Title 3 — Agriculture
54 chapters · 326 sections in this title.
3 Del. C. § 1101. Definitions.
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§ 1101. Definitions. The following words shall, for purposes of this chapter, be defined as follows: (1) “Agriculture” — the production of plants and animals useful to humans, including all forms of farm products and farm production. (2) “Biological control agent(s)” — any living…
3 Del. C. § 1102. Regulations and fees.
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§ 1102. Regulations and fees. (a) The Department of Agriculture may adopt reasonable regulations to implement and carry out the purposes of this chapter to eradicate, repress and prevent the spread of plant pests (i) within the State, (ii) from within the State to points outside …
3 Del. C. § 1103. Discovery and suppression of plant pests.
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§ 1103. Discovery and suppression of plant pests. (a) In order to prevent the introduction of or to control dangerously injurious plant pests in the State, the Department shall seek out all dangerously injurious plant pests destructive to the agricultural, forest or horticultural…
3 Del. C. § 1104. Warning and information to farmers and other persons.
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§ 1104. Warning and information to farmers and other persons. (a) The Department, upon confirmation of an actionable infestation or infection of any dangerously injurious plant pest(s), shall warn the farmers and other persons residing in the county of the nature of the aforement…
3 Del. C. § 1105. Failure to pay expenses of treating diseased plants and pests; penalty.
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§ 1105. Failure to pay expenses of treating diseased plants and pests; penalty. (a) The Department shall, within 90 days, provide notice of all expenses incurred while controlling a dangerous injurious plant pest infestation or infection to the person(s), owner(s) or tenant(s) as…
3 Del. C. § 1106. Establishment of quarantine restrictions.
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§ 1106. Establishment of quarantine restrictions. (a) The Department may establish quarantine restrictions in areas infested or infected with dangerously injurious plant pests and areas adjacent thereto, and adopt, issue and enforce rules and regulations relative to such quaranti…
3 Del. C. § 1107. Shipment of plant pests and biological control agents.
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§ 1107. Shipment of plant pests and biological control agents. (a) No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment any plant pest or biological control agent without a U.S. Department of Agriculture — Animal and Plant Health Inspec…
3 Del. C. § 1108. Violations and hearing procedures.
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§ 1108. Violations and hearing procedures. (a) Failure to comply with this chapter shall result in the assessment of a civil penalty. (b) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or the Secretary’s designee. No …
3 Del. C. § 1109. Appeal.
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§ 1109. Appeal. A person who feels aggrieved by the Department as a result of the administrative hearing held under the authority of this chapter may take appeal, within 30 days, to the Superior Court. After a full hearing, the Court shall make such decree as seems just and prope…
3 Del. C. § 1110. Civil penalties.
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§ 1110. Civil penalties. (a) Any person who interferes with the Department in the enforcement of this chapter, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count. (b) Any person who is not a Depart…