Title 3 — Agriculture
54 chapters · 326 sections in this title.
3 Del. C. § 1301. Definitions.
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§ 1301. Definitions. For purposes of this chapter: (1) “Agent” means any person that performs services for another person under an express or implied agreement. A person may be an agent without receiving compensation for services. (2) “Agriculture” means the production of plants …
3 Del. C. § 1302. Nursery licensing requirements.
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§ 1302. Nursery licensing requirements. (a) Any person, grower, agent, broker, dealer, mail-order merchant, commission merchant, consignor, landscaper, florist, greenhouse operator, chain store operator, garden center operator, roadside market operator, producer, or owner engaged…
3 Del. C. § 1303. Inspection of nurseries and businesses, and issuance of nursery inspection certificate.
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§ 1303. Inspection of nurseries and businesses, and issuance of nursery inspection certificate. (a) After receiving the nursery license application, the Department or its representatives shall examine or inspect all plants, plant material, or nursery stock located or grown on the…
3 Del. C. § 1304. Plant pest infestations.
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§ 1304. Plant pest infestations. (a) Any person that has in the person’s possession plants, plant materials, or nursery stock infested or infected with dangerously injurious plant pests possesses a public nuisance. (b) Upon discovery or notification of such nuisance the Departmen…
3 Del. C. § 1305. Shipping, labeling, and certification requirements.
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§ 1305. Shipping, labeling, and certification requirements. (a) No person(s) shall sell, ship or give away, by private carrier, commercial carrier or any other means, any plants, plant materials or nursery stock from any nursery, business, or premises within the State, without an…
3 Del. C. § 1306. Shipment of nursery stock into state; labeling and certification.
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§ 1306. Shipment of nursery stock into state; labeling and certification. (a) When any plants, plant materials, or nursery stock are shipped, sent, or mailed into this State, to any person in this State, every item including a carload, container, box, or package must be conspicuo…
3 Del. C. § 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department.
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§ 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department. Any person that acts as the representative of a transportation company, private carrier, commercial shipper, common carrier, express parcel carrier, or other transportation entity…
3 Del. C. § 1308. Labeling and advertising of nursery stock.
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§ 1308. Labeling and advertising of nursery stock. (a) Plants, plant materials, or nursery stock must not be labeled or advertised with false or misleading information. This includes common name, scientific name, variety, place of origin, and growth habit. (b) A person may not of…
3 Del. C. § 1309. Reciprocal agreements.
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§ 1309. Reciprocal agreements. The Department shall have the authority to make reciprocal agreements with the responsible officials of other states. Nursery stock or plants from any other state may be sold or delivered in this State under the same conditions required for sale, de…
3 Del. C. § 1310. Violations.
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§ 1310. Violations. (a) Any person that has in their possession plants, plant materials, or nursery stock that is uncertified, uninspected, or falsely or misleadingly labeled or advertised possesses an illegal regulated commodity. (1) Plants, plant materials, or nursery stock tha…
3 Del. C. § 1311. Hearing procedures.
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§ 1311. Hearing procedures. (a) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture and the Secretary’s designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity fo…
3 Del. C. § 1312. Appeals.
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§ 1312. Appeals. A person who feels aggrieved by an action of the Department resulting from the administrative hearing held under the authority of this chapter may take appeal, within 30 days of the written decision or other action of the Department, to the Superior Court. After …
3 Del. C. § 1313. Civil penalties.
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§ 1313. Civil penalties. (a) The civil penalty for violation of any section of this chapter not already stated will be 1 or more of the following: (1) The assessment of a civil penalty of no less than $100 nor more than $1000 on each count. (2) The confiscation or destruction of …