of this section with the advice of the Delaware Native Species Commission, so long as the Delaware Native Species Commission exists.
(b) The Invasive Plant List contains plants that are known to be invasive plants. Until revised under paragraph (a)(2)a. of this section, the Invasive Plant List is as follows:
(1) Amur honeysuckle (Lonicera maackii).
(2) Autumn olive (Elaeagnus umbellate).
(3) Callery pear (Pyrus calleryana).
(4) Chinese wisteria (Wisteria sinensis).
(5) Creeping Jenny (Lysimachia nummularia).
(6) Creeping water primrose (Ludwigia peploides subsp. glabrescens).
(7) English ivy (Hedera helix).
(8) European privet (Ligustrum vulgare).
(9) European reed (Phragmites australis subsp. australis).
(10) European sweetflag (Acorus calamus).
(11) Garlic mustard (Alliaria petiolate).
(12) Hydrilla (Hydrilla verticillate).
(13) Japanese barberry (Berberis thunbergia).
(14) Japanese honeysuckle (Lonicera japonica).
(15) Japanese knotweed (Fallopia japonica).
(16) Japanese pachysandra (Pachysandra terminalis).
(17) Japanese stiltgrass (Microstegium vimineum ).
(18) Lesser celandine (Ficaria verna).
(19) Lesser periwinkle (Vinca minor).
(20) Marsh dewflower (Murdannia keisak).
(21) Mile-a-minute weed (Persicaria perfoliate).
(22) Morrow's honeysuckle (Lonicera morrowii).
(23) Multiflora rose (Rosa multiflora).
(24) Norway maple (Acer platanoides).
(25) Orange daylily (Hemerocallis fulva).
(26) Oriental bittersweet (Celastrus orbiculatus).
(27) Parrot-feather (Myriophyllum aquaticum).
(28) Porcelain berry (Ampelopsis glandulosa).
(29) Purple loosestrife (Lythrum salicaria).
(30) Spotted knapweed (Centaurea stoebe subsp. micranthos).
(31) Tatarian honeysuckle (Lonicera tatarica).
(32) Tree of heaven (Ailanthus altissima).
(33) Water hyacinth (Eichhornia crassipes).
(34) Wineberry (Rubus phoenicolasius).
(35) Winged euonymus (Euonymus alatus).
(36) Yam-leaved clematis (Clematis terniflora).
(37) Yellow flag iris (Iris pseudoacorus).
(c) (1) The Plant Watch List contains plants that have the potential to be invasive plants.
(2) The Secretary shall create and publish a template for the tags, labels, and signs that must be used to identify a plant on the Plant Watch List as being potentially invasive.
83 Del. Laws, c. 8, § 1;  83 Del. Laws, c. 283, § 3;  83 Del. Laws, c. 347, § 3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 29. Invasive and Potentially Invasive Plants › § 2905. Acceptance of grants.

§ 2905. Acceptance of grants.
The Department of Agriculture and the Department of Natural Resources and Environmental Control may accept, use, or expand a gift, grant, aid, or loan that may be available from any source, public or private, for the purposes of carrying out the provisions of this chapter.
83 Del. Laws, c. 8, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 29. Invasive and Potentially Invasive Plants › § 2906. Violations.

§ 2906. Violations.
(a) A person who violates this chapter is subject to a civil penalty of not less than $50 and not more than $500 for each proven occurrence.
(b) Before imposing a penalty under subsection (a) of this section, the Secretary must offer the person advice on compliance with this chapter and an administrative hearing under § 2907 of this title.
(c) The Secretary must send a person who violates this chapter a written notice of the violation. The written notice of a violation must contain information regarding the opportunity for an administrative hearing under § 2907 of this title.
(d) (1) A person who violates this chapter may enter into a written agreement with the Secretary, specifying terms and conditions for compliance with this chapter.
(2) A person who is in compliance with all of the terms and conditions of a written agreement under paragraph (d)(1) of this section is not in violation of this chapter.
(e) All civil penalties collected under this section are payable to the Delaware Department of Agriculture and must be used for enforcement of this chapter.
83 Del. Laws, c. 8, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 29. Invasive and Potentially Invasive Plants › § 2907. Hearing procedure; appeals.

