Title 3 — Agriculture
54 chapters · 326 sections in this title.
3 Del. C. § 3505. Advertising of eggs.
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§ 3505. Advertising of eggs. Advertising of eggs by the roadside, or by newspaper, magazine, handbills, radio, television, window signs, store displays or in any manner, shall include quality and size designations if the price is shown or stated. Such quality and size designation…
3 Del. C. § 3506. Limitation in use of descriptive terms.
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§ 3506. Limitation in use of descriptive terms. It shall be unlawful for any person to use such descriptive terms as fresh, new laid, hennery, direct from farm, farm fresh, best, number one, fancy, special, extra, select, or any other words, figures or symbols which imply or modi…
3 Del. C. § 3507. Invoice requirements.
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§ 3507. Invoice requirements. Every person selling eggs to retailers, restaurants, hotels, public and private eating places and institutions shall furnish a dated invoice showing the exact size and quality of such eggs, or they shall be invoiced as “UNCLASSIFIED.”43 Del. Laws, c.…
3 Del. C. § 3508. Sanitation and related matters.
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§ 3508. Sanitation and related matters. (a) Any person assembling, transporting, marketing, or processing graded eggs for marketing shall keep the eggs at a temperature in accordance with United States Department of Agriculture temperature requirements. In addition, any container…
3 Del. C. § 3509. Sale of eggs unfit for human consumption.
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§ 3509. Sale of eggs unfit for human consumption. No person shall offer for sale, sell, trade or otherwise exchange eggs for human consumption which are classified inedible or loss eggs as defined by the United States Department of Agriculture rules and regulations on eggs.43 Del…
3 Del. C. § 3510. Exemptions.
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§ 3510. Exemptions. (a) Producers are exempt from §§ 3503 and 3504 of this title if they sell eggs produced by their own flocks, provided such eggs are not sold at an established place of business detached from the premises of their production and provided they are not advertised…
3 Del. C. § 3511. Enforcement.
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§ 3511. Enforcement. This chapter, together with the rules and regulations as promulgated by the Department of Agriculture, shall be enforced by the Department or its authorized agents. Any additional rules and regulations shall be determined by a public hearing after due notice.…
3 Del. C. § 3512. Power of enforcement officers.
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§ 3512. Power of enforcement officers. In order to carry out this chapter, the Department of Agriculture, or its representatives, may enter, during the usual hours of business, any warehouse, store, building, market, carrier or vehicle at, in or from which eggs are sold, offered …
3 Del. C. § 3513. Violations and penalties.
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§ 3513. Violations and penalties. Whoever violates this chapter, or wilfully interferes with the Department of Agriculture or its duly authorized agents in the performance of its or their duties, shall be fined not less than $25 nor more than $100 for every such violation. Justic…
3 Del. C. § 6301. Powers and duties of Department.
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§ 6301. Powers and duties of Department. The Department may execute contracts for the preparation, publication and dissemination of information for the promotion of the poultry industry in the State. The Department may also undertake studies on disease control, regulatory activit…
3 Del. C. § 6302. Inspection and certification of poultry flocks and hatcheries; rules and regulations.
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§ 6302. Inspection and certification of poultry flocks and hatcheries; rules and regulations. For the encouragement of the breeding of better poultry in this State and for the improvement in the quality of chicks from the hatcheries of the State, the Department of Agriculture may…
3 Del. C. § 6303. Revocation of certification.
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§ 6303. Revocation of certification. The Department of Agriculture may revoke certificates issued in accordance with § 6302 of this title when the rules, regulations and requirements made for flocks of poultry and hatcheries are not complied with by the owners of such flocks and …
3 Del. C. § 6304. Violations of certification; penalties; jurisdiction.
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§ 6304. Violations of certification; penalties; jurisdiction. (a) Whoever sells, or advertises for sale, chicks, eggs or poultry of the kind specified in § 6302 of this title, or advertises in any way that such person’s flock or hatchery is under state supervision without the aut…
