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Title 3 — Agriculture

title-33 Del. C.CodeJan 1, 1900

Open source

Part I Department of Agriculture

Chapter 1 General Provisions

§ 101 Powers.
§ 102 Entry on lands.
§ 103 Periodic examination.
§ 104 Failure to mark packages of fruit.
§ 105 Appropriations for agricultural societies.
§ 106 Dairy risk management assistance program.
§ 107 Lyme disease control.

Chapter 3 Marketing

§ 301 Duties.
§ 302 Powers; fees; Department of Agriculture’s Inspection Fund; annual reports.
§ 303 Expenses.
§ 304 Employees.
§ 305 Delaware Agriculture Marketing Fund.
§§ 311-314 [Reserved.]

Chapter 4 Delaware Aquaculture Act

§ 401 Short title.
§ 402 Declaration of purpose.
§ 403 Definitions.
§ 404 Aquaculture technical assistance and marketing program.
§ 405 Limitations.
§ 406 Authority of the Department.
§ 407 Fee fishing operations.
§ 408 Aquaculture registration.
§ 409 Suspension or revocation of registration.
§ 410 Aquaculture facility protection.
§ 411 Aquaculture facility protection.

Chapter 5 State Chemist

§ 501 Appointment.
§ 502 Compensation.
§ 503 False analysis, penalty.
§ 504 [Reserved.]

Chapter 6 Delaware Viticulture Act

§ 601 Short title.
§ 602 Declaration of purpose.
§ 603 Definitions.
§ 604 Viticulture technical assistance and marketing program.
§ 605 Delaware Viticulture Council.

Chapter 7 Agricultural Commodities Development Act

§ 701 Short title.
§ 702 Purpose; construction.
§ 703 Definitions.
§ 704 Agricultural Commodity Advisory Boards — Creation; membership; election; term; organization.
§ 705 Same — Meetings; quorum.
§ 706 Same — Formulate and submit development order.
§ 707 Same — Additional powers and duties.
§ 708 Powers and duties of Secretary.
§ 709 Fees to defray expenses.
§ 710 Compensation of Board.
§ 711 Legal counsel.
§ 712 Records of Advisory Board.
§ 713 Refund of fees.
§ 714 Termination of order.
§ 715 Expenditure of funds upon termination of order.
§ 716 Association not illegal.
§ 717 Penalty.

Chapter 8 Delaware Agricultural Production Insurance Assistance Program

§ 801 Title.
§ 802 Purpose.
§ 803 Definitions.
§ 804 Program administration.
§ 805 Premium subsidy and eligibility requirements.
§ 806 Funding.
§ 807 Annual reporting.
§ 808 Rules and regulations.

Chapter 9 Delaware Agricultural Lands Preservation Act

Subchapter I Establishment of Foundation, Advisory Boards and Fund

§ 901 Purpose, policy and intent.
§ 902 Definitions.
§ 903 Delaware Agricultural Lands Preservation Foundation.
§ 904 Duties and authority of Foundation.
§ 905 Delaware Farmland Preservation Fund.
§ 906 Farmland Preservation Advisory Boards.

Subchapter II Agricultural Preservation Districts

§ 907 Establishment of Agricultural Preservation Districts.
§ 908 Criteria for eligibility and review.
§ 909 District restrictions.
§ 910 Agricultural use protections.
§ 911 District benefits.

Subchapter III Acquisition of Preservation Easements

§ 913 Acquisition of agricultural lands preservation easements.
§ 914 Criteria for eligibility and evaluation.
§ 915 Procedure for acquisition easements.
§ 916 Valuation of easements.
§ 917 Termination of easement.
§ 918 Benefits of easement conveyance.

Subchapter IV Miscellaneous Provisions

§ 919 Right of rejection.
§ 920 Enforcement of restrictions.
§ 921 Funding.
§ 922 Condemnation of Preservation District lands.
§ 923 Interim Foundation staffing.
§ 924 Governmental cooperation.
§ 925 Recording.
§ 926 Tax status.
§ 927 Judicial review.
§ 928 Public hearings.
§ 929 Construction of chapter.
§ 930 Rules and regulations; investigations; review by Attorney General.

Subchapter V Forestland Preservation

§ 931 Purpose, policy and intent.
§ 932 Establishment of forestland preservation areas.
§ 933 Forestland preservation area criteria for eligibility and review.
§ 934 Forestland preservation area restrictions.
§ 935 Forestland use protections and benefits.
§ 936 Acquisition of forestland preservation easements.
§ 937 Forestland preservation easement criteria for eligibility and evaluation.
§ 938 Right of rejection.
§ 939 Enforcement of restrictions.
§ 940 Condemnations.
§ 941 Program participation.

Subchapter VI Farmland Purchase and Preservation Loan Program

§ 942 Purpose, policy and intent.
§ 943 Loan program.
§ 944 Loan program eligibility.
§ 945 Loan requirements and approval.
§ 946 Preservation easements.
§ 947 Preservation Loan Fund.
§ 948 Administration.
§ 949 Secretary’s veto.