§ 2907. Hearing procedure; appeals.
(a) The Secretary, or the Secretary's designee shall conduct all administrative proceedings under this chapter.
(b) A person accused of violating this chapter has the right to appear personally, to be represented by counsel, and to submit evidence and witnesses in defense of the charges.
(c) The Secretary or the Secretary's designee shall make and preserve a full record of the proceeding. A transcript of the record may be purchased upon payment to the Department of Agriculture of the cost of preparing such a transcript.
(d) The Secretary or the Secretary's designee shall issue a decision in writing to the person accused of violating this chapter within 30 days of the conclusion of the hearing.
(e) The decision by the Secretary or the Secretary's designee is appealable to the Superior Court within 30 days of the date the decision is mailed.
(f) Written notice of an appeal under subsection (e) of this section, must state the grounds for the appeal and be served on the Secretary.
83 Del. Laws, c. 8, § 1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter I. General Provisions › § 3101. Standard measure for milk or cream; sale by butterfat content.

§ 3101. Standard measure for milk or cream; sale by butterfat content.
No milk, skim milk or cream shall be sold, offered for sale, or demanded from any wholesale or retail seller thereof, at any other standard of measurement than that known as the liquid or wine measure containing 231 cubic inches to the gallon. This section shall not apply to the sale of milk, skim milk or cream by weight or percentage of butterfat.
24 Del. Laws, c. 167;  25 Del. Laws, c. 149, §  1;  Code 1915, §  2929;  Code 1935, §  3433;  3 Del. C. 1953, §  3101;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter I. General Provisions › § 3102. Unlawful sales of milk or cream; penalty.

§ 3102. Unlawful sales of milk or cream; penalty.
Whoever violates § 3101 of this title shall be fined not less than $25 nor more than $100, or imprisoned not less than 10 nor more than 30 days, or both.
24 Del. Laws, c. 167;  25 Del. Laws, c. 149, §  2;  Code 1915, §  2929;  Code 1935, §  3433;  3 Del. C. 1953, §  3102;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter I. General Provisions › § 3103. Permit for receiving milk or cream; exceptions.

§ 3103. Permit for receiving milk or cream; exceptions.
Every creamery, shipping station, milk factory, cheese factory, ice cream factory, milk condensary or person receiving, buying and paying for milk or cream regardless of the method of settlement, shall be required to hold a permit for each and every place where milk or cream is received by weight or measure. This chapter shall not apply to individuals buying milk or cream for private use, or to producers buying milk in emergencies to make up their regular supply, or to persons buying from dealers already holding a permit, or to hotels, restaurants, boardinghouses, railroad dining cars, retail stores or drugstores. The permit shall be issued by the Department of Agriculture to such creamery, shipping station, milk factory, cheese factory, ice cream factory, milk condensary or person upon the filing of such information as may be required by the Department of Agriculture. The permit shall be valid for a term of 1 calendar year and may be revoked by the Department of Agriculture for any violation of the provisions of this chapter. This permit issued hereunder shall be posted in plain view in the station for which it is issued.
32 Del. Laws, c. 36, §  1;  40 Del. Laws, c. 92, §  1;  Code 1935, §  634;  3 Del. C. 1953, §  3103;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter I. General Provisions › § 3104. Definition of condensed, evaporated and concentrated milk.

§ 3104. Definition of condensed, evaporated and concentrated milk.
For the purpose of this chapter, condensed, evaporated and concentrated milk is defined as the product resulting from the evaporation of a considerable portion of the water from the fresh clean lacteal secretion, colostrum free, obtained by the complete milking of cows properly fed and kept, the product to contain, when made from whole milk or from milk with adjustment, if necessary, of the ratio of fat to nonfat solids by the addition or by the abstraction of cream without added sugars all tolerances allowed, at least 25.5% of milk solids and not less than 7.8% of milk fat. The sum of the percentage of milk fat and total milk solids shall be not less than 33.7% when made from whole milk with added sugars to contain at least 8% of milk fat all tolerances allowed and when made from skimmed milk to contain at least 20% of milk solids all tolerances allowed.
33 Del. Laws, c. 52, §  1;  Code 1935, §  647;  3 Del. C. 1953, §  3104;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter I. General Provisions › § 3105. Sale of condensed, evaporated or concentrated milk.

