Title 3, Agriculture

§ 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.…

§ 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;

§ 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…

§ 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 …

§ 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, § …

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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.;

§ 7301. Importation of cattle. (a) The importation of dairy cows and other cattle for breeding purposes into the State is prohibited, excepting when such cattle are accompanied by a certificate from an inspector, whose competency and reliability are certified to by the authoritie…

§ 7302. Enforcement of importation requirements; rules and regulations. The Department of Agriculture shall enforce § 7301 of this title, and may make such rules and regulations as are necessary and proper for enforcement.25 Del. Laws, c. 122, § 4; Code 1915, § 691; Code 1935, § …

§ 7303. Violations of importation requirements; penalties; jurisdiction. (a) Whoever violates § 7301 of this title shall, for each offense, be fined not more than $100 or imprisoned not more than 30 days, or both. (b) Prosecutions under this section shall be brought in the proper…

§ 7304. Importation of Texas or Cherokee cattle; penalty. No person shall bring or have brought into the State any Texas or Cherokee cattle, except for the purpose of slaughtering. All such cattle shall be taken directly from the cars on which they are transported to the abattoir…

§ 7305. Sale of animals with pleuro-pneumonia; penalties. Whoever sells or disposes of any animal or animals, known to be infected with pleuro-pneumonia, or known to have been exposed thereto within 1 year prior to the sale or disposal, without due notice to the purchaser that th…

§ 7306. Possession of cattle having pleuro-pneumonia; notice; penalties. Whoever, knowing or having reason to suspect that pleuro-pneumonia exists among the cattle in that person’s possession or under that person’s care, fails to forthwith give notice thereof to the Department of…

§ 7307. Condemnation and disposal of cattle reacting to tuberculin test. Cattle which have reacted to the tuberculin test or show marked diagnostic symptoms of tuberculosis shall be condemned and disposed of as directed by the Department of Agriculture. Owners of cattle that have…

§ 7308. Conditions of payment for destruction of tubercular cattle. (a) No payment shall be made for any animals destroyed on account of tuberculosis unless the owner has complied with all quarantine and other regulations that are agreed upon by the United States Bureau of Animal…

§ 7309. Payment for cattle condemned for tuberculosis. The Department of Agriculture may pay out of the funds appropriated by the General Assembly of the State one half of the difference between the appraised value and the salvage of all cattle that are condemned for tuberculosis…

§ 7321. Blood test upon request of owner. The Department of Agriculture may take under supervision, whenever the Department deems it advisable, such herds of cattle as the owners request, for the conducting of the blood test for Bang’s disease (brucellosis), if the owners request…

§ 7322. Rules and regulations; quarantine orders. For the proper enforcement of this subchapter, the Department of Agriculture may make and enforce orders, rules and regulations for the control and eradication and to prevent the spread of Bang’s disease or any other contagious or…

§ 7323. Vaccination of calves. Upon request of an owner, the Department of Agriculture shall cause any calves in the State to be vaccinated against brucellosis (Bang’s disease) when such calves are between the ages of 4 and 8 months except calves in herds under state and federal …

§ 7324. Moving of unvaccinated cattle; exceptions. No person shall move cattle from any premise for other than immediate slaughter unless they have been vaccinated prior to reaching the age of 8 months or unless such animal is negative to an authorized blood agglutination test fo…

§ 7325. Report of veterinarians; vaccination identification; noncompliance. Each veterinarian authorized to make vaccinations shall report to the Department of Agriculture on forms furnished by it all vaccinations. Every animal vaccinated under this chapter shall have tattooed in…

§ 7326. Application for herd test; tagging and removal of reactors. Any owner of a herd not under state and federal test and slaughter plan may apply to the Department of Agriculture for a herd test for brucellosis for the purpose of determining the extent of infection in such ow…

§ 7327. Tests of herds under state-federal supervision; disposition of reactors. When any owner of cattle in the State places the owner’s herd of cattle under state-federal supervision for the eradication of Bang’s disease, and signs the federal agreements for the testing of the …

§ 7328. Slaughter of condemned animals. Any animal condemned for Bang’s disease shall be slaughtered upon the direction of the Department of Agriculture or its duly appointed agent.41 Del. Laws, c. 82, § 4; 3 Del C. 1953,, § 7328; 57 Del. Laws, c. 764, § 25;

§ 7329. Payment for cattle condemned. The Department of Agriculture may pay out of the funds appropriated by the General Assembly of the State one half of the difference between the appraised value and the salvage of all cattle that may be condemned for Bang’s disease by the Depa…

§ 7330. Cleaning of premises after finding reactors. The owner shall clean and disinfect the premises where reactors to the agglutination test for Bang’s disease have been found and removed, at the owner’s own expense, in accordance with instructions from the representative of th…

§ 7331. Quarantine for refusal to place herd under supervision. If it is shown beyond a reasonable doubt that Bang’s disease exists in a herd of cattle, and the owner refuses to sign an agreement placing the owner’s herd under supervision of the Department of Agriculture for the …

§ 7332. Quarantine and testing of modified accredited areas. When 75 percent of the cattle owners in any county, hundred, district, or other designated area have tested herds of cattle or have made application to have their herds tested and are sufficiently interested in the work…

§ 7333. Quarantine of cattle of owners not participating in area plan. When 75 percent of the cattle owners in any county, hundred, district or other designated area have tested herds of cattle or have filed petitions and agreements with the Department of Agriculture for the Bang…

§ 7334. Movement of cattle into or within enrolled area. Whenever a county, hundred, district, or other designated area has become enrolled in the area or any other plan of testing approved by the Department of Agriculture, no cattle shall be brought into or moved within such cou…

§ 7335. Interference with conduct of test. No person shall treat any cattle with a material or substance for the purpose of interfering with a Bang’s disease test, or shall interfere in any way with a representative of the Department of Agriculture who is making or assisting with…

§ 7336. Certification as modified accredited area. When the percentage of Bang’s disease infected cattle within a county, hundred, district or other designated area enrolled in the area or any other plan of Bang’s disease testing approved by the Department of Agriculture, as show…

§ 7337. Refusal by owner to retest. Any owner of cattle enrolled in the area or any other plan of testing approved by the Department of Agriculture who fails or refuses to have the owner’s animals retested when notified by the Department shall be considered as violating the owner…

§ 7338. Violations; penalties; jurisdiction; disposition of fines. (a) Whoever violates this subchapter, or any rule or regulation promulgated hereunder, shall, unless otherwise provided in this subchapter, be fined not less than $50 nor more than $100 for the first offense, and …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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;

§ 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…

§ 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 …

§ 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…

§ 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…