Delaware Code
Title 3 - Agriculture

§ 704. Agricultural Commodity Advisory Boards — Creation; membership; election; term; organization. - (a) An Agricultural Commodity Advisory Board is hereby created for...

§ 705. Same — Meetings; quorum. - Subject to the requirements of this chapter, the Advisory Board...

§ 706. Same — Formulate and submit development order. - (a) Within 30 days after the election of an Agricultural...

§ 707. Same — Additional powers and duties. - (a) The Agricultural Commodity Advisory Board shall: (1) Adopt and...

§ 708. Powers and duties of Secretary. - (a) The Secretary, with the advice and consent of the...

§ 709. Fees to defray expenses. - (a) For the purpose of providing funds to defray the...

§ 710. Compensation of Board. - Each member of the Advisory Board, except the Secretary, shall...

§ 711. Legal counsel. - The Advisory Board may appoint an attorney who shall act...

§ 712. Records of Advisory Board. - All of the records of the Advisory Board shall be...

§ 713. Refund of fees. - Any producer, by the use of forms to be provided...

§ 714. Termination of order. - (a) The Advisory Board shall suspend or terminate a development...

§ 715. Expenditure of funds upon termination of order. - Any funds remaining with the Advisory Board after the termination...

§ 716. Association not illegal. - No activity, including meetings, undertaken in pursuance of the sections...

§ 717. Penalty. - Any person who violates any provision of this chapter or...

Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT

Subchapter I. Establishment of Foundation, Advisory Boards and Fund

§ 901. Purpose, policy and intent. - It is the declared policy of the State to conserve,...

§ 902. Definitions. - The following terms shall have the meanings ascribed to them...

§ 903. Delaware Agricultural Lands Preservation Foundation. - (a) There is hereby established and created a statewide agricultural...

§ 904. Duties and authority of Foundation. - (a) The Foundation shall be responsible for the following: (1)...

§ 905. Delaware Farmland Preservation Fund. - (a) The Delaware Farmland Preservation Fund is created and shall...

§ 906. Farmland Preservation Advisory Boards. - (a) Each county legislative body shall establish a Farmland Preservation...

Subchapter II. Agricultural Preservation Districts

§ 907. Establishment of Agricultural Preservation Districts. - (a) Any owner or owners of contiguous farmland and/or forestland...

§ 908. Criteria for eligibility and review. - (a) In order to be considered eligible for inclusion in...

§ 909. District restrictions. - (a) The farmlands and forestlands included in an Agricultural Preservation...

§ 910. Agricultural use protections. - (a) Normal agricultural uses and activities conducted in a lawful...

§ 911. District benefits. - (a) Owners of real property located in an Agricultural Preservation...

Subchapter III. Acquisition of Preservation Easements

§ 913. Acquisition of agricultural lands preservation easements. - (a) The Foundation, subject to the availability of funds and...

§ 914. Criteria for eligibility and evaluation. - (a) In order for the Foundation to acquire an agricultural...

§ 915. Procedure for acquisition easements. - The Foundation shall adopt, after public hearing, a uniform procedure...

§ 916. Valuation of easements. - (a) The maximum value of any preservation easement to be...

§ 917. Termination of easement. - (a) Legislative intent. — It is the intent of the...

§ 918. Benefits of easement conveyance. - In addition to the district benefits set forth in §...

Subchapter IV. Miscellaneous Provisions

§ 919. Right of rejection. - (a) Notwithstanding any provision contained herein to the contrary, the...

§ 920. Enforcement of restrictions. - (a) The Foundation shall be entitled to take action in...

§ 921. Funding. - (a) The Director of the Office of Management and Budget...

§ 922. Condemnation of Preservation District lands. - Nothing contained in this chapter shall prohibit the exercise of...

§ 923. Interim Foundation staffing. - (a) Until such time that funding is available to support...

§ 924. Governmental cooperation. - All municipalities, political subdivisions and every department, agency or public...

§ 925. Recording. - The Foundation shall submit executed documents for recording in order...

§ 926. Tax status. - The duties and functions exercised by the Foundation under this...

§ 927. Judicial review. - Judicial proceedings to review any rule, regulations or other action...

§ 928. Public hearings. - For any public hearing conducted under the provisions of this...

§ 929. Construction of chapter. - This chapter and the regulations promulgated thereunder shall be construed...

§ 930. Rules and regulations; investigations; review by Attorney General. - (a) The Secretary of the Department of Agriculture may establish...

Subchapter V. Forestland Preservation

§ 931. Purpose, policy and intent. - It is the declared policy of the State to conserve,...

§ 932. Establishment of forestland preservation areas. - (a) Any owner or owners of contiguous forestland containing at...

§ 933. Forestland preservation area criteria for eligibility and review. - In order to be considered eligible for inclusion in a...

§ 934. Forestland preservation area restrictions. - (a) The forestlands included in a forestland preservation area shall...

§ 935. Forestland use protections and benefits. - (a) Owners of real property located in a forestland preservation...

§ 936. Acquisition of forestland preservation easements. - (a) The Foundation, subject to the availability of funds, shall...

§ 937. Forestland preservation easement criteria for eligibility and evaluation. - (a) In order for the Foundation to acquire a forestland...

§ 938. Right of rejection. - The Secretary of the Department of Agriculture shall, with respect...

§ 939. Enforcement of restrictions. - The Foundation is authorized to take those actions and exercise...

