Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 5101. Definitions; meaning of terms.
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§ 5101. Definitions; meaning of terms. When used in this chapter: (1) A “certificate of conformance” means a document issued by the National Institute of Standards and Technology based on testing in participating laboratories that indicates that the weights and measures or weighi…
6 Del. C. § 5102. Systems of weights and measures.
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§ 5102. Systems of weights and measures. The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and 1 or both of these systems shall be used for all commercial purposes in this State. The defi…
6 Del. C. § 5103. Definitions of special units of measure.
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§ 5103. Definitions of special units of measure. The term “barrel,” when used in connection with fermented liquor, shall mean a unit of 31 gallons. The term “ton” shall mean a unit of 2,000 pounds avoirdupois weight. The term “cord,” when used in connection with wood intended for…
6 Del. C. § 5104. State standards of weights and measures.
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§ 5104. State standards of weights and measures. Such weights and measures in conformity with the standards of the United States as have been supplied to the State by the federal government or otherwise obtained by the State for use as state standards shall, when the same shall h…
6 Del. C. § 5105. Field standards and equipment.
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§ 5105. Field standards and equipment. In addition to the state standards provided for in § 5104 of this title, there shall be supplied by the State such “field standards” and such equipment as may be found necessary to carry out the provisions of this chapter. The field standard…
6 Del. C. § 5106. General powers and duties of Secretary of Agriculture.
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§ 5106. General powers and duties of Secretary of Agriculture. The Secretary of Agriculture shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this chapter, and shall keep accurate records of the same. The …
6 Del. C. § 5107. Specific powers and duties of Secretary of Agriculture; regulations.
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§ 5107. Specific powers and duties of Secretary of Agriculture; regulations. The Secretary shall issue from time to time reasonable regulations for the enforcement of this chapter, which regulations shall have the force and effect of law. These regulations may include (1) standar…
6 Del. C. § 5108. Testing at state-supported institutions.
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§ 5108. Testing at state-supported institutions. The Secretary of Agriculture shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the General As…
6 Del. C. § 5109. General testing.
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§ 5109. General testing. When not otherwise provided by law, the Secretary of Agriculture shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. It shall be the duty of the Secretary of Agriculture,…
6 Del. C. § 5110. Investigations.
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§ 5110. Investigations. The Secretary of Agriculture shall investigate complaints concerning violations of the provisions of this chapter, and shall, upon the Secretary of Agriculture’s own initiative, conduct such investigations as deemed appropriate and advisable to develop inf…
6 Del. C. § 5111. Inspection of packages.
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§ 5111. Inspection of packages. The Secretary of Agriculture shall, as often as necessary to provide adequate protection, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether …
6 Del. C. § 5112. Stop-use, stop-removal, and removal orders.
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§ 5112. Stop-use, stop-removal, and removal orders. The Secretary of Agriculture shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-remova…
6 Del. C. § 5113. Disposition of correct and incorrect apparatus.
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§ 5113. Disposition of correct and incorrect apparatus. The Secretary of Agriculture shall approve for use and seal or mark with appropriate devices such weights and measures found upon inspection and test to be “correct” as defined in § 5107 of this title, and shall reject and m…
6 Del. C. § 5114. Police powers; right of entry and stoppage.
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§ 5114. Police powers; right of entry and stoppage. With respect to the enforcement of this chapter and any other chapters dealing with weights and measures that the Secretary of Agriculture is, or may be, empowered to enforce, the Secretary of Agriculture is hereby vested with p…
6 Del. C. § 5115. Powers and duties of inspectors.
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§ 5115. Powers and duties of inspectors. The powers and duties given to and imposed upon the Secretary of Agriculture by §§ 5108, 5109, 5110, 5111, 5112, 5113, 5114 and 5137 of this title are given to and imposed upon the inspectors also, when acting under the instructions and at…
6 Del. C. § 5116. Duty of owners of incorrect apparatus.
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§ 5116. Duty of owners of incorrect apparatus. Weights and measures that have been rejected under the authority of the Secretary of Agriculture shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made a…
6 Del. C. § 5117. Method of sale of commodities.
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§ 5117. Method of sale of commodities. Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count; provided…
6 Del. C. § 5118. Packages; declarations of quantity and origin; variations; exemptions.
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§ 5118. Packages; declarations of quantity and origin; variations; exemptions. Except as otherwise provided in this chapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or…
6 Del. C. § 5119. Declarations of unit price on random packages.
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§ 5119. Declarations of unit price on random packages. In addition to the declarations required by § 5118 of this title, any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity and bearing the total selling…
6 Del. C. § 5120. Uniform packaging and labeling.
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§ 5120. Uniform packaging and labeling. The standards and requirements for Uniform Packaging and Labeling will be those contained in Handbook 130 of the National Institute of Standards and Technology and supplements thereto, or in any publication revising or superseding Handbook …
6 Del. C. § 5121. Advertising packages for sale.
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§ 5121. Advertising packages for sale. Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic …
6 Del. C. § 5122. Sale by net weight.
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§ 5122. Sale by net weight. The word “weight” as used in this chapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall b…
6 Del. C. § 5123. Misrepresentation of price.
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§ 5123. Misrepresentation of price. Whenever any commodity or service is sold or is offered, exposed or advertised for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or de…
