Delaware Code
Chapter 51. STANDARD WEIGHTS AND MEASURES
§ 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.

Structure Delaware Code

Delaware Code

Title 6 - Commerce and Trade

Chapter 51. STANDARD WEIGHTS AND MEASURES

§ 5101. Definitions; meaning of terms.

§ 5102. Systems of weights and measures.

§ 5103. Definitions of special units of measure.

§ 5104. State standards of weights and measures.

§ 5105. Field standards and equipment.

§ 5106. General powers and duties of Secretary of Agriculture.

§ 5107. Specific powers and duties of Secretary of Agriculture; regulations.

§ 5108. Testing at state-supported institutions.

§ 5109. General testing.

§ 5110. Investigations.

§ 5111. Inspection of packages.

§ 5112. Stop-use, stop-removal, and removal orders.

§ 5113. Disposition of correct and incorrect apparatus.

§ 5114. Police powers; right of entry and stoppage.

§ 5115. Powers and duties of inspectors.

§ 5116. Duty of owners of incorrect apparatus.

§ 5117. Method of sale of commodities.

§ 5118. Packages; declarations of quantity and origin; variations; exemptions.

§ 5119. Declarations of unit price on random packages.

§ 5120. Uniform packaging and labeling.

§ 5121. Advertising packages for sale.

§ 5122. Sale by net weight.

§ 5123. Misrepresentation of price.

§ 5124. Meat, poultry and seafood.

§ 5125. Clams, mussels, oysters, and other mollusks.

§ 5126. Non-food products.

§ 5127. Bulk deliveries of commodities sold in terms of weight.

§ 5128. Furnace and stove oil.

§ 5129. Berries and small fruits.

§ 5130. Construction of contracts.

§ 5131. Licensed weighmasters; appointment; tenure; license fee; seal; charges; records.

§ 5132. Hindering or obstructing officer; penalties.

§ 5133. Impersonation of officer; penalties.

§ 5134. Offenses and penalties.

§ 5135. Injunction.

§ 5136. Presumptive evidence.

§ 5137. Validity of prosecutions.

§ 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas.

§ 5139. Citation.

§ 5140. Fees for services for out-of-state companies.

§ 5141. Fines payable by mail.

§ 5142. Administrative penalties.