Title 3 — Agriculture

§ 2301. Agricultural lands and use of treated wastewater effluent. Notwithstanding any law or regulation to the contrary: (1) Any agricultural lands which are actively being farmed shall have the right to receive and recycle to such land reclaimed water through irrigation systems…

§ 2401. Declared public and common nuisance. The existence of growth of a noxious weed is declared to be a public and common nuisance.3 Del. C. 1953, § 2401; 57 Del. Laws, c. 701; 63 Del. Laws, c. 360, § 1;

§ 2402. Department of Agriculture — Investigations; designation of species; rules; programs of control; acceptance of grants; Weed Advisory Committee. (a) The state Department of Agriculture may make such investigations, studies and determinations as it may deem advisable in orde…

§ 2403. Same — Agreements relating to eradication. The state Department of Agriculture may enter into an agreement with any designated county in this State for the purpose of control and eradication of designated noxious weed within that county. When such an agreement is executed…

§ 2404. Importation; transportation; elimination. (a) It shall be unlawful to import designated noxious weeds into this State, or to transport designated noxious weeds within this State, in any form capable of growth, except for purposes of research with the prior written approva…

§ 2405. Prosecution of violations. Failure to comply with the provisions of this chapter may result in the assessment of a civil penalty. No civil penalty shall be imposed until an administrative hearing is held before the Secretary or the Secretary’s designee after due notice ha…

§ 2406. Hearing procedure and appeals. All hearings which are held to enforce the provisions of this chapter shall be conducted by the Secretary or the Secretary’s designee. The landowner or person who possesses or has use of the land shall have the right to appear personally, an…

§ 2407. Penalties. (a) Any person who interferes with the Department of Agriculture in the enforcement of this chapter as determined in an administrative hearing, shall be assessed a civil penalty of no less than $50 nor more than $500 on each count. (b) Any person who refuses to…

§ 2408. Cutting and spraying of noxious weeds by the Department of Transportation. The Department of Transportation shall cut down, or cause to be cut down, noxious weeds growing in the rights-of-way over which it has charge or supervision, as often in each year as shall be suffi…

§ 2501. Definitions. As used in this chapter: (1) “Person” means any individual, firm, partnership, corporation, company, association, society, joint-stock company or syndicate, their lessees, trustees or receivers. (2) “Dealer” means any person who solicits or receives any agric…

§ 2502. License required of dealer. It shall be unlawful for any dealer in agricultural products to operate and conduct a business without first having obtained a license as provided in this chapter. The Department shall publish annually a list of licensed dealers under this chap…

§ 2503. Dealers licensed annually. Every dealer in agricultural products proposing to transact business with producers and/or auction markets in this State shall file a written application for a license or for the renewal of a license with the Department. The application shall be…

§ 2504. License fee; bond required; exceptions to bond requirement. All applications shall be accompanied by a license fee of $25 and a good and sufficient bond in the minimum sum of $25,000. In any event, the bond shall be equal to or greater than the maximum amount of gross bus…

§ 2505. Execution of bond; bond form; action upon bond. The bond referred to in this chapter shall be executed by the applicant and by a surety company authorized and qualified to do business in this State as surety in favor of the Secretary in the Secretary’s official capacity f…

§ 2506. Renewal of license. Upon proof of payment of the renewal premium continuing the bond required by this chapter in full force and effect, or proof that the applicant meets 1 of the exceptions to the bond requirement set forth in § 2504 hereof, and upon the payment of a fee …

§ 2507. Fees collected. All sums received by the Department for license fees and renewals shall be paid into the State Treasury to the credit of the General Fund.3 Del. C. 1953, § 2507; 56 Del. Laws, c. 456, § 1; 57 Del. Laws, c. 764, § 11; 65 Del. Laws, c. 116, § 1;

§ 2508. Dealer to keep records. Every dealer who has received any agricultural product from a producer shall make and keep a correct record and retain the same for 2 years, showing in detail the following with reference to the handling or sale of such agricultural products, along…

§ 2509. Secretary’s authority to investigate; proceedings on complaints. (a) Upon the verified written complaint of any producer or interested person or upon the Secretary’s own motion, the Secretary or assistant whom the Secretary may designate may investigate the books and reco…

§ 2510. Refusal or revocation of license; hearing. (a) The Department may refuse to grant a license or may revoke any license already granted, as the case may be, when it is satisfied of the existence of any of the following causes: (1) The dealer has suffered a money judgment to…

§ 2511. Penalty. (a) The Secretary shall have the power to issue an order to any person violating any provision of this chapter to cease and desist from such violation; provided, that any cease and desist order issued pursuant to this section shall expire (1) after 90 days of its…

§ 2601. Commercial forest plantation. (a) A commercial forest plantation within the meaning and purpose of this chapter is a contiguous area of land of not less than 10 acres upon which the owner proposes to develop and maintain a forest either through planting or natural reprodu…

§ 2602. Application for exemption; requirements; examination. Any owner of a commercial forest plantation may make application to the Department of Agriculture to have such land listed for tax exemption. In making such application, such owner shall file with the Department of Agr…

§ 2603. Removal of exempt commercial forest plantation from county assessment books. If the Department determines from the report of the State Forester that the owner has complied with the purpose of this chapter, namely, to develop and maintain upon the owner’s land a commercial…

§ 2604. Voluntary withdrawal of land from exempt status; requirements. Any owner of land listed as commercial forest plantation desiring to withdraw said land from operation of this chapter shall make written application to the Department of Agriculture for such withdrawal. Such …

