3 Del. Admin. Code — Agriculture

100 Office of the Secretary

101 On-Farm Home Processing of Non-Potentially Hazardous Foods

3 Del. Admin. Code § 101-1.0 Authority

This regulation is written under the authority of Title 3, Chapters 1 and 3, and Sections 101 and 302 of the Delaware Code.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-2.0 Purpose

This regulatory foundation establishes standards of practice for on-farm home food processing operations that safeguard public health and provide consumers with food that is safe, unadulterated, and honestly presented.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-3.0 Scope

This regulatory foundation sets forth definitions, describes operator qualifications, establishes operational food safety and physical facility requirements, and provides the regulatory authority with procedures to ensure compliance with this foundation.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-4.0 Construction

4.1 This regulatory foundation shall be construed and interpreted to ensure the maximum protection of the public health and to reduce the risk of foodborne illness, while exempting certain small food processors, who process and produce specified non-potentially hazardous products on-farm utilizing domestic kitchens, from the statutory requirements of Title 16 Del.C. §122 and §134, and from the regulatory requirements of State of Delaware Food Code; and the program will ensure protection of the public health through processor compliance with regulatory requirements of the On-farm Home Food Processing Program.

4.2 Where a conflict with local custom or usage arises, the regulatory authority will enforce this foundation in a manner that applies sound scientific principles in a consistent and impartial manner.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-5.0 Definitions

The following words and terms when used in these regulations mean:

“Acid foods” or “acidified foods” means foods that have an equilibrium pH of 4.6 or below.

“Approved” means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

“Certified” means any on-farm home-based processor who has met the requirements of the Delaware Cooperative Extension Service’s eight (8) hours of training in sanitation, cross-contamination controls, and food security.

“Consumer” means a person who is a member of the public, takes possession of food, is not functioning as an operator of a food establishment or food processing plant, and does not offer the food for resale.

“DDA” means the Delaware Department of Agriculture

“Drinking water” means water that meets 40 CFR 141 National Primary Drinking Water Regulations; and is traditionally known as "potable water."

“Dry storage area” means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods such as single-service items.

“Easily cleanable” means a characteristic of a surface that allows effective removal of soil by normal cleaning methods; and is dependent on the material, design, construction, and installation of the surface; and varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.

“Easily movable” means portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.

“Equipment” means an article that is used in a food processing operation such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine.

“Exclude” means to prevent a person from working as a food employee or entering a food establishment, except for those areas open to the general public.

“Farm” means a place where agricultural commodities are grown, raised, or harvested for commercial purposes. “Farm” includes a place where, for commercial purposes crops are grown and harvested; fruit, nuts, or other agricultural commodities are harvested from trees; or animals are raised, fed, and managed for meat or other agricultural commodities.

“Farmers’ market” means a physical location listed with the Delaware Department of Agriculture for the direct-to-consumer marketing of limited Delaware/Delmarva grown and produced food products.

“Food” means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

“Food-contact surface” means a surface of equipment or a utensil with which food normally comes in contact; or a surface of equipment or a utensil from which food may drain, dip, or splash into a food, or onto a surface normally in contact with food.

“Hazard” means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.

“Home” means a primary residence occupied by the processor, that contains only two (2) ranges, ovens, or double-ovens, and no more than three (3) refrigerators used for cold storage. This equipment shall have been designed for home use and not for commercial use, and shall be operated in the kitchen within the residence

“Home-based processor” means a farmer who, in the farmer’s home, produces or processes whole fruit and vegetables, baked cakes, muffins, or cookies with a water activity of .85 or less, candy (non-chocolate), containerized fruit preparations consisting of jellies, jams, preserves, marmalades, and fruit butters, fruit pies with an equilibrated pH of 4.6 or less, herbs in vinegar with an equilibrated pH of 4.6 or less, honey and herb mixtures, dried fruit and vegetables, spices or herbs, maple syrup and sorghum, snack items such as popcorn, caramel corn, and peanut brittle, and roasted nuts.

“Imminent health hazard” means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries, and the nature, severity, and duration of the anticipated injury.

“Label” means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of 3 Del.C. §§101 and 302 that any word, statement, or other information appearing on the label shall not be considered to be complied with unless the word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of the article, or is easily legible through the outside container or rapper;

“Law” means applicable local, state, and federal statutes, regulations, and ordinances.

“On-farm home food processing operation” means a person who, on the person’s farm, produces food items that are not potentially hazardous foods, which are limited to:

“On-farm market”, also known as farm stands, means a site on the farm where the farmer sells agricultural and value added products from his farm directly to consumers at a stand or kiosk located on or near his farm or along a road near the farm.

“Packaged” means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant.

“Permit” means the document issued by the regulatory authority that authorizes a person to conduct an on-farm food processing operation.

“Permit holder” means the entity that is legally responsible for the processing operation such as the owner or other person; and possesses a valid permit to conduct on-farm food processing operation.

“Person” means an association, corporation, individual, partnership, or other legal entity.

“pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution.

“Plumbing fixture” means a receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.

“Plumbing system” means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment.

“Potentially hazardous food (PHF)”

“Premises” means the physical facility, its contents, and the contiguous land or property under the control of the permit holder; or the physical facility, its contents, and the land or property not described above in this definition, if its facilities and contents are under the control of the permit holder and may impact food operation, personnel, facilities, or operations, and a food operation is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

“Ready-to-eat food” means food that is in a form that is edible without washing, cooking, or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form. "Ready-to-eat food" includes potentially hazardous food that is unpackaged and cooked to the temperature and time required; and raw, washed, cut fruits and vegetables; whole, raw fruits and vegetables that are presented for consumption without the need for further washing, such as at a buffet; and other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks, or shells are removed.

“Regulatory Authority” means the local, state, or federal enforcement body or authorized representative having jurisdiction over the food operation.

“Sanitization” means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance; and to adequately treat food-contact surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the product or its safety for the consumer.

“Sewage” means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

“Utensil” means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; food temperature measuring devices; and probe-type price or identification tags used in contact with food.

“Value-added” means any activity or process that allows farmers to retain ownership and that alters the original agricultural product or commodity for the purpose of gaining a marketing advantage. Value- added may include bagging, packaging, bundling, pre-cutting, etc.

“Waste water system” means that portion of a plumbing system that normally conveys liquid waste and sewage away from the fixtures and equipment of the premises of the food operation.

“Water activity (AW)” means a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-6.0 Registration

6.1 In order to be able to inspect and license on-farm home food processing operation facilities that produce non-potentially hazardous foods for commercial sale, DDA will require the registration of all on-farm premises in Delaware where non-potentially hazardous foods are processed for commercial sale. This will allow facility inspection, safeguard public health, and provide consumers with food that is safe, unadulterated, and honestly presented.

6.2 The registration form, available from DDA, shall include at a minimum the following information:

6.2.1 Name,

6.2.2 Address,

6.2.3 Telephone number of owner/processor,

6.2.4 Type of Non-potentially hazardous foods being processed,

6.2.5 The geo-reference coordinates (latitude/longitude state plane coordinates NAD 83) of the home kitchen; (if not available, DDA will provide)

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-7.0 License and Permits

7.1 The Delaware Department of Agriculture may issue an on-farm home food processing operation license to an individual who owns a farm to process non-potentially hazardous food in a home or domestic kitchen located on the individual's farm as set forth in this regulation.

7.2 All on-farm home food processing facilities that manufacture, process, pack or hold for introduction into commerce must obtain and maintain a current license (known as an On-Farm Home Food Processing License) from the Delaware Department of Agriculture Food Products Inspection Section in accordance with 3 Del.C. §§101 and 302.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-8.0 Operator qualifications

The below framework provides for the operator to possess the knowledge and demonstrate the abilities needed to safely perform production under the on-farm home food processing program.

8.1 Education and training.

8.1.1 Persons responsible for identifying sanitation failures or food contamination should have a background of education or experience, or a combination thereof, to provide a level of competency necessary for production of clean and safe food. Food handlers should receive appropriate training in proper food handling techniques and food protection principles, and should be informed of the dangers of poor personal hygiene and unsanitary practices.

8.1.2 An individual who wishes to process non-potentially hazardous foods in a domestic kitchen shall have adequate knowledge of safe food handling practices and shall have successfully completed a course offered through the Cooperative Extension Program prior to applying for a permit. The course shall be approved by DDA and provide a minimum of 8 hours of training in:

8.1.2.1 Sanitation;

8.1.2.2 Cross-contamination controls; and

8.1.2.3 Food security/defense.

8.2 Disease control:

8.2.1 Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of food, food-contact surfaces, or food-packaging materials becoming contaminated, shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected. Personnel shall be instructed to report such health conditions to the regulatory authority.

8.3 Cleanliness:

8.3.1 All persons working in direct contact with food, food-contact surfaces, and food-packaging materials shall conform to hygienic practices while on duty to the extent necessary to protect against contamination of food. The methods for maintaining cleanliness include, but are not limited to:

8.4 While operating with a license issued in accordance with this regulation, the person-in-charge shall manufacture and process only non-potentially hazardous foods such as:

8.5 While operating with a license issued in accordance with this regulation, the person-in-charge shall not process potentially hazardous foods for commercial sale such as:

8.6 While operating with a license issued in accordance with this regulation, the person-in-charge shall limit processed food production to:

8.6.1 An amount of food that can safely be produced in the domestic kitchen as evidenced by sanitation and process and cross-contamination control;

8.6.2 $50,000 of sales of on-farm home processed foods.

8.7 While operating with a license issued in accordance with this regulation, the person-in-charge shall process commercially only during times when the kitchen is not being used for domestic purposes;

8.8 While operating with a license issued in accordance with this regulation immediately before and after processing commercially, the person-in-charge shall clean and sanitize all food contact surfaces, equipment, and utensils;

8.9 While operating with a license issued in accordance with this regulation while processing commercially, the person-in-charge shall:

8.9.1 Use only building areas, equipment, and utensils that DDA has reviewed or inspected and approved;

8.9.2 Shall store ingredients for commercial manufacturing and finished manufactured food in a separate area from foods used domestically.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-9.0 Labeling

9.1 Products must be properly labeled as follows:

9.1.1 Name of product

9.1.2 Name and address of manufacturer

9.1.3 Ingredients listed in decreasing order by weight

9.1.4 Net weight or unit count

9.1.5 The following statement in ten (10) point type: “This product is home-produced and processed”

9.1.6 The date the product was processed.

9.2 Food products identified as non-potentially hazardous in these regulations and not labeled in accordance with subsection (9.1) of these regulations are deemed misbranded.

9.3 Food products identified in subsection (8.4) of Section 8 of these regulations and produced, processed, and labeled in accordance with these regulations are acceptable food products that may only be offered for sale by farmers’ markets, roadside produce stands, or the processor’s farm.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-10.0 Supervision

10.1 Responsibility for assuring compliance with all requirements of this part shall be clearly assigned to the permit holder of the processing operation.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-11.0 Washing of hands:

11.1 Employees engaged in food preparation, service, and warewashing operations shall thoroughly wash their hands and the exposed portions of their arms with soap or detergent and warm water before starting work, after smoking, eating, or using the toilet, and as often as is necessary during work to keep them clean. All persons shall keep their fingernails trimmed and clean.

11.1.1 Handwashing facilities

11.1.1.1 A supply of hand-cleansing soap or detergent shall be available from a dispensing unit at each handwashing facility. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near each handwashing facility. Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashing facilities.

11.1.1.2 Handwashing facilities, soap or detergent dispensers, hand-drying devices, and all related facilities shall be kept clean and in good repair.

11.1.1.3 Adequate hand washing facilities separate from the utensil cleaning facilities, which includes hot and cold water, single service paper towels and hand soap are required. Properly supplied hand washing facilities provided in toilet facilities located within the structure containing the domestic kitchen may suffice for this provision.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-12.0 Physical plant characteristics

The following requirements are the minimum acceptable standards for food processing areas:

12.1 Food contact surfaces shall be smooth and easily cleanable. The use of wood or glass for food preparation is not approved;

12.2 Non-food contact surfaces in the facility, including floor, walls and ceilings, shall be smooth and cleanable. The use of carpeting in the processing area is not approved;

12.3 Refrigeration: All facilities shall have a sufficient number of mechanical refrigeration units capable of holding raw materials requiring refrigeration at a minimum of 41°F. Each such mechanical refrigerator shall be equipped with a thermometer located in the warmest portion of the refrigerator;

12.4 Water supply: All facilities shall have hot and cold running water under pressure, supplied to all sinks in the processing room. If a non-public water supply is used, the laboratory results of a satisfactory water quality test (bacteriological and chemical) shall be submitted to the regulatory authority at least once each year;

12.5 Waste water system: All wastewater and other liquid waste generated during processing operations shall be disposed of through an approved wastewater system designed and installed according to law. A non-public wastewater system shall be approved and permitted by the Delaware Department of Natural Resources and Environmental Control (DNREC);

12.6 Warewashing: For manual cleaning and sanitizing of cooking equipment, and utensils, a sink of three (3) compartments shall be provided and used. A two-compartment sink, with an additional portable tub is acceptable.

12.6.1 Mechanical cleaning and sanitizing shall be conducted as follows: A domestic or home-style dishwasher may be used if the following performance criteria are met:

12.6.1.1 The dishwasher shall effectively remove physical solids from all surfaces of dishes.

12.6.1.2 The dishwasher shall sanitize dishes by the application of sufficient accumulative heat.

12.6.1.3 The operator shall provide and use daily a maximum registering thermometer or a heat thermal label to determine that the dishwasher's internal temperature is at least 150 degrees Fahrenheit after the final rinse and drying cycle;

12.6.1.4 The dishwasher shall be installed and operated according to manufacturer's instruction for the highest level possible when sanitizing the kitchen facilities' utensils and tableware. A copy of the manufacturer's instructions shall be available on the premises.

12.7 Handwashing: Adequate hand washing facilities separate from the utensil cleaning facilities, which includes hot and cold water, single service paper towels and hand soap are required. Properly supplied hand washing facilities provided in toilet facilities located within the structure containing the domestic kitchen may suffice for this provision.

12.8 Plumbing system- in the processing area shall be designed and installed according to law under a valid plumbing permit with a satisfactory plumbing inspection;

12.9 Refuse: recyclables and returnable waste generated during processing operations shall be stored in heavy duty, cleanable waste containers equipped with tight fitting lids;

12.10 Artificial lighting - (electrical lamps) in the processing area shall be protected from shattering by either shielding or an approved shatter-resistant coating;

12.11 Toilet facility: A completely enclosed toilet room equipped with a toilet and a hand washing sink shall be located on premises. The toilet room shall have a tight fitting door, and shall have either mechanical ventilation or an open-able window. The hand washing sink shall be supplied with hot and cold running water, under pressure and be supplied with liquid soap, paper towels and a wastebasket.

12.12 Exterior openings: All exterior doors and windows in the process area shall be tight fitting to prevent the entry of vermin. If these doors or windows are to be kept open for ventilation they shall be covered with screening, not less than 16 mesh to the inch. Exterior doors shall be self-closing;

12.13 Service sink - shall be provided separately for the disposal of mop water and other liquid waste;

12.14 Equipment and utensils - intended for use in food processing shall be separate from those used to cook domestic meals;

12.15 Storage areas - for both raw ingredients and finished product shall protect these items from contamination;

12.16 Ventilation - that is adequate to prevent an accumulation of excess steam, heat, and condensation on floors, walls and ceilings of the processing area shall be provided; and

12.17 Poisonous and toxic materials - shall be stored so they cannot contaminate raw ingredients, utensils, equipment, packaging materials and finished products. This requirement also applies to medicines and medical items intended for use by humans or on livestock.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-13.0 Program administration

13.1 Permit required. A person may not conduct an on-farm food processing operation without a valid permit issued by the DDA. DDA may establish and collect a fee for this permit.

13.2 Application procedure. An applicant shall submit a written application for permit using forms provided by DDA authority at least 30 days before the date planned to begin an on-farm food processing operation.

13.3 Application review. DDA will review the application and may set forth specific conditions or stipulations under which a permit will be issued to the applicant. DDA may establish and collect a fee for this review.

13.4 Inspection and approval. No food processing by the applicant or on the premises may begin without an initial approval for permit issue of DDA; such approval may be contingent upon an inspection of the premises to assess compliance with this regulatory foundation. The operator shall allow the DDA access to the premises, equipment and records of the processing operation at reasonable times to inspect and assess compliance, as required.

13.5 Variance. The applicant may request in writing a modification or waiver of any provision of this regulatory foundation, according to procedures established by DDA.

13.6 Permit retention. The permit is not transferable. The permit holder shall renew the permit when required. The permit holder shall surrender the permit and cease operations, if so ordered by DDA. By acceptance of the permit, the permit holder shall be subject to regulatory, administrative, civil, injunctive and criminal remedies authorized by law for failure to comply with this and other directives issued by competent authority.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-14.0 Violations and hearing procedures.

14.1 Failure to comply with these regulations may result in the assessment of a civil penalty.

14.2 No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or his or her designee. Administrative hearings for the provisions of this chapter shall be conducted within 30 days of the violation of this chapter. The Department shall issue a decision in writing to the person(s) charged with a violation of this chapter within 30 days of the conclusion of the administrative hearing.

14.3 The person(s) charged with a violation of this chapter will be notified in writing of the date and time of the aforementioned administrative hearing. The aforementioned person(s) shall have the right to appear in person, to be represented by counsel and to provide witnesses in his or her own behalf.

14.4 The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter.

14.5 The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested person.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-15.0 Appeal.

15.1 Any party, including an individual or corporation that feels aggrieved by decision of the Secretary or his or her designee after an administrative hearing may take appeal to the Superior Court within thirty days of the date the decision is mailed to that party by the DDA. After a full hearing, the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds therefore, shall be served upon the Secretary of the DDA.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

3 Del. Admin. Code § 101-16.0 Civil penalties.

16.1 It shall be unlawful for any person to interfere with the DDA in its effort to enforce these regulations and will subject the violator to a civil penalty of no less than $100 nor more than $1,000 per proven violation.