§ 940. Condemnations. - The provisions of § 922 of this title as they...

§ 941. Program participation. - The owners of farmlands and forestlands included in Agricultural Preservation...

Subchapter VI. Farmland Purchase and Preservation Loan Program

§ 942. Purpose, policy and intent. - In furtherance of the declared policy of the State to...

§ 943. Loan program. - There is hereby established a farmland purchase and preservation loan...

§ 944. Loan program eligibility. - (a) In order to receive loan moneys from the Foundation...

§ 945. Loan requirements and approval. - (a) The following requirements and conditions apply to loans provided...

§ 946. Preservation easements. - (a) The preservation easements provided as a condition for receiving...

§ 947. Preservation Loan Fund. - There is hereby established a Preservation Loan Fund to be...

§ 948. Administration. - (a) In carrying out the responsibilities of administering the loan...

§ 949. Secretary's veto. - With respect to any loan application approved by the Foundation...

Chapter 10. STATE FORESTRY

Subchapter I. General Provisions

§ 1001. State agency to cooperate with individuals, public agencies and United States government. - The Department of Agriculture is the agency of the State...

§ 1002. State Forestry Fund. - (a) The State Forestry Fund is continued, to which shall...

§ 1003. Disposition of fines; report by courts of forestry law cases. - (a) All moneys received from fines imposed under Chapter 10,...

§ 1004. Agreements for prevention of forest fires. - (a) The Department of Agriculture may enter into agreements for...

§ 1005. Educational and research activities. - The Department of Agriculture may, so far as other duties...

§ 1006. Distribution of tree seeds and seedlings. - The Department of Agriculture may procure, produce, sell and distribute...

§ 1007. Sale of surplus trees. - The Department of Agriculture may sell to forestry departments, boards...

§ 1008. State forests, parks, experimental stations and demonstration areas. - The Department of Agriculture may: (1) Acquire in the name...

§ 1009. Receipt of gifts; leases; expenditures. - (a) The Department of Agriculture may, subject to the approval...

§ 1010. Qualifications and appointment of State Forester. - The Department of Agriculture shall employ a State Forester, who...

§ 1011. Powers and duties of Department generally. - The Department of Agriculture shall have direction of all forest...

Subchapter II. State Forest Officers

§ 1021. Appointment; term; oath of office. - (a) The Department of Agriculture may appoint suitable persons to...

§ 1022. General powers and duties; powers and duties within assigned district; duties of owners and lessees. - (a) State forest officers shall have police powers similar to...

§ 1023. Fish and Wildlife Agents and police officers as ex officio state forest officers. - Fish and Wildlife Agents and state police officers shall be...

Subchapter III. Urban and Community Forestry Program

§ 1031. Findings and policy. - The General Assembly finds and declares that urban and community...

§ 1032. Definitions. - As used in this subchapter: (1) “Comprehensive community forestry plan”...

§ 1033. Powers and duties. - The Delaware Department of Agriculture Urban and Community Forestry Program,...

§ 1034. Community Forestry Council. - (a) There is established in the Department a Community Forestry...

§ 1035. Duties of State Forester. - The State Forester, with the advice and assistance of the...

§ 1036. Development, distribution of comprehensive community forestry plan; approval. - (a) The State Forester, with the advice and assistance of...

§ 1037. Annual report on the status of Delaware Urban and Community Forestry Program. - The State Forester's annual report shall contain a summary of...

§ 1038. Rules, regulations. - The Department shall adopt, pursuant to the Administrative Procedure Act,...

Subchapter IV. Offenses and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs

§ 1041. Wilfully or maliciously starting fires. - (a) Whoever wilfully or maliciously sets fire to any woodlot,...

§ 1042. Carelessly starting fires; penalty. - Whoever carelessly sets on fire any forest land, brush land,...

§ 1043. Setting fire to woodland; unseasonable marsh burning; penalty. - Whoever sets any woodland on fire, or, after April 1,...

§ 1044. Obstructing person in performance of duty; penalty. - Whoever obstructs or prevents or attempts to obstruct or prevent...

§ 1045. Trees and shrubs of state forests; penalty. - (a) Notwithstanding any other provision of this title, whoever without...

§ 1046. Liability to State for expenses. - Notwithstanding any other provision of this title, whoever wilfully, maliciously...

§ 1047. Jurisdiction of offenses. - The justices of the peace shall have jurisdiction of offenses...

Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation

§ 1051. Findings; policy; purpose. - The General Assembly finds and declares that the pine and...

§ 1052. Definitions. - As used in this subchapter: (1) “Cutting operation” shall mean...

§ 1053. Conservation or reforestation plan required; applicability; regulations. - (a) No person shall commence a cutting operation unless seed...

§ 1054. Natural regeneration; notice required upon transfer. - (a) Operators and landowners shall leave uncut and uninjured at...

§ 1055. Reforestation method; notice required upon transfer. - (a) The land involved in a cutting operation may be...

§ 1056. Prohibitions. - No person shall cut or permit to be cut any...

§ 1057. Right of entry. - The State Forester or the State Forester's duly authorized representative...

§ 1058. Cease and desist orders. - The State Forester shall have the power to issue a...

§ 1059. Injunctive relief. - Whenever it appears that any person has engaged or is...

§ 1060. Appeals. - (a) Any person whose interest is substantially affected by an...

§ 1061. Penalties. - (a) Any person who violates any provision of this subchapter...

Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control

§ 1071. Findings; policy; purpose. - The State Forester shall provide for the protection of the...

§ 1072. Definitions. - The following words, terms and phrases, as used in this...

§ 1073. Conduct of silvicultural activities. - If the State Forester or the State Forester's designee determines...

§ 1074. Cease and desist orders. - The State Forester shall have the power to issue a...

§ 1075. Injunctive relief. - Whenever it appears that any person has engaged or is...

§ 1076. Appeals. - (a) Any person whose interest is substantially affected by an...

§ 1077. Penalties. - (a) Any person who violates any provision of this subchapter...

§ 1078. Hearings, notices. - Any hearing required under this subchapter shall follow the Administrative...

§ 1079. Civil penalties. - Any owner or operator who violates or fails or refuses...

§ 1080. State program. - In carrying out this chapter, the State Forester may, in...

Chapter 11. PLANT PESTS

§ 1101. Definitions. - The following words shall, for purposes of this chapter, be...

§ 1102. Regulations and fees. - (a) The Department of Agriculture may adopt reasonable regulations to...

§ 1103. Discovery and suppression of plant pests. - (a) In order to prevent the introduction of or to...

§ 1104. Warning and information to farmers and other persons. - (a) The Department, upon confirmation of an actionable infestation or...

§ 1105. Failure to pay expenses of treating diseased plants and pests; penalty. - (a) The Department shall, within 90 days, provide notice of...

§ 1106. Establishment of quarantine restrictions. - (a) The Department may establish quarantine restrictions in areas infested...

§ 1107. Shipment of plant pests and biological control agents. - (a) No person may sell, offer for sale, move, convey,...

§ 1108. Violations and hearing procedures. - (a) Failure to comply with this chapter shall result in...

§ 1109. Appeal. - A person who feels aggrieved by the Department as a...

§ 1110. Civil penalties. - (a) Any person who interferes with the Department in the...

Chapter 12. PESTICIDES

Subchapter I. General Provisions

§ 1201. Declaration of purpose. - The purposes of this chapter are: (1) To regulate the...

§ 1202. Definitions. - For the purposes of this chapter: (1) “Active ingredient” means:...

Subchapter II. Regulation of Sale and Use of Pesticides and Devices

§ 1203. Regulation; duties and powers of Department. - (a) In order to regulate the sale and/or use of...

§ 1204. Registration of pesticides which do not have E.P.A. registration for intended use. - (a) This section shall become effective upon certification of the...

§ 1205. Revocation or suspension of registration. - (a) The Department may, after due notice, including notice to...

§ 1206. Licensing — Required; classification. - (a) No person shall engage in the business of applying...

§ 1207. Same — Procedure. - (a) Application for a license shall be made in writing...

§ 1208. Same — Denial of license. - (a) The Department shall refuse to grant a license until...

§ 1209. Same — Suspension; modification; revocation. - (a) The Department may, after notice and opportunity for a...

§ 1210. Same — Renewal of license. - All licenses shall continue in effect until December 31 of...

§ 1211. Exemptions. - This subchapter, relating to licenses and requirements for their issuance,...

§ 1212. Registration of noncertified individuals; fee. - (a) The Department shall by regulation provide a program of...

§ 1213. Nonresidents; service of process. - Any nonresident applying for a license under this chapter shall...

§ 1214. Permits. - (a) The Department shall require that: (1) No person may...

Subchapter III. Certification of Applicators

§ 1215. Applicability of subchapter. - This subchapter shall become applicable upon approval by the Administrator...

§ 1216. Certification — Required. - In order to prevent unreasonable adverse effects on the environment,...

§ 1217. Same — Standards; classifications. - (a) The Department in promulgating regulations under this chapter shall...

§ 1218. Same — Procedure. - (a) The Department, by regulation, shall provide for a certification...

§ 1219. Same — Renewal of certification. - An applicator's certification shall automatically renew under the classification or...

§ 1220. Same — Denial; revocation; suspension; modification. - (a) If the applicant is not certified under this subchapter,...

§ 1221. Hearing procedure. - All hearings which are held for the suspension, modification or...

§ 1222. Appeals. - Any licensee, permit holder or certified applicator who feels aggrieved...

§ 1223. Reinstatement. - Upon denial, suspension, modification or revocation of a license, permit...

Subchapter IV. Unlawful Acts; Penalties; Jurisdiction

§ 1224. Unlawful acts; criminal penalties; jurisdiction. - (a) The following acts shall constitute a class A misdemeanor:...

§ 1225. Civil penalties; exemptions. - (a) (1) In addition to proceeding under any other remedy...

Subchapter V. Inspection and Seizure

§ 1226. Inspection. - (a) For the purpose of carrying out this chapter, the...

§ 1227. Seizure. - (a) Any pesticide or device that is distributed within this...

Subchapter VI. Pesticide Advisory Committee

§ 1228. Established. - A Pesticide Advisory Committee is hereby established.

§ 1229. Composition; appointments; terms; removal; vacancies. - (a) The Pesticide Advisory Committee shall consist of 4 pesticide...

§ 1230. Function. - The Committee shall advise the Department on any and all...

§ 1231. Meetings. - The Committee shall elect 1 of its members Chairman, and...

§ 1232. Compensation. - Each member of the Committee shall be reimbursed for all...

Subchapter VII. Miscellaneous

§ 1233. Reports of pesticide accidents, incidents or loss. - (a) The Department may by regulation require the reporting of...

