Delaware Administrative Code

500 Harness Racing Commission 502 Standardbred Breeders’ Fund Regulations 1.0 Introduction 1.1 These regulations are authorized pursuant to 3 Del.C. §10081(c) , which established authority of the Delaware Standardbred Breeders' Program (herein "the Program") to promulgate rules a…

600 Pesticides 601 Delaware Pesticide Rules and Regulations 1.0 General 1.1 Scope. These regulations establish general operating rules and procedures for the enforcement of the Delaware Pesticide Law, including the certification of users of restricted and general use pesticides. …

Regulation_ 193 Department of Agriculture Aglands Preservation and Planning 700 Planning, Farmland Preservation 701 Farmland Preservation Program Preamble The Agricultural Lands Preservation Act ("Act") was enacted on July 8, 1991 and provided for the creation of the Agricultural…

Regulation_ 194 DEPARTMENT OF AGRICULTURE Delaware Agricultural Lands Preservation Foundation 700 Planning, Farmland Preservation 702 Regulations Governing the Delaware Agricultural Forestlands Preservation Program The Foundation is granted authority to establish criteria for For…

Title 3 Agriculture 800 Plant Industries 800 Plant Industries '; document.write (setPDFLink(strFile)); // --> 801 Regulations for Noxious Weed Control 1.0 General Definitions For the purpose of these Rules and Regulations "Noxious Weed" means any species of plant or parts of plan…

Title 3 Agriculture 800 Plant Industries 800 Plant Industries '; document.write (setPDFLink(strFile)); // --> 802 Grain Inspection And Certification 1.0 General 1.1 Scope. To insure all grain inspected within the State of Delaware is uniformly inspected for quality. 1.1.1 To prov…

Title 3 Agriculture 800 Plant Industries 800 Plant Industries '; document.write (setPDFLink(strFile)); // --> 803 Rules and Regulations for the Control and Supression of the White Pine Blister Rust 1.0 Authority These regulations are promulgated pursuant to the authority of Secti…

800 Plant Industries 804 Rules and Regulations for Spotted Lanternfly 1.0 Authority These regulations are promulgated pursuant to the authority of Sections 1102, 1103 and 1106 of Title 3 of the Delaware Code. 2.0 Purpose 2.1 Spotted Lanternfly, Lycorma delicatula, is a new pest t…

800 Plant Industries 805 Rules and Regulations for Delaware Domestic Hemp Production Program 1.0 Authority These regulations are promulgated pursuant to the authority of 3 Del.C. §101 (2) & (3). All moneys collected by the Department pursuant to the Program shall be used for the …

800 Plant Industries 806 Regulations for Invasive Plants 1.0 Purpose 1.1 The purpose of these regulations is to clarify how the Department will eradicate, repress, and prevent the spread of plant pests as authorized in Title 3, Chapter 11 of the Delaware Code. 1.2 The Department …

900 Poultry and Animal Health 901 Poultry Disease Prevention Regulations 1.0 Authority This regulation is written under the authority of 3 Del.C. Ch. 63 and Ch. 71, and §§6301 and 7101 . 22 DE Reg. 667 (02/01/19) 2.0 Purpose 2.1 The commercial poultry industry in the State of Del…

Title 3 Agriculture Poultry and Animal Health 900 Poultry and Animal Health '; document.write (setPDFLink(strFile)); // --> 902 Scrapie Disease 1.0 Purpose Delaware Department of Agriculture Scrapie Disease Regulations to qualify the State of Delaware as a Scrapie Consistent Stat…

Title 3 Agriculture Poultry and Animal Health 900 Poultry and Animal Health '; document.write (setPDFLink(strFile)); // --> 903 Exotic Animal Regulations 1.0 Authority These regulations are promulgated pursuant to the authority of Section 7202 of Title 3 of the Delaware Cod e . 2…

Title 3 Agriculture Poultry and Animal Health 900 Poultry and Animal Health '; document.write (setPDFLink(strFile)); // --> 904 Health Requirements Governing the Admission of Animals 1.0 Relation to Federal Requirements 1.1 All livestock and poultry imports must meet Delaware Ani…

Title 3 Agriculture Poultry and Animal Health 900 Poultry and Animal Health '; document.write (setPDFLink(strFile)); // --> 905 Chronic Wasting Disease 1.0 Description of the Disease Chronic Wasting Disease (CWD) is a progressive, fatal, neurological disease found in a small perc…