Chapter 10 State Forestry

Subchapter I General Provisions

§ 1001 State agency to cooperate with individuals, public agencies and United States government.
§ 1002 State Forestry Fund.
§ 1003 Disposition of fines; report by courts of forestry law cases.
§ 1004 Agreements for prevention of forest fires.
§ 1005 Educational and research activities.
§ 1006 Distribution of tree seeds and seedlings.
§ 1007 Sale of surplus trees.
§ 1008 State forests, parks, experimental stations and demonstration areas.
§ 1009 Receipt of gifts; leases; expenditures.
§ 1010 Qualifications and appointment of State Forester.
§ 1011 Powers and duties of Department generally.

Subchapter II State Forest Officers

§ 1021 Appointment; term; oath of office.
§ 1022 General powers and duties; powers and duties within assigned district; duties of owners and lessees.
§ 1023 Fish and Wildlife Agents and police officers as ex officio state forest officers.

Subchapter III Urban and Community Forestry Program

§ 1031 Findings and policy.
§ 1032 Definitions.
§ 1033 Powers and duties.
§ 1034 Community Forestry Council.
§ 1035 Duties of State Forester.
§ 1036 Development, distribution of comprehensive community forestry plan; approval.
§ 1037 Annual report on the status of Delaware Urban and Community Forestry Program.
§ 1038 Rules, regulations.

Subchapter IV Offenses and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs

§ 1041 Wilfully or maliciously starting fires.
§ 1042 Carelessly starting fires; penalty.
§ 1043 Setting fire to woodland; unseasonable marsh burning; penalty.
§ 1044 Obstructing person in performance of duty; penalty.
§ 1045 Trees and shrubs of state forests; penalty.
§ 1046 Liability to State for expenses.
§ 1047 Jurisdiction of offenses.

Subchapter V Pine and Yellow-Poplar Tree Conservation and Reforestation

§ 1051 Findings; policy; purpose.
§ 1052 Definitions.
§ 1053 Conservation or reforestation plan required; applicability; regulations.
§ 1054 Natural regeneration; notice required upon transfer.
§ 1055 Reforestation method; notice required upon transfer.
§ 1056 Prohibitions.
§ 1057 Right of entry.
§ 1058 Cease and desist orders.
§ 1059 Injunctive relief.
§ 1060 Appeals.
§ 1061 Penalties.

Subchapter VI Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control

§ 1071 Findings; policy; purpose.
§ 1072 Definitions.
§ 1073 Conduct of silvicultural activities.
§ 1074 Cease and desist orders.
§ 1075 Injunctive relief.
§ 1076 Appeals.
§ 1077 Penalties.
§ 1078 Hearings, notices.
§ 1079 Civil penalties.
§ 1080 State program.

Part II Regulatory Provisions

Chapter 11 Plant Pests

§ 1101 Definitions.
§ 1102 Regulations and fees.
§ 1103 Discovery and suppression of plant pests.
§ 1104 Warning and information to farmers and other persons.
§ 1105 Failure to pay expenses of treating diseased plants and pests; penalty.
§ 1106 Establishment of quarantine restrictions.
§ 1107 Shipment of plant pests and biological control agents.
§ 1108 Violations and hearing procedures.
§ 1109 Appeal.
§ 1110 Civil penalties.

Chapter 12 Pesticides

Subchapter I General Provisions

§ 1201 Declaration of purpose.
§ 1202 Definitions.

Subchapter II Regulation of Sale and Use of Pesticides and Devices

§ 1203 Regulation; duties and powers of Department.
§ 1204 Registration of pesticides which do not have E.P.A. registration for intended use.
§ 1205 Revocation or suspension of registration.
§ 1206 Licensing — Required; classification.
§ 1207 Same — Procedure.
§ 1208 Same — Denial of license.
§ 1209 Same — Suspension; modification; revocation.
§ 1210 Same — Renewal of license.
§ 1211 Exemptions.
§ 1212 Registration of noncertified individuals; fee.
§ 1213 Nonresidents; service of process.
§ 1214 Permits.

Subchapter III Certification of Applicators

§ 1215 Applicability of subchapter.
§ 1216 Certification — Required.
§ 1217 Same — Standards; classifications.
§ 1218 Same — Procedure.
§ 1219 Same — Renewal of certification.
§ 1220 Same — Denial; revocation; suspension; modification.
§ 1221 Hearing procedure.
§ 1222 Appeals.
§ 1223 Reinstatement.

Subchapter IV Unlawful Acts; Penalties; Jurisdiction

§ 1224 Unlawful acts; criminal penalties; jurisdiction.
§ 1225 Civil penalties; exemptions.

Subchapter V Inspection and Seizure

§ 1226 Inspection.
§ 1227 Seizure.

Subchapter VI Pesticide Advisory Committee

§ 1228 Established.
§ 1229 Composition; appointments; terms; removal; vacancies.
§ 1230 Function.
§ 1231 Meetings.
§ 1232 Compensation.

Subchapter VII Miscellaneous

§ 1233 Reports of pesticide accidents, incidents or loss.
§ 1234 Licensee to keep records; duration; submission to Department.
§ 1235 Storing and disposal of pesticides and pesticide containers.
§ 1236 Stop sale, use or removal orders.
§ 1237 Enforcement of chapter.
§ 1238 Cooperative agreements.
§ 1239 Information.
§ 1240 Repeals.