3 Del. C. § 6305. Cooperation with United States Department of Agriculture.
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§ 6305. Cooperation with United States Department of Agriculture. The Department of Agriculture may cooperate with the United States Department of Agriculture in the administration of the National Poultry Improvement Plan or the National Turkey Improvement Plan.Code 1935, § 627A;…
3 Del. C. § 6306. Vaccination personnel; sanitary requirements.
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§ 6306. Vaccination personnel; sanitary requirements. (a) No person engaged in performing vaccination work on poultry shall enter into or upon any poultry yard, poultry house or poultry premises to vaccinate any poultry for the diseases commonly called New Castle, chicken pox or …
3 Del. C. § 6307. Rules and regulations pertaining to vaccination of poultry.
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§ 6307. Rules and regulations pertaining to vaccination of poultry. The Department of Agriculture shall establish rules and regulations respecting the vaccination of poultry which are necessary to carry out the purposes of this chapter.Code 1935, § 609A(2); 47 Del. Laws, c. 273, …
3 Del. C. § 6308. Violation of vaccination requirements; penalties.
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§ 6308. Violation of vaccination requirements; penalties. Whoever violates § 6306 of this title, or any of the regulations established by the Department of Agriculture under § 6307 of this title, shall, for each offense, be fined not less than $10 nor more than $100, or imprisone…
3 Del. C. § 6701. Definitions.
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§ 6701. Definitions. (a) “Department” means Department of Agriculture. (b) “Person” includes individual, partnership, corporation, cooperative or association. (c) “Distribute” means offer to sale, sell, barter or otherwise supply biologicals. (d) “Biological product” means living…
3 Del. C. § 6702. Application of chapter.
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§ 6702. Application of chapter. This chapter shall apply to the use of all biological products to be used for the prevention, suppression or treatment of disease in animals, other than humans, or poultry kept or housed within the confines of this State.63 Del. Laws, c. 277, § 1;
3 Del. C. § 6703. Requirements.
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§ 6703. Requirements. (a) Each biological product, before being shipped into this State, must comply strictly with the provisions set forth by the United States Department of Agriculture’s Veterinary Biologics Division on safety, potency and efficacy. The product manufacturer mus…
3 Del. C. § 6704. Refusal of permission to distribute; exemptions.
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§ 6704. Refusal of permission to distribute; exemptions. (a) If in the opinion of the State Veterinarian the best interest of the animal, other than humans, or poultry population of the State would be served or for reason of proper diagnosis that a biological product duly license…
3 Del. C. § 6705. Penalties; jurisdiction.
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§ 6705. Penalties; jurisdiction. Any person who knowingly buys, receives or uses any biological product intended for use in animals, other than humans, or poultry that does not have U.S.D.A. approval or a written statement of exemption from the State Veterinarian shall be fined n…
3 Del. C. § 7101. Duties and powers of Department of Agriculture; construction with Chapter 63.
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§ 7101. Duties and powers of Department of Agriculture; construction with Chapter 63. (a) The Department of Agriculture shall protect the health of the domestic animals of the State, and determine and employ the most efficient and practical means for the detection, prevention, su…
3 Del. C. § 7102. Assistants or agents; supplies; oaths of appraisers; examinations.
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§ 7102. Assistants or agents; supplies; oaths of appraisers; examinations. (a) The Department of Agriculture may appoint and employ such assistants and agents, and may purchase such supplies and materials as are necessary in carrying out this chapter and Chapter 73 of this title.…
3 Del. C. § 7103. Administration of hog-cholera vaccine.
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§ 7103. Administration of hog-cholera vaccine. No person shall buy, sell or administer any modified live virus hog-cholera vaccine in this State.3 Del. C. 1953, § 7103; 57 Del. Laws, c. 689, § 1; 57 Del. Laws, c. 764, § 24;
