Title 3, Agriculture

§ 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 Nuisance Plant Committee [Repealed].74 Del. Laws, c. 364, § 1; repealed by 83 Del.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 Violations; penalties [Repealed].74 Del. Laws, c. 364, § 1; repealed by 83 Del.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 Settlement agreement [Repealed].74 Del. Laws, c. 364, § 1; repealed by 83 Del.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 Hearing procedure; appeals [Repealed].74 Del.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 Laws, c. 186, § 1; repealed by 83 Del.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 Regulations [Repealed].74 Del. Laws, c. 364, § 1; repealed by 83 Del.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…

§ 3101. Standard measure for milk or cream; sale by butterfat content. No milk, skim milk or cream shall be sold, offered for sale, or demanded from any wholesale or retail seller thereof, at any other standard of measurement than that known as the liquid or wine measure containi…

§ 3102. Unlawful sales of milk or cream; penalty. Whoever violates § 3101 of this title shall be fined not less than $25 nor more than $100, or imprisoned not less than 10 nor more than 30 days, or both.24 Del. Laws, c. 167; 25 Del. Laws, c. 149, § 2; Code 1915, § 2929; Code 1935…

§ 3103. Permit for receiving milk or cream; exceptions. Every creamery, shipping station, milk factory, cheese factory, ice cream factory, milk condensary or person receiving, buying and paying for milk or cream regardless of the method of settlement, shall be required to hold a …

§ 3104. Definition of condensed, evaporated and concentrated milk. For the purpose of this chapter, condensed, evaporated and concentrated milk is defined as the product resulting from the evaporation of a considerable portion of the water from the fresh clean lacteal secretion, …

§ 3105. Sale of condensed, evaporated or concentrated milk. No person, by himself or herself or by his or her agents, servants or employees, shall manufacture, sell or exchange or have in possession with intent to sell or exchange any condensed, evaporated or concentrated milk wh…

§ 3106. Sales of milk or cream under fictitious, coined, or trade names. No person, by himself or herself or by his or her agents, servants or employees, shall manufacture, sell or exchange or have in possession with intent to sell or exchange any milk, cream or skimmed milk whet…

§ 3107. Penalty for violating § 3104, 3105 or 3106. Whoever violates § 3104, 3105, or 3106 of this title shall be fined not less than $50 nor more than $100, or imprisoned not less than 30 nor more than 60 days, or both.33 Del. Laws, c. 52, § 4; Code 1935, § 650; 3 Del. C. 1953, …

§ 3108. Enforcement of chapter. (a) The Department of Agriculture shall enforce this chapter, and may make such proper rules and regulations as are necessary for such enforcement. (b) Nothing in subsection (a) of this section shall prevent any individual from prosecuting any pers…

§ 3109. Mastitis analysis of milk samples; appropriations; allocations. The sum of $9,000 shall be included in the general appropriation bill which is presented to each biennial General Assembly, and appropriated therein to the Department of Agriculture to defray the expenses of …

§ 3111. Babcock test requirement. No person or his or her agents or servants engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount or percentage of butterfat contained therein, shall take, collect or use for testing purpos…

§ 3112. Licensed tester. Every person or agent or servant thereof engaged in the business of receiving or buying milk or cream on the basis of, or in any way with reference to, the amount of butterfat contained therein, or on the basis of tests made for official inspection or pub…

§ 3113. Qualifications and duties of licensed tester; fee; renewal of license. For the purpose of this subchapter, a licensed tester is any person who, having furnished satisfactory evidence of good character and having passed a satisfactory examination in milk and cream testing …

§ 3114. Licensed weigher and sampler; qualifications and duties; fee; renewal of license. (a) Every person engaged in the business of buying milk or cream on the basis of, or in any way with reference to, the amount of butterfat contained therein or on the basis of tests made for…

§ 3115. Frequency of testing, holding, retesting and reporting. (a) Any person or milk plant or agent thereof in the State or out of the State engaged in the business of buying milk on the basis of percentage of butterfat contained therein shall make a test of the milk at least o…

§ 3116. Percentage of fat used as basis of payment. No percentage of fat ascertained from a sample containing milk or cream that has been so treated as to cause it to test lower or higher than the test of the milk or cream from which it was taken shall be used as a basis of payme…

§ 3117. Approved weight or measure or butterfat test as basis of payment. (a) No person purchasing or selling milk or cream or both by weight or measure or butterfat test, and no agent or servant of any such person, shall use as a basis of payment for such purchase any weight or …

§ 3118. Butterfat statement given producers; contents. (a) Every person or agent or servant thereof purchasing or receiving milk or cream from the producer thereof for manufacturing purposes or for reselling the same shall, at each time of payment to the producer for milk or crea…

§ 3119. Authority to enter premises and examine books, records and testing apparatus. The Department of Agriculture or its agents may enter the premises and examine the books, the records and testing apparatus of any person, for the purpose of carrying out this subchapter.32 Del.…

§ 3120. Violations and penalties. (a) Whoever violates this subchapter, except § 3111 of this title, shall be fined not less than $10 nor more than $50, or imprisoned not less than 10 nor more than 30 days, or both. (b) Whoever violates § 3111 of this title shall be fined not les…

§ 3121. Persons responsible for violations. For violation of any of this subchapter proceedings may be instituted against the owner or manager who is responsible for the business transacted, together with the certified tester or the person weighing and sampling, and either or all…

§ 3122. Payment of fines and other money; disposition. All fines and penalties received for violations of this subchapter and all moneys received in compliance with this subchapter shall be paid to the Department of Agriculture or its agents and shall thereafter be paid into the …

§ 3123. Purchase of milk or cream by state institutions. Whenever a state institution purchases milk or cream pursuant to competitive bids based on the butterfat contents of the milk or cream supplied or to be supplied pursuant to such bid or bids, the tests to determine the butt…

§ 3131. Approved testing glassware and utensils. No person purchasing milk or cream and paying for the same on the basis of the percentage of butterfat contained therein shall, if the percentage of butterfat is ascertained by the “Babcock test,” use any test glassware except stan…

§ 3132. Specifications for standard Babcock testing glassware. The term “standard Babcock testing glassware” applies to glassware and weights complying with the following specifications: (1) Standard milk test bottles. — Graduation. — The total per centum graduation shall be 8. T…

§ 3133. Inspection and marking of Babcock test bottles. (a) Every person, or agent thereof, engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount of percentage of butterfat contained therein, as determined by the “Babcock …

§ 3134. Violations and penalties. Whoever violates this subchapter shall be fined not less than $10 nor more than $50, and shall pay the costs of prosecution.32 Del. Laws, c. 37, § 3; Code 1935, § 646; 3 Del. C. 1953, § 3134;

§ 3141. Registration of markings on containers. (a) Any person engaged in manufacturing, bottling or selling milk, cream or other dairy products in bottles, boxes, tins, cans or other receptacles or containers, with such person’s name or names or other mark or marks, or device or…

§ 3142. Use of registered containers. (a) No person shall fill with milk, cream or other dairy products, or other beverages, oils, compounds or mixtures, any bottles, boxes, tins, cans or other receptacles or containers, marked or distinguished by or with any name, mark or device…

§ 3143. Deposits on containers. The requiring, taking, or accepting of any deposit upon the delivery of any bottle, box, tin, can or other receptacles or containers, the name, mark, or device upon which has been filed and published as provided for in this subchapter, shall not co…

§ 3144. Confiscation by owner of unlawfully used containers. The owner or proprietor, or his or her or its agent or agents, may take possession of any bottles, boxes, tins, cans, or other receptacles or containers, used in violation of this subchapter, whether the receptacles or …