Chapter 13 Nurseries and Nursery Stock

§ 1301 Definitions.
§ 1302 Nursery licensing requirements.
§ 1303 Inspection of nurseries and businesses, and issuance of nursery inspection certificate.
§ 1304 Plant pest infestations.
§ 1305 Shipping, labeling, and certification requirements.
§ 1306 Shipment of nursery stock into state; labeling and certification.
§ 1307 Transportation companies; receiving uncertified nursery stock; failure to notify Department.
§ 1308 Labeling and advertising of nursery stock.
§ 1309 Reciprocal agreements.
§ 1310 Violations.
§ 1311 Hearing procedures.
§ 1312 Appeals.
§ 1313 Civil penalties.

Chapter 14 Agriculture and Forestal Nuisances

§ 1401 Agricultural and forestal operations not considered nuisances; exception.

Chapter 15 Seeds

§ 1501 Definitions.
§ 1502 Label requirements; all agricultural, vegetable, flower, or tree and shrub seeds; treated; hermetically sealed.
§ 1502A Label requirements; agricultural seeds.
§ 1502B Label requirements; vegetable seeds.
§ 1502C Label requirements; flower seeds.
§ 1503 Label requirements; tree and shrub seeds.
§ 1504 Prohibitions.
§ 1505 Records.
§ 1506 Exemptions.
§ 1507 Duties and authority of the Department.
§ 1508 Seizure [Repealed].
§ 1509 Injunction without bond [Repealed].
§ 1510 Violations and prosecutions.
§ 1511 Enforcing agency [Repealed].
§ 1512 Delegation of duties [Repealed].

Chapter 16 Grain Inspection, Certification, and Grain Contracts

Subchapter I Grain Inspector Licensing; Certification of Commercial Grain Elevators, Grain Warehouses, and Other Grain Storage Facilities

§ 1601 Definitions.
§ 1602 Registration and approval.
§ 1603 Installation and operation.
§ 1604 Licensed grain inspectors.
§ 1605 Certification of commercial grain elevators, grain warehouses and other grain storage facilities.
§ 1606 Violations and penalties.
§ 1607 Enforcement; administrative rules and regulations.

Subchapter II Grain Contracts of Sale, Discount Rates and Test Weight Rates

§ 1611 Grain contracts of sale, discount rates and weight rates.

Chapter 17 Commercial Feeds

§ 1701 Title.
§ 1702 Enforcing agency.
§ 1703 Definitions of words and terms.
§ 1704 Registration.
§ 1705 Labeling.
§ 1706 Registration fees.
§ 1707 Adulteration.
§ 1708 Misbranding.
§ 1709 Inspections; sampling; analysis.
§ 1710 Regulations.
§ 1711 Detained commercial feeds; “withdrawal from distribution” orders; condemnation and confiscation.
§ 1712 Penalties.
§ 1713 Publications.
§ 1714 Cooperation with other entities.

Chapter 19 Liming Materials

§ 1901 Title.
§ 1902 Enforcing agency.
§ 1903 Definitions of words and terms.
§ 1904 Labeling.
§ 1905 Prohibitions.
§ 1906 Registration.
§ 1907 Registration fees.
§ 1908 Inspection fees.
§ 1909 Sampling; analysis.
§ 1910 Penalties.
§ 1911 Assessment for deficiency.
§ 1912 Rules and regulations.
§ 1913 Publications.
§ 1914 Delegation of duties.

Chapter 20 State-Owned Agricultural Land Leases

§ 2001 Definitions.
§ 2002 Notice requirements.

Chapter 21 Commercial Fertilizers and Soil Conditioners

§ 2101 Title.
§ 2102 Enforcing agency.
§ 2103 Definitions of words and terms.
§ 2104 Registration.
§ 2105 Labels.
§ 2106 Inspection fees and tonnage reports.
§ 2107 Inspection; sampling; analysis.
§ 2108 Plant food deficiency.
§ 2109 Commercial value.
§ 2110 Misbranding.
§ 2111 Adulteration.
§ 2112 Publications.
§ 2113 Rules and regulations.
§ 2114 Fertilizer and soil conditioner short in weight.
§ 2115 Cancellation of registrations.
§ 2116 “Stop sale” orders.
§ 2117 Seizure, condemnation, and sale.
§ 2118 Violations.
§ 2119 Hearing required.
§ 2120 Appeals.
§ 2121 Exchanges between manufacturers.
§ 2122 Delegation of duties.
§ 2123 Cooperation with other entities.

Chapter 22 Nutrient Management

Subchapter I General Provisions

§ 2201 Declaration of purpose.
§ 2202 Definitions.

Subchapter II Delaware Nutrient Management Commission

§ 2220 Delaware Nutrient Management Commission; general powers and duties.
§ 2221 Adoption of regulations; voting; considerations.
§ 2222 Composition; appointment; qualifications and term; compensation; vacancies; civil liability.

Subchapter III State Nutrient Management Program

§ 2240 State Nutrient Management Program; powers and duties of the Commission.
§ 2241 Requirement for certification; classifications.
§ 2242 Certification; applications.
§ 2243 Same — Denial.
§ 2244 Certification; applications; suspension, modification; revocation.
§ 2245 Same — Renewal.
§ 2246 Commercial processors.
§ 2247 Nutrient management plans.
§ 2248 Confined animal feeding operations subject to Clean Water Act § 402 requirements.
§ 2249 Nutrient Management Funding.
§ 2250 Composition and application of nutrients applied to turf.

