Title 3 — Agriculture

54 chapters · 326 sections in this title.

326 sectionsFiltered byTitle 3

3 Del. C. § 1704. Registration.
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§ 1704. Registration. (a) Each commercial feed, such as animal food, pet food, specialty pet food, supplements, or medicated feed shall be registered before being distributed in this State; provided, however, that customer-formula feeds are exempt from registration. The applicati…
3 Del. C. § 1705. Labeling.
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§ 1705. Labeling. (a) Any commercial feed distributed in this State shall be accompanied by a legible label bearing the following information: (1) The quantity statement; (2) The product name and brand name, if any, under which the commercial feed is distributed; (3) The guarante…
3 Del. C. § 1706. Registration fees.
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§ 1706. Registration fees. (a) An annual registration fee must be paid to the Department, by December 31 each year, for each commercial feed distributed in this State as follows: (1) For all commercial feed other than pet food, the registration fee is $23 per each product of each…
3 Del. C. § 1707. Adulteration.
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§ 1707. Adulteration. No person shall distribute an adulterated feed. A commercial feed or customer-formula feed shall be deemed to be adulterated: (1) If any poisonous, deleterious or nonnutritive ingredient has been added in sufficient amount to render it injurious to health wh…
3 Del. C. § 1708. Misbranding.
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§ 1708. Misbranding. No person shall distribute misbranded feed. A commercial feed or customer-formula feed 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 another feed; (3) If it is not la…
3 Del. C. § 1709. Inspections; sampling; analysis.
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§ 1709. Inspections; sampling; analysis. (a) The Department, individually or through its authorized agent, shall sample, inspect, make analyses of, and test commercial feeds and customer-formula feeds distributed within this State at such time and place, and to such an extent as …
3 Del. C. § 1710. Regulations.
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§ 1710. Regulations. The Department shall enforce this chapter, and after due publicity and due public hearing may promulgate and adopt such reasonable regulations as may be necessary in order to secure the efficient administration of this chapter. Publicity concerning the public…
3 Del. C. § 1711. Detained commercial feeds; “withdrawal from distribution” orders; condemnation and confiscation.
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§ 1711. Detained commercial feeds; “withdrawal from distribution” orders; condemnation and confiscation. (a) When the Department or its authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of this chapter or of any of the r…
3 Del. C. § 1712. Penalties.
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§ 1712. Penalties. (a) Any person convicted of violating any of the provisions of this chapter or any regulations hereunder or the rules and regulations issued thereunder, or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the Department or its duly …
3 Del. C. § 1713. Publications.
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§ 1713. Publications. The Department shall publish at least semiannually, in such form as it may deem proper, a report of the results of the analyses of official samples of commercial feeds sold within this State as compared with the analyses guaranteed in the registration and on…
3 Del. C. § 1714. Cooperation with other entities.
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§ 1714. Cooperation with other entities. The Department may cooperate and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.83…
3 Del. C. § 1901. Title.
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§ 1901. Title. This chapter shall be known as “The Delaware Agricultural Liming Materials Act.”3 Del. C. 1953, § 1901; 57 Del. Laws, c. 690.;
3 Del. C. § 1902. Enforcing agency.
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§ 1902. Enforcing agency. This chapter shall be administered by the Department of Agriculture of the State, hereinafter referred to as the “Department.”3 Del. C. 1953, § 1902; 57 Del. Laws, c. 690.;
3 Del. C. § 1903. Definitions of words and terms.
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§ 1903. Definitions of words and terms. (a) “Agricultural liming materials” means all suitable materials containing calcium or magnesium in chemical form, physical condition and quantity capable of neutralizing soil acidity. (b) “Limestone” means a material consisting essentially…
3 Del. C. § 1904. Labeling.
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§ 1904. Labeling. (a) Agricultural liming materials sold, offered or exposed for sale in this State shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sa…
3 Del. C. § 1905. Prohibitions.
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§ 1905. Prohibitions. (a) No agricultural liming material shall be sold or offered for sale in this State unless it contains the minimum of calcium and magnesium, as stated in § 1903(b)(1) and (2). (b) No agricultural liming material shall be sold or offered for sale in this Stat…
3 Del. C. § 1906. Registration.
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§ 1906. Registration. Before any person shall sell, offer or expose for sale in this State any agricultural liming material, such person shall for each separately identified product file annually with the Department, on forms supplied by the Department or its authorized agent, an…
3 Del. C. § 1907. Registration fees.
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§ 1907. Registration fees. Each application filed pursuant to § 1906 of this title shall be accompanied by an annual registration fee of $11.50 per product. Upon compliance with the provisions of this chapter, the registration shall be approved for the period ending on June 30 of…
3 Del. C. § 1908. Inspection fees.
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§ 1908. Inspection fees. Within the 30-day period following June 30 and December 31 of each year, each registrant shall submit, on a form furnished by the Department or its authorized agent, a semiannual statement setting forth the number of net tons of each agricultural liming m…
3 Del. C. § 1909. Sampling; analysis.
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§ 1909. Sampling; analysis. The Department is empowered, and it shall be the duty of its agent, to sample agricultural liming materials, to analyze them and to report to the registrant the results of its analysis. Results shall become official and public after 10 days. The Depart…
3 Del. C. § 1910. Penalties.
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§ 1910. Penalties. Any person convicted of violating this chapter or the rules and regulations promulgated thereunder shall be fined not less than $50 nor more than $200 to be enforced by summary proceedings in a court of competent jurisdiction. Nothing in this chapter shall be c…
3 Del. C. § 1911. Assessment for deficiency.
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§ 1911. Assessment for deficiency. (a) If the analysis of any agricultural liming material shall fall as much as, or more than, 10% in value below the value of the manufacturer’s guarantee, the Department of Agriculture shall assess twice the value of such deficiency against the …
3 Del. C. § 1912. Rules and regulations.
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§ 1912. Rules and regulations. The Department, after reasonable notice and hearing, is empowered to promulgate and enforce rules and regulations for the administration of this chapter and to grant exemptions from specific requirements of this chapter as, from time to time, may be…
3 Del. C. § 1913. Publications.
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§ 1913. Publications. The Department shall publish at least semiannually, in such forms as it may deem proper, a report of the results of the analyses of official samples of liming materials sold within the State as compared with the analyses guaranteed in the registration and on…
3 Del. C. § 1914. Delegation of duties.
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§ 1914. Delegation of duties. All authority vested in the Department 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 such purpose.3 Del. C. 1953, § 19…
3 Del. C. § 2001. Definitions.
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§ 2001. Definitions. For purposes of this chapter, “State-owned agricultural land” means land of 10 acres or more that is owned by this State or a political subdivision of this State and that is used or intended to be used for “agricultural use,” as defined under § 902 of this ti…
3 Del. C. § 2002. Notice requirements.
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§ 2002. Notice requirements. (a) Except as provided in subsection (c) of this section, when this State or a political subdivision of this State seeks bids to lease State-owned agricultural land for either a short-term or long-term lease period, notice of the request for bids must…
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, § …