16.2 It shall be unlawful for any person to violate a cease and desist order issued by the DDA and will subject the violator to a civil penalty of no less than $500 nor more than $1,000 per proven violation.

16.3 The payment of penalties assessed under these regulations may be made on a payment schedule approved by the Secretary of the DDA.

History

• 17 DE Reg. 316 (09/01/13)
• 9 DE Reg. 1057 (01/01/06)
• 17 DE Reg. 316 (09/01/13)

300 Food Product Inspection

301 Food Products Inspection

3 Del. Admin. Code § 301 Food Products Inspection

300 Food Product Inspection

301 Food Products Inspection

1.0 Authority

1.1 These proposed amendments to existing Delaware regulations as well as the adoption of new regulations governing meat, poultry, and egg products inspection and the humane slaughtering of livestock are promulgated pursuant to the Department's authority specifically set forth in Section 8708(8) of Title 3 of the Delaware Code.

11 DE Reg. 1622 (06/01/08)

2.0 Purpose

2.1 The purpose of these proposed regulations is to re-establish the standards and procedures for the meat, poultry, and egg product inspection programs of Delaware as well as Delaware's humane slaughtering of livestock procedures so that they shall be equal to those imposed by the Federal Meat Inspection Act, the Federal Poultry Inspection Act, the Federal Egg Products Inspection Act and the Federal Humane Methods of Slaughter Act with respect to operations occurring within the State of Delaware.

11 DE Reg. 1622 (06/01/08)

3.0 Substantive Provisions

3.1 The Department adopts and incorporates by reference herein the rules, regulations, definitions and standards of the U.S. Department of Agriculture governing meat and meat products inspection, poultry products inspection, voluntary inspection of poultry, egg and egg products inspection and humane methods for slaughtering animals as they currently appear, and as they may be amended from time to time, at Title 9 of the Code of Federal Regulations, Subchapters A, E, and I, Parts 301 through 592, excluding Parts 390 and 391.

5 DE Reg. 1902 (4/1/02)

11 DE Reg. 1622 (06/01/08)

16 DE Reg. 196 (08/01/12)

302 Produce Safety Regulations

3 Del. Admin. Code § 302-1.0 Authority

These regulations related to the federal Food Safety Modernization Act's Produce Safety Rule are promulgated pursuant to the authority provided in 3 Del.C. § 101 (1), (3), and (6).

History

• 25 DE Reg. 166 (08/01/21)
• 25 DE Reg. 166 (08/01/21)
• 22 DE Reg. 997 (06/01/19)
• 25 DE Reg. 166 (08/01/21)

3 Del. Admin. Code § 302-2.0 Purpose

The Department of Agriculture has enforcement responsibility for the Produce Safety Rule of the Food Safety Modernization Act (FSMA), Title 21, Part 112 of the Code of Federal Regulations. The purpose of these proposed regulations is to establish the procedures for farm registration, produce inspection, on-farm produce and environmental sampling, and addressing non-compliance of regulated farms as currently appear in the FSMA and as the FSMA may be amended from time to time.

History

• 25 DE Reg. 166 (08/01/21)
• 25 DE Reg. 166 (08/01/21)
• 22 DE Reg. 997 (06/01/19)
• 25 DE Reg. 166 (08/01/21)

3 Del. Admin. Code § 302-3.0 Registration

3.1 In order to determine the farms subject to the Food Safety Modernization Act Produce Safety Rule, the Department of Agriculture will require that all farms within Delaware that grow, harvest, pack, or hold produce intended for human consumption and for sale, register with the Department of Agriculture.

3.2 The registration form, available from the Department of Agriculture, shall include at a minimum the following required fields:

3.2.1 Name

3.2.2 Address

3.2.3 Farm Location(s)

3.2.4 Telephone number and email address of owner/producer

3.2.5 Approximate average annual income from produce sales

3.2.6 Description of all produce grown

3.2.7 Seasonal Growing Period

3.3 The registration form may include additional fields as determined by the Department of Agriculture.

3.4 Forms will be provided by the Department of Agriculture and must be returned to the Department of Agriculture, annually by April 30th. The Department of Agriculture may provide the registration forms in electronic format. Other timely information may also be sent to the registrants.

History

• 25 DE Reg. 166 (08/01/21)
• 25 DE Reg. 166 (08/01/21)
• 22 DE Reg. 997 (06/01/19)
• 25 DE Reg. 166 (08/01/21)

3 Del. Admin. Code § 302-4.0 Inspections

4.1 Department of Agriculture personnel are authorized, at any time, to enter any farm or facility that grows, harvests, packs or holds produce for human consumption to:

4.1.1 Inspect the farm or facility to determine whether the rules promulgated under these regulations are being violated.

4.1.2 Request to review and copy the farm or facility's records pursuant to the federal regulations on recordkeeping.

4.1.3 Secure and test samples as needed to verify compliance.

4.2 Inspection Results will be given in an Inspectional Report form.

History

• 25 DE Reg. 166 (08/01/21)
• 25 DE Reg. 166 (08/01/21)
• 22 DE Reg. 997 (06/01/19)
• 25 DE Reg. 166 (08/01/21)

3 Del. Admin. Code § 302-5.0 Product Retention and Condemnation

5.1 In the event that the Department of Agriculture discovers produce that is contaminated, unfit for consumption, or otherwise in violation of these regulations, the Department of Agriculture is authorized at all times to seize, take possession of, condemn, destroy, or require the destruction of any covered produce that the Department of Agriculture believes to be in violation of 21 C.F.R Part 112. Enforcement actions may continue to be imposed until corrective actions are taken by the owner/producer in violation.

5.2 If objectionable conditions are found, the Inspector (working under federal authority) is obligated to report the findings to the Food and Drug Administration (FDA) and work in collaboration with FDA to control/rectify the situation.

History

• 25 DE Reg. 166 (08/01/21)
• 25 DE Reg. 166 (08/01/21)
• 22 DE Reg. 997 (06/01/19)
• 25 DE Reg. 166 (08/01/21)

3 Del. Admin. Code § 302-6.0 Program Termination

These regulations shall remain in effect for the duration of the federal Food Safety Modernization Act's Produce Safety Rule. If the federal Produce Safety Rule is abolished, then the Department of Agriculture may also abolish these regulations.

History

• 25 DE Reg. 166 (08/01/21)
• 25 DE Reg. 166 (08/01/21)
• 22 DE Reg. 997 (06/01/19)
• 25 DE Reg. 166 (08/01/21)

3 Del. Admin. Code § 302-7.0 Violations and Hearing Procedures

7.1 Failure to comply with this chapter shall result in the assessment of a civil penalty.

7.2 No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or the Secretary's designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29 of the Delaware Code. The Secretary or the Secretary's designee shall mail a written decision to the alleged violator within 30 days after the conclusion of the administrative hearing. Failure to comply with the 30-day period shall have no effect on the Secretary's or designee's decision.

7.3 The person(s) charged with a violation of these regulations will be notified in writing of the date and time of the aforementioned administrative hearing. The aforementioned person(s) shall have the right to appear in person, to be represented by counsel and to provide witnesses in his or her behalf.

7.4 The Secretary or the Secretary's designee, for the purposes of investigation of a possible violation of these regulations and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter. The Department of Agriculture shall preserve a record of the proceedings and a transcript may be purchased by any interested person.

History

• 25 DE Reg. 166 (08/01/21)
• 25 DE Reg. 166 (08/01/21)
• 22 DE Reg. 997 (06/01/19)
• 25 DE Reg. 166 (08/01/21)

3 Del. Admin. Code § 302-8.0 Appeal

A person who feels aggrieved by the Department of Agriculture as a result of the administrative hearing held under the authority of this chapter may file an appeal, within 30 days, with the Superior Court. Written notice of such appeal, together with the grounds therefor, shall be served upon the Secretary of the Department of Agriculture.

History

• 25 DE Reg. 166 (08/01/21)
• 25 DE Reg. 166 (08/01/21)
• 22 DE Reg. 997 (06/01/19)
• 25 DE Reg. 166 (08/01/21)

3 Del. Admin. Code § 302-9.0 Civil Penalties

9.1 Any person who interferes with the Department of Agriculture in the enforcement of this chapter, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $1,000 nor more than $5,000 on each count.

9.2 Any person who is not a Department of Agriculture employee or its authorized representative who removes markings placed by the Department of Agriculture for the purpose of identification is interfering with the Department of Agriculture's enforcement of these regulations, as determined in an administrative hearing, and shall be assessed a civil penalty of no less than $1,000 nor more than $5,000 on each count.

9.3 Any person(s) who willfully or knowingly ships contaminated produce, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $1,000 nor more than $5,000 on each count.

9.4 Any person(s) who refuses to comply with these regulations shall be assessed a civil penalty of no less than $1,000 nor more than $5,000 for each violation.

9.5 The payment of penalties assessed under this chapter may be made on a payment schedule approved by the Secretary or the Secretary's designee.

History

• 25 DE Reg. 166 (08/01/21)
• 25 DE Reg. 166 (08/01/21)
• 22 DE Reg. 997 (06/01/19)
• 25 DE Reg. 166 (08/01/21)

303 Delaware Raw Milk Regulations

3 Del. Admin. Code § 303-1.0 Statutory Authority and Purpose

This regulation is promulgated pursuant to the authority provided in 3 Del.C. §3181, which directs the Department of Agriculture, in consultation with the Department of Health and Social Services, to adopt regulations to administer and enforce the permitting, testing, and inspection requirements applicable to the sale and distribution of fresh milk, raw milk, and other products derived from raw milk that are intended for human consumption.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-2.0 Applicability

2.1 This regulation shall be known as the "State of Delaware Raw Milk Regulations".

2.2 The Department may grant a variance by modifying or waiving the requirements of this regulation if, in the opinion of the Department, a health hazard or nuisance will not result from the variance.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-3.0 Definitions

The following words and terms, when used in this regulation, have the following meaning:

"Accredited veterinarian" means a Category 2 USDA-accredited veterinarian has completed formal training from the National Veterinary Accreditation Program (NVAP) in the state or states in which they are licensed to practice medicine.

"Approved" means acceptable to the Department based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

"Approved sampler" means an individual who has met criteria established by the Department for the sampling of raw milk.

"Dairy" or "dairy farm" means a place or premise where 1 or more cows or other lactating hooved mammals are kept and a part or all the milk from which is sold or delivered to any person.

"Department" means the Delaware Department of Agriculture.

"Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injuries.

"Milk-derived product" means a product other than liquid raw milk made with or containing raw milk, as defined in these regulations, including liquid raw milk that has had flavorings or other ingredients added.

"Milk Choice Act" means 3 Del C. Ch. 31 Subchapter VI.

"Permit holder" means individual or entity that is legally responsible for the operation of the dairy farm.

"Raw milk" means fresh milk that is unprocessed, unpasteurized, and unhomogenized, and that is derived from a cow, sheep, or goat.

"Secretary" means the Secretary of the Delaware Department of Agriculture.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-4.0 Raw Milk Permit

4.1 A raw milk permit authorizes the permit holder to lawfully produce, sell, or distribute raw milk for human consumption. Raw milk must be sold directly to consumers by the permit holder or individuals under the direct supervision of the permit holder (i.e. employees).

4.2 No person may sell or distribute raw milk for human consumption without a valid permit, including those overseeing herd share or other membership or group purchasing arrangements. A valid permit is one that has been approved and issued by the Department.

4.3 Raw milk may only be sold at the location where the milk is produced unless an alternative is approved by the Department.

4.4 Permit Applications

4.4.1 Application Forms

4.4.1.1 Applications will be provided by the Department. The Department may provide the application forms in electronic format.

4.4.1.2 Applications will include fields as determined by the Department.

4.4.2 Application forms must be filled out and returned to the Department along with any documentation required by this regulation.

4.4.3 Permit Renewal

4.4.3.1 Permits must be renewed annually by March 1.

4.4.3.2 The renewal form may include different fields then the initial permit application form and different documents may be required as deemed appropriate by the Department.

4.5 A raw milk permit is not valid if the permit holder is not in significant compliance with this regulation, including the testing and documentation requirements of this regulation. A permit holder shall maintain all records required for compliance with this regulation for at least 3 years and make them available to the Department upon request.

4.6 The Department may suspend or revoke a raw milk permit in accordance with subsection 14.3 of this regulation if the permit holder fails to comply with the permit holder's risk management plan, this regulation, or the Milk Choice Act.

4.7 The Department may determine appropriate training that is necessary to obtain or renew a raw milk permit. The Department may require an applicant to submit training records with the permit holder's raw milk permit application or renewal application.

4.8 The raw milk permit and consumer advisory statement, designed and issued by the Department, shall be posted in a conspicuous place at the point of sale or distribution of the raw milk.

4.9 Raw milk permits are not transferable. Change of ownership may, at the discretion of the Department, require an application for a new raw milk permit.

4.10 The Department shall require a raw milk permit application fee for new permits and at the time of renewal.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-5.0 Requirements for Issuance of a New Raw Milk Permit

5.1 For purposes of this regulation, permits are considered new if the dairy has not previously been permitted or if the previous permit has been expired, suspended, or revoked for more than 90 days.

5.2 Before issuing a new raw milk permit, the Department will inspect the dairy farm that is the subject of a new raw milk permit application. The dairy farm must be in substantial compliance with the applicable provisions of the Milk Choice Act, this regulation, and the dairy farm risk management plan to be eligible for a raw milk permit.

5.3 An applicant for a new raw milk permit must provide the Department confirmation that the animal or herd from which the raw milk for human consumption is to be produced has been determined to be free from brucellosis and free from tuberculosis in accordance with the process in Section 9.0 of this regulation. This confirmation shall be provided in writing as part of the application submission for a new raw milk permit.

5.4 An applicant for a new raw milk permit must have a licensed veterinarian examine the animal or herd and provide the Department a written report of this examination. The report must reflect that, upon physical examination, the subject animals are in apparent good health and free from evidence of communicable disease. This shall be done in accordance with Section 9.0 of this regulation.

5.5 Water Testing Requirements

5.5.1 An applicant for a new raw milk permit must have the dairy farm water supply tested to determine compliance with Section 10.0 of this regulation. Satisfactory water results must be provided as part of the application submission.

5.5.2 The testing requirement in subsection 5.5.1 does not apply if the water supply is through a public or municipal water system, but confirmation of the connection to a public or municipal system must be provided in writing as part of the application submission.

5.5.3 The testing requirement in subsection 5.5.1 applies to recirculated cooling water if the dairy farm uses a recirculated cooling water system for milk cooling.

5.6 Milk Testing Requirements

5.6.1 The applicant must have an approved sampler draw 3 separate samples of commingled milk from the bulk tank. The samples must be drawn at least 7 days apart and be taken on an unannounced basis.

5.6.2 The applicant must submit each of the 3 samples described in subsection 5.6.1 to a laboratory approved by the Department for analysis to determine whether the samples meet the standards in Section 11.0 of this regulation.

5.6.3 If any of the 3 analyzed samples described in subsection 5.6.1 violates or exceeds a standard in Section 11.0 of this regulation, with the exception of pathogenic bacteria testing as described in subsection 5.6.4, then the applicant must repeat the 3-sample process until 3 successive samples are in compliance with the referenced standards.

5.6.4 If the first of the 3 required samples concludes that no pathogenic bacteria are present, then the second and third samples need not be tested for the presence of pathogenic bacteria. If a sample test concludes that pathogenic bacteria are present, a raw milk permit will not be issued until 2 separate consecutive tests, from samples drawn at least 7 days apart, conclude that no pathogenic bacteria are present.

5.7 Before the issuance of a new raw milk permit, the Department must complete a plan review as part of the initial application package. The plan review requirements include submission of:

5.7.1 Equipment list.

5.7.2 Floor plan including dimensions of place, equipment layout, and flooring material.

5.7.3 Process flow diagram that shows sanitation, storage, handling, and other activities from milking through sales or distribution.

5.7.4 Testing and sampling plan.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-6.0 Renewal of a Raw Milk Permit

6.1 Renewal applications should be submitted on the Department provided forms at least 60 days in advance of permit expiration. Extensions of current permits will not be issued without submission of a renewal application.

6.2 Renewal permit applications must include documentation of any significant changes to facility, processes, or operations.

6.3 Renewal permits will not be issued unless the dairy is in compliance with water testing, milk testing, and animal health requirements of this regulation.

6.4 If the dairy has not been inspected in the 12 months before renewal a new inspection may be required at the discretion of the Department.

6.5 Renewal permit applications must include sales figures in dollars and milk volume for the previous calendar year.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-7.0 Risk Management Plan

7.1 An applicant must develop a risk management plan for raw milk production that analyzes milk safety risks present on the farm and practices to reduce, manage, or mitigate those risks. The risk management plan must consider the size and other unique characteristics of the farm when analyzing risks and appropriate practices.

7.2 The risk management plan must address risks and practices including:

7.2.1 Introduction of animals onto the farm.

7.2.2 Herd health.

7.2.3 Milk handling and management.

7.2.4 Environmental risks.

7.2.5 Feed sources.

7.2.6 Human factors.

7.2.7 Nutrition.

7.2.8 Herd management.

7.2.9 On-farm testing procedures and intervals.

7.2.10 Laboratory testing procedures and intervals.

7.2.11 Training.

7.2.12 Documentation of all risk management practices, testing, and training.

7.2.13 Checklists for annual, monthly, weekly, and daily activities.

7.2.14 Protocols the farm shall follow in the event of substandard results, including recall plans.

7.3 The risk management plan must address all requirements of the Milk Choice Act, this regulation, and any additional requirements the Department determines are necessary to protect public health, including additional testing for pathogens and other emerging risks.