§ 3105. Sale of condensed, evaporated or concentrated milk.
No person, by himself or herself or by his or her agents, servants or employees, shall manufacture, sell or exchange or have in possession with intent to sell or exchange any condensed, evaporated or concentrated milk which does not conform at least to the minimum standards set forth in § 3104 of this title, and when contained in hermetically sealed cans does not bear stamped or labeled thereon the name and address of the manufacturer thereof.
33 Del. Laws, c. 52, §  2;  Code 1935, §  648;  3 Del. C. 1953, §  3105;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter I. General Provisions › § 3106. Sales of milk or cream under fictitious, coined, or trade names.

§ 3106. Sales of milk or cream under fictitious, coined, or trade names.
No person, by himself or herself or by his or her agents, servants or employees, shall manufacture, sell or exchange or have in possession with intent to sell or exchange any milk, cream or skimmed milk whether or not condensed, evaporated, concentrated, powdered, dried or desiccated to or with which has been added, blended or compounded any fats or oils other than milk fats either under the name of the products or articles or the derivatives thereof if labeled or sold under any fictitious, coined or trade names whatsoever.
33 Del. Laws, c. 52, §  3;  Code 1935, §  649;  3 Del. C. 1953, §  3106;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter I. General Provisions › § 3107. Penalty for violating § 3104, 3105 or 3106.

§ 3107. Penalty for violating § 3104, 3105 or 3106.
Whoever violates § 3104, 3105, or 3106 of this title shall be fined not less than $50 nor more than $100, or imprisoned not less than 30 nor more than 60 days, or both.
33 Del. Laws, c. 52, §  4;  Code 1935, §  650;  3 Del. C. 1953, §  3107;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter I. General Provisions › § 3108. Enforcement of chapter.

§ 3108. Enforcement of chapter.
(a) The Department of Agriculture shall enforce this chapter, and may make such proper rules and regulations as are necessary for such enforcement.
(b) Nothing in subsection (a) of this section shall prevent any individual from prosecuting any person for violating any of the provisions of this chapter.
32 Del. Laws, c. 36, §  9;  33 Del. Laws, c. 52, §  6;  40 Del. Laws, c. 92, §  11;  Code 1935, §§  642, 652;  3 Del. C. 1953, §  3108;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter I. General Provisions › § 3109. Mastitis analysis of milk samples; appropriations; allocations.

§ 3109. Mastitis analysis of milk samples; appropriations; allocations.
The sum of $9,000 shall be included in the general appropriation bill which is presented to each biennial General Assembly, and appropriated therein to the Department of Agriculture to defray the expenses of a full-time field man to take and collect milk samples to be analyzed for bacteria of mastitis significance. Of each such sum so appropriated, the sum of $3,600 shall be allocated to salaries and wages, the sum of $200 shall be allocated to office and laboratory supplies, and the sum of $700 shall be allocated to travel expenses, for each fiscal year of the biennium. Such sums shall be paid by the State Treasurer upon warrants duly approved by the proper officers of the Department of Agriculture.
3 Del. C. 1953, §  3109;  49 Del. Laws, c. 423, §§  1, 2;  57 Del. Laws, c. 764, §  12;
2023 Delaware Code › Title 3 - Agriculture › Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS › Subchapter II. Butterfat Content; Babcock Test › § 3111. Babcock test requirement.

§ 3111. Babcock test requirement.
No person or his or her agents or servants engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount or percentage of butterfat contained therein, shall take, collect or use for testing purposes an unfair or an inaccurate sample, or underread, overread or erroneously manipulate the test commonly known as the “Babcock test” used for determining the percentage of such fat in said milk or cream, or falsify the record thereof, or make the “Babcock” reading except when the fat has a temperature of 135 degrees to 145 degrees Fahrenheit, or use for such test quantities other than 17.6 cubic centimeters in the case of milk and 9 grams or 18 grams in the case of cream. In all tests of cream, the cream shall be weighed and not measured into the test bottle.
32 Del. Laws, c. 36, §  2;  40 Del. Laws, c. 92, §  2;  Code 1935, §  635;  3 Del. C. 1953, §  3111;  70 Del. Laws, c. 186, §  1;