Title 3 — Agriculture
54 chapters · 326 sections in this title.
3 Del. C. § 7511. Inspection of queen-rearing apiaries.
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§ 7511. Inspection of queen-rearing apiaries. Every person rearing queen bees in the State for gift or sale shall have such person’s queen-rearing apiaries inspected at least once each year by the State Apiarist or inspector and on the discovery of any bee disease, mite infestati…
3 Del. C. § 7512. Violations and penalties.
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§ 7512. Violations and penalties. Whoever violates this chapter or any order or quarantine regulation issued hereunder, or interferes in any way with the duly-appointed representatives of the Department of Agriculture in the discharge of the duties specified in this chapter shall…
3 Del. C. § 7513. Importation of queens, combless packages or nucleus colonies.
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§ 7513. Importation of queens, combless packages or nucleus colonies. (a) A person may not ship or transport into this State any queen bee, combless package of bees or nucleus colony of bees unless it is accompanied by a valid inspection certificate issued by an authorized inspec…
3 Del. C. § 7601. Declaration of purpose.
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§ 7601. Declaration of purpose. The purpose of this chapter is to provide for the registration of livestock dealers to enable the Department to trace the movement of livestock for the purpose of controlling or eradicating serious livestock diseases. This chapter establishes the D…
3 Del. C. § 7602. Definitions.
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§ 7602. Definitions. For the purpose of this chapter, unless the context otherwise requires: (1) “Department” means the State Department of Agriculture. (2) “Secretary” means the Secretary of the State Department of Agriculture or the Secretary’s designee. (3) “Person” means any …
3 Del. C. § 7603. License required; fee.
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§ 7603. License required; fee. Any person desiring to engage in the business of a livestock dealer, subject to this chapter, shall obtain a license from the Department. Every application for a license shall be submitted to the Department on forms obtained from the Department with…
3 Del. C. § 7604. Exemption from license.
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§ 7604. Exemption from license. Those livestock markets and their owners and officers which are approved and are classified as state-federal approved livestock markets are exempt from this chapter. Exempt companies are expected to abide by the codes of federal regulations applyin…
3 Del. C. § 7605. Revocation of license; right of appeal.
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§ 7605. Revocation of license; right of appeal. (a) The Department of Agriculture may revoke the license of any person for the violation of any of the provisions of this chapter or of any rule or regulation which may be prescribed by the Department. Notice of revocation shall be …
3 Del. C. § 7606. Rules and regulations.
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§ 7606. Rules and regulations. The Department of Agriculture, after conducting public hearings on any proposed rules or regulations, may make such rules and regulations as it deems advisable to aid in carrying out the purposes of this chapter and relative to the enforcement there…
3 Del. C. § 7607. Violations.
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§ 7607. Violations. Whoever violates any provisions of the chapter or any rules or regulations promulgated hereunder shall be guilty of a class C misdemeanor. The Superior Court shall have jurisdiction over all offenses under this chapter.63 Del. Laws, c. 392, § 1;
3 Del. C. § 7700. Definitions
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§ 7700. Definitions As used in this chapter: (1) “Agent of the department” means a person who acts on behalf of the Department to carry out its activities. (2) “At large” means livestock that strays from confinement or restraint and from the property of the owner including livest…
3 Del. C. § 7701. Permitting livestock to run at large; civil penalty.
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§ 7701. Permitting livestock to run at large; civil penalty. (a) It is unlawful to allow livestock to run at large on the public highways or on unenclosed lands within the State. (b) The Secretary of Agriculture may impose a civil penalty of not less than $50 or more than $500 fo…
3 Del. C. § 7702. Taking up and impounding livestock at large.
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§ 7702. Taking up and impounding livestock at large. (a) Any person or agent of the Department may take up any livestock found running at large, upon the public highways, or on unenclosed lands within this State and impound the same. Such person or agent of the Department may dem…
3 Del. C. § 7703. Damage by livestock at large.
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§ 7703. Damage by livestock at large. (a) Upon the application of any person, or the person’s agent, sustaining any damage by reason of the livestock running at large contrary to this chapter, the person or person’s agent may seek restitution from a Justice of the Peace Court or …
3 Del. C. § 7704. Livestock disposition.
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§ 7704. Livestock disposition. (a) If the livestock is not claimed and all legal charges satisfied in accordance with this chapter within 7 days, the person having the livestock in charge shall have the option to turn over ownership for adoption or advertise the livestock to be s…