Subchapter IV Complaints, Hearings and Appeals

§ 2260 Complaints; investigations; enforcement.
§ 2261 Hearings; procedural requirements.
§ 2262 Certification appeals.
§ 2263 Appeals to the Secretary.

Subchapter V Enforcement, Suits for Enforcement, and Incentives

§ 2280 Enforcement; fines and penalties [Repealed].
§ 2281 Suits for enforcement.
§ 2282 Protection from enforcement.

Subchapter VI Program Reports

§ 2290 Annual reports.

Chapter 23 Irrigation Preservation

§ 2301 Agricultural lands and use of treated wastewater effluent.

Chapter 24 Noxious Weed Control

§ 2401 Declared public and common nuisance.
§ 2402 Department of Agriculture — Investigations; designation of species; rules; programs of control; acceptance of grants; Weed Advisory Committee.
§ 2403 Same — Agreements relating to eradication.
§ 2404 Importation; transportation; elimination.
§ 2405 Prosecution of violations.
§ 2406 Hearing procedure and appeals.
§ 2407 Penalties.
§ 2408 Cutting and spraying of noxious weeds by the Department of Transportation.

Chapter 25 Dealers in Agricultural Products

§ 2501 Definitions.
§ 2502 License required of dealer.
§ 2503 Dealers licensed annually.
§ 2504 License fee; bond required; exceptions to bond requirement.
§ 2505 Execution of bond; bond form; action upon bond.
§ 2506 Renewal of license.
§ 2507 Fees collected.
§ 2508 Dealer to keep records.
§ 2509 Secretary’s authority to investigate; proceedings on complaints.
§ 2510 Refusal or revocation of license; hearing.
§ 2511 Penalty.

Chapter 26 Commercial Forest Plantations

§ 2601 Commercial forest plantation.
§ 2602 Application for exemption; requirements; examination.
§ 2603 Removal of exempt commercial forest plantation from county assessment books.
§ 2604 Voluntary withdrawal of land from exempt status; requirements.
§ 2605 Restrictions on use of timber.
§ 2606 Inspections.
§ 2607 Removal of lands from exempt status by Department; notice; hearing; appeal.

Chapter 27 Nuisance Plants

§ 2701 Purpose [Repealed].
§ 2702 Definitions [Repealed].
§ 2703 Nuisance Plant Committee [Repealed].
§ 2704 Violations; penalties [Repealed].
§ 2705 Settlement agreement [Repealed].
§ 2706 Hearing procedure; appeals [Repealed].
§ 2707 Regulations [Repealed].

Chapter 28 Industrial Hemp

§ 2800 Short title.
§ 2801 Definitions.
§ 2802 Industrial hemp — Agricultural academic research.
§ 2803 Fees.

Chapter 29 Invasive and Potentially Invasive Plants

§ 2901 Purpose.
§ 2902 Definitions.
§ 2903 Restrictions on invasive and potentially invasive plants.
§ 2904 Regulations; designation of plants.
§ 2905 Acceptance of grants.
§ 2906 Violations.
§ 2907 Hearing procedure; appeals.

Part III Marketing of Agricultural Products

Chapter 31 Milk, Cream and Other Milk Products; Containers

Subchapter I General Provisions

§ 3101 Standard measure for milk or cream; sale by butterfat content.
§ 3102 Unlawful sales of milk or cream; penalty.
§ 3103 Permit for receiving milk or cream; exceptions.
§ 3104 Definition of condensed, evaporated and concentrated milk.
§ 3105 Sale of condensed, evaporated or concentrated milk.
§ 3106 Sales of milk or cream under fictitious, coined, or trade names.
§ 3107 Penalty for violating § 3104, 3105 or 3106.
§ 3108 Enforcement of chapter.
§ 3109 Mastitis analysis of milk samples; appropriations; allocations.

Subchapter II Butterfat Content; Babcock Test

§ 3111 Babcock test requirement.
§ 3112 Licensed tester.
§ 3113 Qualifications and duties of licensed tester; fee; renewal of license.
§ 3114 Licensed weigher and sampler; qualifications and duties; fee; renewal of license.
§ 3115 Frequency of testing, holding, retesting and reporting.
§ 3116 Percentage of fat used as basis of payment.
§ 3117 Approved weight or measure or butterfat test as basis of payment.
§ 3118 Butterfat statement given producers; contents.
§ 3119 Authority to enter premises and examine books, records and testing apparatus.
§ 3120 Violations and penalties.
§ 3121 Persons responsible for violations.
§ 3122 Payment of fines and other money; disposition.
§ 3123 Purchase of milk or cream by state institutions.

Subchapter III Standard Babcock Testing Equipment

§ 3131 Approved testing glassware and utensils.
§ 3132 Specifications for standard Babcock testing glassware.
§ 3133 Inspection and marking of Babcock test bottles.
§ 3134 Violations and penalties.