7.4 Applicants must submit a copy of the permit holder's risk management plan with the permit holder's application.

7.5 An approved permit holder may revise the permit holder's risk management plan with approval of the Department. Approved plans must be reviewed by the permit holder at least quarterly and updated as required due to change in operations.

7.6 The Department may suspend or revoke a raw milk permit if it determines that the permit holder is not compliance with the permit holder's risk management plan.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-8.0 Sanitation

8.1 A permit holder shall maintain and operate the subject dairy operation in compliance with the same sanitation and handling standards that are applicable to the production of milk for pasteurization as set forth in 16 DE Admin. Code 4461 State of Delaware Milk Code.

8.2 The provisions of 16 DE Admin. Code 4461 State of Delaware Milk Code are incorporated by reference, to the extent they do not conflict with this regulation.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-9.0 Animal Health

9.1 A permit holder shall monitor the health of the animals from which the raw milk for human consumption is produced to ensure that they are in general good health and free of tuberculosis and brucellosis.

9.2 A permit holder shall individually identify or mark animals in accordance with 3 DE Admin. Code 904.

9.3 A permit holder shall, as part of the permit holder's annual permit renewal, provide the Department confirmation that the animal or herd from which the raw milk is produced has been determined to be free from brucellosis and tuberculosis by tests conducted in accordance with 3 DE Admin. Code 904.

9.3.1 An accredited veterinarian shall perform all required testing and provide required documentation.

9.3.2 Testing results shall be linked to individual animals as identified in subsection 7.2 of this regulation.

9.3.3 The interval between tests shall be no more than 13 months.

9.4 A permit holder shall, at intervals of no more than 1 year, have a licensed veterinarian examine the herd and issue a written report of this examination. The report must reflect that, upon physical examination, the herd is in apparent good health and free from evidence of communicable disease. The permit holder shall retain a copy of the written veterinarian's report for at least 3 years and, upon request of the Department, make the report available for inspection.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-10.0 Regular Testing of Water Supply

10.1 The water supply for a dairy operation that produces raw milk for human consumption under a raw milk permit must be safe and sanitary.

10.2 The water supply for a dairy operation that produces raw milk for human consumption under a raw milk permit shall be tested at least once every 6 months and whenever any repair or alteration is made to the water supply system. This testing shall be at the permit holder's expense. If the water supply is through a public or municipal water system, this testing requirement does not apply.

10.3 Testing shall be required to determine compliance with the applicable sections of 16 DE Admin. Code 4462 Public Drinking Water Systems.

10.4 The water testing described in this section must include bacteriological examinations to determine whether the water is bacteriologically safe. Water is bacteriologically safe if it meets the requirements in Section 8.0 and Section 10.0 of this regulation relating to sanitation; and regular testing of water supply. The requirement of a bacteriologically safe water supply is also applicable to recirculated cooling water if the dairy farm uses a recirculated cooling water system for milk cooling.

10.5 The water supply must contain a Most Probable Number of Coliform Organisms (MPN) of less than 2.2-per-100-milliliters by the multiple tube fermentation method or less than 1-per-100-milliliters by the membrane filter technique or the chromogenic substrate technique.

10.6 The water testing described in this section shall be conducted at a qualified, EPA certified laboratory.

10.7 The permit holder shall retain all records of required water tests for 3 years and make these available for inspection upon request of the Department.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-11.0 Regular Testing of Raw Milk for Human Consumption

11.1 On-Farm Testing of Raw Milk

11.1.1 The permit holder may conduct on-farm testing of raw milk using the standards in subsection 11.2.3 of this regulation.

11.1.2 The permit holder's raw milk risk management plan will describe the on-farm tests to be conducted, process for testing, and frequency for each test in accordance with subsection 11.2.3 of this regulation.

11.1.3 On-farm testing of raw milk shall be conducted using equipment and procedures described in the permit holder's raw milk risk management plan and approved by the Department. The permit holder is responsible for all on-farm testing costs.

11.1.4 The testing interval for on-farm testing shall be at least weekly. The Department may require more frequent testing for new permit holders or when the Department determines more frequent testing is necessary.

11.1.5 The permit holder shall create procedures to evaluate and respond to on-farm testing results in the permit holder's raw milk risk management plan. Testing results and actions taken shall be documented by the permit holder.

11.1.6 The permit holder shall maintain records for at least 3 years of all on-farm testing and make those records available to the Department upon request.

11.1.7 Dairies with on farm testing programs approved by the Department may reduce testing required by 11.2.3 of this regulation to once per month with prior approval from the Department.

11.2 Laboratory Testing of Raw Milk

11.2.1 The permit holder shall be responsible to arrange for the regular sampling and testing required with respect to the raw milk permit, and to pay for this testing.

11.2.2 Raw milk samples submitted for testing shall be analyzed at a NCIMS laboratory approved by the Department.

11.2.3 The permit holder shall coordinate the testing of raw milk for human consumption on the following schedule, and the raw milk samples must meet the following standards:

Type of Action or

At least once each week

11.2.4 The permit holder must maintain testing records for at least 3 years.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-12.0 Violations of Raw Milk Testing Standards

12.1 In the event a sample is found out of compliance with the testing requirements in Section 11.0 of this regulation, the producer shall notify the Department immediately upon receipt of the results. The producer shall immediately cease sales or distribution of raw milk.

12.2 Raw milk sales or distribution shall not resume until corrective actions, which may include recalls, additional testing, and other steps as required by the Department, are complete, and the Department has approved the resumption of normal operations.

12.3 Bacterial Count, Somatic Cell Count, Coliform Count or Cooling Temperature Tests

12.3.1 If 2 of the last 4 tested raw milk samples exceed the bacterial count, somatic cell count, or coliform count standards or cooling temperature requirements described in Section 11.0 of this regulation relating to regular testing of raw milk for human consumption, the Department will provide the permit holder with written notice that it is in violation of this regulation and the Milk Choice Act.

12.3.2 If 3 of the last 5 tested raw milk samples exceed the bacterial count, somatic cell count or coliform count standards or cooling temperature requirements in Section 11.0 of this regulation, the Department will proceed to revoke or suspend the raw milk permit, and the permit holder may be subject to additional requirements or actions as specified by the Department.

12.4 Pesticides and Drugs. If a raw milk sample tests positive for the presence of a pesticide at or above actionable levels established for the pesticide by the United States Environmental Protection Agency, or a drug residue in exceedance of FDA allowances, the permit holder shall:

12.4.1 Immediately cease the sale of raw milk for human consumption and notify the Department of the positive test;

12.4.2 Take a second sample and submit it for testing for pesticide residue;

12.4.3 Investigate and determine the cause of the contamination, report the result of that investigation to the Department, and correct that cause of contamination; and

12.4.4 Refrain from selling raw milk for human consumption until the second test shows the sample to be in compliance with this regulation and the Department approves resumption of sales.

12.5 Disease-Producing Organisms. If a raw milk sample tests positive for the presence of pathogenic bacteria or other disease-producing organisms such as Salmonellae, Listeria monocytogenes, Camphylobacter, or E. Coli 0157:H7, the permit holder shall:

12.5.1 Immediately cease the sale of raw milk for human consumption and notify the Department of the positive test;

12.5.2 Investigate and determine the cause of the contamination, report the result of that investigation to the Department, and correct that cause of contamination;

12.5.3 Once contamination has been corrected have an approved sampler collect an additional sample, at least 1 day after the previous sample, and submit it to a laboratory approved by the Department for testing for the presence of pathogenic bacteria; and

12.5.4 Refrain from selling raw milk for human consumption until 2 consecutive tests from samples drawn at least 1 day apart show that raw milk produced at the dairy operation sample is meets the standards in Section 11.0 of this regulation and the Department approves resumption of sales.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-13.0 Raw Milk Packaging and Consumer Notification

13.1 The Department will consider a milk room facility as being adequate for bottling and capping, or the filling and closure of containers other than bottles. This activity shall be completed in a sanitary manner using easily cleanable equipment that has been cleaned and sanitized.

13.2 Bottles, containers, caps, and closures for raw milk must be sanitized before filling. Bottle and containers may not be filled by the customer.

13.3 Raw milk must be sold in containers owned by the permit holder and labeled according to this Section. Raw milk may not be sold in consumer-owned containers.

13.4 Labels for raw milk containers shall follow 6 Del.C. §5118, 6 Del.C. §5120, and the requirements in this regulation.

13.5 Labels for raw milk must include the following in a font size where a lowercase "a" is at least 1/16 inch in height, typically a 6-point font size, and in a contrasting color:

13.5.1 The words "Raw Milk;"

13.5.2 The fluid volume;

13.5.3 The name and address of the producer;

13.5.4 The words ''Keep Refrigerated''; and

13.5.5 The words "Consumer Advisory Statement" followed by: "The raw milk in this container has not been processed to remove pathogens that can cause illness. The consumption of raw milk may significantly increase the risk of foodborne illness in persons who consume it, particularly with respect to certain highly-susceptible populations such as preschool-age children, older adults, pregnant women, persons experiencing illness, and other people with weakened immune systems."

13.6 Label requirement: Milk Dating

13.6.1 The cap of the raw milk container, or the container itself, must be conspicuously and legibly marked in a contrasting color with the designation of the ''sell-by'' date-the month and day of the month after which the raw milk may not be sold or offered for sale. The designation may be numerical, such as ''8-15'', or with the use of an abbreviation for the month, such as ''AUG 15'' or ''AU 15.'' The words ''Sell by'' or ''Not to be sold after'' must precede the designation of the date, or the statement ''Not to be sold after the date stamped above'' must appear legibly on the container. This designation of the date may not exceed 17 days beginning after midnight on the day on which the raw milk was produced.

13.6.2 The sell-by date must be separate and distinct from any other number, letter, or intervening material on the cap or container.

13.7 Raw milk may not be sold or offered for sale for human consumption after the sell-by date designated on the container.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-14.0 Monitoring by the Department

14.1 The Department will periodically sample containers of raw milk for human consumption in the possession of the permit holder. This sampling may occur at any time before the raw milk is delivered to the customer. The Department will take at least 12 samples of raw milk from each permit holder each calendar year. At the discretion of the Department, sampling by the producer may reduce the number of samples collected by the Department.

14.2 The samples described in subsection 14.1 of this regulation shall be analyzed by a laboratory approved by the Department to determine whether bacterial test results exceed the bacterial limits for raw milk described in the Raw Milk Testing Schedule and Standards in Section 11.0 relating to regular testing of raw milk for human consumption before the expiration of the sell-by date designated on the raw milk container.

14.3 When 2 or more samples demonstrate a permit holder cannot produce raw milk for human consumption that remains consistently within the bacterial limits referenced in Section 11.0 of this regulation through the sell-by date marked on the container, the Department may require a permit holder to use a shorter sell-by date or take other action as specified by the Department. The Department will calculate this revised sell-by date so that bacterial growth in the raw milk will not exceed the referenced bacterial limits within that sell-by period if the raw milk is maintained in accordance with the temperature requirements for raw milk in the Raw Milk Testing Schedule and Standards in Section 11.0 of this regulation.

14.4 A permit holder may submit samples to the Department for analysis to obtain approval to resume a specific sell-by period or other requirements imposed by the Department for the raw milk sampled. The Department will approve resumption of a specific sell-by period when analysis of a sample demonstrates that bacterial growth in the raw milk will not exceed the referenced bacterial limits within that sell-by period if the raw milk is maintained in accordance with the temperature requirements for raw milk in the Raw Milk Testing Schedule and Standards in Section 11.0.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-15.0 Milk-derived Products

Distribution and sale of raw milk-derived products are not allowed unless considered an allowable product produced in compliance with this regulation.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-16.0 Inspection and Sample Collection

16.1 A permit holder shall allow the Department and its personnel to inspect the dairy operation that is the subject of the permit at any time to:

16.1.1 Inspect the farm or facility to determine compliance with this regulation.

16.1.2 Request to review and copy the farm or facility's records pursuant to the State and federal regulations on recordkeeping.

16.1.3 Secure samples for testing and analysis as needed to verify compliance.

16.1.4 Take any other actions the Department deems necessary to comply with responsibilities under the Milk Choice Act or any other applicable statute or regulation.

16.2 Inspection results will be given on an inspection report form provided by the Department.

16.3 If a permit holder fails to allow inspection or sampling by the Department, the Department may revoke or suspend the raw milk permit.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-17.0 Enforcement

17.1 Any person or responsible office of that person who violates a provision of this regulation, and any person or responsible officer of that person who is the holder of a permit or who otherwise operates a dairy farm that does not comply with the requirements of this regulation shall be subject to the penalties found in 3 Del.C. §3179.

17.2 The Department may take administrative action if it determines that a person is selling or distributing raw milk without a valid permit, that 1 or more conditions exist which represent an imminent health hazard, or that serious violations, repeat violations, or general unsanitary conditions are found to exist.

17.2.1 Operation Without a Permit

17.2.1.1 If a person is found operating without a valid permit as required by Section 4.0 of this regulation, the Department shall immediately order the person to cease the sale of raw milk.

17.2.1.2 The order shall be effective upon receipt by the person selling or distributing raw milk.

17.2.1.3 The order shall remain in effect until a permit application and all requirements of Section 5.0 of this regulation have been received and approved by the Department.

17.2.2 Imminent Health Hazard

17.2.2.1 If a condition is determined to exist which presents an imminent health hazard to the public, the Department may suspend the raw milk permit without a prior hearing. The suspension shall be effective upon receipt of written notice by the person selling or distributing raw milk.

17.2.2.2 A person whose license has been suspended pursuant to subsection 17.2.2.1 may request, in writing, a hearing before the Department at any time during the period of suspension, in order to demonstrate that the imminent health hazard no longer exists. The request for hearing shall not stay the suspension.

17.2.2.3 Whenever, in the opinion of the department, a given supply of raw milk is considered an imminent health hazard, the department may seize, condemn, denature or destroy the milk, without compensation to the owner of the milk.

17.2.3 When conditions exist at a raw milk dairy that represent serious violations, repeat violations or general unsanitary conditions, the Department may suspend or revoke the raw milk permit, initiate a corrective action plan, or schedule a hearing.

17.3 In response to an administrative action by the Department, the producer may:

17.3.1 Take no action, in which case the administrative decision shall remain in effect.

17.3.2 Take action to correct the unsafe and unsanitary practices identified by the Department.

17.3.2.1 The producer may submit evidence showing that the deficient practices identified during the investigation have been addressed and corrected.

17.3.2.2 The Department retains sole discretion to determine if the violations have been corrected.

17.3.2.3 Once violations have been corrected the Department may conduct any follow-up inspections that it deems necessary.

17.3.3 Request, in writing, an administrative hearing in accordance with Section 18.0 of this regulation to contest the administrative decision.

History

• 28 DE Reg. 871 (06/01/25)

3 Del. Admin. Code § 303-18.0 Violations, Penalties, and Hearing Procedures

18.1 Failure to comply with this regulation may result in the assessment of a civil penalty.

18.2 No civil penalty shall be assessed unless the person has been given notice and opportunity for a hearing on the charge before the Secretary or the Secretary's designee in accordance with 29 Del.C. Ch. 101.

18.3 The Department shall notify the person with a violation of this chapter in writing of the date and time of the administrative hearing. The person shall have the right to appear in person, to be represented by counsel, and to provide witnesses in the person's own behalf.

18.4 The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony, and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter.

18.5 The Secretary or the Secretary's designee shall mail a written decision to the person within 30 days after the conclusion of the administrative hearing. Failure to comply with the 30-day period shall have no effect on the Secretary's decision.

18.6 The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested person.

History

• 28 DE Reg. 871 (06/01/25)

400 Forest Service

401 Forest Service Erosion and Sedimentation Regulations

3 Del. Admin. Code § 401-1.0 Authority

These regulations are promulgated under the authority of Section 1011 of Title 3 of the Delaware Code.

History

• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 6 DE Reg. 517 (10/1/04)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)

3 Del. Admin. Code § 401-2.0 Purpose

The purpose of this regulation is to streamline the process for responding to potential or existing water quality problems and to establish an enforcement scheme for dealing with operators who do not file the proper permits prior to commencing a timber harvest. This regulation applies to silvicultural operations, as defined, being conducted on private, state, and federal lands within the State of Delaware, unless otherwise stated in this regulation. In addition, this regulation is to ensure that silvicultural activities do not cause erosion and sedimentation to Delaware's waters. The Delaware Forest Service has determined that timber harvests and shearing and piling are the 2 silvicultural activities that pose the greatest potential for producing erosion and sedimentation. Therefore a notification system is required for these 2 activities. Other silvicultural activities, such as but not limited to, root raking, chemical application, installation and maintenance of firebreaks, do not require prior notification but operators are to follow best management practices (BMPs) as outlined in Delaware's Forestry BMP Manual.

History

• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 6 DE Reg. 517 (10/1/04)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)

3 Del. Admin. Code § 401-3.0 Definitions

The following words and terms, when used in this regulation, shall have the following meaning:

"Agricultural lands" means farmlands and forestlands.

"Agricultural use" means all forms of farming, including agriculture, horticulture, aquaculture, silviculture, and activities devoted to the production for sale of food and other products useful to humans which are grown, raised, or harvested on lands and waters.

“Acceptable sediment control and stormwater management techniques” means both erosion and sediment control measures and forestry Best Management Practices (BMP).

“Business days” means any day Monday through Friday.

“Buyer” means any individual or firm that regularly purchases standing trees for harvest by the individual or subcontractor.

“Department” means the Delaware Department of Agriculture.

“DFS” means the Delaware Forest Service.

“DNREC” means the Delaware Department of Natural Resources and Environmental Control.

“Forest management activities” means practices, techniques, or activities which are designed for purpose of conserving, protecting, and enhancing the land as forest land over the long-term. Forest management includes perpetuation of tree species; improvement of trees’ and forest growth, health, and vigor; protection from fire, and insects and diseases.

