Title 3 — Agriculture
54 chapters · 326 sections in this title.
3 Del. C. § 101. Powers.
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§ 101. Powers. The Department of Agriculture may: (1) Abate, suppress, eradicate and prevent, by such means as shall be prescribed and provided by law or by rule, order or regulation of the Department of Agriculture, the San Jose Scale, peach yellows, pear blight and all other co…
3 Del. C. § 102. Entry on lands.
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§ 102. Entry on lands. In order to accomplish the purposes of this title, the Department of Agriculture, its officers, employees, agents and servants, may enter upon any public or private premises, parks or cemeteries, or upon any lands of any person within this State, for the pu…
3 Del. C. § 103. Periodic examination.
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§ 103. Periodic examination. The Department of Agriculture shall send at least one of its officers, agents or employees at least once a year into each county of the State, for the purpose of examining and determining thereby the healthfulness and general condition of the horticul…
3 Del. C. § 104. Failure to mark packages of fruit.
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§ 104. Failure to mark packages of fruit. Whoever, being a grower of any fruits, neglects or fails, after 10 days’ notice by the Department of Agriculture, to comply with any order, rule or regulation of the Department of Agriculture shall be fined $5.00.21 Del. Laws, c. 216, § 2…
3 Del. C. § 105. Appropriations for agricultural societies.
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§ 105. Appropriations for agricultural societies. All moneys appropriated for the Delaware Crop Improvement Association, shall be payable only on warrants drawn by the Secretary of the Department of Agriculture. The Department of Agriculture shall examine into and verify all the …
3 Del. C. § 106. Dairy risk management assistance program.
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§ 106. Dairy risk management assistance program. (a) For purposes of this section: (1) “Dairy margin coverage program” means a program operated by the United States Department of Agriculture (USDA) that provides risk management coverage based on the national price of milk and the…
3 Del. C. § 107. Lyme disease control.
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§ 107. Lyme disease control. The Department must establish a Lyme Disease Intervention Fund, in an amount to be determined by the Joint Finance Committee. The Department must administer the Fund with the goal of reducing the prevalence of Lyme disease, other tick-borne illnesses,…
3 Del. C. § 301. Duties.
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§ 301. Duties. The Department of Agriculture shall: (1) Investigate the cost of production and marketing in all its phases; (2) Gather and disseminate information concerning supply, demand, prevailing prices, and commercial movements, including common and cold storage of food pro…
3 Del. C. § 302. Powers; fees; Department of Agriculture’s Inspection Fund; annual reports.
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§ 302. Powers; fees; Department of Agriculture’s Inspection Fund; annual reports. (a) The Department of Agriculture may: (1) Make rules and regulations for the grading, packing, handling, storage and sale of all food products within the State, not contrary to law; (2) Enforce its…
3 Del. C. § 303. Expenses.
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§ 303. Expenses. All expenses incurred by the Department of Agriculture in the performance of its duties and powers except as provided by subsection (b) of § 302 of this title, shall be paid from funds appropriated for use of the Department of Agriculture.Code 1915, § 697I; 32 De…
3 Del. C. § 304. Employees.
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§ 304. Employees. Federal certificate clerks, federally licensed grain inspectors, and other federally licensed inspectors and graders who are permanent state employees, whether or not the State is reimbursed by the federal government for their services, shall be classified emplo…
3 Del. C. § 305. Delaware Agriculture Marketing Fund.
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§ 305. Delaware Agriculture Marketing Fund. (a) There is established a Delaware Agriculture Marketing Fund to which shall be credited all funds appropriated by the General Assembly of this State for the administration of this chapter, and all funds received through the sale of pr…
3 Del. C. § 311-314. [Reserved.]
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§§ 311-314. [Reserved.]
3 Del. C. § 401. Short title.
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§ 401. Short title. This chapter shall be known and may be cited as the “Delaware Aquaculture Act.”67 Del. Laws, c. 439, § 1;
3 Del. C. § 402. Declaration of purpose.
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§ 402. Declaration of purpose. The General Assembly finds and declares it to be in the interest of the general welfare and economic prosperity of the State to have a comprehensive and ongoing program to promote and encourage aquacultural activities. The General Assembly further d…
3 Del. C. § 403. Definitions.
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§ 403. Definitions. As used in this chapter: (1) “Aquaculture” means the controlled propagation, growth, harvest and subsequent commerce in cultured aquatic stock by an aquaculturist. (2) “Aquaculture facility” means any water system and associated infrastructures capable of hold…
