Title 3, Agriculture

§§ 3149, 3150. Jurisdiction of offenses; appeals; bond; time for taking [Transferred]. Transferred.

§ 3161. Requirement of bond; amount. (a) No milk dealer or handler shall purchase, acquire or receive on consignment or otherwise milk from producers unless the milk dealer or handler has filed with the Department of Agriculture a corporate surety, individual surety, or collatera…

§ 3162. Computation of amount; milk from another state. Milk purchased, acquired or received by a milk dealer or handler from producers outside the State and sold or distributed by such dealers or handlers as fluid milk within the State, shall be included in computing the amount …

§ 3163. Filing by dealer not engaged in business during preceding year. A milk dealer or handler purchasing or acquiring or receiving or intending to purchase, acquire or receive milk from producers, but not so engaged during any month of the preceding calendar year, shall file a…

§ 3164. Time of filing; period effective. (a) The bond required in this subchapter shall be filed with the dealer’s or handler’s application for a license, and shall be filed within the time for filing such application. (b) The bond shall become effective upon its being filed wit…

§ 3165. Surety requirements. (a) A corporate surety bond shall be executed to the State by the milk dealer, as principal, and by a corporate surety company. The Department of Agriculture shall have no power to reject any corporate surety bond which is so executed by a corporate s…

§ 3166. Substitutions. The Department of Agriculture may grant to any milk dealer or handler the authority to substitute for any bond, surety or any collateral, another bond, surety or other collateral, provided that such other bond, surety, or collateral meets all the requiremen…

§ 3167. Financial statement; acceptance in lieu of surety. (a) A milk dealer or handler shall, from time to time, when required by the Department of Agriculture, make and file with such Department a verified statement of his or her disbursements, or of any other facts in connecti…

§ 3168. Increase of bond. If it appears from the dealer’s or handler’s financial statement, or from facts otherwise ascertained by the Department of Agriculture, that the bond afforded to producers selling, supplying or making available on consignment or otherwise milk to such mi…

§ 3169. Decrease in bond. The Department of Agriculture may grant a reduction of the bond or the collateral, or release an additional surety, if it appears that owing to a decrease in the milk purchased, received or handled by the dealer or handler, or to other causes, a bond in …

§ 3170. Bonds, collateral, etc., deposited with State Treasurer. All bonds, together with any moneys, or securities given as collateral therefor, received by the Department of Agriculture from milk dealers pursuant to the provisions of this subchapter, shall be transmitted by the…

§ 3171. Income from collateral. The milk dealer or handler shall be entitled to all moneys received by the State Treasurer as interest or dividends upon any security or securities deposited by such milk dealer or handler with the Department of Agriculture and transmitted by the D…

§ 3172. Suit upon bond. The Department of Agriculture may sue on the bond on behalf of producers. Suit may be brought in the name of the State upon relation of the Department of Agriculture or of the Attorney General, in such manner as debts are by law recoverable.Code 1935, § 65…

§ 3173. Order of Department of Agriculture. If, by valid formal order refusing, suspending or revoking a license, after hearing with due notice to all those liable on the bond, the Department of Agriculture has found a milk dealer or handler to be indebted thereunder, such order …

§ 3174. Distribution of proceeds of bond or collateral. The Department of Agriculture shall prescribe the procedure for the payment, out of the proceeds of any bond or collateral required by this subchapter, of the amounts found due to producers or handlers or dealers, based on s…

§ 3175. Statement of purpose [For application of this section, see 84 Del. Laws, c. 434, § 4]. This subchapter establishes the permitting, testing, and inspection requirements applicable to the sale and distribution of fresh milk, raw milk, and products derived from raw milk that…

§ 3176. Definitions [For application of this section, see 84 Del. Laws, c. 434, § 4]. For purposes of this subchapter: (1) “Consumer” means an individual who purchases or acquires fresh milk from a producer, or who purchases or acquires raw milk or a product derived from raw milk…

§ 3177. Labeling of fresh and raw milk [For application of this section, see 84 Del. Laws, c. 434, § 4]. (a) A container of milk may be labeled as “fresh” only if the milk has not been dehydrated, rehydrated, or reconstituted in whole or in part and does not contain caseins, case…

§ 3178. Raw milk permit [For application of this section, see 84 Del. Laws, c. 434, § 4]. (a) The Department shall establish a raw milk permit. A raw milk permit allows a raw milk permit holder to sell or distribute raw milk or products derived from raw milk directly to a consume…

§ 3179. Actions authorized and required by a raw milk permit [For application of this section, see 84 Del. Laws, c. 434, § 4]. (a) It is unlawful for raw milk or products derived from raw milk to be sold or distributed in this State other than by a raw milk permit holder or by an…

§ 3180. Penalty [For application of this section, see 84 Del. Laws, c. 434, § 4]. Whoever violates this subchapter shall be assessed a civil penalty of $1,000 per instance.76 Del. Laws, c. 333; 84 Del. Laws, c. 434, § 1;

§ 3181. Regulatory authority and enforcement [For application of this section, see 84 Del. Laws, c. 434, § 4]. The Department, in consultation with the Department of Health and Social Services, shall adopt regulations to administer and enforce this subchapter. The Department will…

§§ 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…

§ 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…

§ 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…

§ 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.…

§ 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…

§ 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…

§ 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…

§ 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.…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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;…

§ 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 …

§ 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, …

§ 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…

§ 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…

§ 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;