§ 1234. Licensee to keep records; duration; submission to Department. - (a) The Department shall require the licensee or certified commercial...

§ 1235. Storing and disposal of pesticides and pesticide containers. - No person shall transport, store or dispose of any pesticide...

§ 1236. Stop sale, use or removal orders. - When the Department has reasonable cause to believe a pesticide...

§ 1237. Enforcement of chapter. - This chapter shall be enforced by the State Department of...

§ 1238. Cooperative agreements. - The Department may cooperate, receive grants-in-aid and enter into agreements...

§ 1239. Information. - The Department may, in cooperation with the University of Delaware,...

§ 1240. Repeals. - Jurisdiction in all matters pertaining to the distribution, sale, use,...

Chapter 13. NURSERIES AND NURSERY STOCK

§ 1301. Definitions. - The following words shall, for purposes of this chapter, be...

§ 1302. Nursery industry licensing requirements. - (a) Any person(s), grower(s), agent(s), broker(s), dealer(s), mail-order merchant(s), commission...

§ 1303. Inspection of nurseries and businesses, nursery stock certification. - (a) After receiving the nursery industry license application, the Department...

§ 1304. Plant pest infestations. - (a) Any person(s) who has in their possession plants, plant...

§ 1305. Shipping, labeling and certification requirements. - (a) No person(s) shall sell, ship or give away, by...

§ 1306. Shipment of nursery stock into state; labeling and certification. - When any plants, plant materials or nursery stock are shipped,...

§ 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department. - Any person(s) who acts as the representative of a transportation...

§ 1308. Labeling and advertising of nursery stock. - (a) Plants, plant materials or nursery stock shall not be...

§ 1309. Reciprocal agreements. - The Department shall have the authority to make reciprocal agreements...

§ 1310. Violations. - (a) Any person(s) who has in their possession plants, plant...

§ 1311. Hearing procedures. - (a) No civil penalty shall be imposed until an administrative...

§ 1312. Appeals. - A person who feels aggrieved by the Department as a...

§ 1313. Civil penalties. - (a) The civil penalty for violation of any section of...

Chapter 14. AGRICULTURE AND FORESTAL NUISANCES

§ 1401. Agricultural and forestal operations not considered nuisances; exception. - No agricultural or forestal operation within this State which has...

Chapter 15. SEEDS

§ 1501. Definitions. - As used in this chapter: (1) “Person” includes any individual,...

§ 1502. Label requirements — Agricultural, vegetable and flower seeds. - Each container of agricultural, vegetable and flower seeds which is...

§ 1503. Same — Tree and shrub seeds. - Each container of tree and shrub seed which is sold,...

§ 1504. Prohibitions. - (a) No person shall sell, offer for sale, expose for...

§ 1505. Records. - Each person whose name appears on the label as handling...

§ 1506. Exemptions. - (a) The provisions of §§ 1502, 1503 and 1504 of...

§ 1507. Duties and authority of the Department. - (a) The duty of enforcing this chapter and carrying out...

§ 1508. Seizure. - Any lot of seed not in compliance with this chapter...

§ 1509. Injunction without bond. - No bond shall be required of the Department for the...

§ 1510. Violations and prosecutions. - (a) Every violation of this chapter shall be punishable by...

§ 1511. Enforcing agency. - (a) This chapter shall be administered by the Department of...

§ 1512. Delegation of duties. - All authority vested in the Department of Agriculture by virtue...

Chapter 16. GRAIN INSPECTION, CERTIFICATION, AND GRAIN CONTRACTS

Subchapter I. Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities

§ 1601. Definitions. - As used in this chapter: (1) “Department” means the State...

§ 1602. Registration and approval. - (a) All grain moisture testing devices shall be registered with...

§ 1603. Installation and operation. - (a) The grain moisture testing devices shall be installed in...

§ 1604. Licensed grain inspectors. - (a) Any person engaged in the operation of a commercial...

§ 1605. Certification of commercial grain elevators, grain warehouses and other grain storage facilities. - Every commercial grain elevator, grain warehouse or other grain storage...

§ 1606. Violations and penalties. - Failure to comply with the provisions of this chapter shall...

§ 1607. Enforcement; administrative rules and regulations. - The Department shall enforce this chapter, and prescribe and enforce...

Subchapter II. Grain Contracts of Sale, Discount Rates and Test Weight Rates

§ 1611. Grain contracts of sale, discount rates and weight rates. - (a) Subject to any contractual provision to the contrary and...

Chapter 17. COMMERCIAL FEEDS

§ 1701. Title. - This chapter shall be known as the “Delaware Commercial Feed...

§ 1702. Enforcing agency. - This chapter shall be administered by the Department of Agriculture...

§ 1703. Definitions of words and terms. - When used in this chapter: (1) “Brand name” means any...

§ 1704. Registration. - (a) Each commercial feed, such as animal food, pet food,...

§ 1705. Labeling. - (a) Any commercial feed distributed in this State shall be...

§ 1706. Registration fees. - (a) An annual registration fee must be paid to the...

§ 1707. Adulteration. - No person shall distribute an adulterated feed. A commercial feed...

§ 1708. Misbranding. - No person shall distribute misbranded feed. A commercial feed or...

§ 1709. Inspections; sampling; analysis. - (a) The Department, individually or through its authorized agent, shall...

§ 1710. Regulations. - The Department shall enforce this chapter, and after due publicity...