3 Del. C. § 404. Aquaculture technical assistance and marketing program.
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§ 404. Aquaculture technical assistance and marketing program. The Department shall develop and implement a technical assistance and marketing program to assist owners and operators of aquacultural facilities and to promote Delaware aquaculture products. This program will be done…
3 Del. C. § 405. Limitations.
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§ 405. Limitations. Aquaculture activities shall not promote the introduction of any nonindigenous species that harbor disease, parasites or are capable of surviving and adversely competing with indigenous plant or animal species.67 Del. Laws, c. 439, § 1; 79 Del. Laws, c. 178, §…
3 Del. C. § 406. Authority of the Department.
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§ 406. Authority of the Department. (a) The Department, in accordance with the administrative procedures and provisions set forth in Chapter 101 of Title 29, shall have the authority to promulgate regulations, which shall have the force and effect of law, to enhance and control c…
3 Del. C. § 407. Fee fishing operations.
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§ 407. Fee fishing operations. (a) It shall be lawful for any person to fish, without being licensed to fish in this State, within an aquaculture facility designated as a fee fishing operation and registered as same with the Department of Agriculture. (b) The owner(s) of a fee fi…
3 Del. C. § 408. Aquaculture registration.
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§ 408. Aquaculture registration. The owner(s) of an aquaculture facility shall register same with the Department of Agriculture on forms and in accordance with procedures established by the Department of Agriculture. The Department of Agriculture shall promulgate regulations to e…
3 Del. C. § 409. Suspension or revocation of registration.
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§ 409. Suspension or revocation of registration. The Department of Agriculture may, after due notice, suspend or revoke any aquaculture registration which does not comply with the requirements of this chapter or the regulations promulgated by the Department of Agriculture. A pers…
3 Del. C. § 410. Aquaculture facility protection.
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§ 410. Aquaculture facility protection. It shall be unlawful for any person, without the written consent of the owner, to remove, destroy or release cultured aquatic stock from a registered aquaculture facility or introduce any toxic substance directly or indirectly into the wate…
3 Del. C. § 411. Aquaculture facility protection.
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§ 411. Aquaculture facility protection. Transferred to § 410 of this title by 79 Del. Laws, c. 178, § 1, effective August 28, 2013.
3 Del. C. § 501. Appointment.
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§ 501. Appointment. The Department of Agriculture shall appoint a suitable person to serve as State Chemist.29 Del. Laws, c. 48, § 1; Code 1935, § 688; 3 Del. C. 1953, § 501; 57 Del. Laws, c. 764, § 3;
3 Del. C. § 502. Compensation.
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§ 502. Compensation. The State Chemist shall receive such compensation for the State Chemist’s services and expenses as may be fixed by the Department of Agriculture, to be paid out of funds of the State Treasury, in the same manner as other necessary expenses of the State are no…
3 Del. C. § 503. False analysis, penalty.
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§ 503. False analysis, penalty. Whoever, being the State Chemist, wilfully makes any false or untrue analysis, shall be fined not more than $100, and shall be imprisoned until the fine is paid.16 Del. Laws, c. 348; 17 Del. Laws, c. 438, § 13; Code 1915, § 709; Code 1935, § 708; 3…
3 Del. C. § 504. [Reserved.]
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§ 504. [Reserved.]
3 Del. C. § 601. Short title.
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§ 601. Short title. This chapter shall be known and may be cited as the “Delaware Viticulture Act.”68 Del. Laws, c. 338, § 1;
3 Del. C. § 602. Declaration of purpose.
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§ 602. Declaration of purpose. The General Assembly finds and declares it to be in the interest of the general welfare and economic prosperity of the State to have a comprehensive and ongoing program to promote and encourage viticultural activities. The General Assembly further d…
3 Del. C. § 603. Definitions.
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§ 603. Definitions. As used in this chapter: (1) “Department” means the Department of Agriculture. (2) “Commission” means the Alcoholic Beverage Control Commission. (3) “Secretary” means the Secretary of the Department of Agriculture. (4) “Viticulture” means the cultivation, prod…
3 Del. C. § 604. Viticulture technical assistance and marketing program.
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§ 604. Viticulture technical assistance and marketing program. The Department shall develop and implement a technical assistance program to assist the owners and operators of viticultural facilities and to promote Delaware viticulture products. This program will be done in conjun…
3 Del. C. § 605. Delaware Viticulture Council.
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§ 605. Delaware Viticulture Council. (a) A Delaware Viticulture Council is hereby created for the purposes of assisting the Department with the enhancement and promotion of viticulture activities and operations within the State. Duties of the Council shall include, but not be lim…
3 Del. C. § 701. Short title.
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§ 701. Short title. This chapter shall be known and may be cited as the “Delaware Agricultural Commodities Development Act.”62 Del. Laws, c. 176, § 1;