900 Poultry and Animal Health 906 Possession, Sale or Exhibition of Non-Native and Invasive Animal Species 1.0 Scope and Authority These regulations govern the possession, sale and exhibition of exotic animal species determined to be invasive in the State of Delaware. 'These regu…

Office of the Alcoholic Beverage Control Commissioner 1000 General Establishments and Clubs 1005 (Formerly Rule 1407) A Rule Pertaining to Movie Theaters 1.0 Purpose This rule is promulgated pursuant to the Commissioner's authority to regulate the time, place, and manner in which…

100 Alcoholic Beverage Control Commissioner 101 (Formerly Rule 74) A Rule Pertaining to the Transcription of Testimony Taken Before the Delaware Alcoholic Beverage Control Commissioner 1.0 Purpose The purpose of this rule is to ensure that an accurate and complete record is kept …

100 Alcoholic Beverage Control Commissioner 102 (Formerly Rule 53) Witnesses and Evidence All witnesses shall be sworn in all proceedings hereunder. The rules of evidence applicable to the Superior Court of the State of Delaware shall be followed insofar as practicable, provided,…

100 Alcoholic Beverage Control Commissioner 103 (Formerly Rule 12) State of Emergency Whenever, pursuant to the Constitution and laws of the State of Delaware, the Governor or Acting Governor of this State shall declare a state of emergency, call out the organized militia or any …

100 Alcoholic Beverage Control Commissioner 104 (Formerly Rule 69) Severability If any rule of this Commissioner shall be declared invalid by a court of competent jurisdiction, all remaining rules shall remain valid and in full force and effect. If a portion of any rule of the Co…

200 Definitions 201 (Formerly Rule 56) As Amended A Rule Defining Cash 1.0 Cash Sales 1.1 No sale of alcoholic liquors by any licensee of this Commissioner shall be made except for cash. 1.2 For the purpose of this rule, the word " cash " shall mean: 1.2.1 In the case of a Packag…

200 Definitions 202 (Formerly Rule 19) A Rule Defining the Words Hotel, Motel, Restaurant and Dinner Theater 1.0 Purpose and Scope This Rule supplements the definition of Hotel, Motel, Dinner Theater and Restaurant contained in the Liquor Control Act, 4 Delaware Code, Section 101…

200 Definitions 203 (Formerly Rule 36) Delivery, Sale and Consumption of Alcoholic Liquors for On-Premises Consumption 1.0 Purpose and Scope This rule defines the term "Delivery", "Sale", "Service" and "Consumption" of alcoholic liquors and prescribes the hours of the day when al…

300 Owner and Financial Interests; Trade Names 301 (Formerly Rule 3) A Rule Requiring Prior Approval by the Commissioner of Changes in Ownership, Officers, or Directors, Financial Interest, or Lease As authorized by law, the Commissioner may refuse approval of changes in the owne…

300 Owner and Financial Interests; Trade Names 302 (Formerly Rule 49) A Rule Requiring a Lease to be Filed with the Commissioner Each application for a license for the sale of beer, wine, and spirits must be accompanied by a lease for the premises, unless owned by the applicant, …

300 Owner and Financial Interests; Trade Names 303 (Formerly Rule 44) A Rule Governing Financial Interests in Various Licensees The terms "importer," "manufacturer," and "retailer" as used in this rule shall include (in addition to the definitions given in 4 Del.C. §101 ) all per…

300 Owner and Financial Interests; Trade Names 304 (Formerly Rule 50) A Rule Regarding Approval of Trade Names No licensee shall use or operate under any trade name unless approved by the Commissioner. 19 DE Reg. 775 (02/01/16)

400 Taxation 401 (Formerly Rule 8) A Rule Governing Taxes Paid on Wine, Cider, Spirits, and Beer Entering the State of Delaware 1.0 Definitions “ Commissioner ” means the Delaware Alcoholic Beverage Control Commissioner or Designee, the Division of Revenue. “ Importer ” means who…

400 Taxation 402 (Formerly Rule 76) A Rule Governing Taxes Paid On Spirits 1.0 Tax Pay Rates 1.1 For the purpose of fulfilling the mandate of the General Assembly in Section 5 of the Act set forth in 1996 Delaware Laws Ch. 488, entitled “An Act To Amend Chapter 5, Title 4 Of The …

Regulation_ 305 DEPARTMENT OF SAFETY AND HOMELAND SECURITY Office of the Marijuana Commissioner 5000 Office of the Marijuana Commissioner 5001 Rules of the Office of the Marijuana Commissioner 1.0 General Provisions 1.1 Authority. This regulation is promulgated by the Office of t…