3 Del. C. § 7705. Exceptions.
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§ 7705. Exceptions. This chapter shall not apply to livestock in the care of a drover using due diligence in the control thereof, or to livestock which accidentally escapes from the care of the drover. Proof of these circumstances shall always be admitted so that no injustice to …
3 Del. C. § 7706. Accidental escape of livestock; liability of owners.
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§ 7706. Accidental escape of livestock; liability of owners. An owner, or other person in charge of livestock, who receives 25% or more of the person’s annual gross income from the sale of agricultural products or the resale of animals grown, raised, or produced for food, fiber, …
3 Del. C. § 7707. Enforcement; disposition of civil penalties.
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§ 7707. Enforcement; disposition of civil penalties. The Department has the authority for administering and enforcing this chapter and may promulgate regulations to administer and enforce this chapter. The Delaware State Police, local police officers of the community in which the…
3 Del. C. § 7708. [Reserved.]
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§ 7708. [Reserved.]
3 Del. C. § 7901. Delaware Society for the Prevention of Cruelty to Animals [Repealed].
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§ 7901. Delaware Society for the Prevention of Cruelty to Animals [Repealed].Code 1935, § 2556; 49 Del. Laws, c. 256, § 1; 77 Del. Laws, c. 118, §§ 1, 2; 78 Del. Laws, c. 282, § 1; repealed by 80 Del. Laws, c. 200, § 1, effective Feb. 3, 2016.;
3 Del. C. § 7902. Enforcement of laws for protection of animals [Repealed].
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§ 7902. Enforcement of laws for protection of animals [Repealed].14 Del. Laws, c. 477, § 6; Code 1915, § 2237; Code 1935, § 2561; 3 Del. C. 1953, § 7904; 60 Del. Laws, c. 209, § 2; 70 Del. Laws, c. 283, § 11; 78 Del. Laws, c. 266, § 9; repealed by 80 Del. Laws, c. 200, § 1, effec…
3 Del. C. § 7903. Fines and penalties in certain cases; disposition [Repealed].
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§ 7903. Fines and penalties in certain cases; disposition [Repealed].16 Del. Laws, c. 382, § 3; Code 1915, § 2239; Code 1935, § 2563; 3 Del. C. 1953, § 7905; 60 Del. Laws, c. 209, §§ 3, 4; 70 Del. Laws, c. 283, § 11; repealed by 80 Del. Laws, c. 200, § 1, effective Feb. 3, 2016.;
3 Del. C. § 7904. Service of process [Repealed].
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§ 7904. Service of process [Repealed].18 Del. Laws, c. 246; Code 1915, § 2249; Code 1935, § 2573; 3 Del. C. 1953, § 7906; 60 Del. Laws, c. 209, §§ 5, 6; 70 Del. Laws, c. 283, § 11; 77 Del. Laws, c. 393, § 1; repealed by 80 Del. Laws, c. 200, § 1, effective Feb. 3, 2016.;
3 Del. C. § 7905. Impoundment [Repealed].
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§ 7905. Impoundment [Repealed].63 Del. Laws, c. 104, § 1; 70 Del. Laws, c. 283, § 11; 73 Del. Laws, c. 238, §§ 6-8; 79 Del. Laws, c. 374, § 1; repealed by 80 Del. Laws, c. 200, § 1, effective Feb. 3, 2016.;
3 Del. C. § 7906 , 7907. [Reserved.]
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§§ 7906, 7907. [Reserved.]
3 Del. C. § 8001. Definitions.
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§ 8001. Definitions. Transferred to § 3001F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 8002. Shelter care and treatment.
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§ 8002. Shelter care and treatment. Transferred to § 3002F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 8003. Animal adoption, recovery, and rehabilitation.
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§ 8003. Animal adoption, recovery, and rehabilitation. Transferred to § 3003F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 8004. Euthanasia in animal shelters.
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§ 8004. Euthanasia in animal shelters. Transferred to § 3004F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 8005. Proper facilities required.
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§ 8005. Proper facilities required. Transferred to § 3005F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 8006. Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court.
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§ 8006. Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court. Transferred to § 3006F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 8007. Record keeping and reporting.
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§ 8007. Record keeping and reporting. Transferred to § 3007F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.