3 Del. C. § 702. Purpose; construction.
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§ 702. Purpose; construction. (a) It is hereby declared to be in the interest of the public welfare that Delaware farmers who produce agricultural commodities for domestic and foreign markets shall be permitted to act separately or jointly in cooperation with handlers, dealers an…
3 Del. C. § 703. Definitions.
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§ 703. Definitions. For the purpose of this chapter: (1) “Agricultural commodity” means any agricultural product, including, but not limited to, plants and animals and plant and animal products, grown, raised or produced within the State for use as food, feed, seed or any aesthet…
3 Del. C. § 704. Agricultural Commodity Advisory Boards — Creation; membership; election; term; organization.
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§ 704. Agricultural Commodity Advisory Boards — Creation; membership; election; term; organization. (a) An Agricultural Commodity Advisory Board is hereby created for the producers of each agricultural commodity who file with the Secretary a petition requesting that the producers…
3 Del. C. § 705. Same — Meetings; quorum.
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§ 705. Same — Meetings; quorum. Subject to the requirements of this chapter, the Advisory Board shall meet at such time and place as it may determine or upon call of the chairperson or of any 3 members of the Board. A majority of the voting members of the Board shall constitute a…
3 Del. C. § 706. Same — Formulate and submit development order.
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§ 706. Same — Formulate and submit development order. (a) Within 30 days after the election of an Agricultural Commodity Advisory Board by the producers of a particular commodity, the Advisory Board shall meet and formulate a development order establishing a program to assist suc…
3 Del. C. § 707. Same — Additional powers and duties.
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§ 707. Same — Additional powers and duties. (a) The Agricultural Commodity Advisory Board shall: (1) Adopt and administer rules and regulations for the administration of the development order; (2) Recommend amendments to the order, such amendments to be adopted only after a refer…
3 Del. C. § 708. Powers and duties of Secretary.
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§ 708. Powers and duties of Secretary. (a) The Secretary, with the advice and consent of the Advisory Board, will contract and cooperate with the University of Delaware’s College of Agricultural Sciences, or with other qualified agencies, persons or organizations, to meet the pur…
3 Del. C. § 709. Fees to defray expenses.
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§ 709. Fees to defray expenses. (a) For the purpose of providing funds to defray the necessary expenses incurred by the Secretary and the Advisory Board in formulating, submitting to referendum, issuing, administering and enforcing an agricultural commodity development order, the…
3 Del. C. § 710. Compensation of Board.
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§ 710. Compensation of Board. Each member of the Advisory Board, except the Secretary, shall be entitled to a reasonable per diem to be fixed in the development order and actual expenses incurred while attending Board meetings, but only actual expenses incurred while engaged in o…
3 Del. C. § 711. Legal counsel.
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§ 711. Legal counsel. The Advisory Board may appoint an attorney who shall act for the Board and the Secretary when required. The Board shall fix the compensation and terms of employment of such attorney.62 Del. Laws, c. 176, § 1;
3 Del. C. § 712. Records of Advisory Board.
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§ 712. Records of Advisory Board. All of the records of the Advisory Board shall be public records and shall be available for inspection for any lawful purpose; provided, however, that the Advisory Board shall be empowered to make reasonable rules and regulations concerning the t…
3 Del. C. § 713. Refund of fees.
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§ 713. Refund of fees. Any producer, by the use of forms to be provided by the Secretary and upon presentation of such proof as the Secretary and Advisory Board may require by rule or regulation, may have the fee paid pursuant to this chapter refunded to him or her. Such request …
3 Del. C. § 714. Termination of order.
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§ 714. Termination of order. (a) The Advisory Board shall suspend or terminate a development order whenever it finds, after a public hearing or hearings, that an order is contrary to or does not tend to effectuate the purposes or provisions of this chapter, provided that such sus…
3 Del. C. § 715. Expenditure of funds upon termination of order.
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§ 715. Expenditure of funds upon termination of order. Any funds remaining with the Advisory Board after the termination of a development order shall be expended to meet existing legal obligations of the Board. Any surplus remaining shall be expended for research purposes or othe…
3 Del. C. § 716. Association not illegal.
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§ 716. Association not illegal. No activity, including meetings, undertaken in pursuance of the sections of this chapter that are intended to benefit the procedures, handlers and processors of such agricultural commodity shall be deemed or considered illegal or in restraint of tr…
3 Del. C. § 717. Penalty.
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§ 717. Penalty. Any person who violates any provision of this chapter or rule or regulation of an Agricultural Commodity Advisory Board promulgated pursuant to the sections of this chapter is guilty of a class C misdemeanor. Justices of the peace shall have jurisdiction over all …