Title 3, Agriculture

§ 7507. False information; interference with Apiarist or inspectors. No person shall give false information in any matter pertaining to this chapter, or hinder or resist the State Apiarist or the inspector in the discharge of his or her duties.46 Del. Laws, c. 111, § 6; 3 Del. C.…

§ 7508. Precautions against spread of disease. After inspection of infected bees, equipment or appliances, the State Apiarist or inspector shall take such measures as shall prevent the spread of the disease by infected material adhering to the State Apiarist's or inspector's pers…

§ 7509. Movement of bees, equipment or appliances from infected apiary. No person shall sell, barter or give away, accept, receive or transport any bees, equipment or appliances from an apiary known to be affected with a bee disease, mite infestation, exotic mite or Africanized h…

§ 7510. Importation of bees or used bee equipment or appliances. (a) No person shall ship or transport any colony of bees, or used beekeeping equipment into the State that is not accompanied by an entry permit issued by the Department. (b) Before a person may ship or transport in…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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;

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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 …

§ 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, …

§ 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…

§ 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.;

§ 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…

§ 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.;

§ 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.;

§ 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.;

§ 8001. Definitions. Transferred to § 3001F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014. Section 3001F of Title 16 was subsequently redesignated as § 3000F of Title 16 by 85 Del. Laws, c. 483, § 1, effective Jan. 1, 2027, under the terms of § 8 of that act.

§ 8002. Shelter care and treatment. Transferred to § 3002F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.

§ 8003. Animal adoption, recovery, and rehabilitation. Transferred to § 3003F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.

§ 8004. Euthanasia in animal shelters. Transferred to § 3004F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.

§ 8005. Proper facilities required. Transferred to § 3005F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.

§ 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.

§ 8007. Record keeping and reporting. Transferred to § 3007F of Title 16 by 79 Del. Laws, c. 377, § 1, effective July 31, 2014.

§ 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…

§ 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…

§ 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…

§ 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…

§ 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;

§ 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;

§ 8201. Purpose of chapter. The purpose of this chapter is to control and suppress the spread of rabies among the domestic and wild animal populations of the State, to provide safeguards against exposure of this disease to citizens of the State and to prevent the introduction of …

§ 8202. Definitions. (a) “Animal” means any species of mammal, not including humans. (b) “Animal exposed to rabies” means a domestic animal that has been bitten or scratched so that the skin has been broken by a rabid animal or a suspected rabid animal, or that has had contaminat…

§ 8203. Reporting of rabies. Any medical practitioner, hospital, veterinarian, or other person having knowledge of the following situations shall report the facts within 12 hours by telephone, email, fax, or in person as follows: (1) Any suspected or confirmed case of human rabie…

§ 8204. Rabies vaccination required for dogs, cats, and ferrets; antirabies clinics. (a) Vaccination of dogs. — (1) Any person owning a dog 6 months of age or older in this State shall have that dog vaccinated against rabies by a licensed veterinarian, or by a licensed veterinary…

§ 8205. Prohibition of vaccination of certain animals for rabies. (a) No licensed veterinarian or other person may vaccinate a native wild mammal, native wild animal hybrid, exotic mammal, or exotic mammal hybrid with a rabies vaccine not intended for use in that animal, except w…

§ 8206. Prohibition on the importation of certain animals. (a) The Department may also ban importation of certain species of animals into the State, or require special permits for importation of certain species, if it is felt that these species of animals represent an unacceptabl…