§ 1711. Detained commercial feeds; “withdrawal from distribution” orders; condemnation and confiscation. - (a) When the Department or its authorized agent has reasonable...

§ 1712. Penalties. - (a) Any person convicted of violating any of the provisions...

§ 1713. Publications. - The Department shall publish at least semiannually, in such form...

§ 1714. Cooperation with other entities. - The Department may cooperate and enter into agreements with governmental...

Chapter 19. LIMING MATERIALS

§ 1901. Title. - This chapter shall be known as “The Delaware Agricultural Liming...

§ 1902. Enforcing agency. - This chapter shall be administered by the Department of Agriculture...

§ 1903. Definitions of words and terms. - (a) “Agricultural liming materials” means all suitable materials containing calcium...

§ 1904. Labeling. - (a) Agricultural liming materials sold, offered or exposed for sale...

§ 1905. Prohibitions. - (a) No agricultural liming material shall be sold or offered...

§ 1906. Registration. - Before any person shall sell, offer or expose for sale...

§ 1907. Registration fees. - Each application filed pursuant to § 1906 of this title...

§ 1908. Inspection fees. - Within the 30 day period following June 30 and December...

§ 1909. Sampling; analysis. - The Department is empowered, and it shall be the duty...

§ 1910. Penalties. - Any person convicted of violating this chapter or the rules...

§ 1911. Assessment for deficiency. - (a) If the analysis of any agricultural liming material shall...

§ 1912. Rules and regulations. - The Department, after reasonable notice and hearing, is empowered to...

§ 1913. Publications. - The Department shall publish at least semiannually, in such forms...

§ 1914. Delegation of duties. - All authority vested in the Department of Agriculture by virtue...

Chapter 21. COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS

§ 2101. Title. - This chapter shall be known as the Delaware Commercial Fertilizer...

§ 2102. Enforcing agency. - This chapter shall be administered by the State Department of...

§ 2103. Definitions of words and terms. - When used in this chapter: (1) The term “brand” means...

§ 2104. Registration. - (a) Each brand and grade of commercial fertilizer shall be...

§ 2105. Labels. - (a) Any commercial fertilizer distributed in this State in containers...

§ 2106. Inspection fees and tonnage reports. - (a) (1) There shall be paid to the Department for...

§ 2107. Inspection; sampling; analysis. - (a) It shall be the duty of the Secretary to...

§ 2108. Plant food deficiency. - (a) If analysis shows that a commercial fertilizer is deficient...

§ 2109. Commercial value. - For the purpose of determining the commercial values to be...

§ 2110. Misbranding. - No person shall distribute misbranded fertilizer or soil conditioner. A...

§ 2111. Adulteration. - No person shall distribute an adulterated fertilizer product or soil...

§ 2112. Publications. - The Secretary shall publish at least annually and in such...

§ 2113. Rules and regulations. - The Secretary may prescribe and enforce such rules and regulations...

§ 2114. Fertilizer and soil conditioner short in weight. - If any commercial fertilizer or soil conditioner in the possession...

§ 2115. Cancellation of registrations. - The Department may cancel the registration of any brand of...

§ 2116. “Stop sale” orders. - The Secretary may issue and enforce a written or printed...

§ 2117. Seizure, condemnation, and sale. - Any lot of commercial fertilizer or soil conditioner not in...

§ 2118. Violations. - (a) If it shall appear from the examination of any...

§ 2119. Hearing required. - If, after notification by the Secretary of the Department's order...

§ 2120. Appeals. - Nothing in this chapter shall be construed to prohibit appeals...

§ 2121. Exchanges between manufacturers. - Nothing in this chapter shall be construed to restrict or...

§ 2122. Delegation of duties. - All authority vested in the State Secretary of Agriculture by...

§ 2123. Cooperation with other entities. - The Department may cooperate and enter into agreements with governmental...

Chapter 22. NUTRIENT MANAGEMENT

Subchapter I. General Provisions

§ 2201. Declaration of purpose. - The purposes of this chapter are: (1) To regulate those...

§ 2202. Definitions. - For the purposes of this chapter: (1) “Agricultural commodity” means...

Subchapter II. Delaware Nutrient Management Commission

§ 2220. Delaware Nutrient Management Commission; general powers and duties. - (a) The Delaware Nutrient Management Commission is hereby established. The...

§ 2221. Adoption of regulations; voting; considerations. - (a) With the guidance, advice and consent of the Commission,...

§ 2222. Composition; appointment; qualifications and term; compensation; vacancies; civil liability. - (a) The Delaware Nutrient Management Commission consists of 19 members...

Subchapter III. State Nutrient Management Program

§ 2240. State Nutrient Management Program; powers and duties of the Commission. - The State Nutrient Management Program (SNMP) shall consist of: (1)...

§ 2241. Requirement for certification; classifications. - (a) Beginning January 1, 2004, all persons who conduct the...

§ 2242. Certification; applications. - (a) Applications for certification shall be made to the Commission...

§ 2243. Same — Denial. - (a) The Commission may refuse to grant any certificate if...

§ 2244. Same — Suspension, modification; revocation. - (a) The Commission may, after notice and opportunity for a...

§ 2245. Same — Renewal. - (a) The Commission shall establish the length of time that...

§ 2246. Commercial processors. - (a) On or before July 1, 2000, or prior to...

§ 2247. Nutrient management plans. - (a) All animal feeding operations with greater than 8 animal...