“Forester” means a forester, senior forester, regional forester, Assistant Forestry Administrator, or Forestry Administrator currently employed by the Delaware Forest Service.

“Intermittent stream with a well defined channel” means a water body which is naturally occurring, and maintains a seasonal flow of water under typical climatic conditions.

"Landowner" means any individual, combination of individuals, partnership, corporation, foundation, non-governmental agency, or association that holds the legal title to the property or land or possessing the right to contract for the cutting operation therein.

“Normal rainfall” means an inch of liquid precipitation in a 24 hour period.

“Open water body” means a bay, lake, or pond where water is present throughout the year. This does not include man-made water channels such as ditches.

“Operator” means any person that operates or exercises control over any silvicultural activity.

“Perennial stream” means a water body with a well-defined channel which maintains a continuous flow of water throughout the year under typical climatic conditions. This does not include man-made water channels such as ditches.

“Permittee” means any individual or firm that has a Delaware Erosion and Sediment Law Notification Form and Permit that has been approved by the DFS.

“Pollution” means the alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare or the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future source as a public water supply; or unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses.

“Secretary” means the Delaware Secretary of Agriculture.

“Shearing and piling” means preparing a site for reforestation by using a crawler tractor with a shear blade, commonly known as a “K-G blade” to cut off at ground level any trees or shrubs that remain after a timber harvest. This brush and debris is then piled in rows by a crawler tractor with a root raking blade. The spacing between the rows of debris is determined on site, and tree seedlings are planted between the rows.

“Silvicultural activity” means any forest management activity, including harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation.

"Streamside Management Zone” or “SMZ" means an area of 50 feet or more on both sides of the banks of perennial and intermittent streams and bodies of open water where extra precaution is used in carrying out forest practices in order to protect bank edges and water quality.

History

• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 6 DE Reg. 517 (10/1/04)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)

3 Del. Admin. Code § 401-4.0 Regulation Intent and Goals

4.1 The intent of this regulation is to establish a system of notification and referral that quickly and easily provides the Forestry Administrator with the information needed to administer Delaware’s Forestry Practices E & S Law without causing undue hardship on operators and landowners.

4.2 The goals of this regulation are:

4.2.1 To protect the waters of the State from erosion and sedimentation resulting from silvicultural activities; and

4.2.2 To provide the Forestry Administrator the authority to:

4.2.2.1 Track the use and effectiveness of Forestry BMPs;

4.2.2.2 Develop close working relationships with forest operators and landowners through site visits;

4.2.2.3 Permit the Delaware Forest Service to rapidly address inquiries from citizens, agencies, and other organizations concerning ongoing silvicultural operations; and

4.2.2.4 Document the positive benefits of properly managed forests.

History

• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 6 DE Reg. 517 (10/1/04)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)

3 Del. Admin. Code § 401-5.0 Regulatory Procedures

5.1 Operators and buyers will provide written notification to Delaware Forest Service (DFS) at least 10 business days prior to the initiation of covered silvicultural operations greater than or equal to 43,560 square feet of area (1 acre).

5.2 Operators and buyers will notify the Department by completing and signing Delaware’s Forestry Practices Erosion and Sediment Law Notification Form and Permit, as provided by the Delaware Forest Service (DFS). No covered silvicultural activity will start prior to the date that an Erosion & Sediment Control Permit is approved.

5.3 This notification form will include:

5.3.1 The forest land acreage and type of covered silvicultural activity planned;

5.3.2 Statement that land will remain under forest management;

5.3.3 Signed statements stating the operators’ intent to use forestry BMPs to prevent pollution;

5.3.4 Specific Forestry BMPs to be used on the site;

5.3.5 Maps of the site, including location of any water bodies, streams, ponds, Streamside Management Zones, roads, stream crossings, landings, and other pertinent site specific information as appropriate;

5.3.6 Estimated start and completion dates;

5.3.7 County tax parcel identification number; and

5.3.8 Whether the property is covered by the Delaware Seed Tree Law and, if so, how the owner intends to reforest the property.

5.4 Notification forms will be sent to the local Delaware Forest Service office for the county in which the activity is to occur. Technical assistance, forms, topographic maps, and other assistance are available at these offices as well.

5.4.1 Kent County:

Delaware Department of Agriculture Forest Service

2320 South Dupont Highway

Dover, DE 19901

(302) 698-4500 In-state 1-800-282-8685

5.4.2 Sussex County:

Redden State Forest

18074 Redden Forest Drive

Georgetown, DE 19947

(302) 856-2893

5.4.3 New Castle County:

Blackbird State Forest

502 Blackbird Forest Road

Smyrna, DE 19977

(302) 653-6505

5.5 The Delaware Forest Service will approve, approve with modifications, or deny all applications within 10 business days of their receipt. In cases where denial of the application is issued, the Delaware Forest Service will provide technical assistance to the landowner, buyer, or operator to develop modifications necessary to bring the application into compliance.

5.6 The operator on the site is responsible for following BMPs as indicated on the Erosion and Sediment Law Notification Form and Permit until a forester has made a final inspection of the site and issued a final inspection report on BMP Site Inspection Form.

5.7 A copy of the approved Erosion and Sediment Law Notification Form and Permit shall be kept on the site at all times during the harvest operation and shown on demand to any forester or DNREC Environmental Protection Officer.

5.8 The permittee/operator shall, following the approval of the Delaware's Forestry Practices Erosion and Sediment Law Notification Form and Permit, provide the DFS with the following notifications of intent:

5.8.1 Starting a permitted harvest operation — not less than 2 days prior to desired start date.

5.8.2 Completion of the harvest operation — not less than 1 day prior to completion.

5.8.3 Returning to a site if the operator has vacated the site for weather-related or similar reasons — not less than 1 day prior to return.

5.9 Special Consideration - Streamside Management Zones:

5.9.1 All open water bodies, perennial streams, intermittent streams with a well-defined channel, and streams that have been hydrologically modified by dredging or straightening, and have no established maintenance right-of-way, shall have a Streamside Management Zone (SMZ), unless the property or a portion of the property is covered by an approved Delaware Seed Tree Law application (3 Del.C. Ch. 10, Subchapter V) and is located on slopes of less than 3%.

5.9.2 A Streamside Management Zone shall not be required on any water bodies not specified in subsection 5.9.1 as long as Best Management Practices are followed to prevent the movement of sediment and debris into the ditch. The alteration of any berm or bank, structure, or control inlet culvert in or adjacent to tax ditches, as defined by Delaware Code Title 7, Chapter 41, is prohibited unless written approval from both the appropriate tax ditch managers and the Department of Natural Resources and Environmental Control (DNREC), Division of Soil and Water Conservation, Drainage Section is obtained. The use of a tax ditch right-of-way, as defined by Delaware Code Title 7, Chapter 41, as a skid trail is prohibited.

5.9.3 The minimum width for an SMZ is 50 feet, measured in lineal feet perpendicular from the edge (top of the bank or channel) on either side of a qualifying water body as defined in subsection 5.9.1. Listed in this subsection are the minimum SMZ widths based on slope. Slope shall be defined as average slope of 100 contiguous feet measured on a horizontal plane perpendicular to the water body. All slope measurements shall begin at the crest of the water body, thus measurements adjacent to channelized streams will begin at top of the channel. SMZ width is measured in linear feet perpendicular from the perimeter of the water body. For tidal waters, the high water line should be used as the perimeter. The SMZ must be plainly designated with surveyors ribbon or durable paint before submitting the permit application.

Minimum Streamside Management Zone Width

Percent Slope

0-10% 11- 20% 21- 45%

Horizontal distance 50 feet 75 feet 100 feet

5.9.4 Within a Streamside Management Zone, at least 60 square feet of basal area per acre of trees well distributed throughout the area shall be retained, or at 60% of the forestry. These trees should be equally divided among diameter classes. The landowner may desire to leave up to 80% of the crown cover to provide shading for streams.

5.9.5 Felling trees across a perennial or intermittent stream, or hydrologically modified channel, and dragging any part of the tree over or through the stream channel is not permitted. Any occurrence shall result in the operator making immediate repairs to the waterway bank. All trees will be felled away from the SMZ to avoid depositing logging debris in the SMZ.

5.9.6 The remainder of the specifications for Streamside Management Zones is found in Delaware’s Forestry Best Management Practices Manual, September 1995, Document Control No. 65-01-04/95/09/01. Copies of this manual and current topographic maps are available at all Delaware Forest Service offices.

5.10 Special Consideration - Multiple Silvicultural Practices. If more than 1 silvicultural activity is covered by an approved Forestry Practices E & S permit, the landowner will notify the local Delaware Forest Service office at least 10 business days prior to the initiation of the subsequent operation. For example, if an E & S permit is approved for the harvesting operation and shearing and piling, the local DFS office must be notified 10 business days before starting the shearing and piling operation.

5.11 Special Consideration - Adverse Weather Conditions. The notification form, which becomes the E&S permit once approved, requires projected start and completion dates. Should environmental conditions create circumstances which either delay or accelerate the projected start or completion of operations, the operator or landowner will verbally notify the local DDAFS office. One example of such a circumstance is excessive rain causing saturated soils during forest harvest operations; as a result to comply with BMPs, operations are terminated with plans to resume the operations in the drier summer months.

History

• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 6 DE Reg. 517 (10/1/04)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)

3 Del. Admin. Code § 401-6.0 Land Use

6.1 Delaware’s Forestry Practices E & S regulations are designed for silvicultural activities where the land is to remain under forested land use or agricultural use for a minimum of 10 years.

6.2 However, should the landowner choose to change the land use from forested lands to another land use, the new land treatment activity would no longer fall within the jurisdiction of the Delaware Forest Service. Land clearing activities are regulated under the Department of Natural Resources and Environmental Control’s (DNREC) Sediment and Stormwater Management law. For conversion to agricultural cropland use, the designated agencies are the local Conservation Districts in each county. For conversion to other non-forest uses, the DNREC Division of Soil and Water Conservation, Sediment and Stormwater Section has regulatory authority. Thus, the owner or operator will be required to receive approval from the appropriate agency prior to initiating any activity on the site.

6.3 Therefore, as enumerated above, the Land Use Declaration of Intent Form is required to receive approval under this law. However, in cases where the land use is to change, the Delaware Forest Service, in accordance with a Memorandum of Understanding with DNREC Division of Soil and Water Conservation, will notify in writing the appropriate agency of the landowner’s intention and provide a copy of this correspondence to the landowner.

6.4 This regulation as well as those of the Stormwater and Sediment law relate to erosion and sedimentation control. Any local, county, state, or federal laws which regulate land use changes, such as wetlands conversion, should be investigated thoroughly prior to initiating conversion of forest land to other uses.

History

• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 6 DE Reg. 517 (10/1/04)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)

3 Del. Admin. Code § 401-7.0 Procedures and Penalties

7.1 To establish an inspection procedure which reinforces and compliments the regulatory authorities contained within Subchapter VI, the Delaware Forest Service has established the following framework:

7.1.1 Informal field visits.

7.1.2 Formal hearing.

7.1.3 Superior Court.

7.2 If at any time during the enforcement process any water quality problem is corrected, all proceedings will be terminated, and a letter will be provided to the landowner and operator reflecting compliance with the law.

7.3 Informal Field Visits

7.3.1 The forester will visit a tract, perform a BMP inspection, and complete a BMP inspection form, a copy of which will be provided to the operator and landowner. During the course of this inspection, the field person will determine the status of the effectiveness of BMPs in protecting water quality and record this determination on the inspection form.

7.3.2 If, during a routine inspection of a harvest operation, it is discovered that the operator on the site does not have an approved harvest permit for the operation, the forester will, at the forester's discretion, issue a verbal or written warning to the operator. The forester will immediately assist the operator in completing a permit form to bring the operation into compliance with the E & S rules and regulations. If failure to have an approved permit is a second offense, the forester can, at the forester's discretion, halt all harvesting operations until a permit has been completed and approved. If more than 2 offenses of this nature within a 12 month period, are on record for the operator/buyer, a fine, not to exceed $2,000 may be levied as specified in 3 Del.C. §1077.

7.3.3 On the BMP inspection form, 3 categories of water quality classifications will be used: No Water Quality (WQ) problem; potential WQ problem; and severe WQ problem. A potential WQ problem is defined as a typical problem that would cause excessive sedimentation and erosion during a normal rainfall. Examples may include undersized culverts and improper log road or deck stabilization on highly erodible soils. A severe WQ problem is defined as any silvicultural activity which is causing sediment deposition or will immediately create serious sediment deposition in a rainfall event.

7.3.4 If no WQ problem exists, the landowner and operator are notified on site, if possible, and in writing within 3 business days following the inspection.

7.3.5 If a potential WQ problem exists on an initial field visit, the forester will note the problem on the BMP inspection form, including written directions to alleviate the potential problem, to the operator and landowner, and a time limitation of up to 5 business days to correct the problem. The forester will notify the forester’s immediate supervisor of the existence of a potential WQ problem. When the time limitation specified in the recommendation for a potential WQ problem has elapsed, the forester will return for a second visit. If the problem persists with no extenuating circumstances such as bad weather, all operations will be halted until specified corrective actions have been made to the satisfaction of the forester.

7.3.6 If a severe WQ problem exists, such as skidding logs across a stream or ditch with no bridge, the forester will cause all operations to cease immediately, issue a written warning containing instructions how to immediately correct the problem.

7.3.7 In the event that an operator vacates a harvest site and WQ problems have not been corrected or resolved, the following actions may be taken at the discretion of the Forestry Administrator.

7.3.7.1 No further E & S permits will be issued for that permittee (operator), nor may that operator legally operate under any existing DFS E & S permits, until all corrections have been made to the satisfaction of the DFS.

7.3.7.2 A fine, not to exceed $2,000 may be levied as specified in 3 Del.C. §1077.

7.4 Formal Hearing

7.4.1 If the parties cannot agree to corrective actions as determined by DFS, a formal hearing will be convened and conducted in accordance with Title 29 Chapter 101 of the Delaware Code, the Administrative Procedures Act (APA). All silvicultural operations on the site will cease until the results of the hearing are known.

7.4.2 Twenty days prior to the hearing, formal notice will be given to the parties and such notice will contain the following information:

7.4.2.1 A description of the subject matter of the proceedings;

7.4.2.2 Notice of the opportunity to proceed with informal fact-finding procedures (a second informal conference) and of the date by which this election must be made;

7.4.2.3 The date, time, and place the formal hearing will be held if informal fact-finding is not elected;

7.4.2.4 Citation to the law or regulation giving the DFS the authority to act;

7.4.2.5 Notice to parties of their right to present evidence, to be represented by counsel, and to appear personally or by other representative; and

7.4.2.6 Notice to the parties of the agency’s obligation to reach its decision based upon the evidence received.

7.4.3 The hearing may be conducted by the Secretary of Agriculture or the Secretary’s designee.

7.4.4 Any party may request a pre-hearing conference, to discuss, among other things, issues in dispute, documents to be relied upon, witnesses to be called, and any procedural matters.

7.4.5 The proceedings shall be recorded to ensure accuracy. A recorded transcript will be taken by a court stenographer upon request and this procedure will be paid for by the requesting party. All testimony shall be taken under oath as administered by the hearing officer. The names and addresses of all interested parties present shall be noted on the official record of the hearing.

7.4.6 Any party may present any competent evidence in its behalf and request subpoenas for testimony or production of documents and other tangible evidence. Non-parties shall not present evidence.

7.4.7 Strict rules of evidence shall not apply. All evidence having probative value commonly accepted by a reasonably prudent person in the conduct of their affairs shall be admitted. Objections to the admission or the exclusion of evidence shall be brief and shall state the ground for objection. Evidence which is plainly irrelevant, immaterial, insubstantial, cumulative, or unduly repetitive may be excluded.

7.4.8 The parties may be represented by counsel. The hearing shall open with a brief statement from each party of what such party intends to establish at the hearing.

7.4.9 Following opening statements, each party shall have an opportunity to produce evidence in support of such party’s position. The owner/operator shall produce evidence first followed by DFS. After initial testimony and cross-examination by the parties, any witness may be examined by the hearing officer. Following the presentation of the main case, the owner/operator shall have an opportunity to produce rebuttal evidence, subject to cross-examination. Following the presentation of the rebuttal evidence, DFS shall have an opportunity to present surrebuttal evidence, subject to cross-examination.

7.4.10 If no procedure is specifically prescribed by this regulation, the hearing officer may proceed in a manner not inconsistent with this regulation.

7.4.11 At the conclusion of the hearing, the Secretary of Agriculture or designee may issue a Special Order within 20 days from the date of the hearing. The Special Order shall describe evidence on which the Order was based. Upon issuance of a Special Order, the landowner and operator will implement specified corrective measures within a specified period of time.

7.5 Penalties. Any owner or operator who violates, fails, or refuses to obey any Special Order may be assessed a civil penalty by the Forestry Administrator. Such penalty shall not be less than $200 or more than $2,000 for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing penalties.

7.6 Superior Court

7.6.1 If the Special Order has not been complied with, the Forestry Administrator may file a complaint in the Superior Court which has jurisdiction over all offenses under this statute. However, within 3 business days of the inspection and prior to the filing of a complaint with the Superior Court, the Forestry Administrator may, at the forester's discretion, agree to engage in an informal conference process with the landowner and operator to discuss and resolve violations of the Special Order.

7.6.2 Any person who intentionally, knowingly, and after written notice to comply violates or refuses to comply with any notice issued by the DFS shall be fined not less than $500 or more than $10,000 for each offense. Such penalty may only be assessed after owner or operator has had the opportunity for a hearing as specified herein. Each day the violation continues shall constitute a separate offense.

