Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 5116. Duty of owners of incorrect apparatus.
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§ 5116. Duty of owners of incorrect apparatus. Weights and measures that have been rejected under the authority of the Secretary of Agriculture shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made a…
6 Del. C. § 5117. Method of sale of commodities.
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§ 5117. Method of sale of commodities. Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count; provided…
6 Del. C. § 5118. Packages; declarations of quantity and origin; variations; exemptions.
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§ 5118. Packages; declarations of quantity and origin; variations; exemptions. Except as otherwise provided in this chapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or…
6 Del. C. § 5119. Declarations of unit price on random packages.
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§ 5119. Declarations of unit price on random packages. In addition to the declarations required by § 5118 of this title, any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity and bearing the total selling…
6 Del. C. § 5120. Uniform packaging and labeling.
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§ 5120. Uniform packaging and labeling. The standards and requirements for Uniform Packaging and Labeling will be those contained in Handbook 130 of the National Institute of Standards and Technology and supplements thereto, or in any publication revising or superseding Handbook …
6 Del. C. § 5121. Advertising packages for sale.
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§ 5121. Advertising packages for sale. Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic …
6 Del. C. § 5122. Sale by net weight.
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§ 5122. Sale by net weight. The word “weight” as used in this chapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall b…
6 Del. C. § 5123. Misrepresentation of price.
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§ 5123. Misrepresentation of price. Whenever any commodity or service is sold or is offered, exposed or advertised for sale, by weight, measure or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or de…
6 Del. C. § 5124. Meat, poultry and seafood.
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§ 5124. Meat, poultry and seafood. Meat, poultry and seafood shall be sold by weight, except that whole shellfish in the shell and ready to eat food may be sold by weight, measure and/or count.6 Del. C. 1953, § 5126; 53 Del. Laws, c. 187, § 3; 58 Del. Laws, c. 281, § 12; 66 Del. …
6 Del. C. § 5125. Clams, mussels, oysters, and other mollusks.
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§ 5125. Clams, mussels, oysters, and other mollusks. Whole clams, oysters, mussels or other mollusks in the shell, whether fresh or frozen, shall be sold by weight including the weight of the shell, but not including the liquid of ice packed with them, dry measure and/or count. I…
6 Del. C. § 5126. Non-food products.
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§ 5126. Non-food products. The specifications and requirements for non-food products shall be those specified by the National Institute of Standards and Technology, Handbook 130 and supplements thereto, or in any publication revising or superseding Handbook 130, except insofar as…
6 Del. C. § 5127. Bulk deliveries of commodities sold in terms of weight.
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§ 5127. Bulk deliveries of commodities sold in terms of weight. Whenever a vehicle delivers to an individual purchaser a commodity in bulk and the commodity is sold in terms of weight units, the delivery shall be accompanied by duplicate delivery tickets on which, in ink or other…
6 Del. C. § 5128. Furnace and stove oil.
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§ 5128. Furnace and stove oil. (a) Whoever sells or delivers fuel oil or propane in quantities of 20 gallons or more for heating or cooking purposes shall issue a delivery ticket which shall consist of an original and at least 1 carbon copy. Said ticket shall be serially numbered…
6 Del. C. § 5129. Berries and small fruits.
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§ 5129. Berries and small fruits. Berries and small fruits shall be offered and exposed for sale and sold by weight or by measure in open containers having capacities of 1/2 dry pint, 1 dry pint or 1 dry quart; provided, that the marking provisions of § 5118 of this title shall n…
6 Del. C. § 5130. Construction of contracts.
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§ 5130. Construction of contracts. Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in §§ 5101 and 5102 of this title, and all contracts concerning the sale of commodities and services shall be c…
6 Del. C. § 5131. Licensed weighmasters; appointment; tenure; license fee; seal; charges; records.
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§ 5131. Licensed weighmasters; appointment; tenure; license fee; seal; charges; records. (a) The Secretary shall appoint as a licensed weighmaster any person who possesses the qualifications provided for in this section and shall make application for the appointment, assigning to…
6 Del. C. § 5132. Hindering or obstructing officer; penalties.
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§ 5132. Hindering or obstructing officer; penalties. Any person who shall hinder or obstruct in any way the Secretary of Agriculture, or any 1 of the inspectors, in the performance of official duties, shall, upon conviction thereof, be punished by a fine of not less than $100 or …
6 Del. C. § 5133. Impersonation of officer; penalties.
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§ 5133. Impersonation of officer; penalties. Any person who shall impersonate in any way the Secretary of Agriculture or any one of the inspectors by the use of the Secretary’s seal or a counterfeit of the Secretary’s seal, or in any other manner, upon conviction thereof, shall b…
