Title 3 — Agriculture
54 chapters · 326 sections in this title.
3 Del. C. § 801. Title.
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§ 801. Title. This chapter shall be known as the “Delaware Agricultural Production Insurance Assistance Program.”84 Del. Laws, c. 318, § 1;
3 Del. C. § 802. Purpose.
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§ 802. Purpose. It is the declared purpose of this Program to support, encourage, and promote agriculture production in Delaware as a valued and viable occupation. Promoting and supporting the State’s agricultural producers is essential to maintaining agriculture as a viable indu…
3 Del. C. § 803. Definitions.
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§ 803. Definitions. As used in this chapter: (1) “Approved insurance providers” means those insurance providers approved by the United States Department of Agriculture’s Risk Management Agency to sell policies and plans of insurance administered by the Federal Crop Insurance Corp…
3 Del. C. § 804. Program administration.
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§ 804. Program administration. (a) This Program is to be administered by the Department and is contingent on the ongoing existence of the Federal Crop Insurance Corporation or a comparable federally-funded program. (b) The Department is authorized to enter into agreements with th…
3 Del. C. § 805. Premium subsidy and eligibility requirements.
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§ 805. Premium subsidy and eligibility requirements. (a) Any eligible producer who has already purchased or who shall purchase, prior to the appropriate sales closing date, a qualifying policy in excess of the catastrophic risk protection level of coverage, shall be eligible to r…
3 Del. C. § 806. Funding.
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§ 806. Funding. Funding appropriated for this program may be used for the implementation and administration of this Program. Any annual unexpended funds appropriated for this Program will remain with the Program and will not revert to the General Fund of the State.84 Del. Laws, c…
3 Del. C. § 807. Annual reporting.
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§ 807. Annual reporting. By the end of each year, the Department must provide a report to the Chairs of the House and Senate Agriculture Committees of the General Assembly which must include the following: (1) The number of participating farmers. (2) A list of all approved partic…
3 Del. C. § 808. Rules and regulations.
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§ 808. Rules and regulations. The Department may adopt and promulgate such rules and regulations as will be necessary for the implementation of this Program.84 Del. Laws, c. 318, § 1;
3 Del. C. § 1101. Definitions.
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§ 1101. Definitions. The following words shall, for purposes of this chapter, be defined as follows: (1) “Agriculture” — the production of plants and animals useful to humans, including all forms of farm products and farm production. (2) “Biological control agent(s)” — any living…
3 Del. C. § 1102. Regulations and fees.
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§ 1102. Regulations and fees. (a) The Department of Agriculture may adopt reasonable regulations to implement and carry out the purposes of this chapter to eradicate, repress and prevent the spread of plant pests (i) within the State, (ii) from within the State to points outside …
3 Del. C. § 1103. Discovery and suppression of plant pests.
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§ 1103. Discovery and suppression of plant pests. (a) In order to prevent the introduction of or to control dangerously injurious plant pests in the State, the Department shall seek out all dangerously injurious plant pests destructive to the agricultural, forest or horticultural…
3 Del. C. § 1104. Warning and information to farmers and other persons.
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§ 1104. Warning and information to farmers and other persons. (a) The Department, upon confirmation of an actionable infestation or infection of any dangerously injurious plant pest(s), shall warn the farmers and other persons residing in the county of the nature of the aforement…
3 Del. C. § 1105. Failure to pay expenses of treating diseased plants and pests; penalty.
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§ 1105. Failure to pay expenses of treating diseased plants and pests; penalty. (a) The Department shall, within 90 days, provide notice of all expenses incurred while controlling a dangerous injurious plant pest infestation or infection to the person(s), owner(s) or tenant(s) as…
3 Del. C. § 1106. Establishment of quarantine restrictions.
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§ 1106. Establishment of quarantine restrictions. (a) The Department may establish quarantine restrictions in areas infested or infected with dangerously injurious plant pests and areas adjacent thereto, and adopt, issue and enforce rules and regulations relative to such quaranti…
3 Del. C. § 1107. Shipment of plant pests and biological control agents.
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§ 1107. Shipment of plant pests and biological control agents. (a) No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment any plant pest or biological control agent without a U.S. Department of Agriculture — Animal and Plant Health Inspec…
3 Del. C. § 1108. Violations and hearing procedures.
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§ 1108. Violations and hearing procedures. (a) Failure to comply with this chapter shall result in the assessment of a civil penalty. (b) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or the Secretary’s designee. No …