3 Del. C. § 7104. Entry on premises for examination.
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§ 7104. Entry on premises for examination. (a) The Department of Agriculture or any member thereof, or any of their duly authorized agents, may enter any premises, farms, fields or pens, where any domestic animals are at the time quartered, for the purpose of examining them in an…
3 Del. C. § 7105. Violations; penalties.
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§ 7105. Violations; penalties. Whoever wilfully violates this chapter or Chapter 73 of this title, or any regulations of the Department of Agriculture, or wilfully interferes with officers appointed under said chapters, shall, if no other penalty is provided by law, be fined not …
3 Del. C. § 7106. Expenses.
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§ 7106. Expenses. All necessary expenses of the Department of Agriculture under this chapter and Chapter 73 of this title shall, upon approval in writing by the Governor, be paid by the State Treasurer.25 Del. Laws, c. 48; 26 Del. Laws, c. 78, § 7; Code 1915, § 689; Code 1935, § …
3 Del. C. § 7107. Compensation for animals condemned and killed.
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§ 7107. Compensation for animals condemned and killed. (a) Except as otherwise provided in Chapter 73 of this title, when it is deemed necessary to condemn and kill any animal or animals to prevent the further spread of disease, and an agreement cannot be made with the owners for…
3 Del. C. § 7108. Feeding of garbage to hogs prohibited; exception; penalty.
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§ 7108. Feeding of garbage to hogs prohibited; exception; penalty. (a) No person shall feed garbage to hogs in this State except as provided in subsection (c) of this section. (b) For the purposes of this section “garbage” means putrescible animal and vegetable waste resulting fr…
3 Del. C. § 7201. Possession; permit required.
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§ 7201. Possession; permit required. No person shall bring into this State, possess, sell or exhibit any live wild mammal or hybrid of a wild mammal or live reptile not native to or generally found in Delaware without first securing a permit under this chapter. The Department of …
3 Del. C. § 7202. Permit; rules and regulations; exemptions.
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§ 7202. Permit; rules and regulations; exemptions. The Department of Agriculture shall enforce this chapter and may issue a permit where the possession or exhibition of a live wild mammal or hybrid of a wild mammal or live reptile will be in the public interest, and may promulgat…
3 Del. C. § 7203. Penalties.
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§ 7203. Penalties. Whoever violates this chapter shall for each offense be fined not more than $500, imprisoned not more than 30 days, or both. Justices of the peace shall have jurisdiction over offenses under this chapter.3 Del. C. 1953, § 7203; 57 Del. Laws, c. 553.;
3 Del. C. § 7401. Definitions.
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§ 7401. Definitions. For the purpose of this chapter, unless the context otherwise requires: (1) “Department” means the Department of Agriculture. (2) “Person” includes veterinary practitioner, racetrack official, racing commission official, private horse owner, trainer, jockey o…
3 Del. C. § 7402. Equine Infectious Anemia suspected; notification.
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§ 7402. Equine Infectious Anemia suspected; notification. Any person who knows or suspects that a case of Equine Infectious Anemia may exist in an equine shall immediately notify the Department and shall supply the Department with: (1) The name of the equine, if known; (2) Its pr…
3 Del. C. § 7403. Rules and regulations; quarantine orders.
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§ 7403. Rules and regulations; quarantine orders. (a) For the proper enforcement of this chapter, the Department may make and enforce orders, rules and regulations for the control and eradication of Equine Infectious Anemia. (b) Any equine suspected of having Equine Infectious An…
3 Del. C. § 7404. Diagnosis and testing; expense.
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§ 7404. Diagnosis and testing; expense. The testing and diagnosis of any equine suspected of having Equine Infectious Anemia shall be by the standard “agar gel immunodiffusion test” or by such other procedures as prescribed by the Department, and the cost thereof borne by the own…