Subchapter IV Containers for Dairy Products

§ 3141 Registration of markings on containers.
§ 3142 Use of registered containers.
§ 3143 Deposits on containers.
§ 3144 Confiscation by owner of unlawfully used containers.
§ 3145 Sterilization of bottles.
§ 3146 Violations and penalties.
§ 3147 Jurisdiction of offenses.
§ 3148 Appeals; bond; time for taking.
§§ 3149, 3150 Jurisdiction of offenses; appeals; bond; time for taking [Transferred].

Subchapter V Dealers’ and Handlers’ Bonds

§ 3161 Requirement of bond; amount.
§ 3162 Computation of amount; milk from another state.
§ 3163 Filing by dealer not engaged in business during preceding year.
§ 3164 Time of filing; period effective.
§ 3165 Surety requirements.
§ 3166 Substitutions.
§ 3167 Financial statement; acceptance in lieu of surety.
§ 3168 Increase of bond.
§ 3169 Decrease in bond.
§ 3170 Bonds, collateral, etc., deposited with State Treasurer.
§ 3171 Income from collateral.
§ 3172 Suit upon bond.
§ 3173 Order of Department of Agriculture.
§ 3174 Distribution of proceeds of bond or collateral.

Subchapter VI Fresh Milk and Raw Milk [For application of this subchapter, see 84 Del. Laws, c. 434, § 4]

§ 3175 Statement of purpose [For application of this section, see 84 Del. Laws, c. 434, § 4].
§ 3176 Definitions [For application of this section, see 84 Del. Laws, c. 434, § 4].
§ 3177 Labeling of fresh and raw milk [For application of this section, see 84 Del. Laws, c. 434, § 4].
§ 3178 Raw milk permit [For application of this section, see 84 Del. Laws, c. 434, § 4].
§ 3179 Actions authorized and required by a raw milk permit [For application of this section, see 84 Del. Laws, c. 434, § 4].
§ 3180 Penalty [For application of this section, see 84 Del. Laws, c. 434, § 4].
§ 3181 Regulatory authority and enforcement [For application of this section, see 84 Del. Laws, c. 434, § 4].

Chapter 32 Northeast Interstate Dairy Compact [Repealed].

§§ 3201-3204 The State of Delaware to enter into Compact; provisions thereof; the Delaware Delegation to the Northeast Interstate Dairy Compact; duties of the Secretary of Agriculture; civil penalties [Repealed].

Chapter 35 Eggs

§ 3501 Definitions.
§ 3502 Standards; grades; size-weight classes.
§ 3503 Official quality grades and weight classes.
§ 3504 Labeling.
§ 3505 Advertising of eggs.
§ 3506 Limitation in use of descriptive terms.
§ 3507 Invoice requirements.
§ 3508 Sanitation and related matters.
§ 3509 Sale of eggs unfit for human consumption.
§ 3510 Exemptions.
§ 3511 Enforcement.
§ 3512 Power of enforcement officers.
§ 3513 Violations and penalties.

Part IV [Reserved.]

Chapter 63 Powers and Duties; Inspection and Vaccination of Poultry Flocks and Hatcheries

§ 6301 Powers and duties of Department.
§ 6302 Inspection and certification of poultry flocks and hatcheries; rules and regulations.
§ 6303 Revocation of certification.
§ 6304 Violations of certification; penalties; jurisdiction.
§ 6305 Cooperation with United States Department of Agriculture.
§ 6306 Vaccination personnel; sanitary requirements.
§ 6307 Rules and regulations pertaining to vaccination of poultry.
§ 6308 Violation of vaccination requirements; penalties.

Chapter 67 Biological Products for Use in Animals and Poultry

§ 6701 Definitions.
§ 6702 Application of chapter.
§ 6703 Requirements.
§ 6704 Refusal of permission to distribute; exemptions.
§ 6705 Penalties; jurisdiction.

Part VI Domestic and Foreign Animals, Birds, Reptiles and Insects

Chapter 71 Animal Health

§ 7101 Duties and powers of Department of Agriculture; construction with Chapter 63.
§ 7102 Assistants or agents; supplies; oaths of appraisers; examinations.
§ 7103 Administration of hog-cholera vaccine.
§ 7104 Entry on premises for examination.
§ 7105 Violations; penalties.
§ 7106 Expenses.
§ 7107 Compensation for animals condemned and killed.
§ 7108 Feeding of garbage to hogs prohibited; exception; penalty.

Chapter 72 Possession of Mammals or Reptiles Exotic to Delaware

§ 7201 Possession; permit required.
§ 7202 Permit; rules and regulations; exemptions.
§ 7203 Penalties.

Chapter 73 Control and Eradication of Cattle Diseases

Subchapter I Bovine Tuberculosis and Other Cattle Diseases

§ 7301 Importation of cattle.
§ 7302 Enforcement of importation requirements; rules and regulations.
§ 7303 Violations of importation requirements; penalties; jurisdiction.
§ 7304 Importation of Texas or Cherokee cattle; penalty.
§ 7305 Sale of animals with pleuro-pneumonia; penalties.
§ 7306 Possession of cattle having pleuro-pneumonia; notice; penalties.
§ 7307 Condemnation and disposal of cattle reacting to tuberculin test.
§ 7308 Conditions of payment for destruction of tubercular cattle.
§ 7309 Payment for cattle condemned for tuberculosis.