3 Del. C. § 1109. Appeal.
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§ 1109. Appeal. A person who feels aggrieved by the Department as a result of the administrative hearing held under the authority of this chapter may take appeal, within 30 days, to the Superior Court. After a full hearing, the Court shall make such decree as seems just and prope…
3 Del. C. § 1110. Civil penalties.
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§ 1110. Civil penalties. (a) Any person who interferes with the Department in the enforcement of this chapter, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count. (b) Any person who is not a Depart…
3 Del. C. § 1301. Definitions.
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§ 1301. Definitions. For purposes of this chapter: (1) “Agent” means any person that performs services for another person under an express or implied agreement. A person may be an agent without receiving compensation for services. (2) “Agriculture” means the production of plants …
3 Del. C. § 1302. Nursery licensing requirements.
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§ 1302. Nursery licensing requirements. (a) Any person, grower, agent, broker, dealer, mail-order merchant, commission merchant, consignor, landscaper, florist, greenhouse operator, chain store operator, garden center operator, roadside market operator, producer, or owner engaged…
3 Del. C. § 1303. Inspection of nurseries and businesses, and issuance of nursery inspection certificate.
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§ 1303. Inspection of nurseries and businesses, and issuance of nursery inspection certificate. (a) After receiving the nursery license application, the Department or its representatives shall examine or inspect all plants, plant material, or nursery stock located or grown on the…
3 Del. C. § 1304. Plant pest infestations.
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§ 1304. Plant pest infestations. (a) Any person that has in the person’s possession plants, plant materials, or nursery stock infested or infected with dangerously injurious plant pests possesses a public nuisance. (b) Upon discovery or notification of such nuisance the Departmen…
3 Del. C. § 1305. Shipping, labeling, and certification requirements.
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§ 1305. Shipping, labeling, and certification requirements. (a) No person(s) shall sell, ship or give away, by private carrier, commercial carrier or any other means, any plants, plant materials or nursery stock from any nursery, business, or premises within the State, without an…
3 Del. C. § 1306. Shipment of nursery stock into state; labeling and certification.
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§ 1306. Shipment of nursery stock into state; labeling and certification. (a) When any plants, plant materials, or nursery stock are shipped, sent, or mailed into this State, to any person in this State, every item including a carload, container, box, or package must be conspicuo…
3 Del. C. § 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department.
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§ 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department. Any person that acts as the representative of a transportation company, private carrier, commercial shipper, common carrier, express parcel carrier, or other transportation entity…
3 Del. C. § 1308. Labeling and advertising of nursery stock.
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§ 1308. Labeling and advertising of nursery stock. (a) Plants, plant materials, or nursery stock must not be labeled or advertised with false or misleading information. This includes common name, scientific name, variety, place of origin, and growth habit. (b) A person may not of…
3 Del. C. § 1309. Reciprocal agreements.
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§ 1309. Reciprocal agreements. The Department shall have the authority to make reciprocal agreements with the responsible officials of other states. Nursery stock or plants from any other state may be sold or delivered in this State under the same conditions required for sale, de…
3 Del. C. § 1310. Violations.
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§ 1310. Violations. (a) Any person that has in their possession plants, plant materials, or nursery stock that is uncertified, uninspected, or falsely or misleadingly labeled or advertised possesses an illegal regulated commodity. (1) Plants, plant materials, or nursery stock tha…
3 Del. C. § 1311. Hearing procedures.
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§ 1311. Hearing procedures. (a) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture and the Secretary’s designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity fo…
3 Del. C. § 1312. Appeals.
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§ 1312. Appeals. A person who feels aggrieved by an action of the Department resulting from the administrative hearing held under the authority of this chapter may take appeal, within 30 days of the written decision or other action of the Department, to the Superior Court. After …
3 Del. C. § 1313. Civil penalties.
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§ 1313. Civil penalties. (a) The civil penalty for violation of any section of this chapter not already stated will be 1 or more of the following: (1) The assessment of a civil penalty of no less than $100 nor more than $1000 on each count. (2) The confiscation or destruction of …
3 Del. C. § 1401. Agricultural and forestal operations not considered nuisances; exception.
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§ 1401. Agricultural and forestal operations not considered nuisances; exception. No agricultural or forestal operation within this State which has been in operation for a period of more than 1 year shall be considered a nuisance, either public or private, as the result of a chan…
3 Del. C. § 1501. Definitions.
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§ 1501. Definitions. As used in this chapter: (1) “Advertisement” means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed under this chapter that is offered for sale or distribution. (2) “Agricultural seed” includes t…
3 Del. C. § 1502. Label requirements; all agricultural, vegetable, flower, or tree and shrub seeds; treated; hermetically sealed.