6 Del. C. § 5134. Offenses and penalties.
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§ 5134. Offenses and penalties. (a) No person shall: (1) Use or have in possession for the purpose of using for any commercial purpose specified in § 5109 of this title, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorr…
6 Del. C. § 5135. Injunction.
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§ 5135. Injunction. The Secretary of Agriculture may apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating this chapter.6 Del. C. 1953, § 5140; 53 Del.…
6 Del. C. § 5136. Presumptive evidence.
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§ 5136. Presumptive evidence. For the purposes of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, …
6 Del. C. § 5137. Validity of prosecutions.
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§ 5137. Validity of prosecutions. Prosecutions for violation of this chapter shall be valid and proper notwithstanding the existence of any other valid general or specific chapter of the Delaware Laws dealing with matters that may be the same as or similar to those covered by thi…
6 Del. C. § 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas.
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§ 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas. Justices of the peace and the Court of Common Pleas shall have concurrent jurisdiction over violations of this chapter.6 Del. C. 1953, § 5143; 53 Del. Laws, c. 187, § 3; 58 Del. Laws, c. 281, § 21…
6 Del. C. § 5139. Citation.
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§ 5139. Citation. This chapter may be cited as the “Weights and Measures Act of Delaware.”6 Del. C. 1953, § 5144; 53 Del. Laws, c. 187, § 3; 70 Del. Laws, c. 370, § 12;
6 Del. C. § 5140. Fees for services for out-of-state companies.
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§ 5140. Fees for services for out-of-state companies. The following fees shall be charged for the services listed below to those firms which do not possess a current Delaware business license: (1) Cast iron and steel weights — Class F tolerances. — The Department shall charge the…
6 Del. C. § 5141. Fines payable by mail.
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§ 5141. Fines payable by mail. (a) Applicability. — Any weights and measures inspector in this State, who issues a citation for any of the offenses which are violations of laws or regulations established or promulgated under the authority of this chapter, may, in addition to issu…
6 Del. C. § 5142. Administrative penalties.
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§ 5142. Administrative penalties. (a) In addition to proceeding under any other remedy available at law or in equity for a violation of this chapter or a rule or regulation adopted thereunder, or any order issued pursuant to this chapter, the Secretary, in the Secretary’s discret…
6 Del. C. § 5301. Standards for measurement.
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§ 5301. Standards for measurement. The following shall be the rules for the measurement of mason work in this State: The units of measurement shall be as follows: (1) Generally. — For excavation, the cubic yard. For concrete foundation, the cubic yard. For concrete floors, the su…
6 Del. C. § 5501. Delaware Coordinate System.
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§ 5501. Delaware Coordinate System. The systems of plane coordinates which have been established by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors for defining and stating the geographic positions or lo…
6 Del. C. § 5502. Definition of Delaware Coordinate System.
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§ 5502. Definition of Delaware Coordinate System. (a) For defining the Delaware Coordinate System of 1927, the following definition by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) is adopted: The “Delaware Coordinate S…
6 Del. C. § 5503. Description of plane coordinates.
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§ 5503. Description of plane coordinates. The plane coordinate values for a point on the Earth’s surface, used to express the geographic position or location of such point in the appropriate zone of this system, shall consist of 2 distances, expressed in U.S. Survey Feet and expr…
6 Del. C. § 5504. Triangulation or traverse stations.
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§ 5504. Triangulation or traverse stations. The position of the Delaware Coordinate System shall be as marked on the ground by Global Positioning System (GPS) of horizontal control stations established in conformity with standards adopted by the North American National Geodetic H…
6 Del. C. § 5505. Standard for recording coordinates in public records.
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§ 5505. Standard for recording coordinates in public records. No coordinates based on either Delaware Coordinate System, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point…
6 Del. C. § 5506. Use of term “Delaware Coordinate System”.
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§ 5506. Use of term “Delaware Coordinate System”. As established for use, the Delaware Coordinate System of 1927 or the Delaware Coordinate System of 1983 shall be named; and in any land description in which it is used, it shall be designated the “Delaware Coordinate System of 19…
6 Del. C. § 5507. Reliance on description.
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§ 5507. Reliance on description. (a) For purposes of describing the location of any survey station or land boundary corner in the State, it shall be considered a complete, legal and satisfactory description of such location to give the position of said survey station or land boun…
6 Del. C. § 5508. Transitional use of Delaware Coordinate System of 1927; effective date of exclusive use of Delaware Coordinate System of 1983.