§ 2248. Confined animal feeding operations subject to Clean Water Act § 402 requirements. - (a) Section 301(a) of the Clean Water Act (CWA) [33...

§ 2249. Nutrient Management Funding. - Funds appropriated to the Nutrient Transport Program, in the annual...

Subchapter IV. Complaints, Hearings and Appeals

§ 2260. Complaints; investigations; enforcement. - (a) The Commission shall establish by regulation a process whereby...

§ 2261. Hearings; procedural requirements. - (a) The Commission shall examine all complaints meeting the criteria...

§ 2262. Certification appeals. - All decisions of the Commission pursuant to § 2243 or...

§ 2263. Appeals to the Secretary. - (a) All decisions of the Commission pursuant to this chapter...

Subchapter V. Enforcement, Suits for Enforcement, and Incentives

§ 2280. Enforcement; fines and penalties. - (a) Whoever violates this chapter, any rule or regulation duly...

§ 2281. Suits for enforcement. - Any person may file suit in Chancery Court for injunctive...

§ 2282. Protection from enforcement. - The Commission shall establish a list of best management practices...

Subchapter VI. Program Reports

§ 2290. Annual reports. - (a) The Commission shall prepare and submit an annual report...

Chapter 23. IRRIGATION PRESERVATION

§ 2301. Agricultural lands and use of treated wastewater effluent. - Notwithstanding any law or regulation to the contrary: (1) Any...

Chapter 24. NOXIOUS WEED CONTROL

§ 2401. Declared public and common nuisance. - The existence of growth of a noxious weed is declared...

§ 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,...

§ 2403. Same — Agreements relating to eradication. - The state Department of Agriculture may enter into an agreement...

§ 2404. Importation; transportation; elimination. - (a) It shall be unlawful to import designated noxious weeds...

§ 2405. Prosecution of violations. - Failure to comply with the provisions of this chapter may...

§ 2406. Hearing procedure and appeals. - All hearings which are held to enforce the provisions of...

§ 2407. Penalties. - (a) Any person who interferes with the Department of Agriculture...

§ 2408. Cutting and spraying of noxious weeds by the Department of Transportation. - The Department of Transportation shall cut down, or cause to...

Chapter 25. DEALERS IN AGRICULTURAL PRODUCTS

§ 2501. Definitions. - As used in this chapter: (1) “Person” means any individual,...

§ 2502. License required of dealer. - It shall be unlawful for any dealer in agricultural products...

§ 2503. Dealers licensed annually. - Every dealer in agricultural products proposing to transact business with...

§ 2504. License fee; bond required; exceptions to bond requirement. - All applications shall be accompanied by a license fee of...

§ 2505. Execution of bond; bond form; action upon bond. - The bond referred to in this chapter shall be executed...

§ 2506. Renewal of license. - Upon proof of payment of the renewal premium continuing the...

§ 2507. Fees collected. - All sums received by the Department for license fees and...

§ 2508. Dealer to keep records. - Every dealer who has received any agricultural product from a...

§ 2509. Secretary's authority to investigate; proceedings on complaints. - (a) Upon the verified written complaint of any producer or...

§ 2510. Refusal or revocation of license; hearing. - (a) The Department may refuse to grant a license or...

§ 2511. Penalty. - (a) The Secretary shall have the power to issue an...

Chapter 26. COMMERCIAL FOREST PLANTATIONS

§ 2601. Commercial forest plantation. - (a) A commercial forest plantation within the meaning and purpose...

§ 2602. Application for exemption; requirements; examination. - Any owner of a commercial forest plantation may make application...

§ 2603. Removal of exempt commercial forest plantation from county assessment books. - If the Department determines from the report of the State...

§ 2604. Voluntary withdrawal of land from exempt status; requirements. - Any owner of land listed as commercial forest plantation desiring...

§ 2605. Restrictions on use of timber. - The owner of any land listed under this chapter may...

§ 2606. Inspections. - The State Forester shall make periodic inspections of classified forest...

§ 2607. Removal of lands from exempt status by Department; notice; hearing; appeal. - (a) If the State Forester recommends the removal of any...

Chapter 28. INDUSTRIAL HEMP

§ 2800. Short title. - This act shall be known and may be cited as...

§ 2801. Definitions. - For purposes of this chapter: (1) “Department” means the Department...

§ 2802. Industrial hemp — Agricultural academic research. - (a) Notwithstanding any law or regulation to the contrary, the...

§ 2803. Fees. - The Department may assess fees for participation in the Delaware...

Chapter 29. Invasive and Potentially Invasive Plants

§ 2901. Purpose. - The purpose of this chapter is to prohibit invasive plant...

§ 2902. Definitions. - As used in this chapter: (1) “Invasive plant” means any...

§ 2903. Restrictions on invasive and potentially invasive plants. - (a) No person may import, export, buy, sell, transport, distribute,...

§ 2904. Regulations; designation of plants. - (a) (1) The Secretary shall adopt regulations necessary to carry...

§ 2905. Acceptance of grants. - The Department of Agriculture and the Department of Natural Resources...

§ 2906. Violations. - (a) A person who violates this chapter is subject to...

§ 2907. Hearing procedure; appeals. - (a) The Secretary, or the Secretary's designee shall conduct all...

Chapter 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS

Subchapter I. General Provisions

§ 3101. Standard measure for milk or cream; sale by butterfat content. - No milk, skim milk or cream shall be sold, offered...