History

• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)
• 28 DE Reg. 287 (10/01/24)
• 6 DE Reg. 517 (10/1/04)
• 17 DE Reg. 722 (01/01/14)
• 28 DE Reg. 287 (10/01/24)

402 State Forest Regulations

3 Del. Admin. Code § 402-1.0 Authority

These regulations are promulgated pursuant to the delegation of authority to the Department of Agriculture by the General Assembly found in 3 Del.C. Sections 1008 and 1011.

History

• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)

3 Del. Admin. Code § 402-2.0 Purpose

The State Forests of Delaware are open to members of the public for their enjoyment. Most legal forms of non-motorized recreation are permitted. The following regulations were developed to ensure that these publicly owned lands are conserved, protected, and maintained for the benefit of all.

History

• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)

3 Del. Admin. Code § 402-3.0 Construction

3.1 No regulation herein shall be interpreted or construed in such a manner as to prevent or delay authorized personnel of the Department or other state, county, or municipal agencies from completing official duties or emergency response.

3.2 In special circumstances, events, or emergencies, the Secretary or Forestry Administrator may, when it is deemed to be in the public interest, waive a specific regulation or fee.

3.3 Failure to enforce a specific regulation at a particular instance or instances shall not affect the validity of any other regulation or affect the validity of such regulation at any other time.

History

• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)

3 Del. Admin. Code § 402-4.0 Definitions

“Department” is the Delaware Department of Agriculture

“DFS” is the Delaware Forest Service

“DNREC” is the Delaware Department of Natural Resources and Environmental Control

“Secretary” is the Secretary of the Delaware Department of Agriculture

“State Business Hours” are 8:00 a.m. to 4:30 p.m. on Monday through Friday, except for state holidays.

History

• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)

3 Del. Admin. Code § 402-5.0 General Rules and Regulations

5.1 In order to promote the safety and welfare of State Forest visitors and protect and manage property in the State Forests, the Secretary and Forestry Administrator shall have the authority to develop reasonable policies for State Forests that are not in conflict with 3 Del.C. Ch. 10 and these regulations. These policies must be approved by the Secretary and posted in a conspicuous location in the State Forest prior to their becoming effective. Copies of all policies shall also be maintained in the State Forest office.

5.2 Violation of any State Forest policy shall be grounds for eviction from the State Forest and the denial, revocation, or suspension of any permit issued or privilege granted by the Department.

5.3 The Department shall have the authority to enforce safety rules and policies developed in accordance with subsection 5.1 of these Regulations for the protection of visitors and property.

5.4 State Forests are open to lawful non-motorized recreational uses that do not violate any of the rules and regulations contained herein.

5.5 Unless otherwise indicated, State Forest access roads are closed to vehicular travel. It shall be unlawful for any person to drive or operate a motorized vehicle upon any lands of the DFS except on established roads or as otherwise authorized by the Forest Administrator. Where vehicular traffic is permitted, the speed limit is twenty (20) miles per hour unless otherwise posted. Vehicular traffic on tax ditch rights of way is prohibited except for maintenance by authorized personnel and for law enforcement purposes. Non-pedestrian traffic (horseback riding and mountain biking) is restricted to access roads and trails unless otherwise noted. None registered vehicles and all-terrain vehicles are prohibited in all areas except those used by DFS employees or law enforcement in the application of their lawful duties. It shall be unlawful for any person to drive or operate any motorized vehicle upon any lands administered by the DFS, unless said vehicle is licensed for use upon public highways and roadways or the driver or operator of said vehicle has been issued a permit from the DFS.

5.6 Boundaries of State Forests are clearly marked with metal signs and yellow paint. Visitors crossing onto private property are subject to trespass laws governed by Delaware Code.

5.7 No living trees, shrubs, or other vegetation may be cut, felled, uprooted, removed, or otherwise injured or destroyed, unless written permission has first been obtained from the forest officer in charge.

5.8 No living animals shall be harassed, injured, destroyed, or collected and removed from State Forest lands unless written permission has first been obtained from the forest officer in charge. The only exception is lawful hunting as specified in the Division of Fish and Wildlife adopted regulations outlined in the annual Hunting and Trapping Guide.

5.9 Fires are prohibited for any purpose on State Forest lands other than in designated areas unless written permission is obtained in advance from the forest officer in charge. All fires must be under the direct supervision of a competent adult. It shall be unlawful to leave any fires that have not been thoroughly extinguished.

5.10 The dumping or depositing of rubbish, trash, paint, household items, or other debris, or any other materials and activities that could result in the depositing of such materials, such as paintball and geo-caching, are also prohibited.

5.11 The placement of advertisement signs on State Forest property is prohibited.

5.12 It shall be unlawful to litter on State Forest lands.

5.13 Writing upon, mutilating, carving, and otherwise defacing trees, buildings, structures, signs, and official notices is prohibited.

5.14 With the exception of animals permitted under lawful hunting regulations, all animals must be under the continuous control of the owner(s) unless otherwise authorized in writing by the Forestry Administrator. All dogs must be leashed, unless covered by the exception above. State Forest visitors are responsible for the conduct and any damages, either personal or property, caused by their animals.

5.15 It shall be unlawful to train dogs on DFS property unless prior permission is authorized by the State Forest office.

5.16 Entry to State Forest lands is prohibited from sunset to sunrise, except for lawful hunting, permitted camping, permitted Redden Lodge use, or as otherwise permitted in writing by the DFS.

5.17 Fishing on State Forest lands is limited to catch and release only. A state fishing license is required to fish on State Forest lands.

5.18 Visitors shall park in designated areas only and within those designated areas. It shall be unlawful for any person to park any vehicle on lands administered by the DFS in such a manner as to obstruct the use of State Forest access roads, gates, or trails. Any vehicle parked in such a manner shall be subject to removal and the owner of said vehicle shall pay for all costs involved in such removal.

5.19 Alcoholic beverages are prohibited on State Forest lands except within the Redden Lodge, if and only if, authorized in writing by the DFS.

5.20 The use of drones (“Unmanned Aerial Vehicle” or “UAV”, or “Remotely Piloted Aerial System” or “RPAS”) is prohibited on State Forest lands unless authorized in writing by the DFS.

History

• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)

3 Del. Admin. Code § 402-6.0 Redden State Forest Lodge

It shall be unlawful to make use of the Lodge facility in any manner other than outlined in the Redden state Forest Lodge Lease Agreement.

History

• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)

3 Del. Admin. Code § 402-7.0 Camping Rules and Regulations

7.1 Camping is permitted, and restricted to map-designated campsites only. There is a $25.00 per night charge for all campsite registration. Camping permits and registration can be found at agriculture.delaware.gov and by contacting the State Forest offices.

7.2 Reservations are required prior to the arrival date.

7.3 Campsites are of a primitive type, and are to be used ONLY for tent camping. Van, pickup campers, travel trailers and /or self-propelled motor homes are excluded due to access and parking limitations, unless otherwise noted by a State Forest employee.

7.4 There are a limited number of campsites, that are equipped with tables, fire pits, and charcoal grills. Firewood can be purchased for a $5.00 fee onsite and no outside firewood is permitted. Campsites are limited to a maximum number of six (6) people per site, with two (2) vehicles per site, overflow parking is provided nearby the parking areas. A camper or campers must remove their trash upon vacating their campsite and drop it off at the designated dumpster located on the camping map. Failure to adhere to these regulations will result in the camper’s removal and loss of security deposit.

7.5 Camping is at your own risk. State Forests are a public use area and there is no after-hours, nighttime or weekend security. Law enforcement is provided by the Delaware State Police and the Department of Natural Resources Police should the need arise.

7.6 State Forests are “multiple-use facilities”, which means other activities will continue while you camp. These activities include: hunting, picnicking, hiking, nature study, horseback riding, firewood cutting (by permit only), and timber harvesting. The DFS reserves the right to limit or deny permits during times of conflicting use.

7.7 Firewood for camp use is available for purchase onsite; please refer to the camping map for its location. If more firewood is needed, it may be gathered locally from dead and downed trees. Standing trees or shrubs shall not be cut. Using firewood located outside of the designated area of the office complex is prohibited. Campfires shall be contained within established fire rings only.

7.8 Campsites are to be left clean and all fires are to be extinguished before departing from the area.

History

• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)

3 Del. Admin. Code § 402-8.0 Hunting Rules and Regulations

8.1 State Forests are year-round multiple use areas. Hunters share the use of State Forest lands with other public users such as hikers, campers, horseback riders, firewood cutters, and loggers.

8.2 No special permits are required to hunt on State Forest lands, except as specified in the DNREC, Division of Fish and Wildlife Hunting and Trapping Guide or if the hunting tract is designated for a lottery permit only. Properly licensed hunters may hunt during any open season except on areas otherwise designated, such as those marked with Wildlife Sanctuary, NO HUNTING, or Safety Zone signs or areas that are outlined within the Hunting and Trapping Guide that state the area will be closed.

8.3 No permanent deer stands, platforms, ladders, or blinds may be constructed. No screw-in tree steps, spikes, screws, or nails are allowed.

8.4 Deer drives by any person or persons are not permitted on any State Forest land at any time.

8.5 Small game hunting is closed on State Forest lands during firearm deer seasons.

8.6 The DFS reserves the right to close specific State Forest tracts to hunting during specific hunting seasons. It shall be unlawful for any person to hunt on lands administered by the DFS, except as permitted by the Forestry Administrator in writing and specified on current State Forest area maps distributed by the DFS.

8.7 Trapping rights may be leased for State Forest lands. No other trapping is permitted on State Forest lands.

8.8 Target shooting is prohibited. Firearms are allowed for legal hunting and are otherwise prohibited within designated safe areas on State Forest lands, except as set forth below.

8.8.1 Designated areas shall include State Forest offices, education centers, and shall be identified by appropriate signage.

8.8.2 Active duty and qualified retired law enforcement officers may possess firearms within areas administered by the Department, including designated areas.

8.8.3 Delaware residents holding an active current permit to carry a concealed deadly weapon may carry a firearm within areas administered by the Department, including designated areas.

8.8.4 Firearms may be carried within areas administered by the Department, outside of designated areas, by any person not prohibited by 11 Del.C. §1448.

8.8.5 Law enforcement officers may limit the discharge of firearms and the use of other weapons within areas administered by the Department, in order to protect public safety and preserve the peace.

8.9 Waterfowl hunting is permitted within designated areas only on State Forest land and/or waters. DFS reserves the right to open and close specific State Forest tracts for waterfowl hunting. It shall be unlawful for any person to hunt on lands administered by the DFS, except as permitted by the Forestry Administrator in writing and specified on current State Forest area waterfowl maps distributed annually by the DFS.

8.10 Squirrel hunting is not allowed with a rifle or muzzleloading rifle. Squirrel hunting with a shotgun is permitted.

8.11 The following hunting restrictions apply to those tracts of State Forest lands as specified in the DNREC, Division of Fish and Wildlife Hunting and Trapping Guide. Maps delineating these areas are available at State Forest offices.

8.11.1 Deer Hunting is allowed on all State Forest tracts unless otherwise noted on State Forest maps, within the Hunting and Trapping Guide and on signs posted on State Forest property.

8.11.2 For shotgun season tracts that have deer stands available to hunt, a daily lottery shall be held at the discretion of the State Forest office. Lottery times will be 1 and ½ hours before legal shooting times. Please refer to the Hunting and Trapping Guide and State Forest guidance for lottery dates and times.

8.11.3 For muzzleloader season tracts that have deer stands available to hunt, a daily lottery shall be held at the discretion of the State Forest office. Lottery times will be 1 and ½ hours before legal shooting times. Please refer to the Hunting and Trapping Guide and State Forest guidance for lottery dates and times.

8.11.4 All hunters on these tracts, during shotgun and muzzleloader season, must only hunt from their designated stand, as walk around hunting is not permitted.

8.11.5 During Archery season bowhunters must be within 50 yards of their designated stand.

8.11.6 Stands will be available during Archery season on a first-come, first-served basis.

8.11.7 No more than one hunter may hunt from a stand at any one time.

History

• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)

3 Del. Admin. Code § 402-9.0 Forest Use Permits

9.1 Forest use permits on State Forests are issued on a first-come, first-served basis and are required for camping, firewood cutting, lodge rental (Redden State Forest), organized special events, and pavilion reservation. Facility users (camping/lodge-pavilion rentals) are required to book their reservations in advance. Reservations links can be found at agriculture.delaware.gov.

9.2 Firewood permits are required to harvest firewood on State Forest lands and are issued at the discretion of the State Forest staff. When available, these permits are issued on a first-come, first-served basis. There is a fee of $100 for firewood permits, which allows the holder to cut for three days within areas designated and posted by State Forest staff. No trees are to be felled; only downed wood may be cut. Wood is not for resale.

History

• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)

3 Del. Admin. Code § 402-10.0 Department Enforcement Regulations

10.1 The violation of, or the refusal to obey, any law, these regulations, State Forest policies or the terms or conditions of any permit issued or privilege granted by the Department shall be grounds for the suspension or revocation of any permit issued or privilege granted by the Department, the removal or eviction from State Forest lands and/or the denial of future entry to, or the denial of future permits or privileges within State Forests. Any and all applicable permit fees shall be forfeited to, and retained by, the Department. Any such suspension, revocation, removal, eviction or the denial of entry, permit or privilege shall not preclude the prosecution of any person for violation of any law or these regulations.

10.2 Whoever violates any of the foregoing regulations shall be deemed to have committed an unclassified misdemeanor and shall be fined not less than $25 nor more than $250 and be required to pay all applicable court costs. For each subsequent violation, within three years of a previous conviction, the violator shall be fined not less than $50 nor more than $500 and be required to pay all applicable court costs. In addition to fines and court costs, State Forest Service may request the court to order restitution in an amount determined by it for the destruction or removal of property to those convicted of violating these regulations.

10.3 Justices of the Peace throughout the State shall have jurisdiction over alleged violations of these State Forest Regulations; however, any violator shall, upon arrest, be taken to the nearest available Justice of the Peace in the county where such violation is alleged to have occurred, or in lieu thereof, be provided with an assessment form for the voluntary payment of fines.

10.4 Notwithstanding the immediate preceding subsection, a duly authorized peace officer making an arrest for a violation of these regulations may issue a summons requiring the violator to appear in person at a subsequent date at the Justice of the Peace Court nearest to the place of arrest and during the regularly scheduled hours of the Court.

History

• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 24 DE Reg. 656 (01/01/21)
• 6 DE Reg. 517 (10/01/02)
• 6 DE Reg. 1201 (03/01/03)
• 10 DE Reg. 88 (07/01/06)
• 11 DE Reg. 307 (09/01/07)
• 21 DE Reg. 875 (05/01/18)
• 22 DE Reg. 760 (03/01/19)
• 24 DE Reg. 656 (01/01/21)

500 Harness Racing Commission

501 Harness Racing Rules and Regulations

3 Del. Admin. Code § 501-1.0 Definitions

“Act” is Chapter 100 of Title 3 of the Delaware Code.

“Added money" is the amount exclusive of trophy added into a stakes by the association, or by sponsors, state‑bred programs or other funds added to those monies gathered by nomination, entry, sustaining and other fees coming from the horsemen.

“Age” of a horse foaled in North America shall be reckoned from the first day of January of the year of foaling.

“Also eligible” pertains to a number of eligible horses, properly entered, which were not drawn for inclusion in a race, but which become eligible according to preference or lot if an entry is scratched prior to the scratch time deadline.

“Appeal” is a request for the Commission or its designee to investigate, consider and review any decisions or rulings of steward/judges of a meeting.

“Association” is a person or business entity holding a license from the commission to conduct racing and/or pari-mutuel wagering.

“Association grounds” is all real property utilized by the association in the conduct of its race meeting, including the racetrack, grandstand, concession stands, offices, barns, stable area, employee housing facilities and parking lots and any other areas under the jurisdiction of the Commission.

“Authorized agent” is a person licensed by the Commission and appointed by a written instrument, signed and acknowledged before a notary public by the owner in whose behalf the agent will act.

“Betting interest” is one or more horses in a pari-mutuel contest which are identified by a single program number for wagering purposes.

“Bleeder” is a horse which has demonstrated external evidence of exercise induced pulmonary hemorrhage (epistaxis, or bleeding from one or both nostrils) and/or the existence of hemorrhage into the trachea post exercise as observed upon endoscopic examination.

“Bleeder List” is a tabulation of all bleeders to be maintained by the Commission.

“Claiming race” is a race in which any horse starting may be claimed (purchased for a designated amount) in conformance with the rules.

“Commission" is the Delaware Harness Racing Commission.

“Conditioned race” is an overnight race to which eligibility is determined according to specified conditions which include age, sex, earnings, number of starts and position of finishes.

“Controlled substance” is any substance included in the 5 classification schedules of the (U.S.) Controlled Substance Act of 1970.

“Coupled entry” is 2 or more contestants in a contest that are treated as a single betting interest for pari-mutuel wagering purposes (also see "entry").

“Course” is the track over which horses race.

“Dead heat” is the finish of a race in which the noses of 2 or more horses reach the finish line at the same time.

“Declaration” is the naming of a particular horse as a starter in a particular race.

“Draw” is the process of assigning post positions and the process of selecting contestants in a manner to ensure compliance with the conditions of the rules of racing.

“Driver” is a person who is licensed to drive in races.

“Early closing race” is a race for a definite amount of money to which entries close at least 6 weeks prior to the race.

“Entry” (see "coupled entry").

“Exhibition race” is a race on which no wagering is permitted.

“Extended break” of a horse is a horse that is not on its proper gait for 25 consecutive strides or more after the start of the race.

“Financial interest” is an interest that could result directly or indirectly in receiving a pecuniary gain or sustaining a pecuniary loss as a result of ownership or interest in a horse or business entity; or as a result of salary, gratuity or other compensation or remuneration from any person. The lessee and lessor of a horse have a financial interest.

