Title 3 — Agriculture
54 chapters · 326 sections in this title.
3 Del. C. § 2101. Title.
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§ 2101. Title. This chapter shall be known as the Delaware Commercial Fertilizer and Soil Conditioner Law of 2021.3 Del. C. 1953, § 2101; 58 Del. Laws, c. 157; 83 Del. Laws, c. 140, § 1;
3 Del. C. § 2102. Enforcing agency.
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§ 2102. Enforcing agency. This chapter shall be administered by the State Department of Agriculture of the State, hereinafter referred to as the Department.3 Del. C. 1953, § 2102; 58 Del. Laws, c. 157; 83 Del. Laws, c. 140, § 1;
3 Del. C. § 2103. Definitions of words and terms.
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§ 2103. Definitions of words and terms. When used in this chapter: (1) The term “brand” means a term, design, or trademark used in connection with 1 or several grades of commercial fertilizer. (2) The term “commercial fertilizer” means any substance containing 1 or more recognize…
3 Del. C. § 2104. Registration.
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§ 2104. Registration. (a) Each brand and grade of commercial fertilizer shall be registered before being distributed in this State. The application for registration shall be submitted to the Department on a form furnished by the Department, and shall be accompanied by a fee of $1…
3 Del. C. § 2105. Labels.
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§ 2105. Labels. (a) Any commercial fertilizer distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the information required by § 2104(a)(1)-(4) of this title. In case of bulk shipmen…
3 Del. C. § 2106. Inspection fees and tonnage reports.
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§ 2106. Inspection fees and tonnage reports. (a) (1) There shall be paid to the Department for all commercial fertilizers or soil conditioners distributed in this State to nonregistrants an inspection fee at the following rate: a. Ten cents per ton through December 31, 2021. b. N…
3 Del. C. § 2107. Inspection; sampling; analysis.
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§ 2107. Inspection; sampling; analysis. (a) It shall be the duty of the Secretary to sample, inspect, and test commercial fertilizers or soil conditioners distributed within this State at any time and place and to such an extent as the Secretary may deem necessary to determine wh…
3 Del. C. § 2108. Plant food deficiency.
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§ 2108. Plant food deficiency. (a) If analysis shows that a commercial fertilizer is deficient in 1 or more of its guaranteed primary plant foods (NPK) beyond the “investigational allowances” as established by published regulation, or if the overall index value of the fertilizer …
3 Del. C. § 2109. Commercial value.
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§ 2109. Commercial value. For the purpose of determining the commercial values to be applied under the provisions of § 2108 of this title, the Secretary shall determine and publish annually the values per unit of nitrogen, available phosphate, and soluble potash in commercial fer…
3 Del. C. § 2110. Misbranding.
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§ 2110. Misbranding. No person shall distribute misbranded fertilizer or soil conditioner. A commercial fertilizer or soil conditioner shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is distributed under the name of anothe…
3 Del. C. § 2111. Adulteration.
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§ 2111. Adulteration. No person shall distribute an adulterated fertilizer product or soil conditioner. A commercial fertilizer or soil conditioner shall be deemed to be adulterated: (1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injuri…
3 Del. C. § 2112. Publications.
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§ 2112. Publications. The Secretary shall publish at least annually and in such forms as the Secretary may deem proper: (1) Information concerning the distribution of commercial fertilizers and soil conditioners; (2) Results of analyses based on official samples of commercial fer…
3 Del. C. § 2113. Rules and regulations.
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§ 2113. Rules and regulations. The Secretary may prescribe and enforce such rules and regulations relating to investigational allowances, definitions, records, and the distribution of commercial fertilizers and soil conditioners as may be necessary to carry into effect the full i…
3 Del. C. § 2114. Fertilizer and soil conditioner short in weight.
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§ 2114. Fertilizer and soil conditioner short in weight. If any commercial fertilizer or soil conditioner in the possession of the consumer is found by the Secretary to be short in weight, the registrant of said commercial fertilizer or soil conditioner shall within 30 days after…
3 Del. C. § 2115. Cancellation of registrations.
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§ 2115. Cancellation of registrations. The Department may cancel the registration of any brand of commercial fertilizer or soil conditioner or refuse to register any brand of commercial fertilizer or soil conditioner as herein provided, upon satisfactory evidence that the registr…
3 Del. C. § 2116. “Stop sale” orders.
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§ 2116. “Stop sale” orders. The Secretary may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lots of commercial fertilizer or soil conditioner to hold such commercial fertilizer or soil conditioner at a designated place w…
3 Del. C. § 2117. Seizure, condemnation, and sale.
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§ 2117. Seizure, condemnation, and sale. Any lot of commercial fertilizer or soil conditioner not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the Secretary to a court of competent jurisdiction in the county in which said commercia…
3 Del. C. § 2118. Violations.
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§ 2118. Violations. (a) If it shall appear from the examination of any commercial fertilizer or soil conditioner that any of the provisions of this chapter or the rules and published regulations issued thereunder have been violated, the Secretary shall cause notice of the violati…
3 Del. C. § 2119. Hearing required.
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§ 2119. Hearing required. If, after notification by the Secretary of the Department’s order penalizing any person under §§ 2108 and 2114 of this title, denying registration under § 2104 of this title, or cancelling registration under § 2115 of this title, any aggrieved person sha…
3 Del. C. § 2120. Appeals.
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§ 2120. Appeals. Nothing in this chapter shall be construed to prohibit appeals to a court of competent jurisdiction by persons aggrieved by a decision of the Secretary under § 2119 of this title. Such an appeal shall be on the record and confined to a determination as to whether…
3 Del. C. § 2121. Exchanges between manufacturers.
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§ 2121. Exchanges between manufacturers. Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or soil conditioners to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preven…
3 Del. C. § 2122. Delegation of duties.
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§ 2122. Delegation of duties. All authority vested in the State Secretary of Agriculture by virtue of the provisions of this chapter may with like force and effect be executed by such employees of the Department of Agriculture as may be designated for said purpose.3 Del. C. 1953,…
3 Del. C. § 2123. Cooperation with other entities.
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§ 2123. Cooperation with other entities. The Department may cooperate and enter into agreements with governmental agencies of this State, other states, and agencies of the federal government in order to carry out the purpose and provisions of this chapter.83 Del. Laws, c. 140, § …