Subchapter II Bang’s Disease

§ 7321 Blood test upon request of owner.
§ 7322 Rules and regulations; quarantine orders.
§ 7323 Vaccination of calves.
§ 7324 Moving of unvaccinated cattle; exceptions.
§ 7325 Report of veterinarians; vaccination identification; noncompliance.
§ 7326 Application for herd test; tagging and removal of reactors.
§ 7327 Tests of herds under state-federal supervision; disposition of reactors.
§ 7328 Slaughter of condemned animals.
§ 7329 Payment for cattle condemned.
§ 7330 Cleaning of premises after finding reactors.
§ 7331 Quarantine for refusal to place herd under supervision.
§ 7332 Quarantine and testing of modified accredited areas.
§ 7333 Quarantine of cattle of owners not participating in area plan.
§ 7334 Movement of cattle into or within enrolled area.
§ 7335 Interference with conduct of test.
§ 7336 Certification as modified accredited area.
§ 7337 Refusal by owner to retest.
§ 7338 Violations; penalties; jurisdiction; disposition of fines.

Chapter 74 Equine Infectious Anemia

§ 7401 Definitions.
§ 7402 Equine Infectious Anemia suspected; notification.
§ 7403 Rules and regulations; quarantine orders.
§ 7404 Diagnosis and testing; expense.
§ 7405 Destruction of condemned equines.
§ 7406 Payment for equines condemned.
§ 7407 Violations and penalties.

Chapter 75 Bee Keeping

§ 7501 Definitions.
§ 7502 State Apiarist and inspectors; appointment, duties and powers.
§ 7503 Inspection; quarantine; destruction of bees; appeal.
§ 7504 Registration of bees with State Apiarist.
§ 7505 Structure of hives.
§ 7506 Exposure of diseased, infested or infected bees or equipment; notice.
§ 7507 False information; interference with Apiarist or inspectors.
§ 7508 Precautions against spread of disease.
§ 7509 Movement of bees, equipment or appliances from infected apiary.
§ 7510 Importation of bees or used bee equipment or appliances.
§ 7511 Inspection of queen-rearing apiaries.
§ 7512 Violations and penalties.
§ 7513 Importation of queens, combless packages or nucleus colonies.

Chapter 76 Registration of Livestock Dealers

§ 7601 Declaration of purpose.
§ 7602 Definitions.
§ 7603 License required; fee.
§ 7604 Exemption from license.
§ 7605 Revocation of license; right of appeal.
§ 7606 Rules and regulations.
§ 7607 Violations.

Chapter 77 Stray Livestock

§ 7700 Definitions
§ 7701 Permitting livestock to run at large; civil penalty.
§ 7702 Taking up and impounding livestock at large.
§ 7703 Damage by livestock at large.
§ 7704 Livestock disposition.
§ 7705 Exceptions.
§ 7706 Accidental escape of livestock; liability of owners.
§ 7707 Enforcement; disposition of civil penalties.
§ 7708 [Reserved.]

Chapter 79 Miscellaneous Provisions Concerning Animals [Repealed].

§ 7901 Delaware Society for the Prevention of Cruelty to Animals [Repealed].
§ 7902 Enforcement of laws for protection of animals [Repealed].
§ 7903 Fines and penalties in certain cases; disposition [Repealed].
§ 7904 Service of process [Repealed].
§ 7905 Impoundment [Repealed].
§§ 7906, 7907 [Reserved.]

Chapter 80 Animals Held in Shelter

§ 8001 Definitions.
§ 8002 Shelter care and treatment.
§ 8003 Animal adoption, recovery, and rehabilitation.
§ 8004 Euthanasia in animal shelters.
§ 8005 Proper facilities required.
§ 8006 Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court.
§ 8007 Record keeping and reporting.

Chapter 81 Exotic Avian Species

§ 8101 Inspection of exotic avian species; name of seller; bills of sale.
§ 8102 Death losses exceeding 10 percent.
§ 8103 Quarantine orders.
§ 8104 Destruction of exotic avian species.
§ 8105 Rules and regulations.
§ 8106 Penalties.

Chapter 82 Rabies Control in Animal and Human Populations

Subchapter I Rabies Control in Animal and Human Populations

§ 8201 Purpose of chapter.
§ 8202 Definitions.
§ 8203 Reporting of rabies.
§ 8204 Rabies vaccination required for dogs, cats, and ferrets; antirabies clinics.
§ 8205 Prohibition of vaccination of certain animals for rabies.
§ 8206 Prohibition on the importation of certain animals.
§ 8207 Disposition of animals exposed to rabies.
§ 8208 Responsibility and liability of owner of dog, cat, or ferret for quarantine when dog, cat, or ferret is known or suspected to have exposed a human being to rabies.
§ 8209 Disposition and quarantine of animal other than dog, cat, or ferret which exposes a human being to rabies.
§ 8210 Submission of animal for rabies testing and examination during quarantine.
§ 8211 Joint regulatory powers of Department of Natural Resources and Environmental Control, Department of Agriculture, Department of Health and Social Services, Division of Public Health; quarantine and areawide emergencies.
§ 8212 Enforcement.
§ 8213 Court jurisdiction.