“Guest association” is an association which offers licensed pari-mutuel wagering on contests conducted by another association (the host) in either the same jurisdiction or another jurisdiction.

“Handicap” is a race in which allowances are made according to a horse's age, sex, claiming price and performance.

“Handle” is the total amount of all pari-mutuel wagering sales excluding refunds and cancellations.

“Host association” is the association conducting a licensed pari-mutuel meeting from which authorized contests or entire performances are simulcast.

“In harness” is when the horses are attached to a dual shaft sulky. All sulkies used in a race must be equipped with unicolored or colorless wheel discs of a type approved by the Commission and placed on the inside and outside of the wheel. Any change in the basic design of a sulky and/or major equipment shall require Commission approval. Rules, regulations, standards and/or guidelines affecting the use of any new sulky and/or equipment must be approved by the Commission before their adoption.

“Inquiry” is when the judges suspect that a foul or any other misconduct occurred during a heat or dash.

“Kicking” is a blow or thrust with the foot against any part of the horse’s body or to impel by striking with the foot at any time on the racetrack, including before, during or after the race.

“Late closing race” is a race for a fixed amount of money to which entries close less than 6 weeks but not more than 3 days before the race is to be contested.

“Length” is the distance defined as extending from a horse's nose to the posterior of the hindquarters. A length shall not include the space occupied by the driver or sulky beyond the horse's hindquarters.

“Licensee” is any person or entity holding a license from the Commission to engage in racing or a regulated activity.

“Maiden” is a stallion, mare or gelding that has never won a heat or race at the gait at which it is entered to start and for which a purse is offered; provided, however, that other provisions of these Rules notwithstanding, races and/or purse money awarded to a horse after the ‘Official Sign’ has been posted shall be considered winning performance and effect status as a maiden, and in such cases a horse placed first by virtue of disqualification shall acquire a win race record only if such horse’s actual time can be determined by photo finish or electronic timing in accordance with the provisions of Rule 7.2.1.

“Match race” is a race between 2 or more horses under conditions agreed to by their owners.

“Matinee race” is a race in which no entrance fee is charged and where the premiums, if any, are other than money.

“Meeting” is the specified period and dates each year during which an association is authorized to conduct racing and/or pari-mutuel wagering by approval of the Commission.

“Minus pool” occurs when the amount of money to be distributed on winning wagers is in excess of the amount of money comprising the net pool.

“Mutuel field” is 2 or more contestants treated as a single betting interest for pari-mutuel wagering purposes because the number of betting interests exceeds the number that can be handled individually by the pari-mutuel system.

“Net pool” is the amount of gross ticket sales less refundable wagers and statutory commissions.

“No contest” is a race canceled for any reason by the stewards/judges.

“Nomination” is the naming of a horse to a certain race or series of races generally accompanied by payment of a prescribed fee.

“Objection” is a verbal claim of foul in a race lodged by the horse's driver.

“Off time” is the moment at which, on the signal of the official starter, the starting gate is opened, officially dispatching the horses in each contest.

“Official order of finish” is the order of finish of the horses in a contest as declared official by the judges.

“Official starter” is the official responsible for dispatching the horses for a race.

“Official time” is the elapsed time from the moment the first horse crosses the timing beam until the first horse crosses the finish line.

“Optional claiming race” is a conditioned race in which a horse may be entered for a stated claiming price. In the case of horses entered to be claimed in such a race, the race shall be considered, for the purpose of these rules, a claiming race. In the case of horses not entered to be claimed in such a race, the race shall be considered a conditioned race.

“Overnight race” is a contest for which declarations close not more than 7 days, omitting Sunday, before the date on which it will be contested. In the absence of conditions or notice to the contrary, declarations must close not later than 6:00 p.m. of the day preceding the race.

“Owner” is a person who holds any title, right or interest, whole or partial in a horse, including the lessee and lessor of a horse.

“Paddock” is an enclosure in which horses scheduled to compete in a contest are confined prior to racing.

“Pari‑mutuel system” is the manual, electro‑mechanical or computerized system and all software (including the totalisator, account betting system and off‑site betting equipment) that is used to record bets and transmit wagering data.

“Pari‑mutuel wagering” is a form of wagering on the outcome of an event in which all wagers are pooled and held by an association for distribution of the total amount, less the deductions authorized by law, to holders of tickets on the winning horses.

“Patron” is a member of the public present on the grounds of a pari-mutuel association during a meeting for the purpose of wagering or to observe racing.

“Person” is any individual, partnership, corporation or other association or entity.

“Post position” is the preassigned position from which a horse will leave the starting gate.

“Post time” is the scheduled starting time for a contest.

“Primary laboratory” is a facility designated by the Commission for the testing of samples.

“Principal trainer” is the trainer listed on the race program.

“Programmed” means listed in the official program made available for sale or distribution to the public.

“Protest” is a written complaint alleging that a horse is ineligible to race.

“Purse” is the total cash amount for which a race is contested.

“Race" is a contest between horses at a licensed meeting.

“Requalifying test” An analysis of any biological substance procured from a horse that has been deemed ineligible to perform in any race or official workout due to a violation of DHRC medication rules. A requalifying test is taken when a horse is out-of-competition and/or on the Steward’s and/or Veterinarian’s List. A requalifying test is taken with the intent of providing a negative test of prohibited substances or to show compliance with permissible thresholds.

“Required days off” horses restricted from racing for a specified number of days will start their days the day of the scheduled race.

“Restricted area” is an enclosed portion of the association grounds to which access is limited to licensees whose occupation or participation requires access.

“Result” is that part of the official order of finish used to determine the pari-mutuel payout of pools for each individual contest.

“Rules” are the Rules of the Delaware Harness Racing Commission.

“Satisfactory charted line” is one that meets the standards at the track at which a horse participates.

“Scoring” is the preliminary practice given to horses after the post parade and prior to being called to line up for the start of a race by the official starter.

“Scratch” is the act of withdrawing an entered horse from a contest after the closing of entries.

“Simulcast” is the live audio and visual transmission of a contest to another location for pari-mutuel wagering purposes.

“Split sample laboratory” is a facility approved by the Commission to test split samples.

“Stakes race” is a race which will be contested in a calendar year subsequent to the closing of nominations.

“Sulky” is a dual wheel racing vehicle with dual shafts not exceeding the height of the horse's withers. Shafts must be hooked separately on each side.

“Totalisator” is the system used for recording, calculating, and disseminating information about ticket sales, wagers, odds and payoff prices to patrons at a pari-mutuel wagering facility.

“Trainer” is an individual who receives any compensation, either directly or indirectly, for training the horse or who performs any of the criteria in subsections 5.3.1.3.1 through 5.3.1.3.5. The trainer(s) is (are) the person or persons to whom trainer-related penalties shall apply in the event of a rule violation. In addition, there is a presumption that domestic partners that are individually licensed by the Commission will both be considered as trainer.

“Tubing” is the administration of any substance via a naso-gastric tube.

"Veterinarian" is a veterinary practitioner licensed by the State of Delaware under Title 24, Chapter 33 of the Delaware Code and authorized to practice at the race track.

"Veterinary technician" is a technician licensed by the State of Delaware under Title 24, Chapter 33 of the Delaware Code and authorized to practice at the race track. Veterinary technicians are authorized by the Commission to administer Bleeder medications and take samples of blood and urine, both under the supervision of a veterinarian.

History

• 1 DE Reg. 501 (11/01/97)
• 2 DE Reg. 1068 (01/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 1050 (02/01/08)
• 22 DE Reg. 47 (07/01/18)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 504 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 10 DE Reg. 980 (12/01/06)
• 14 DE Reg. 894 (03/01/11)
• 1 DE Reg. 504 (11/01/97))
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1764 (04/01/99)
• 4 DE Reg. 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 1512 (05/01/04)
• 10 DE Reg. 1421 (03/01/07)
• 11 DE Reg. 308 (09/01/07)
• 14 DE Reg. 1338 (06/01/11)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 467 (12/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 1 DE Reg. 502 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 308 (09/01/07)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 502 (11/01/97)
• 5 DE Reg. 832 (10/01/01)
• 10 DE Reg. 1422 (03/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 14 DE Reg. 23 (07/01/10)
• 14 DE Reg. 894 (03/01/11)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 47 (07/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 2 DE Reg. 1241 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg. 1520 (05/01/00)
• 4 DE Reg. 1123 (01/01/01)
• 4 DE Reg. 1652 (04/01/01)
• 5 DE Reg. 1691 (03/01/02)
• 6 DE Reg. 862 (01/01/03)
• 7 DE Reg. 1512 (05/01/04)
• 11 DE Reg. 308 (09/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 666 (11/01/08)
• 16 DE Reg. 282 (09/01/12)
• 16 DE Reg. 754 (01/01/13)
• 17 DE Reg. 1060 (05/01/14)
• 21 DE Reg. 563 (01/01/18)
• 22 DE Reg. 47 (07/01/18)
• 24 DE Reg. 662 (01/01/21)
• 24 DE Reg. 942 (04/01/21)
• 1 DE Reg. 923 (01/01/98)
• 2 DE Reg. 684 (10/01/98)
• 2 DE Reg. 1764 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg 1520 (05/01/00)
• 4 DE Reg 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 42 (07/01/03)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 1074 (02/01/09)
• 13 DE Reg. 841 (12/01/09)
• 14 DE Reg. 553 (12/01/10)
• 15 DE Reg. 1322 (03/01/12)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 17 DE Reg. 1060 (05/01/14)
• 18 DE Reg. 466 (12/01/14)
• 18 DE Reg. 781 (04/01/15)
• 19 DE Reg. 1077 (06/01/16)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 25 DE Reg. 693 (01/01/22)
• 27 DE Reg. 697 (06/01/24)
• 12 DE Reg. 1305 (04/01/09)

3 Del. Admin. Code § 501-2.0 Commission

2.1 Purpose

2.1.1 The Delaware Harness Racing Commission, created by the Act, Title 4, Chapter 100, of the Delaware Code, is charged with implementing, administering and enforcing the Act. It is the intent of the Commission that the rules of the Commission be interpreted in the best interests of the public and the State of Delaware.

2.1.2 Through these Rules, the Commission intends to implement its statutory mandate to promulgate and prescribe such rules and regulations as are necessary and proper for the purpose of regulating and overseeing the sport of harness racing, as defined in the Act, within the State of Delaware in the public interest, including the regulation of the conduct of all grooms, drivers and owners and their employees, and the regulation of all harness racing horses entered or to be entered in any harness racing meet authorized by the Commission pursuant to the Act.

2.2 General Authority

2.2.1 The Commission shall regulate each race meeting and the persons who participate in each race meeting.

2.2.2 Pursuant to the authority granted in the Act the Commission may delegate to the Board of Judges all powers and duties necessary to fully implement the purposes of the Act.

2.3 Membership And Meetings

2.3.1 The Commission consists of 5 members appointed as prescribed by the Act. No member of the Commission shall be licensed or regulated, directly or indirectly, by the Commission, nor shall any member of the Commission have any legal or beneficial interest, direct or indirect, pecuniary or otherwise, in any firm, association or corporation so licensed or regulated or which participates in pari-mutuel meetings in any manner. No member of the Commission shall be a person not of good moral character, nor shall a member of the Commission be a person convicted of, or under indictment for, a felony under the laws of Delaware or any other state, or the United States.

2.3.2 The Chairman of the Commission shall be appointed by the Governor. If at any time the Governor has not appointed a Chairman of the Commission, the Chairman of the Commission shall be elected by majority vote of the members of the Commission, with such election to be effective until such time as the Governor has appointed a Chairman of the Commission. The Vice Chairman of the Commission shall be elected annually at the January meeting of the Commission by majority vote of the members of the Commission. The Vice Chairman shall serve as Chairman at any meeting from which the Chairman is absent.

2.3.3 The Commission shall meet at the call of the Chairman or of a majority of the members. The Commission shall establish and maintain offices on each Association grounds, and at such other places as the Commission deems appropriate, and shall meet at least monthly during the period when any Association is conducting a harness horse racing meet, and at such other times as deemed necessary. Notice of the meetings must be given and the meetings must be conducted in accordance with the Freedom of Information Act, 29 Del.C. Ch. 100.

2.3.4 A majority of the Commission constitutes a quorum. When a quorum is present, a motion before the Commission is carried by an affirmative vote of the majority of the Commissioners present at the meeting.

2.3.5 To the extent required by 29 Del.C. Ch. 101 or by the Act, the Commission rules and orders shall be subject to the Administrative Procedures Act.

2.3.6 A Commission member may not act in the name of the Commission on any matter without a majority vote of a quorum of the Commission.

2.4 Annual Report. The Commission shall submit an annual report as prescribed by the Act.

2.5 Employees/Officials

2.5.1 The Commission may appoint officers, clerks, stenographers, inspectors and officials or employees as it deems necessary to implement, administer and enforce the Act. No person shall be appointed to or hold any such office or position who holds any official relation to any Association conducting harness horse racing within the State of Delaware, or whose parent, child or sibling is so engaged during the meeting at which such person is so appointed. Regardless of who pays the salary of such officials or employees, the Commission shall determine and insure that such officials or employees perform their duties in the public interest.

2.5.2 The Administrator of Harness Racing (Administrator) within the Department of Agriculture shall maintain the records of the Commission and shall perform other duties as required by the Commission. Except as otherwise provided by a rule of the Commission, if a rule of the Commission places a duty on the Administrator, the Administrator may delegate that duty to another employee of the Department of Agriculture or of the Commission.

2.5.3 No Commissioner, racing official, judge or employee of the Commission whose duty it is to insure that the rules and regulations of the Commission are complied with shall wager in any pari-mutuel pool at any facility or through any pari-mutuel system subject to the jurisdiction of this Commission, or otherwise bet on the outcome of any race regulated by the Commission or have any financial or pecuniary interest in the outcome of any race regulated by the Commission.

2.6 Power of Entry

2.6.1 A member or employee of the Commission, a judge, a peace officer or a designee of such a person may enter any area on Association grounds regulated by the Commission, or any other place of business of an Association regulated by the Commission, at any time to enforce or administer the Act or Commission rules, including the requirements set forth in Rule 4 of these Rules pertaining to Associations.

2.6.2 An Association or an officer, employee or agent of an Association may not hinder a person who is conducting an investigation under or attempting to enforce or administer the Act or Commission rules.

2.7 Subpoenas

2.7.1 A member of the Commission, the Administrator, the judges, the Commission Investigator, the presiding officer of a Commission proceeding or other person authorized to perform duties under the Act may require by subpoena the attendance of witnesses and the reproduction of books, papers and documents. Subpoenas as authorized by such persons shall be issued in blank under the hand of any Commissioner and over the seal of the Commission to any party.

2.7.2 A member of the Commission, the Administrator, a presiding officer of a Commission proceeding or other person authorized by the Commission may administer an oath or affirmation to a witness appearing before the Commission or a person authorized by the Commission.

2.7.3 If any person refuses to obey any subpoena requiring the person to appear, to testify, or to produce any books, papers and documents, the Commission may apply to the Superior Court of the county in which the Commission is sitting, and, thereupon, the Court shall issue its subpoena requiring the person to appear and to testify, or to produce the books, papers and documents.

2.8 Records

2.8.1 Except as otherwise provided by the Act, Commission records are subject to the Freedom of Information Act, 29 Del.C. Ch. 100.

2.8.2 Except as otherwise authorized by statute, all original records of the Commission shall be maintained in the main offices of the Commission at the Department of Agriculture in Dover, Delaware. No person may remove an original record from the offices of the Commission without the approval of the Administrator.

2.8.3 To inspect Commission records, a person must make a written request to the Commission in conformity with 29 Del.C. Ch. 100, and must pay all costs including preparing or copying the record and postage, if applicable. The Commission shall determine the costs involved in preparing or copying the record as provided by the Freedom of Information Act.

2.9 Allocation of Race Dates and Permits. The Commission shall allocate race dates and permits to each Association in accordance with the Act. An Association shall apply to the Commission for race dates to be conducted in the next calendar year. The application must contain the information required by the Act and Commission licensing procedure. After the request is filed, the Commission may require the Association to submit additional information.

2.10 Commission’s Powers. The Commission shall promulgate administrative regulations for effectively preventing the use of improper devices, the administration of drugs or stimulants or other improper acts for the purpose of affecting the speed or health of horses in races in which they are to participate. The Commission is also authorized to promulgate administrative regulations for the legal drug testing of licensees. The Commission is authorized to contract for the maintenance and operation of a testing laboratory and related facilities, for the purpose of saliva, urine, or other tests for enforcement of the Commission’s drug testing rules and regulations. The licensed persons or associations conducting harness racing shall reimburse the Commission for all costs of the drug testing programs established pursuant to this section. Increases in costs of the aforementioned testing program shall be reasonable and related to expansion in the number of days of racing and the number of races held, the need to maintain competitive salaries, and inflation. The Commission may not unreasonably expand the drug testing program beyond the scope of the program in effect as of June 30, 1998. Any decision by the Commission to expand the scope of the drug testing program that occurs after an administrative hearing, at which the persons or Associations licensed under 3 Del.C. §10022 consent to such expansion, shall not be deemed an unreasonable expansion for purposes of this section. The Commission, in addition to the penalties contained in 3 Del.C. §10026, may impose penalties on licensees who violate the drug testing regulations including imposition of fines or assessments for drug testing costs.