§ 3102. Unlawful sales of milk or cream; penalty. - Whoever violates § 3101 of this title shall be fined...

§ 3103. Permit for receiving milk or cream; exceptions. - Every creamery, shipping station, milk factory, cheese factory, ice cream...

§ 3104. Definition of condensed, evaporated and concentrated milk. - For the purpose of this chapter, condensed, evaporated and concentrated...

§ 3105. Sale of condensed, evaporated or concentrated milk. - No person, by himself or herself or by his or...

§ 3106. Sales of milk or cream under fictitious, coined, or trade names. - No person, by himself or herself or by his or...

§ 3107. Penalty for violating § 3104, 3105 or 3106. - Whoever violates § 3104, 3105, or 3106 of this title...

§ 3108. Enforcement of chapter. - (a) The Department of Agriculture shall enforce this chapter, and...

§ 3109. Mastitis analysis of milk samples; appropriations; allocations. - The sum of $9,000 shall be included in the general...

Subchapter II. Butterfat Content; Babcock Test

§ 3111. Babcock test requirement. - No person or his or her agents or servants engaged...

§ 3112. Licensed tester. - Every person or agent or servant thereof engaged in the...

§ 3113. Qualifications and duties of licensed tester; fee; renewal of license. - For the purpose of this subchapter, a licensed tester is...

§ 3114. Licensed weigher and sampler; qualifications and duties; fee; renewal of license. - (a) Every person engaged in the business of buying milk...

§ 3115. Frequency of testing, holding, retesting and reporting. - (a) Any person or milk plant or agent thereof in...

§ 3116. Percentage of fat used as basis of payment. - No percentage of fat ascertained from a sample containing milk...

§ 3117. Approved weight or measure or butterfat test as basis of payment. - (a) No person purchasing or selling milk or cream or...

§ 3118. Butterfat statement given producers; contents. - (a) Every person or agent or servant thereof purchasing or...

§ 3119. Authority to enter premises and examine books, records and testing apparatus. - The Department of Agriculture or its agents may enter the...

§ 3120. Violations and penalties. - (a) Whoever violates this subchapter, except § 3111 of this...

§ 3121. Persons responsible for violations. - For violation of any of this subchapter proceedings may be...

§ 3122. Payment of fines and other money; disposition. - All fines and penalties received for violations of this subchapter...

§ 3123. Purchase of milk or cream by state institutions. - Whenever a state institution purchases milk or cream pursuant to...

Subchapter III. Standard Babcock Testing Equipment

§ 3131. Approved testing glassware and utensils. - No person purchasing milk or cream and paying for the...

§ 3132. Specifications for standard Babcock testing glassware. - The term “standard Babcock testing glassware” applies to glassware and...

§ 3133. Inspection and marking of Babcock test bottles. - (a) Every person, or agent thereof, engaged in the business...

§ 3134. Violations and penalties. - Whoever violates this subchapter shall be fined not less than...

Subchapter IV. Containers for Dairy Products

§ 3141. Registration of markings on containers. - (a) Any person engaged in manufacturing, bottling or selling milk,...

§ 3142. Use of registered containers. - (a) No person shall fill with milk, cream or other...

§ 3143. Deposits on containers. - The requiring, taking, or accepting of any deposit upon the...

§ 3144. Confiscation by owner of unlawfully used containers. - The owner or proprietor, or his or her or its...

§ 3145. Sterilization of bottles. - Glass bottles used in the sale and delivery of milk,...

§ 3146. Violations and penalties. - Whoever violates this subchapter shall be fined not more than...

§ 3147. Jurisdiction of offenses. - Justices of the peace shall have jurisdiction of offenses under...

§ 3148. Appeals; bond; time for taking. - Any person convicted of violating this subchapter shall have the...

Subchapter V. Dealers’ and Handlers’ Bonds

§ 3161. Requirement of bond; amount. - (a) No milk dealer or handler shall purchase, acquire or...

§ 3162. Computation of amount; milk from another state. - Milk purchased, acquired or received by a milk dealer or...

§ 3163. Filing by dealer not engaged in business during preceding year. - A milk dealer or handler purchasing or acquiring or receiving...

§ 3164. Time of filing; period effective. - (a) The bond required in this subchapter shall be filed...

§ 3165. Surety requirements. - (a) A corporate surety bond shall be executed to the...

§ 3166. Substitutions. - The Department of Agriculture may grant to any milk dealer...

§ 3167. Financial statement; acceptance in lieu of surety. - (a) A milk dealer or handler shall, from time to...

§ 3168. Increase of bond. - If it appears from the dealer's or handler's financial statement,...

§ 3169. Decrease in bond. - The Department of Agriculture may grant a reduction of the...

§ 3170. Bonds, collateral, etc., deposited with State Treasurer. - All bonds, together with any moneys, or securities given as...

§ 3171. Income from collateral. - The milk dealer or handler shall be entitled to all...

§ 3172. Suit upon bond. - The Department of Agriculture may sue on the bond on...

§ 3173. Order of Department of Agriculture. - If, by valid formal order refusing, suspending or revoking a...

§ 3174. Distribution of proceeds of bond or collateral. - The Department of Agriculture shall prescribe the procedure for the...

Subchapter VI. Fresh Milk

§ 3175. Definitions. - (a) “Delaware fresh milk” means milk consisting entirely of fresh...

§ 3176. Labeling of milk. - Milk containers may be labeled as “fresh”, “Delaware fresh” or...

