Title 3, Agriculture

§ 1234. License to keep records; duration; submission to Department. (a) The Department shall require the licensee, certified private, or certified commercial applicators to maintain records with respect to applications of pesticides. Such relevant information as the Department m…

§ 1235. Storing and disposal of pesticides and pesticide containers. No person shall transport, store or dispose of any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any wat…

§ 1236. Stop sale, use or removal orders. When the Department has reasonable cause to believe a pesticide or device is being distributed or used in violation of any of the provisions of this chapter, or any of the prescribed regulations under this chapter, it may issue and serve …

§ 1237. Enforcement of chapter. This chapter shall be enforced by the State Department of Agriculture. The Department may establish regulations, but only after public hearing following due notice to carry out the purposes of this chapter, and all authority vested in the Departmen…

§ 1238. Cooperative agreements. The Department may cooperate, receive grants-in-aid and enter into agreements with any agency of the federal government, of this State or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chap…

§ 1239. Information. The Department may, in cooperation with the University of Delaware, Delaware State University, other educational institutions or trade associations, publish information and conduct short courses of instruction in the areas of knowledge required in this chapte…

§ 1240. Repeals. Jurisdiction in all matters pertaining to the distribution, sale, use, application and transportation of pesticides and devices is by this chapter vested exclusively in the Department, and all acts and parts of acts inconsistent with this chapter, with the except…

§ 1301. Definitions. For purposes of this chapter: (1) “Agent” means any person that performs services for another person under an express or implied agreement. A person may be an agent without receiving compensation for services. (2) “Agriculture” means the production of plants …

§ 1302. Nursery licensing requirements. (a) Any person, grower, agent, broker, dealer, mail-order merchant, commission merchant, consignor, landscaper, florist, greenhouse operator, chain store operator, garden center operator, roadside market operator, producer, or owner engaged…

§ 1303. Inspection of nurseries and businesses, and issuance of nursery inspection certificate. (a) After receiving the nursery license application, the Department or its representatives shall examine or inspect all plants, plant material, or nursery stock located or grown on the…

§ 1304. Plant pest infestations. (a) Any person that has in the person’s possession plants, plant materials, or nursery stock infested or infected with dangerously injurious plant pests possesses a public nuisance. (b) Upon discovery or notification of such nuisance the Departmen…

§ 1305. Shipping, labeling, and certification requirements. (a) No person(s) shall sell, ship or give away, by private carrier, commercial carrier or any other means, any plants, plant materials or nursery stock from any nursery, business, or premises within the State, without an…

§ 1306. Shipment of nursery stock into state; labeling and certification. (a) When any plants, plant materials, or nursery stock are shipped, sent, or mailed into this State, to any person in this State, every item including a carload, container, box, or package must be conspicuo…

§ 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department. Any person that acts as the representative of a transportation company, private carrier, commercial shipper, common carrier, express parcel carrier, or other transportation entity…

§ 1308. Labeling and advertising of nursery stock. (a) Plants, plant materials, or nursery stock must not be labeled or advertised with false or misleading information. This includes common name, scientific name, variety, place of origin, and growth habit. (b) A person may not of…

§ 1309. Reciprocal agreements. The Department shall have the authority to make reciprocal agreements with the responsible officials of other states. Nursery stock or plants from any other state may be sold or delivered in this State under the same conditions required for sale, de…

§ 1310. Violations. (a) Any person that has in their possession plants, plant materials, or nursery stock that is uncertified, uninspected, or falsely or misleadingly labeled or advertised possesses an illegal regulated commodity. (1) Plants, plant materials, or nursery stock tha…

§ 1311. Hearing procedures. (a) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture and the Secretary’s designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity fo…

§ 1312. Appeals. A person who feels aggrieved by an action of the Department resulting from the administrative hearing held under the authority of this chapter may take appeal, within 30 days of the written decision or other action of the Department, to the Superior Court. After …

§ 1313. Civil penalties. (a) The civil penalty for violation of any section of this chapter not already stated will be 1 or more of the following: (1) The assessment of a civil penalty of no less than $100 nor more than $1000 on each count. (2) The confiscation or destruction of …

§ 1401. Agricultural and forestal operations not considered nuisances; exception. No agricultural or forestal operation within this State which has been in operation for a period of more than 1 year shall be considered a nuisance, either public or private, as the result of a chan…

§ 1501. Definitions. As used in this chapter: (1) “Advertisement” means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed under this chapter that is offered for sale or distribution. (2) “Agricultural seed” includes t…

§ 1502. Label requirements; all agricultural, vegetable, flower, or tree and shrub seeds; treated; hermetically sealed. (a) (1) Each container of agricultural, vegetable, flower, or tree and shrub seeds which is sold, offered for sale, exposed for sale, or transported within this…

§ 1502A. Label requirements; agricultural seeds. (a) In addition to the information required under § 1502 of this title, each container of agricultural seeds, except for grass seed mixtures under subsection (b) of this section, must contain all of the following information: (1) T…