3 Del. C. § 8101. Inspection of exotic avian species; name of seller; bills of sale.
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§ 8101. Inspection of exotic avian species; name of seller; bills of sale. The Department of Agriculture or its duly authorized agent may enter and inspect any premises where exotic avian species are kept or harbored, for the purpose of examining such birds in any way that is dee…
3 Del. C. § 8102. Death losses exceeding 10 percent.
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§ 8102. Death losses exceeding 10 percent. Any person who is the owner or custodian of exotic avian species shall notify the Department of Agriculture of any death losses which exceed 10 percent of the total number of such birds on the premises or of a single shipment of such bir…
3 Del. C. § 8103. Quarantine orders.
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§ 8103. Quarantine orders. If any exotic avian species or group thereof after being examined by the Department of Agriculture is found to be infected with or to have been exposed to a contagious or infectious disease capable of affecting poultry, the Department may place the prem…
3 Del. C. § 8104. Destruction of exotic avian species.
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§ 8104. Destruction of exotic avian species. The Department of Agriculture is empowered to condemn and destroy any exotic avian species which is infected with a contagious or infectious disease capable of affecting poultry or has been exposed to such disease, whenever such destru…
3 Del. C. § 8105. Rules and regulations.
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§ 8105. Rules and regulations. The Department of Agriculture may establish such rules and regulations as it deems necessary to carry out the purposes of this chapter.60 Del. Laws, c. 244, § 2;
3 Del. C. § 8106. Penalties.
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§ 8106. Penalties. Any person who violates this chapter or any regulation established by the Department of Agriculture under this chapter shall be fined not less than $100 nor more than $1,000.60 Del. Laws, c. 244, § 2;
3 Del. C. § 8701. Short title.
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§ 8701. Short title. This chapter may be cited as the “Meat and Poultry Products Inspection Act.”3 Del. C. 1953, § 8701; 57 Del. Laws, c. 500, § 1;
3 Del. C. § 8702. Enforcing agency.
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§ 8702. Enforcing agency. This chapter shall be administered by the State Department of Agriculture hereafter referred to as the “Department.”3 Del. C. 1953, § 8702; 57 Del. Laws, c. 500, § 1;
3 Del. C. § 8703. Definitions.
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§ 8703. Definitions. When used in this chapter: (1) “Secretary” means the Secretary of Agriculture or the Secretary’s delegate. (2) “Person” includes any individual, partnership, corporation, association, or other business unit, and any officer, agent or employee thereof. (3) “Br…
3 Del. C. § 8704. Adulterated products.
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§ 8704. Adulterated products. “Adulterated” shall apply to any livestock product or poultry product under 1 or more of the following circumstances: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substanc…
3 Del. C. § 8705. Misbranded products.
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§ 8705. Misbranded products. “Misbranded” shall apply to any livestock product or poultry product under 1 or more of the following circumstances: (1) If its labeling is false or misleading in any particular; (2) If it is offered for sale under the name of another food; (3) If it …
3 Del. C. § 8706. Purpose.
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§ 8706. Purpose. It is the objective of this chapter to provide for meat, poultry, and egg products inspection programs and for the humane slaughter of livestock that will impose and enforce requirements with respect to intrastate operations and commerce that are least equal to t…
3 Del. C. § 8707. Powers of Secretary.
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§ 8707. Powers of Secretary. In order to accomplish the objective stated in § 8706 of this title, the Secretary shall: (1) By regulations require antemortem and postmortem inspections, quarantine, segregation and reinspection with respect to the slaughter of livestock and poultry…
3 Del. C. § 8708. Additional powers of Secretary.
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§ 8708. Additional powers of Secretary. In order to accomplish the objective stated in § 8706 of this title the Secretary may: (1) Remove inspectors from any establishment that fails to destroy condemned products as required under § 8707(2) of this title; (2) Refuse to provide in…
3 Del. C. § 8709. Licenses.
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§ 8709. Licenses. Every person who owns or operates an official establishment or other facility subject to this chapter shall obtain a license for such establishment or facility. Every application for a license shall be submitted to the department on forms obtained from the depar…
3 Del. C. § 8710. Prohibited acts.
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§ 8710. Prohibited acts. (a) No person shall, with respect to any livestock or poultry or any livestock products or poultry products: (1) Slaughter any such animals or prepare any such articles which are capable of use as human food, at any establishment preparing such articles s…
3 Del. C. § 8711. Additional prohibited acts.
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§ 8711. Additional prohibited acts. (a) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certif…
3 Del. C. § 8712. Offenses.
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§ 8712. Offenses. (a) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules, or other equines or parts of such carcasses, or the meat or meat food products thereof, unless they are …