History

• 1 DE Reg. 501 (11/01/97)
• 2 DE Reg. 1068 (01/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 1050 (02/01/08)
• 22 DE Reg. 47 (07/01/18)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 504 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 10 DE Reg. 980 (12/01/06)
• 14 DE Reg. 894 (03/01/11)
• 1 DE Reg. 504 (11/01/97))
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1764 (04/01/99)
• 4 DE Reg. 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 1512 (05/01/04)
• 10 DE Reg. 1421 (03/01/07)
• 11 DE Reg. 308 (09/01/07)
• 14 DE Reg. 1338 (06/01/11)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 467 (12/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 1 DE Reg. 502 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 308 (09/01/07)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 502 (11/01/97)
• 5 DE Reg. 832 (10/01/01)
• 10 DE Reg. 1422 (03/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 14 DE Reg. 23 (07/01/10)
• 14 DE Reg. 894 (03/01/11)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 47 (07/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 2 DE Reg. 1241 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg. 1520 (05/01/00)
• 4 DE Reg. 1123 (01/01/01)
• 4 DE Reg. 1652 (04/01/01)
• 5 DE Reg. 1691 (03/01/02)
• 6 DE Reg. 862 (01/01/03)
• 7 DE Reg. 1512 (05/01/04)
• 11 DE Reg. 308 (09/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 666 (11/01/08)
• 16 DE Reg. 282 (09/01/12)
• 16 DE Reg. 754 (01/01/13)
• 17 DE Reg. 1060 (05/01/14)
• 21 DE Reg. 563 (01/01/18)
• 22 DE Reg. 47 (07/01/18)
• 24 DE Reg. 662 (01/01/21)
• 24 DE Reg. 942 (04/01/21)
• 1 DE Reg. 923 (01/01/98)
• 2 DE Reg. 684 (10/01/98)
• 2 DE Reg. 1764 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg 1520 (05/01/00)
• 4 DE Reg 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 42 (07/01/03)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 1074 (02/01/09)
• 13 DE Reg. 841 (12/01/09)
• 14 DE Reg. 553 (12/01/10)
• 15 DE Reg. 1322 (03/01/12)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 17 DE Reg. 1060 (05/01/14)
• 18 DE Reg. 466 (12/01/14)
• 18 DE Reg. 781 (04/01/15)
• 19 DE Reg. 1077 (06/01/16)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 25 DE Reg. 693 (01/01/22)
• 27 DE Reg. 697 (06/01/24)
• 12 DE Reg. 1305 (04/01/09)

3 Del. Admin. Code § 501-3.0 Officials

3.1 General Provisions

3.1.1 Racing Officials. Officials at a race meeting may include the following, as determined by the Commission:

3.1.1.1 Board of Judges;

3.1.1.2 Racing secretary;

3.1.1.3 Paddock judge;

3.1.1.4 Horse identifier / equipment checker;

3.1.1.5 Starter;

3.1.1.6 Charter / program director;

3.1.1.7 Timer / photo finish technician;

3.1.1.8 Patrol judge;

3.1.1.9 DHRC veterinarian and veterinary technician;

3.1.1.10 Bleeder medication veterinarian and veterinary technician;

3.1.1.11 Chief DHRC Investigator;

3.1.1.12 Administrator of Racing; and

3.1.1.13 Any other person designated by the Commission.

3.1.2 Eligibility. To qualify as a racing official the appointee must be licensed by the Commission after a determination that he:

3.1.2.1 Is of good moral character and reputation;

3.1.2.2 Is experienced in or knowledgeable of harness racing;

3.1.2.3 Is familiar with the duties to which he is appointed and with the Commission's rules and regulations;

3.1.2.4 Possesses the mental and physical capacity to perform his duties; and

3.1.2.5 Is not under suspension or ejection by the U.S.T.A., Standardbred Canada or any racing jurisdiction.

3.1.3 Approval and Licensing. The Commission, in its sole discretion, may determine the eligibility of a racing official and, in its sole discretion, may approve or disapprove any such official for licensing.

3.1.4 Prohibited Practices. Racing officials and their assistants shall not engage in any of the following activities while serving in an official capacity at a race meeting:

3.1.4.1 Participate in the sale or purchase, or own any horse racing at the meeting;

3.1.4.2 Sell or solicit horse insurance on any horse racing at the meeting;

3.1.4.3 Be licensed in any other capacity without permission of the Commission;

3.1.4.4 Wager on the outcome of any live or simulcast race;

3.1.4.5 Refuse to take a breath analyzer test or submit to a blood or urine sample when directed by the Commission or its designee; or

3.1.4.6 Perform their official duties on any day in which any horse is entered or races in any live race at the Association grounds that is owned, trained, driven, or groomed, by the official’s spouse, parent, child, or sibling without the permission of the Commission. If repeated such conflicts interfere with the official's performance of his normal duties, or with any other official's performance of his official duties, then the Commission shall approve another person to replace the official with the familial conflict.

3.1.5 Report of Violations. Racing officials and their assistants shall report immediately to the presiding judge or judges every observed violation of these rules and of the laws of this jurisdiction governing racing.

3.1.6 Complaints Against Officials. Any formal complaint against a racing official other than a judge shall be made to the presiding judge in writing and signed by the complainant. All such complaints shall be reported to the Commission by the presiding judge, as appropriate, together with a report of the action taken or the recommendation of the presiding judge. Formal complaints against the presiding judge or any judge shall be made in writing to the Commission and signed by the complainant.

3.1.7 Appointment

3.1.7.1 No person shall be appointed to hold any official position who has any official relation to any person employed by a corporation or Association conducting harness racing within this State. No Commissioner, racing official, or judge whose duty is to insure that the rules and regulations of the Commission are complied with shall bet on any race during any live racing program nor have any financial or pecuniary interest in the outcome of any race regulated by the Commission. All employees appointed under 3 Del.C. §10007(a-c) shall serve at the pleasure of the Commission and are to be paid a reasonable compensation.

3.1.7.2 The Commission shall appoint or approve the Board of Judges at each harness race meeting. The Commission may appoint such officials on an annual basis. In addition to any minimum qualifications promulgated by the Commission, all applicants for the positions on the Board of Judges must possess a USTA license and be fully accredited by a recognized university approved by the Commission. An applicant for the position of race judge must also have been previously employed as a steward, patrol judge, or other racing official at a harness racing meeting for a period of not less than 45 days during three of the last 5 years, or have at least 5 years of experience as a licensed driver who has also served not less than 1 year as a licensed racing official at a harness racing meeting or have 10 years of experience as a licensed harness racing trainer who has served not less than 1 year as a licensed racing official at a harness racing meeting.

3.1.7.3 The Commission may appoint such officers, clerks, stenographers, inspectors, racing officials, veterinarians, and such other employees as it deems necessary, consistent with the purposes of 3 Del.C. Chapter 100.

3.1.8 Appointment of Presiding Judge. Should the presiding judge or any judge be absent at race time, the presiding judge, or, in the presiding judge's absence the remaining judges shall appoint a deputy for the presiding judge or judges. If a deputy judge is appointed, the Commission shall be notified immediately by the presiding judge or remaining judges.

3.2 Board of Judges

3.2.1 General Authority

3.2.1.1 The Board of Judges for each meeting shall be responsible to the Commission for the conduct of the race meeting in accordance with the laws of this jurisdiction and these rules.

3.2.1.2 The Board of Judges shall enforce these rules and the racing laws of the State of Delaware.

3.2.1.3 The presiding judge's authority includes supervision of all racing officials, licensed personnel, other persons responsible for the conduct of racing and patrons, as necessary to ensure compliance with these rules.

3.2.1.4 The Board of Judges shall have authority to resolve conflicts or disputes related to racing and to discipline violators in accordance with the provisions of these rules.

3.2.1.5 The Board of Judges have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules.

3.2.1.6 The presiding judge shall be a representative of the Commission at all race meetings which the Commission may direct such presiding judge to attend. The presiding judge shall be the senior officer at such meetings and, subject to the control and direction of the Commission, shall have general supervision over the racing officials, medication program and drug-testing officials, and all other employees and appointees of the Commission employed at such race meet or meetings. The presiding judge shall, subject to the general control of the Commission, monitor the conduct of the racing and the pari-mutuel department, and supervise the testing of horses and drivers. The presiding judge at all times shall have access to all parts of the association grounds, including the racecourse, physical plant and grounds. Upon instruction from the Commission, the presiding judge shall conduct hearings and investigations, and report his findings to the Commission. The presiding judge shall act for the Commission in all matters requiring its attention, to receive from all persons having knowledge thereof information required by the Commission and to perform all other duties for the compliance of the rules and regulations of the Commission and the laws of the State of Delaware.

3.2.2 Period of Authority. The Board of Judge’s period of authority shall commence 5 business days prior to the beginning of each race meeting and shall terminate with completion of their official business pertaining to the meeting.

3.2.3 Disciplinary Action

3.2.3.1 The Board of Judges shall take notice of alleged misconduct or rule violations and initiate investigations into the matters.

3.2.3.2 The Board of Judges shall have authority to charge any licensee for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with these rules.

3.2.3.3 The Board of Judges may compel the attendance of witnesses and the submission of documents or potential evidence related to any investigation or hearing.

3.2.3.4 The Board of Judges may at any time inspect license documents, registration papers and other documents related to racing.

3.2.3.5 The Board of Judges have the power to administer oaths and examine witnesses.

3.2.3.6 The Board of Judges shall consult with the chief DHRC veterinarian and/or the Commission chemist to determine the nature and seriousness of a laboratory finding or an alleged medication violation.

3.2.3.7 The Board of Judges may impose, but are not limited to, any of the following penalties on a licensee for a violation of these rules:

3.2.3.7.1 The Board of Judges may take any appropriate actions against any horse for a violation or attempted violation of these rules.

3.2.3.7.2 The Board of Judges may suspend a license; or they may impose a fine in accordance with these Rules for each violation; or they may suspend and fine; or they may order that a person be ineligible for licensing. If a driver is given a driving suspension of 5 days or less by the Board of Judges in Delaware, then such penalty shall commence on the first day after the driver has fulfilled all of the driving obligations programmed in the State of Delaware at the time the penalty is assessed.

3.2.3.8 The Board of Judge’s ruling shall not prevent the Commission from imposing a more or less severe penalty.

3.2.3.9 The Board of Judges may refer any matter to the Commission and may include recommendations for disposition. The absence of a Board of Judge’s referral shall not preclude Commission action in any matter.

3.2.3.10 Purses, prizes, awards, and trophies shall be redistributed if the Board of Judges or Commission order a change in the official order of finish.

3.2.3.11 All fines imposed by the Board of Judges shall be paid to the Commission within 10 days after the ruling is issued, unless otherwise ordered.

3.2.4 Protests, Objections and Complaints. The Board of Judges shall investigate promptly and render a decision in every protest made to them. They shall maintain a record of all protests. The Board of Judges shall file daily with the Commission a copy of each protest, objection or complaint and any related ruling. All protests must be in writing and lodged with the Board of Judges not later than 48 hours after the race in question.

3.2.5 Judges’ Presence. One judge shall be present in the stand 30 minutes prior to the race to observe and the others shall be present no less than 15 minutes prior to the race, during the contesting of the race and 15 minutes after the finish.

3.2.6 Order of Finish for Pari‑Mutuel Wagering

3.2.6.1 The judges shall determine the official order of finish for each race in accordance with the rules of the race (see Section 7.0).

3.2.6.2 The decision of the judges as to the official order of finish, including the disqualification of a horse or horses as a result of any event occurring during the contesting of the race, shall be final for purposes of distribution of the pari-mutuel wagering pool.

3.2.7 Cancel Wagering. The Board of Judges has the authority to cancel wagering and order refunds where applicable on an individual betting interest or on an entire race and also have the authority to cancel a pari-mutuel pool for a race or races, if such action is necessary to protect the integrity of pari-mutuel wagering.

3.2.8 Steward's List

3.2.8.1 The judges shall maintain a Steward's List of the horses which are ineligible to be entered in a race.

3.2.8.2 A horse that is unfit to race because it is dangerous, unmanageable or unable to show a performance to qualify for races at the meeting, scratched as a result of a high blood gas test, or otherwise unfit to race at the meeting may be placed on the Steward's List by the presiding judge and declarations or entries on the horse shall be refused. The owner or trainer shall be notified of such action and the reason shall be clearly stated. When any horse is placed on the Steward's List, the Program Director shall make a note on the electronic eligibility certificate of such horse, showing the date the horse was put on the Steward's List the reason and the date of removal if the horse has been removed.

3.2.8.3 Following an examination all horses scratched by a veterinarian for either lameness or sickness will be put on the Steward's List and cannot race for at least 7 days from the date of the scratched race. Entries will be accepted during this 7 day period for a race to be contested after the seventh day. Following an examination veterinarians may put a horse on the Steward’s List for sickness or lameness for more than 7 days if necessary. In that instance, the horse may not race until proscribed number of days has expired. Entries will be accepted during this period for a race to be contested after the proscribed number of days has expired.

3.2.8.4 No presiding judge or other official at a race meeting shall have the power to remove from the Steward's List and accept as an entry any horse which has been placed on a Steward's List and not subsequently removed for the reason that he it is dangerous or unmanageable. Such meetings may refuse declarations or entries on any horse that has been placed on the Steward's List and has not been removed.

3.2.8.5 No entry or declaration to start shall be accepted by any Association in this jurisdiction without having had a negative official test for equine infectious anemia within 12 months.

3.2.8.6 The judges may put any horse on the Steward's List for performance when such horse shows a reversal of form or does not race near its own capabilities. Such horse shall qualify in a time comparable to its known capabilities from 1 to 3 times, at the discretion of the judges, before being allowed to start.

3.2.8.7 Any horse put on the Steward's List as unmanageable or dangerous must qualify in a satisfactory manner for the judges at least 2 times.

3.2.8.8 The judges may put any horse on the Steward's List for being noncompetitive or unfit to race at the meeting.

3.2.8.9 The judges may place a horse on the Steward's List when there exists a question as to the exact identification, ownership or management of said horse.

3.2.8.10 A horse which has been placed on the Steward's List because of questions as to the exact identification or ownership of said horse, may be removed from the Steward's List when, in the opinion of the judges, proof of exact identification or ownership has been established.

3.2.8.11 A horse may not be released from the Steward's List without the permission of the judges.

3.2.9 List of Nerved Horses. The judges shall maintain a list of nerved horses participating at the race meet and shall post this list in the race office.

3.3 Racing Secretary

3.3.1 General Authority. The racing secretary is responsible for setting the conditions for each race of the race meeting, regulating the nomination of entries and determining the amounts of purses and to whom they are due. The racing secretary shall check and verify the eligibility of all horses entered.

3.3.2 Race Information. The racing secretary shall be familiar with the age, class and competitive ability of all horses racing at the meeting.

3.3.3 Classifications. The racing secretary shall classify horses in accordance with these rules.

3.3.4 Listing of Horses. The racing office shall:

3.3.4.1 Examine all entry forms and declarations to verify information as set forth therein;

3.3.4.2 Select the horses to start and the also eligible horses from the declarations in accordance with these rules;

3.3.4.3 Provide the listing of horses in the daily program; and

3.3.4.4 Ensure that no horse races within 48 hours of its last race.

3.3.5 Nominations and Declarations. The racing secretary shall examine nominations and declarations and early closing events, late closing events and stakes events to verify the eligibility of all declarations and nominations and compile lists thereof for publication.

3.3.6 Conditions. The racing secretary shall establish the conditions and eligibility for entering races and cause them to be published to owners, trainers and the Commission and be posted in the racing secretary's office.

3.3.7 Posting of Entries. Upon completion of the draw each day, the racing secretary shall post a list of entries in a conspicuous location in his office and make the list available to the media.

3.3.8 Winnings

3.3.8.1 For the purpose of establishing conditions, winnings shall be considered to include all monies and prizes won up to the time of the start of a race.

3.3.8.2 Winnings during the year shall be calculated by the racing secretary from the preceding January 1.

3.3.9 Cancellation of a Race. In case of unfavorable weather or other unavoidable cause, Associations, upon notifying of the presiding judge may postpone or cancel races.

3.4 Paddock Judge

3.4.1 General Authority. Under the direction and supervision of the presiding judge, the paddock judge shall:

3.4.1.1 Ensure that all horses entered in a heat or dash are on the racetrack at the time designated by the presiding judge to be formed in a parade line; that such horses are attended by their drivers unless specifically excused by the paddock judge; that all horses in heat or race parade from the paddock upon the track and before the grandstand not later than 5 minutes before post time; and that drivers not engage in conversation during the post parade. A horse failing to parade without being excused by the paddock judge may be scratched from the race or its driver or trainer may be penalized;

3.4.1.2 Supervise the horse identifier/equipment checker;

3.4.1.3 Supervise the paddock gate operators;

3.4.1.4 Ensure that all horses are in the paddock at the time prescribed by the presiding judge, but in any event not less than 1 hour but not more than 2 hours prior to post time of the race in which the horse is to compete. Except for warm-up trips, no horse shall leave the paddock until called to the post;

3.4.1.5 Ensure that no driver or groom once admitted to the paddock or receiving barn shall leave the same other than to warm up said horse or other race related activity until such race, or races, for which he was admitted is contested; provided, however, that in the event of an emergency, a license may leave the paddock but only with the permission of the paddock judge, in which case the paddock judge shall maintain a written record thereof, which shall be delivered to the presiding judge. Only a licensed owner or trainer who has another horse racing in a later race, shall return to the paddock until all races of that program have been completed;

3.4.1.6 Direct the activities of the paddock blacksmith;

3.4.1.7 Ensure that only persons properly authorized by the licensing office are admitted in the paddock, including:

3.4.1.7.1 Owners of horses competing on the date of the race and whose horses are in the paddock with the exception of all owners of registered stables;

3.4.1.7.2 Trainers of horses competing on the date of the race and whose horses are in the paddock;

3.4.1.7.3 Drivers of horses competing on the date of the race and whose horses are in the paddock;

3.4.1.7.4 No more than 2 grooms of horses competing on the date of the race and whose horses are in the paddock;

3.4.1.7.5 Officials whose duties require their presence in the paddock or receiving barn; and

3.4.1.7.6 Ensure that no more than 2 owners of a registered stable, other than the driver, shall be entitled to admission to the paddock on any racing day, except by permission of the presiding judge;

3.4.1.8 Notify the presiding judge of any change in racing equipment or shoes before the race;

3.4.1.9 Inspect and supervise the maintenance of all emergency equipment kept in the paddock;

3.4.1.10 Notify the judges of the reason for any horse returning to the paddock after having entered the track for the post parade and before the start of the race;

3.4.1.11 Supervise and maintain the cleanliness of the paddock; and

3.4.1.12 Supervise the conduct of all persons in the paddock.

3.4.2 Report to the Presiding Judge. The paddock judge shall:

3.4.2.1 Immediately notify the presiding judge of anything that could in any way change, delay or otherwise affect the racing program;

3.4.2.2 Report to the presiding judge any observed cruelty to a horse; and

3.4.2.3 Any other violations of these rules.

3.5 Horse Identifier / Equipment Checker

3.5.1 General Authority. The horse identifier / equipment checker shall be present for each race. The duties of the horse identifier / equipment checker are:

3.5.1.1 Maintain a listing of all equipment worn, including shoes, and the tattoo or freeze brand, or Micro Chip number for each horse racing at the meeting;

3.5.1.2 Each time a horse races, identify the horse by checking the lip tattoo or freeze brand, or Micro Chip;

3.5.1.3 Compare the type and condition of equipment actually being used by each horse for each race with the approved equipment listed; and

3.5.1.4 Maintain and ensure the proper working condition of Micro Chip readers.

3.5.2 Report Violations. The horse identifier / equipment checker shall report to the paddock judge immediately any discrepancies or faulty equipment discovered by the investigations specified in this Rule, which findings are to be reported immediately to the presiding judge. Such discrepancies shall be forwarded to the USTA. The presiding judge's ruling in these matters is final.