6 Del. C. § 5124. Meat, poultry and seafood.
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§ 5124. Meat, poultry and seafood. Meat, poultry and seafood shall be sold by weight, except that whole shellfish in the shell and ready to eat food may be sold by weight, measure and/or count.6 Del. C. 1953, § 5126; 53 Del. Laws, c. 187, § 3; 58 Del. Laws, c. 281, § 12; 66 Del. …
6 Del. C. § 5125. Clams, mussels, oysters, and other mollusks.
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§ 5125. Clams, mussels, oysters, and other mollusks. Whole clams, oysters, mussels or other mollusks in the shell, whether fresh or frozen, shall be sold by weight including the weight of the shell, but not including the liquid of ice packed with them, dry measure and/or count. I…
6 Del. C. § 5126. Non-food products.
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§ 5126. Non-food products. The specifications and requirements for non-food products shall be those specified by the National Institute of Standards and Technology, Handbook 130 and supplements thereto, or in any publication revising or superseding Handbook 130, except insofar as…
6 Del. C. § 5127. Bulk deliveries of commodities sold in terms of weight.
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§ 5127. Bulk deliveries of commodities sold in terms of weight. Whenever a vehicle delivers to an individual purchaser a commodity in bulk and the commodity is sold in terms of weight units, the delivery shall be accompanied by duplicate delivery tickets on which, in ink or other…
6 Del. C. § 5128. Furnace and stove oil.
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§ 5128. Furnace and stove oil. (a) Whoever sells or delivers fuel oil or propane in quantities of 20 gallons or more for heating or cooking purposes shall issue a delivery ticket which shall consist of an original and at least 1 carbon copy. Said ticket shall be serially numbered…
6 Del. C. § 5129. Berries and small fruits.
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§ 5129. Berries and small fruits. Berries and small fruits shall be offered and exposed for sale and sold by weight or by measure in open containers having capacities of 1/2 dry pint, 1 dry pint or 1 dry quart; provided, that the marking provisions of § 5118 of this title shall n…
6 Del. C. § 5130. Construction of contracts.
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§ 5130. Construction of contracts. Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in §§ 5101 and 5102 of this title, and all contracts concerning the sale of commodities and services shall be c…
6 Del. C. § 5131. Licensed weighmasters; appointment; tenure; license fee; seal; charges; records.
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§ 5131. Licensed weighmasters; appointment; tenure; license fee; seal; charges; records. (a) The Secretary shall appoint as a licensed weighmaster any person who possesses the qualifications provided for in this section and shall make application for the appointment, assigning to…
6 Del. C. § 5132. Hindering or obstructing officer; penalties.
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§ 5132. Hindering or obstructing officer; penalties. Any person who shall hinder or obstruct in any way the Secretary of Agriculture, or any 1 of the inspectors, in the performance of official duties, shall, upon conviction thereof, be punished by a fine of not less than $100 or …
6 Del. C. § 5133. Impersonation of officer; penalties.
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§ 5133. Impersonation of officer; penalties. Any person who shall impersonate in any way the Secretary of Agriculture or any one of the inspectors by the use of the Secretary’s seal or a counterfeit of the Secretary’s seal, or in any other manner, upon conviction thereof, shall b…
6 Del. C. § 5134. Offenses and penalties.
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§ 5134. Offenses and penalties. (a) No person shall: (1) Use or have in possession for the purpose of using for any commercial purpose specified in § 5109 of this title, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorr…
6 Del. C. § 5135. Injunction.
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§ 5135. Injunction. The Secretary of Agriculture may apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating this chapter.6 Del. C. 1953, § 5140; 53 Del.…
6 Del. C. § 5136. Presumptive evidence.
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§ 5136. Presumptive evidence. For the purposes of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, …
6 Del. C. § 5137. Validity of prosecutions.
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§ 5137. Validity of prosecutions. Prosecutions for violation of this chapter shall be valid and proper notwithstanding the existence of any other valid general or specific chapter of the Delaware Laws dealing with matters that may be the same as or similar to those covered by thi…
6 Del. C. § 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas.
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§ 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas. Justices of the peace and the Court of Common Pleas shall have concurrent jurisdiction over violations of this chapter.6 Del. C. 1953, § 5143; 53 Del. Laws, c. 187, § 3; 58 Del. Laws, c. 281, § 21…
6 Del. C. § 5139. Citation.
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§ 5139. Citation. This chapter may be cited as the “Weights and Measures Act of Delaware.”6 Del. C. 1953, § 5144; 53 Del. Laws, c. 187, § 3; 70 Del. Laws, c. 370, § 12;
6 Del. C. § 5140. Fees for services for out-of-state companies.
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§ 5140. Fees for services for out-of-state companies. The following fees shall be charged for the services listed below to those firms which do not possess a current Delaware business license: (1) Cast iron and steel weights — Class F tolerances. — The Department shall charge the…
6 Del. C. § 5141. Fines payable by mail.
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§ 5141. Fines payable by mail. (a) Applicability. — Any weights and measures inspector in this State, who issues a citation for any of the offenses which are violations of laws or regulations established or promulgated under the authority of this chapter, may, in addition to issu…
6 Del. C. § 5142. Administrative penalties.
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§ 5142. Administrative penalties. (a) In addition to proceeding under any other remedy available at law or in equity for a violation of this chapter or a rule or regulation adopted thereunder, or any order issued pursuant to this chapter, the Secretary, in the Secretary’s discret…