§ 3177. Penalty. - Whoever violates this subchapter shall be assessed a civil penalty...

§ 3178. Enforcement. - The Department of Agriculture shall enforce this subchapter and may...

Chapter 35. EGGS

§ 3501. Definitions. - As used in this chapter, unless the context clearly requires...

§ 3502. Standards; grades; size-weight classes. - The Department of Agriculture shall establish, and from time to...

§ 3503. Official quality grades and weight classes. - The standards, grades, weight classes and tolerance for individual shell...

§ 3504. Labeling. - (a) The container in which any eggs are marketed in...

§ 3505. Advertising of eggs. - Advertising of eggs by the roadside, or by newspaper, magazine,...

§ 3506. Limitation in use of descriptive terms. - It shall be unlawful for any person to use such...

§ 3507. Invoice requirements. - Every person selling eggs to retailers, restaurants, hotels, public and...

§ 3508. Sanitation and related matters. - (a) Any person assembling, transporting, marketing, or processing graded eggs...

§ 3509. Sale of eggs unfit for human consumption. - No person shall offer for sale, sell, trade or otherwise...

§ 3510. Exemptions. - (a) Producers are exempt from §§ 3503 and 3504 of...

§ 3511. Enforcement. - This chapter, together with the rules and regulations as promulgated...

§ 3512. Power of enforcement officers. - In order to carry out this chapter, the Department of...

§ 3513. Violations and penalties. - Whoever violates this chapter, or wilfully interferes with the Department...

Chapter 63. POWERS AND DUTIES; INSPECTION AND VACCINATION OF POULTRY FLOCKS AND HATCHERIES

§ 6301. Powers and duties of Department. - The Department may execute contracts for the preparation, publication and...

§ 6302. Inspection and certification of poultry flocks and hatcheries; rules and regulations. - For the encouragement of the breeding of better poultry in...

§ 6303. Revocation of certification. - The Department of Agriculture may revoke certificates issued in accordance...

§ 6304. Violations of certification; penalties; jurisdiction. - (a) Whoever sells, or advertises for sale, chicks, eggs or...

§ 6305. Cooperation with United States Department of Agriculture. - The Department of Agriculture may cooperate with the United States...

§ 6306. Vaccination personnel; sanitary requirements. - (a) No person engaged in performing vaccination work on poultry...

§ 6307. Rules and regulations pertaining to vaccination of poultry. - The Department of Agriculture shall establish rules and regulations respecting...

§ 6308. Violation of vaccination requirements; penalties. - Whoever violates § 6306 of this title, or any of...

Chapter 67. BIOLOGICAL PRODUCTS FOR USE IN ANIMALS AND POULTRY

§ 6701. Definitions. - (a) “Department” means Department of Agriculture. (b) “Person” includes individual,...

§ 6702. Application of chapter. - This chapter shall apply to the use of all biological...

§ 6703. Requirements. - (a) Each biological product, before being shipped into this State,...

§ 6704. Refusal of permission to distribute; exemptions. - (a) If in the opinion of the State Veterinarian the...

§ 6705. Penalties; jurisdiction. - Any person who knowingly buys, receives or uses any biological...

Chapter 71. ANIMAL HEALTH

§ 7101. Duties and powers of Department of Agriculture; construction with Chapter 63. - (a) The Department of Agriculture shall protect the health of...

§ 7102. Assistants or agents; supplies; oaths of appraisers; examinations. - (a) The Department of Agriculture may appoint and employ such...

§ 7103. Administration of hog-cholera vaccine. - No person shall buy, sell or administer any modified live...

§ 7104. Entry on premises for examination. - (a) The Department of Agriculture or any member thereof, or...

§ 7105. Violations; penalties. - Whoever wilfully violates this chapter or Chapter 73 of this...

§ 7106. Expenses. - All necessary expenses of the Department of Agriculture under this...

§ 7107. Compensation for animals condemned and killed. - (a) Except as otherwise provided in Chapter 73 of this...

§ 7108. Feeding of garbage to hogs prohibited; exception; penalty. - (a) No person shall feed garbage to hogs in this...

Chapter 72. POSSESSION OF MAMMALS OR REPTILES EXOTIC TO DELAWARE

§ 7201. Possession; permit required. - No person shall bring into this State, possess, sell or...

§ 7202. Permit; rules and regulations; exemptions. - The Department of Agriculture shall enforce this chapter and may...

§ 7203. Penalties. - Whoever violates this chapter shall for each offense be fined...

Chapter 73. CONTROL AND ERADICATION OF CATTLE DISEASES

Subchapter I. Bovine Tuberculosis and Other Cattle Diseases

§ 7301. Importation of cattle. - (a) The importation of dairy cows and other cattle for...

§ 7302. Enforcement of importation requirements; rules and regulations. - The Department of Agriculture shall enforce § 7301 of this...

§ 7303. Violations of importation requirements; penalties; jurisdiction. - (a) Whoever violates § 7301 of this title shall, for...

§ 7304. Importation of Texas or Cherokee cattle; penalty. - No person shall bring or have brought into the State...

§ 7305. Sale of animals with pleuro-pneumonia; penalties. - Whoever sells or disposes of any animal or animals, known...

§ 7306. Possession of cattle having pleuro-pneumonia; notice; penalties. - Whoever, knowing or having reason to suspect that pleuro-pneumonia exists...

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Delaware Code Title 3 - Agriculture

Delaware Code
Title 3 - Agriculture