3 Del. C. § 7405. Destruction of condemned equines.
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§ 7405. Destruction of condemned equines. Any equine determined incurable and condemned for Equine Infectious Anemia shall be destroyed upon the direction of the Department or its duly appointed agent.3 Del. C. 1953, § 7405; 57 Del. Laws, c. 725, § 1;
3 Del. C. § 7406. Payment for equines condemned.
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§ 7406. Payment for equines condemned. The Department may pay out of the funds appropriated by the General Assembly of this State a sum up to $1,000 for any equine, whose owner is a resident of this State, ordered destroyed, provided that the owner has submitted a claim for indem…
3 Del. C. § 7407. Violations and penalties.
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§ 7407. Violations and penalties. Whoever fails to report an equine, knowing or suspecting the same to be infected with Equine Infectious Anemia, or who knowingly moves a suspected or positively diagnosed equine from one premise to another, or who fails to keep such equine under …
3 Del. C. § 7501. Definitions.
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§ 7501. Definitions. As used in this chapter: (1) “Africanized bee” means Apis mellifera scutellata or Apis mellifera adansonii or other exotic species. (2) “Apiary” means any place where one or more colonies of honey bees are kept. (3) “Appliances” means any apparatus, tools, ma…
3 Del. C. § 7502. State Apiarist and inspectors; appointment, duties and powers.
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§ 7502. State Apiarist and inspectors; appointment, duties and powers. (a) The Department of Agriculture shall appoint a competent State Apiarist, who shall have adequate experience in practical beekeeping, and who shall work under the supervision of the Department. (b) The State…
3 Del. C. § 7503. Inspection; quarantine; destruction of bees; appeal.
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§ 7503. Inspection; quarantine; destruction of bees; appeal. For the enforcement of this chapter, the Department of Agriculture, the State Apiarist and the state bee inspectors may enter upon any public or private premises, and shall have access, ingress and egress to and from al…
3 Del. C. § 7504. Registration of bees with State Apiarist.
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§ 7504. Registration of bees with State Apiarist. (a) All persons keeping bees in the State or moving bees into the State shall annually register any and all of their colonies and apiary locations with the Department on forms supplied by the Department on or before January 30 of …
3 Del. C. § 7505. Structure of hives.
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§ 7505. Structure of hives. All persons keeping bees in this State shall provide movable frames in all hives used by them, and cause the bees in such hives to construct all combs in such frames so that such frames may be removed from the hive without injuring other combs in the h…
3 Del. C. § 7506. Exposure of diseased, infested or infected bees or equipment; notice.
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§ 7506. Exposure of diseased, infested or infected bees or equipment; notice. (a) No person in this State shall expose any diseased, mite infestation, exotic mite or Africanized honey bee, or any infected or infested hives, equipment or appliances so that flying bees may have acc…
3 Del. C. § 7507. False information; interference with Apiarist or inspectors.
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§ 7507. False information; interference with Apiarist or inspectors. No person shall give false information in any matter pertaining to this chapter, or hinder or resist the State Apiarist or the inspector in the discharge of his or her duties.46 Del. Laws, c. 111, § 6; 3 Del. C.…
3 Del. C. § 7508. Precautions against spread of disease.
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§ 7508. Precautions against spread of disease. After inspection of infected bees, equipment or appliances, the State Apiarist or inspector shall take such measures as shall prevent the spread of the disease by infected material adhering to the State Apiarist's or inspector's pers…
3 Del. C. § 7509. Movement of bees, equipment or appliances from infected apiary.
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§ 7509. Movement of bees, equipment or appliances from infected apiary. No person shall sell, barter or give away, accept, receive or transport any bees, equipment or appliances from an apiary known to be affected with a bee disease, mite infestation, exotic mite or Africanized h…
3 Del. C. § 7510. Importation of bees or used bee equipment or appliances.
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§ 7510. Importation of bees or used bee equipment or appliances. (a) No person shall ship or transport any colony of bees, or used beekeeping equipment into the State that is not accompanied by an entry permit issued by the Department. (b) Before a person may ship or transport in…