Title 3 — Agriculture
54 chapters · 326 sections in this title.
3 Del. C. § 701. Short title.
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§ 701. Short title. This chapter shall be known and may be cited as the “Delaware Agricultural Commodities Development Act.”62 Del. Laws, c. 176, § 1;
3 Del. C. § 702. Purpose; construction.
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§ 702. Purpose; construction. (a) It is hereby declared to be in the interest of the public welfare that Delaware farmers who produce agricultural commodities for domestic and foreign markets shall be permitted to act separately or jointly in cooperation with handlers, dealers an…
3 Del. C. § 703. Definitions.
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§ 703. Definitions. For the purpose of this chapter: (1) “Agricultural commodity” means any agricultural product, including, but not limited to, plants and animals and plant and animal products, grown, raised or produced within the State for use as food, feed, seed or any aesthet…
3 Del. C. § 704. Agricultural Commodity Advisory Boards — Creation; membership; election; term; organization.
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§ 704. Agricultural Commodity Advisory Boards — Creation; membership; election; term; organization. (a) An Agricultural Commodity Advisory Board is hereby created for the producers of each agricultural commodity who file with the Secretary a petition requesting that the producers…
3 Del. C. § 705. Same — Meetings; quorum.
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§ 705. Same — Meetings; quorum. Subject to the requirements of this chapter, the Advisory Board shall meet at such time and place as it may determine or upon call of the chairperson or of any 3 members of the Board. A majority of the voting members of the Board shall constitute a…
3 Del. C. § 706. Same — Formulate and submit development order.
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§ 706. Same — Formulate and submit development order. (a) Within 30 days after the election of an Agricultural Commodity Advisory Board by the producers of a particular commodity, the Advisory Board shall meet and formulate a development order establishing a program to assist suc…
3 Del. C. § 707. Same — Additional powers and duties.
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§ 707. Same — Additional powers and duties. (a) The Agricultural Commodity Advisory Board shall: (1) Adopt and administer rules and regulations for the administration of the development order; (2) Recommend amendments to the order, such amendments to be adopted only after a refer…
3 Del. C. § 708. Powers and duties of Secretary.
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§ 708. Powers and duties of Secretary. (a) The Secretary, with the advice and consent of the Advisory Board, will contract and cooperate with the University of Delaware’s College of Agricultural Sciences, or with other qualified agencies, persons or organizations, to meet the pur…
3 Del. C. § 709. Fees to defray expenses.
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§ 709. Fees to defray expenses. (a) For the purpose of providing funds to defray the necessary expenses incurred by the Secretary and the Advisory Board in formulating, submitting to referendum, issuing, administering and enforcing an agricultural commodity development order, the…
3 Del. C. § 710. Compensation of Board.
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§ 710. Compensation of Board. Each member of the Advisory Board, except the Secretary, shall be entitled to a reasonable per diem to be fixed in the development order and actual expenses incurred while attending Board meetings, but only actual expenses incurred while engaged in o…
3 Del. C. § 711. Legal counsel.
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§ 711. Legal counsel. The Advisory Board may appoint an attorney who shall act for the Board and the Secretary when required. The Board shall fix the compensation and terms of employment of such attorney.62 Del. Laws, c. 176, § 1;
3 Del. C. § 712. Records of Advisory Board.
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§ 712. Records of Advisory Board. All of the records of the Advisory Board shall be public records and shall be available for inspection for any lawful purpose; provided, however, that the Advisory Board shall be empowered to make reasonable rules and regulations concerning the t…
3 Del. C. § 713. Refund of fees.
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§ 713. Refund of fees. Any producer, by the use of forms to be provided by the Secretary and upon presentation of such proof as the Secretary and Advisory Board may require by rule or regulation, may have the fee paid pursuant to this chapter refunded to him or her. Such request …
3 Del. C. § 714. Termination of order.
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§ 714. Termination of order. (a) The Advisory Board shall suspend or terminate a development order whenever it finds, after a public hearing or hearings, that an order is contrary to or does not tend to effectuate the purposes or provisions of this chapter, provided that such sus…
3 Del. C. § 715. Expenditure of funds upon termination of order.
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§ 715. Expenditure of funds upon termination of order. Any funds remaining with the Advisory Board after the termination of a development order shall be expended to meet existing legal obligations of the Board. Any surplus remaining shall be expended for research purposes or othe…
3 Del. C. § 716. Association not illegal.
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§ 716. Association not illegal. No activity, including meetings, undertaken in pursuance of the sections of this chapter that are intended to benefit the procedures, handlers and processors of such agricultural commodity shall be deemed or considered illegal or in restraint of tr…
3 Del. C. § 717. Penalty.
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§ 717. Penalty. Any person who violates any provision of this chapter or rule or regulation of an Agricultural Commodity Advisory Board promulgated pursuant to the sections of this chapter is guilty of a class C misdemeanor. Justices of the peace shall have jurisdiction over all …