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§ 1502. Label requirements; all agricultural, vegetable, flower, or tree and shrub seeds; treated; hermetically sealed. (a) (1) Each container of agricultural, vegetable, flower, or tree and shrub seeds which is sold, offered for sale, exposed for sale, or transported within this…
3 Del. C. § 1502A. Label requirements; agricultural seeds.
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§ 1502A. Label requirements; agricultural seeds. (a) In addition to the information required under § 1502 of this title, each container of agricultural seeds, except for grass seed mixtures under subsection (b) of this section, must contain all of the following information: (1) T…
3 Del. C. § 1502B. Label requirements; vegetable seeds.
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§ 1502B. Label requirements; vegetable seeds. (a) In addition to the information required under § 1502 of this title, each container of vegetable seeds in containers of 1 pound or less must contain all of the following information: (1) Name of kind and variety of seed. (2) Lot nu…
3 Del. C. § 1502C. Label requirements; flower seeds.
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§ 1502C. Label requirements; flower seeds. (a) In addition to the information required under § 1502 of this title, each container of flower seeds must contain all of the following information: (1) The name of the kind and variety or a statement of type and performance characteris…
3 Del. C. § 1503. Label requirements; tree and shrub seeds.
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§ 1503. Label requirements; tree and shrub seeds. (a) (1) In addition to the information required under § 1502 of this title, each container of tree and shrub seed must contain all of the information under this section. (2) Tree and shrub seed supplied under a contractual agreeme…
3 Del. C. § 1504. Prohibitions.
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§ 1504. Prohibitions. (a) No person can sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, or tree and shrub seeds within this State if any of the following apply to the seeds: (1) Unless otherwise specified under this chapter, if th…
3 Del. C. § 1505. Records.
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§ 1505. Records. (a) Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this chapter shall keep all of the following: (1) Complete records of each lot handled, for 2 years. (2) A file sample of each lot of seed after final dispositi…
3 Del. C. § 1506. Exemptions.
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§ 1506. Exemptions. (a) Sections 1502 through 1504 of this title do not apply to any of the following: (1) To seed or grain not intended for sowing purposes. (2) To seed in storage in, or being transported, or consigned to a cleaning or processing establishment for cleaning or pr…
3 Del. C. § 1507. Duties and authority of the Department.
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§ 1507. Duties and authority of the Department. (a) The Department shall administer and enforce this chapter and may do all of the following: (1) Sample, inspect, make analysis of, and test seeds subject to this chapter that are transported, sold, offered, or exposed for sale wit…
3 Del. C. § 1508. Seizure [Repealed].
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§ 1508. Seizure [Repealed].36 Del. Laws, c. 91, § 9; Code 1935, § 663; 44 Del. Laws, c. 66, §§ 1, 8; 3 Del. C. 1953, § 1507; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.;
3 Del. C. § 1509. Injunction without bond [Repealed].
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§ 1509. Injunction without bond [Repealed].3 Del. C. 1953, § 1508; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.;
3 Del. C. § 1510. Violations and prosecutions.
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§ 1510. Violations and prosecutions. (a) A person who violates this chapter is subject to a civil penalty as follows: (1) For a first occurrence, a civil penalty in an amount that does not exceed $100. (2) For a subsequent occurrence, a civil penalty in an amount that does not ex…
3 Del. C. § 1511. Enforcing agency [Repealed].
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§ 1511. Enforcing agency [Repealed].3 Del. C. 1953, § 1510; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; 81 Del. Laws, c. 36, § 1; repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.;
3 Del. C. § 1512. Delegation of duties [Repealed].
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§ 1512. Delegation of duties [Repealed].3 Del. C. 1953, § 1511; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.;
3 Del. C. § 1701. Title.
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§ 1701. Title. This chapter shall be known as the “Delaware Commercial Feed Law of 2021.”3 Del. C. 1953, § 1701; 56 Del. Laws, c. 69; 83 Del. Laws, c. 98, § 1;
3 Del. C. § 1702. Enforcing agency.
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§ 1702. Enforcing agency. This chapter shall be administered by the Department of Agriculture of this State, hereinafter referred to as the “Department.”3 Del. C. 1953, § 1702; 56 Del. Laws, c. 69; 57 Del. Laws, c. 764, § 8; 83 Del. Laws, c. 98, § 1;
3 Del. C. § 1703. Definitions of words and terms.
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§ 1703. Definitions of words and terms. When used in this chapter: (1) “Brand name” means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. (2) “Commercial feed” …