500 Initial and Temporary Licensure 501 (Formerly Rule 4) A Rule Requiring Certain Information by Persons Desiring to Make Application for a License to Sell Alcoholic Liquor Any person proposing to make application for a license to sell alcoholic liquor shall first obtain from an…

500 Initial and Temporary Licensure 502 (Formerly Rule 41) A Rule Requiring an Additional Deposit on Certain Applications for a License Any applicant for a license that requests a continuance for a hearing shall pay all costs necessitated by the continuance. 19 DE Reg. 775 (02/01…

500 Initial and Temporary Licensure 503 (Formerly Rule 21) A Rule Providing Specifications For All On-Premises Establishments 1.0 Approval of Conditions of Premises Before issuance of a license or renewal of license to sell alcoholic liquor in an on-premises establishment, the pr…

500 Initial and Temporary Licensure 504 (Formerly Rule 11) A Rule Providing Specifications for Stores and Off-Premises 1.0 Approval of Conditions of Premises 1.1 Before issuance of a license to sell alcoholic liquors in a store, the premises must be approved as to conditions by t…

500 Initial and Temporary Licensure 505 (Formerly Rule 60) A Rule Concerning Issuance of Temporary Licenses 1.0 Temporary Licenses 1.1 Temporary licenses may be issued to applicants for an on-premises license upon submission of properly filed application forms. 1.2 Temporary lice…

500 Initial and Temporary Licensure 506 (Formerly Rule 63) A Rule Clarifying the Advertising Requirements for 4 Del.C. § 524 For the purpose of clarifying 4 Del.C. §524 , one of the notices shall appear in a Delaware daily or weekly newspaper circulated within a five-mile radius …

500 Initial and Temporary Licensure 507 Licensing Third-party Delivery of Alcoholic Beverages 1.0 Purpose, Applicability and Findings 1.1 The purpose of this regulation is to establish procedures for the issuance of third-party delivery licenses under 4 Del.C. §512(a). 1.2 Only o…

600 Licenses for Gatherings 601 (Formerly Rule 35.1) Gathering Licenses 1.0 Purpose and Scope 1.1 This regulation implements the definition of "gathering of persons" under the Delaware Liquor Control Act. 1.2 The purpose of a licensed gathering of persons is to raise funds or to …

600 Licenses for Gatherings 602 (Formerly Rule 35) A Rule Governing the Issuance of a License for a Gathering to be Held in Licensed Establishments in the State of Delaware 1.0 Application for Gathering License The application for a gathering license shall indicate clearly the ar…

700 Renewal and Alterations of Licenses 701 (Formerly Rule 51) A Rule Requiring the Biennial Renewal of Wholesale, Retail, and Annual Gathering Licenses 1.0 Wholesaler Licenses (Even-Numbered Years) The Commissioner shall provide notice of license renewal to all wholesalers by Fe…

700 Renewal and Alterations of Licenses 702 (Formerly Rule 51.1) A Rule Requiring the Biennial Renewal of Supplier’s Licenses 1.0 Background All suppliers are required by the Delaware Liquor Control Act to be licensed by the Delaware Alcoholic Beverage Control Commissioner. All n…

700 Renewal and Alterations of Licenses 703 (Formerly Rule 42) A Rule Governing Specifications and Alterations to Proposed and Licensed Establishments 1.0 Purpose 1.1 This rule requires the submission of design specifications or alterations of proposed and existing establishments…

700 Renewal and Alterations of Licenses 704 (Formerly Rule 42.1) Construction, Renovation, Extension of Premises to Include Patios: Procedures, Standards and Fees 1.0 Purpose and Scope 1.1 Licenses issued under the provisions of Title 4, Delaware Code (Liquor Control Act) are app…

800 Suspension of License; Sanctions and Fines 801 (Formerly Rule 38) A Rule to Require the Posting of a Notice of Suspension of License Upon the Outer Door of All Licensed Premises Upon Issuance of Order of Suspension and Prohibiting Any Removal, Tampering With or Mutilation of …

800 Suspension of License; Sanctions and Fines 802 (Formerly Rule 55) A Rule Prohibiting Sales or Removal of Alcoholic Beverages From Premises While License is Suspended In a case where the Commissioner for any violation suspends the license of a licensee, said licensee must, und…

800 Suspension of License; Sanctions and Fines 803 (Formerly Rule 73.1) Sanctions for Certified Alcoholic Beverage Servers Who Violate the Liquor Control Act or Commissioner Rules 1.0 Purpose and Findings 1.1 The purpose of this rule is to establish administrative sanctions for c…