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§ 5508. Transitional use of Delaware Coordinate System of 1927; effective date of exclusive use of Delaware Coordinate System of 1983. The Delaware Coordinate System of 1927 shall not be used after a period beginning 12 months after July 1, 2000. Beginning on the date 12 months a…
6 Del. C. § 7001-7017. Findings; declaration of policy; definitions; Delaware Economic Development Authority — Established; organization; powers; application for assistance; findings and determinations; bonds; covenants with bondholders; pledge of revenues or other property; limitation on liability of State; negotiability of bonds; default in payment of state guaranteed bonds; insufficient revenues to make payment; limitation of powers of State; bonds as legal investments for institutions and fiduciaries; exemption from taxation; property of Authority exempt from judicial process; liberal construction of chapter; inconsistent laws inapplicable.
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§§ 7001-7017. Findings; declaration of policy; definitions; Delaware Economic Development Authority — Established; organization; powers; application for assistance; findings and determinations; bonds; covenants with bondholders; pledge of revenues or other property; limitation on…
6 Del. C. § 7401-7404. Definitions; Income and mercantile tax exemption authorized; qualification for exemption; rules and regulations; action upon violation of; applicable remedies and causes of action [Repealed].
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§§ 7401-7404. Definitions; Income and mercantile tax exemption authorized; qualification for exemption; rules and regulations; action upon violation of; applicable remedies and causes of action [Repealed]. Repealed by 75 Del. Laws, c. 412, § 4, effective July 10, 2006.
6 Del. C. § 7501. Definitions.
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§ 7501. Definitions. As used in this chapter, unless the context requires otherwise, the following words and phrases shall mean: (1) “Private corporation” shall mean a general and business or a general not-for-profit corporation organized under the laws of this State. (2) “Public…
6 Del. C. § 7502. Federal grants.
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§ 7502. Federal grants. All public and private corporations shall have the power to apply to the proper authorities of the United States government for a grant, and when such a grant is issued, to establish and operate foreign trade zones under the Foreign Trade Zones Act of 1934…
6 Del. C. § 7601. Definitions.
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§ 7601. Definitions. Unless the context or subject matter otherwise clearly requires, the following definitions shall govern construction of this chapter: (1) “Advertisement” means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a lease-…
6 Del. C. § 7602. Inapplicability of other laws; exempted transactions.
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§ 7602. Inapplicability of other laws; exempted transactions. (a) Lease-purchase agreements which comply with this chapter are not governed by the laws relating to: (1) A “retail installment contract” or “contract” as defined in § 4301(9) of this title. (2) A “security interest” …
6 Del. C. § 7603. Disclosures.
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§ 7603. Disclosures. (a) For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable: (1) The total number, total amount and timing of all payments necessary to acquire ownership of the property; (2) A statement that the lessee…
6 Del. C. § 7604. Form requirements.
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§ 7604. Form requirements. (a) The disclosure information required by this chapter must be disclosed in a lease-purchase agreement, and must: (1) Be made clearly and conspicuously with items appearing in logical order and segregated as appropriate for readability and clarity; (2)…
6 Del. C. § 7605. Blank spaces.
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§ 7605. Blank spaces. All blank spaces on lease-purchase agreement forms must be filled in before the lease-purchase agreement is executed. Blank spaces that are provided for items or terms not applicable to the agreement must be crossed out.68 Del. Laws, c. 59, § 1;
6 Del. C. § 7606. Advertising.
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§ 7606. Advertising. (a) Prohibition. — An advertisement for a lease-purchase agreement may not state or imply that a specific item is available at specific amounts or terms unless the lessor usually and customarily offers or will offer that item at those amounts or terms. (b) Di…
6 Del. C. § 7607. Lessee’s reinstatement rights.
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§ 7607. Lessee’s reinstatement rights. (a) A lessee who fails to make timely lease payments may reinstate the original lease-purchase agreement without losing any rights or options previously acquired under the lease-purchase agreement if both of the following apply: (1) After ha…
6 Del. C. § 7608. Prohibited provisions.
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§ 7608. Prohibited provisions. A lease-purchase agreement may not contain a provision: (1) Requiring a confession of judgment; (2) Authorizing a lessor or an agent of the lessor to commit a breach of the peace in the repossession of property; (3) Waiving a defense, counterclaim o…
6 Del. C. § 7609. Early purchase option.
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§ 7609. Early purchase option. A lease purchase agreement must provide that at any time after the initial rental payment, the lessee may acquire ownership of the property by tendering 55 percent of the difference between the total of rental payments necessary to acquire ownership…
6 Del. C. § 7610. Exempted transaction.
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§ 7610. Exempted transaction. This chapter does not apply to agreements for the rental of property in which the person who rents the property has no legal right to become the owner of the rented property.68 Del. Laws, c. 59, § 1;