Subchapter II Animal Population Control Program and Spay/Neuter Fund

§ 8214 Short title.
§ 8215 Findings.
§ 8216 Purpose.
§ 8217 Definitions.
§ 8218 Funding.
§ 8219 Eligibility; division of Spay/Neuter Fund proceeds.
§ 8220 Preadoption spay/neuter mandate.
§ 8221 Enforcement, violations and penalties.
§ 8222 Program administration.
§ 8223 Veterinarian participation.
§ 8224 Veterinarian services tax credit [Repealed].
§ 8225 Performance measurement.

Part VII Cooperative Agricultural Associations or Corporations

Chapter 85 Corporation Law for Cooperative Agricultural Associations

Subchapter I Formation, Powers, Bylaws and Dissolution

§ 8501 Definitions.
§ 8502 Formation of associations; advertisement of intention to apply for charter.
§ 8503 Articles of association; contents; acknowledgment.
§ 8504 Certificate of incorporation; issuance and recording.
§ 8505 Existing domestic corporations.
§ 8506 Reincorporation of foreign associations; procedure; effect.
§ 8507 General powers of associations.
§ 8508 Specific powers of associations.
§ 8509 Adoption of bylaws.
§ 8510 Provisions of bylaws.
§ 8511 Exclusive buy and sell requirements of bylaws; liquidated damages; enforcement.
§ 8512 Amendment of articles of association.
§ 8513 Dissolution of associations.
§ 8514 Sale of assets.
§ 8515 Registered office in State; principal office or place of business in State.

Subchapter II Directors and Officers

§ 8521 Directors; duties; election; term; vacancies.
§ 8522 Officers; appointment; terms; vacancies; bonds.
§ 8523 Removal of directors and officers.

Subchapter III Stock and Stockholders; Financial Operations

§ 8531 Issue, redemption and transfer of stock.
§ 8532 Dividends on stock.
§ 8533 Liability of stockholders and officers for debts of association.
§ 8534 Voting rights of stockholders.
§ 8535 Patronage refunds.
§ 8536 Reserve fund.
§ 8537 Revolving reserve fund.
§ 8538 Annual audit and report.

Subchapter IV Marketing Contracts; Actions; Restraint of Trade and Monopoly

§ 8541 Purchases; sales; contracts with stockholders and patrons.
§ 8542 Permissive provisions of marketing contracts.
§ 8543 Title to products sold by stockholders and patrons to association.
§ 8544 Suits by association against buyers; joinder of stockholder or patron.
§ 8545 Joinder of claims in suits by associations.
§ 8546 Monopoly and restraint of trade.

Subchapter V Violations and Penalties

§ 8551 Prohibited acts.
§ 8552 Penalties; civil liabilities; injunctions.

Subchapter VI Miscellaneous Provisions

§ 8561 Exemption from state taxation.
§ 8562 Foreign associations or corporations.

Part VIII Meat and Poultry Inspection

Chapter 87 Meat and Poultry Products Inspection

§ 8701 Short title.
§ 8702 Enforcing agency.
§ 8703 Definitions.
§ 8704 Adulterated products.
§ 8705 Misbranded products.
§ 8706 Purpose.
§ 8707 Powers of Secretary.
§ 8708 Additional powers of Secretary.
§ 8709 Licenses.
§ 8710 Prohibited acts.
§ 8711 Additional prohibited acts.
§ 8712 Offenses.
§ 8713 Offenses; penalties.
§ 8714 Inspection; exception.
§ 8715 Inspection and seal.
§ 8716 Detention of certain goods, products or animals.
§ 8717 Forfeiture of certain goods, products or animals.
§ 8718 Appeal and jurisdiction.
§ 8719 Penalties generally.
§ 8720 Powers of Secretary; investigation; record keeping.
§ 8721 Application of chapter.

Part IX Interstate Compacts

Chapter 90 Pest Control Compact

Subchapter I General Provisions

§ 9001 Enactment; form.

Subchapter II Effectuation

§ 9022 Cooperation.
§ 9023 Filing of bylaws.
§ 9024 Compact administrator.
§ 9025 Request.
§ 9026 Appropriations.
§ 9027 Definition.

Chapter 91 Middle Atlantic Interstate Forest Fire Protection Compact

§ 9101 Approval of compact; text.
§ 9102 Effective date of compact.
§ 9103 Compact administrator.

Part X Horse Racing

Chapter 100 Harness Racing

Subchapter I Delaware Harness Racing Commission

§ 10001 Definitions.
§ 10002 Secretary; powers and duties.
§ 10003 Composition; appointment; qualifications and term; compensation; vacancies.
§ 10004 Removal of Commissioner from office.
§ 10005 Purpose; powers and duties.
§ 10006 Office, meetings and quorum.
§ 10007 Employees.
§ 10008 Secretary’s duties.
§ 10009 Operational expenses; use of revenues; commission positions; use of lottery revenues.
§ 10010 Annual report.
§ 10011 [Reserved.]
§ 10012 License to participate in racing.
§ 10013 License to officiate at race meets.
§ 10014 License to work for a race meet licensee.
§ 10015 Special powers of the Commission.
§ 10016 Administrative inspection warrants.