§ 2605. Restrictions on use of timber. The owner of any land listed under this chapter may fell and use any dead or injured timber and also cut and remove any live trees when such have been marked for removal with the approval and under the supervision of the Department of Agricu…

§ 2606. Inspections. The State Forester shall make periodic inspections of classified forest plantations and shall report the findings in writing to the Department of Agriculture. If the State Forester finds that the owner of listed lands has violated this chapter or has neglecte…

§ 2607. Removal of lands from exempt status by Department; notice; hearing; appeal. (a) If the State Forester recommends the removal of any lands from classification as commercial forest land, the Department of Agriculture shall notify the owner of the time and place of hearing u…

§ 2701. Purpose [Repealed].74 Del. Laws, c. 364, § 1; repealed by 83 Del. Laws, c. 347, § 1, effective July 1, 2022.;

§ 2702. Definitions [Repealed].74 Del. Laws, c. 364, § 1; repealed by 83 Del. Laws, c. 347, § 1, effective July 1, 2022.;

§ 2703. Nuisance Plant Committee [Repealed].74 Del. Laws, c. 364, § 1; repealed by 83 Del. Laws, c. 347, § 1, effective July 1, 2022.;

§ 2704. Violations; penalties [Repealed].74 Del. Laws, c. 364, § 1; repealed by 83 Del. Laws, c. 347, § 1, effective July 1, 2022.;

§ 2705. Settlement agreement [Repealed].74 Del. Laws, c. 364, § 1; repealed by 83 Del. Laws, c. 347, § 1, effective July 1, 2022.;

§ 2706. Hearing procedure; appeals [Repealed].74 Del. Laws, c. 364, § 1; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 347, § 1, effective July 1, 2022.;

§ 2707. Regulations [Repealed].74 Del. Laws, c. 364, § 1; repealed by 83 Del. Laws, c. 347, § 1, effective July 1, 2022.;

§ 2800. Short title. This act shall be known and may be cited as the “Industrial Hemp Research Act.”79 Del. Laws, c. 369, § 1;

§ 2801. Definitions. For purposes of this chapter: (1) “Department” means the Department of Agriculture. (2) “Industrial hemp” means the plant Cannabis sativa L.and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than …

§ 2802. Industrial hemp — Agricultural academic research. (a) Notwithstanding any law or regulation to the contrary, the Department may grow or cultivate industrial hemp for the purpose of agricultural or academic research. (b) The Department is authorized to certify any higher e…

§ 2803. Fees. The Department may assess fees for participation in the Delaware hemp program under this chapter in the amounts set by regulations promulgated pursuant to the § 101 of this title. All such fees assessed by the Department shall be nonrefundable. The total amount of f…

§ 2901. Purpose. The purpose of this chapter is to prohibit invasive plant species at their point of sale or delivery into this State.83 Del. Laws, c. 8, § 1;

§ 2902. Definitions. As used in this chapter: (1) “Invasive plant” means any living part, cultivar, variety, species, or subspecies not native to Delaware identified by the Secretary as having the potential to do all of the following: a. Result in widespread dispersal and establi…

§ 2903. Restrictions on invasive and potentially invasive plants. (a) No person may import, export, buy, sell, transport, distribute, or propagate any viable portion, including seeds, of a plant on the Invasive Plant List, unless the Secretary provides prior written approval unde…

§ 2904. Regulations; designation of plants. (a) (1) The Secretary shall adopt regulations necessary to carry out the purposes of this chapter. (2) The regulations adopted under paragraph (a)(1) of this section shall include all of the following: a. Maintaining the Invasive Plant …

§ 2905. Acceptance of grants. The Department of Agriculture and the Department of Natural Resources and Environmental Control may accept, use, or expand a gift, grant, aid, or loan that may be available from any source, public or private, for the purposes of carrying out the prov…

§ 2906. Violations. (a) A person who violates this chapter is subject to a civil penalty of not less than $50 and not more than $500 for each proven occurrence. (b) Before imposing a penalty under subsection (a) of this section, the Secretary must offer the person advice on compl…

§ 2907. Hearing procedure; appeals. (a) The Secretary, or the Secretary’s designee shall conduct all administrative proceedings under this chapter. (b) A person accused of violating this chapter has the right to appear personally, to be represented by counsel, and to submit evide…

§§ 3201-3204. The State of Delaware to enter into Compact; provisions thereof; the Delaware Delegation to the Northeast Interstate Dairy Compact; duties of the Secretary of Agriculture; civil penalties [Repealed]. Repealed by 77 Del. Laws, c. 357, § 1, effective July 12, 2010.

§ 3501. Definitions. As used in this chapter, unless the context clearly requires a different construction: (1) “Eggs” means eggs in the shell that are the product of domesticated chickens. (2) “Consumer” means any person who acquires eggs for consumption in the person’s own hous…

§ 3502. Standards; grades; size-weight classes. The Department of Agriculture shall establish, and from time to time, may amend or revise standards, grades, and size-weight classes for eggs marketed in Delaware. In administering this section, the Department of Agriculture shall h…

§ 3503. Official quality grades and weight classes. The standards, grades, weight classes and tolerance for individual shell eggs adopted by the United States Department of Agriculture, Poultry Division of the Agricultural Marketing Service are adopted as the official standards, …

§ 3504. Labeling. (a) The container in which any eggs are marketed in this State shall bear prominently on the outside portion thereof: (1) The grade of the eggs; (2) The size-weight class of the eggs; (3) The word “eggs”; (4) The numerical count of the contents; (5) The name and…