§ 1502B. Label requirements; vegetable seeds. (a) In addition to the information required under § 1502 of this title, each container of vegetable seeds in containers of 1 pound or less must contain all of the following information: (1) Name of kind and variety of seed. (2) Lot nu…

§ 1502C. Label requirements; flower seeds. (a) In addition to the information required under § 1502 of this title, each container of flower seeds must contain all of the following information: (1) The name of the kind and variety or a statement of type and performance characteris…

§ 1503. Label requirements; tree and shrub seeds. (a) (1) In addition to the information required under § 1502 of this title, each container of tree and shrub seed must contain all of the information under this section. (2) Tree and shrub seed supplied under a contractual agreeme…

§ 1504. Prohibitions. (a) No person can sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, or tree and shrub seeds within this State if any of the following apply to the seeds: (1) Unless otherwise specified under this chapter, if th…

§ 1505. Records. (a) Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this chapter shall keep all of the following: (1) Complete records of each lot handled, for 2 years. (2) A file sample of each lot of seed after final dispositi…

§ 1506. Exemptions. (a) Sections 1502 through 1504 of this title do not apply to any of the following: (1) To seed or grain not intended for sowing purposes. (2) To seed in storage in, or being transported, or consigned to a cleaning or processing establishment for cleaning or pr…

§ 1507. Duties and authority of the Department. (a) The Department shall administer and enforce this chapter and may do all of the following: (1) Sample, inspect, make analysis of, and test seeds subject to this chapter that are transported, sold, offered, or exposed for sale wit…

§ 1508. Seizure [Repealed].36 Del. Laws, c. 91, § 9; Code 1935, § 663; 44 Del. Laws, c. 66, §§ 1, 8; 3 Del. C. 1953, § 1507; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.;

§ 1509. Injunction without bond [Repealed].3 Del. C. 1953, § 1508; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.;

§ 1510. Violations and prosecutions. (a) A person who violates this chapter is subject to a civil penalty as follows: (1) For a first occurrence, a civil penalty in an amount that does not exceed $100. (2) For a subsequent occurrence, a civil penalty in an amount that does not ex…

§ 1511. Enforcing agency [Repealed].3 Del. C. 1953, § 1510; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; 81 Del. Laws, c. 36, § 1; repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.;

§ 1512. Delegation of duties [Repealed].3 Del. C. 1953, § 1511; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.;

§ 1601. Definitions. As used in this chapter: (1) “Department” means the State of Delaware Department of Agriculture and includes, but is not limited to, its officers, inspectors, employees, agents or representatives. (2) “Devices” means any grain moisture testing devices. (3) “G…

§ 1602. Registration and approval. (a) All grain moisture testing devices shall be registered with the Department, on forms supplied by the Department. The devices used in the buying of grain shall be required to pass such inspections, at any time, as the Department may determine…

§ 1603. Installation and operation. (a) The grain moisture testing devices shall be installed in such a manner that there will be no vibrations of indicating dials. Devices with moving parts shall be properly maintained, and kept free of dust and dirt. (b) All devices shall be op…

§ 1604. Licensed grain inspectors. (a) Any person engaged in the operation of a commercial grain elevator, grain warehouse or other grain storage facility shall only utilize licensed grain inspectors for all grain sampling and testing. (b) To obtain a grain inspector license appl…

§ 1605. Certification of commercial grain elevators, grain warehouses and other grain storage facilities. Every commercial grain elevator, grain warehouse or other grain storage facility shall be certified by the Department to meet minimum standards of performance. These standard…

§ 1606. Violations and penalties. Failure to comply with the provisions of this chapter shall result in the assessment of a civil penalty of not more than $10 for the first violation and not less than $25 nor more than $100 for each subsequent violation.3 Del. C. 1953, § 1605; 55…

§ 1607. Enforcement; administrative rules and regulations. The Department shall enforce this chapter, and prescribe and enforce administrative rules, regulations, definitions, penalties, fees and standards in accordance with the Administrative Procedures Act.3 Del. C. 1953, § 160…

§ 1611. Grain contracts of sale, discount rates and weight rates. (a) Subject to any contractual provision to the contrary and based upon whatever market the contracting parties agree to: (1) The discount rates for foreign material and moisture content may not be higher than the …

§ 1701. Title. This chapter shall be known as the “Delaware Commercial Feed Law of 2021.”3 Del. C. 1953, § 1701; 56 Del. Laws, c. 69; 83 Del. Laws, c. 98, § 1;

§ 1702. Enforcing agency. This chapter shall be administered by the Department of Agriculture of this State, hereinafter referred to as the “Department.”3 Del. C. 1953, § 1702; 56 Del. Laws, c. 69; 57 Del. Laws, c. 764, § 8; 83 Del. Laws, c. 98, § 1;