Subchapter II License to Conduct Harness Racing Meet; Taxes

§ 10022 License as required.
§ 10023 Application; rejection; award of dates and maximum racing days; qualifications for license.
§ 10024 Application fee and license fee.
§ 10025 Issuance.
§ 10026 Suspension or revocation; appeal.
§ 10027 Rules of United States Trotting Association.
§ 10028 Inspection of racing premises prior to meet.
§ 10029 Rules, regulations and special powers of Commission.
§ 10030 Licensee’s annual financial statement.
§ 10031 [Reserved.]
§ 10032 Delaware-owned or bred races.

Subchapter III Regulatory Provisions, Offenses and Penalties

§ 10042 Application of chapter.
§ 10043 Liability insurance of licensee.
§ 10044 Limitation on compensation that may be paid by licensee.
§ 10045 Enforcement.
§ 10046 Aiding or abetting in unlicensed meet; penalty.
§ 10047 Failure of licensee to pay tax on admissions; penalty.
§ 10048 Restrictions on licensee acting as video lottery agent.
§ 10049 Fraudulent written statements; class A misdemeanor.
§ 10050 Fraudulent certificate of registration or eligibility documents; class G felony.

Subchapter IV Wagering or Betting by Pari-Mutuel Machines or Totalizators

§ 10052 Place for wagering.
§ 10053 License to conduct pools; application; qualifications.
§ 10054 Revocation of license.
§ 10055 Rules, regulations and special powers of Commission.
§ 10056 Tax on pari-mutuel and totalizator pools; special fund.
§ 10057 Licensee’s commissions on pari-mutuel and totalizator pools.
§ 10058 Deduction of federal taxes from total of contributions.
§ 10059 Disposition of moneys for unclaimed pari-mutuel tickets [Repealed].
§ 10060 Combined pari-mutuel pools on interstate simulcast wagering.
§ 10061 Tax enforcement.

Subchapter V Delaware Standardbred Breeders’ Program Fund

§ 10081 Title and established.

Chapter 101 Horse Racing

Subchapter I Delaware Thoroughbred Racing Commission

§ 10101 Composition, appointment, qualifications and term; Chairman and Secretary; compensation; vacancies and reappointment.
§ 10102 Removal of Commissioner from office.
§ 10103 Powers, duties and jurisdiction.
§ 10104 Oath and bond; failure to furnish.
§ 10105 Meetings; office; and quorum.
§ 10106 Secretary’s duties.
§ 10107 Employees.
§ 10108 Operational expenses; use of revenues; stewards; use of lottery revenues.
§ 10109 Annual report.
§ 10110 Administrative inspection warrants.

Subchapter II License to Conduct Racing Meet; Taxes

§ 10121 License to conduct racing for stake, purse or reward.
§ 10122 Application; inspections and examinations; rejection; award of dates and maximum racing days.
§ 10123 Application and license fees.
§ 10124 Issuance; terms and conditions.
§ 10125 Suspension or revocation; appeal.
§ 10126 Required condition contained in every license [Repealed].
§ 10127 Inspection of racing premises prior to meet.
§ 10128 Rules, regulations and special powers of Commission.
§ 10129 Licensee’s annual financial statement.
§ 10130 [Reserved.]
§ 10131 License to participate in racing.

Subchapter III Regulatory Provisions, Offenses and Penalties

§ 10141 Application of chapter.
§ 10142 [Reserved.]
§ 10143 Liability insurance of licensee.
§ 10144 Limitation on payment of compensation.
§ 10145 Minimum purse, stake or reward.
§ 10146 Aiding or abetting in unlicensed meet; penalty; enforcement.
§ 10147 Failure of licensee to pay taxes on admissions; penalty.
§ 10148 Restrictions on licensee acting as video lottery agent.

Subchapter IV Wagering or Betting by Pari-Mutuel Machines or Totalizators

§ 10161 Place of conducting pari-mutuel betting.
§ 10162 License to conduct pari-mutuel or totalizator pools; application for and qualifications of licensee; grant of license.
§ 10163 Revocation of license.
§ 10164 Rules, regulations and special powers of Commission; subpoenas; contempt; perjury.
§ 10165 Tax on pari-mutuel income.
§ 10166 Licensee’s commissions on pari-mutuel and totalizator pools.
§ 10167 No deduction for federal taxes for purposes of §§ 10165 and 10166.
§ 10168 Disposition of moneys for unclaimed pari-mutuel tickets [Repealed].
§ 10169 Combined pari-mutuel pools on interstate simulcast wagering.
§ 10170 Tax enforcement.
§ 10171 Jockeys Health and Welfare Benefit Fund.

Subchapter V Interstate Anti-Doping and Drug Testing Standards Compact

§ 10180 Short title.
§ 10181 Compact.

Chapter 102 Interstate Licensing Compact

§ 10200 Short title.
§ 10201 Compact.
§ 10202 Purposes.
§ 10203 Definitions.
§ 10204 Entry into force, eligible parties, and withdrawal.
§ 10205 States eligible to join Compact.
§ 10206 Withdrawal from Compact and impact thereof on force and effect of Compact.
§ 10207 Compact Committee.
§ 10208 Powers and duties of Compact Committee.
§ 10209 Voting requirements.
§ 10210 Administration and management.
§ 10211 Immunity from liability for performance of official acts and duties.
§ 10212 Rights and responsibilities of each party state.
§ 10213 Construction and severability.

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