3.6 Starter

3.6.1 General Authority

3.6.1.1 The starter is responsible to provide a fair start for each race.

3.6.1.2 The starter shall be an employee or contractor of the association.

3.6.1.3 The starter shall ensure that the driver is cognizant of and capable of performing all required procedures.

3.6.2 Report Violations. The starter shall report violations of these rules occurring at the start of a race to the judges.

3.6.3 Disciplinary Action. The starter shall have authority to assess fines and to suspend the license of drivers for any violation of these rules from the formation of the parade until the word "Go" is given.

3.6.4 Schooling and Qualifying. The starter shall school horses as may be necessary and shall prepare a list of horses not qualified to start, which shall be delivered to the judges and entered on the Steward's List. The Steward's List shall be posted in the racing secretary's office with the list of horses not qualified to start.

3.7 Charter / Program Director

3.7.1 General Authority. The Charter is responsible for providing a complete and accurate chart of each race. An accurate Judge’s Book shall incorporate a chart of each race which shall include the following:

3.7.1.1 Horse's name and electronic eligibility certificate number;

3.7.1.2 Driver's name and USTA membership number, and trainer’s name and USTA membership number;

3.7.1.3 Date and place of the race;

3.7.1.4 Track code;

3.7.1.5 Track condition and temperature;

3.7.1.6 Type of race (trot or pace);

3.7.1.7 Classification of race;

3.7.1.8 Distance other than a mile;

3.7.1.9 Fractional times of the leading horse, including the race time;

3.7.1.10 Post position, position at the 1/4‑mile, the 1/2‑mile and the 3/4‑mile poles and at the head of the stretch with lengths behind the leader and finish position with lengths behind the winner;

3.7.1.11 Official order of finish;

3.7.1.12 Individual time of each horse;

3.7.1.13 Closing dollar odds (with favorite designated by an asterisk);

3.7.1.14 The standard symbols for breaks, park outs free legged pacers, and hobbled trotters where applicable;

3.7.1.15 The standard symbols for medications, where applicable;

3.7.1.16 In claiming races, the price for which the horse is entered to be claimed;

3.7.1.17 Mutuel data to include the payoff prices for win, place, show, daily double, exacta, trifecta, superfecta, and any other exotic wager;

3.7.1.18 Notations of placings, disqualifications and claimed horses;

3.7.1.19 The names and addresses of owners; and

3.7.1.20 Notations of scratched or ruled out horses.

3.7.2 Other Duties. The Charter / Program Director shall also be responsible for keeping and verifying the Judge’s Book and eligibility certificates provided by the U.S.T.A. / Standardbred Canada and recording therein all required information.

3.7.3 The Charter / Program Director is also responsible for furnishing the public complete and accurate past performance information.

3.8 Official Timer / Photo Finish Technician

3.8.1 General Authority. The timer shall accurately record the time elapsed between the start and finish of each race.

3.8.2 Timing Procedure. The time shall be recorded from the instant that the first horse leaves the point from which the distance is measured until the first horse reaches the finish line.

3.8.3 Timing Races

3.8.3.1 In every race, the time of each heat shall be accurately recorded by 2 timers or an approved electrical timing device, in which case, there shall be 1 timer.

3.8.3.2 Times of heats shall be recorded in minutes, seconds and fifths of a second.

3.8.3.3 Immediately following each heat, the elapsed time of the heat shall be publicly announced or posted on the tote board.

3.8.3.4 No unofficial timing shall be announced, posted or entered into the official record.

3.8.4 Error in Reported Time

3.8.4.1 In circumstances involving an error in timing, no time shall be announced, posted or recorded for that heat.

3.8.4.2 In any case of alleged error regarding a horse's official time, the time in question shall not be changed to favor the horse or its owner, except upon the sworn statement of the judges and official timers who officiated in the race.

3.9 Patrol Judge

3.9.1 General Authority. The patrol judge, when utilized, is responsible for observing the race and reporting information concerning the race to the judges. If the track's video replay system is deemed adequate by the Commission, use of patrol judges is optional.

3.10 Commission Veterinarian

3.10.1 General Authority. The Commission veterinarian shall:

3.10.1.1 Be appointed by the Commission;

3.10.1.2 Possess a Delaware Veterinarian License;

3.10.1.3 Recommend to the judges any horse deemed unfit to race following an examination;

3.10.1.4 Place horses on the Veterinarian's List, when necessary, and remove horses from the Veterinarian's List;

3.10.1.5 Place horses on the Bleeder List and remove horses from the Bleeder List;

3.10.1.6 Maintain a continuing health and racing soundness record of each horse given a racing soundness inspection;

3.10.1.7 Supervise the taking of all specimens for testing according to procedures approved by the Commission;

3.10.1.8 Provide proper safeguards in the handling of all laboratory specimens to prevent tampering, confusion or contamination;

3.10.1.9 Report to the Commission the names of all horses humanely destroyed or which otherwise expire at the meeting and the reasons therefore;

3.10.1.10 Maintain all required records of postmortem examinations performed on horses which have died on Association grounds;

3.10.1.11 Review and make recommendations regarding Commission license applications of practicing veterinarians;

3.10.1.12 Cooperate with practicing veterinarians and other regulatory agencies to take measures to control communicable or reportable equine diseases;

3.10.1.13 Supervise the periodic review of all horse papers under the jurisdiction of the Commission to ensure that all required tests and health certificates are current and properly filed in accordance with these rules;

3.10.1.14 Be authorized to humanely euthanize any horse deemed to be so seriously injured that it is in the best interests of the horse to so act; and

3.10.1.15 Supervise the activities of Veterinary Technicians.

3.10.2 Racing Responsibilities. With respect to the conduct of each race, and each race meeting authorized by the Commission, the Commission veterinarian shall:

3.10.2.1 Be available to inspect any horses and report on their condition as may be requested by the judges;

3.10.2.2 Inspect any horse when there is a question as to the physical condition of such horse;

3.10.2.3 Recommend scratching a horse to the judges if, in the Commission veterinarian's opinion, the horse is physically incapable of exerting its best effort to win following an examination and communication of same to the trainer or his designee;

3.10.2.4 Inspect any horse which appears in physical distress during the race or at the finish of the race; and shall report such horse together with the Commission veterinarian's opinion as to the cause of the distress to the judges;

3.10.2.5 Refrain from directly treating or prescribing for any horse scheduled to participate during his term of appointment at any recognized meeting except in cases of emergency, accident or injury;

3.10.2.6 Refuse employment or payment, directly or indirectly, from any owner or trainer of a horse racing or intending to race in the State of Delaware while employed as a Commission veterinarian;

3.10.2.7 Conduct soundness inspections on horses participating in races at the meeting;

3.10.2.8 Place horses on or remove them from the Veterinarian's List.

3.10.3 Veterinarian’s List. The Commission veterinarian shall maintain a list of all horses which the Commission veterinarian has determined to be unfit to compete in a race due to physical distress, unsoundness, infirmity or medical condition. A horse may be placed on the Veterinarian’s List by a Commission veterinarian for a prescribed number of days and then be allowed to race after those days have elapsed.

3.11 Bleeder Medication Veterinarian

3.11.1 General Authority. The bleeder medication veterinarian shall:

3.11.1.1 Fully cooperate and coordinate bleeder medication veterinarian duties, responsibilities, schedules and related functions with the Commission veterinarian;

3.11.1.2 Possess a Delaware Veterinarian License;

3.11.1.3 Report to the State Furosemide (Salix) stall treatment area at least 30 minutes prior to the first scheduled Salix treatment;

3.11.1.4 Record the name of the horse and the time that the Salix is administered, and denote "IV" or "IM", as appropriate;

3.11.1.5 Report to the paddock judge any horse that fails to show, or is late to the State Salix stall;

3.11.1.6 Administer Furosemide (Salix) to each horse on the Bleeder List, and administer Aminocaproic Acid in accordance with Rule 8.3.5. of these Rules;

3.11.1.7 Collect fees for each injection at the time of administration; credit shall not be given at any time;

3.11.1.8 Turn in the list of horses and times of administration to the paddock judge prior to leaving each race day;

3.11.1.9 Report any unusual findings to the paddock judge without delay; and

3.11.1.10 Supervise the activities of veterinary technicians.

3.11.2 Bleeder List. With the approval of the Commission veterinarian, the bleeder medication veterinarian may recommend horses to be placed on and off the Bleeder List.

3.12 Chief DHRC Investigator

3.12.1 The Commission may appoint a Chief DHRC Investigator for each harness racing meet. The Chief DHRC Investigator shall perform all duties prescribed by the Commission consistent with the purposes of Section 3.0 of this regulation. Such racing investigator shall have full and free access to the books, records, and papers pertaining to the pari-mutuel system of wagering and to the enclosure or space where the pari-mutuel system is conducted at any harness racing meeting to which the racing investigator shall be assigned for the purpose of ascertaining whether the holder of such permit is operating in compliance with the Commission’s rules and regulations. The Chief DHRC Investigator shall investigate whether such rules and regulations promulgated by the Commission are being violated at such harness race track or enclosure by any licensee, patron, or other person. Upon discovering any such violation, the Chief DHRC Investigator shall immediately report the findings in writing and under oath to the Commission or its designee as it may deem fitting and proper. The Chief DHRC Investigator shall devote the Chief DHRC Investigator's full time to the duties of the office and shall not hold any other position or employment.

3.12.2 Subject to the approval of the Commission, and under the direction of the Administrator of Racing, the Chief DHRC Investigator may be delegated one or more of the following responsibilities:

3.12.2.1 Supervising the licensing function of the Commission, including performing background checks and fingerprinting applicants for licensure, and facilitating the Commission’s participation in a uniform, multi-jurisdictional, reciprocal licensing scheme;

3.12.2.2 Consulting with track security and with law enforcement agencies both within and outside of Delaware;

3.12.2.3 Supervising the human and equine drug-testing programs provided for in these Rules;

3.12.2.4 Conducting vehicle and stall searches;

3.12.2.5 Intelligence gathering and dissemination;

3.12.2.6 Responding to patron complaints regarding the integrity of racing; and

3.12.2.7 Where appropriate, presenting complaints to the Commission for disposition, including complaints seeking disciplinary action against licensees of the Commission.

3.13 Administrator of Racing. The Commission may employ an Administrator of Racing who shall perform all duties prescribed by the Commission consistent with the purposes of this rule. The Administrator of Racing shall devote the Administrator of Racing’s full time to the duties of the office and shall not hold any other office. The Administrator of Racing shall be the representative for the Commission at all meetings of the Commission and shall keep a complete record of its proceedings and preserve, at its general office, all books, maps, documents, and papers entrusted to its care. The Administrator of Racing shall be the executive officer of the Commission and shall be responsible for keeping all Commission records and carrying out the rules and orders of the Commission. The Commission may appoint the Administrator of Racing to act as a hearing officer to hear appeals from administrative decisions of the Board of Judges.

3.14 Any Other Person Designated by the Commission. The Commission may create additional racing official positions, as needed. Persons selected for these positions shall be considered racing officials and shall be subject to the general eligibility requirements outlined in subsection 3.1.1 of this regulation.

History

• 1 DE Reg. 501 (11/01/97)
• 2 DE Reg. 1068 (01/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 1050 (02/01/08)
• 22 DE Reg. 47 (07/01/18)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 504 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 10 DE Reg. 980 (12/01/06)
• 14 DE Reg. 894 (03/01/11)
• 1 DE Reg. 504 (11/01/97))
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1764 (04/01/99)
• 4 DE Reg. 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 1512 (05/01/04)
• 10 DE Reg. 1421 (03/01/07)
• 11 DE Reg. 308 (09/01/07)
• 14 DE Reg. 1338 (06/01/11)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 467 (12/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 1 DE Reg. 502 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 308 (09/01/07)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 502 (11/01/97)
• 5 DE Reg. 832 (10/01/01)
• 10 DE Reg. 1422 (03/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 14 DE Reg. 23 (07/01/10)
• 14 DE Reg. 894 (03/01/11)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 47 (07/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 2 DE Reg. 1241 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg. 1520 (05/01/00)
• 4 DE Reg. 1123 (01/01/01)
• 4 DE Reg. 1652 (04/01/01)
• 5 DE Reg. 1691 (03/01/02)
• 6 DE Reg. 862 (01/01/03)
• 7 DE Reg. 1512 (05/01/04)
• 11 DE Reg. 308 (09/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 666 (11/01/08)
• 16 DE Reg. 282 (09/01/12)
• 16 DE Reg. 754 (01/01/13)
• 17 DE Reg. 1060 (05/01/14)
• 21 DE Reg. 563 (01/01/18)
• 22 DE Reg. 47 (07/01/18)
• 24 DE Reg. 662 (01/01/21)
• 24 DE Reg. 942 (04/01/21)
• 1 DE Reg. 923 (01/01/98)
• 2 DE Reg. 684 (10/01/98)
• 2 DE Reg. 1764 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg 1520 (05/01/00)
• 4 DE Reg 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 42 (07/01/03)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 1074 (02/01/09)
• 13 DE Reg. 841 (12/01/09)
• 14 DE Reg. 553 (12/01/10)
• 15 DE Reg. 1322 (03/01/12)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 17 DE Reg. 1060 (05/01/14)
• 18 DE Reg. 466 (12/01/14)
• 18 DE Reg. 781 (04/01/15)
• 19 DE Reg. 1077 (06/01/16)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 25 DE Reg. 693 (01/01/22)
• 27 DE Reg. 697 (06/01/24)
• 12 DE Reg. 1305 (04/01/09)

3 Del. Admin. Code § 501-4.0 Associations

4.1 General Duty

4.1.1 An Association, its officers, directors, officials and employees shall comply with the rules and orders of the Commission and judges.

4.1.2 An Association may request an exemption from a requirement in this chapter to utilize new technology or innovative construction or design of the racetrack facilities. The Commission may grant an exemption if it determines that:

4.1.2.1 The Association's proposal substantially satisfies the purpose of the requirement; and

4.1.2.2 The exemption is in the best interests of the race horses, the racing industry and the citizens of Delaware.

4.2 Financial Requirements

4.2.1 Insurer of the Race Meeting

4.2.1.1 Approval of a race meeting by the Commission does not establish the Commission as the insurer or guarantor of the safety or physical condition of the association's facilities or purse of any race.

4.2.1.2 In accordance with §10043 of the Act, an association shall timely provide the Commission with a certificate of liability insurance, in an amount approved by the Commission, with premium prepaid. The insurance shall provide a minimum of medical expense coverage equal to the average daily purse account raced for at the previous meeting conducted by the association.

4.2.1.3 An association shall maintain in an approved depository, those amounts deducted from the pari-mutuel handle for distribution for the purposes specified in the Act and Commission rules.

4.2.1.4 An association is responsible to ensure that the amounts retained from the pari-mutuel handle are distributed according to the Act and Commission rules and not otherwise.

4.2.1.5 An association shall ensure that all purse monies, disbursements and appropriate nomination race monies are available to make timely distribution in accordance with the Act, Commission rules, association rules and race conditions, and with any contractual arrangements with the horsemen's association recognized for purposes related to the allocation of purses, if applicable.

4.2.2 Financial Reports

4.2.2.1 The Commission may require periodic audits to determine that the association has funds available to meet those distributions for the purposes required by the Act, Commission rules, the conditions and nomination race program of the race meeting and the obligations incurred in the daily operation of the race meeting.

4.2.2.2 Pursuant to §10029(e) or §10055(a) of the Act, the Commission may require that the books, records and financial or other statements of any association licensed under the provisions of the Act, or licensed to make, conduct and sell pools in accordance with Subchapter IV of the Act, shall be kept in such form or in such manner as the Commission prescribes.

4.2.2.3 In accordance with §10030 of the Act, every licensed association shall file with the Department of Finance, not later than 4 months after the close of the association's fiscal year, a statement, duly certified by an independent public accountant, of its receipts from all sources whatsoever during the fiscal year and of all expenses and disbursements, itemized in the manner and form directed by the Department of Finance, showing the net revenue from all sources derived by the licensee during the fiscal year covered by such statement.

4.2.2.4 Pursuant to §10029(e) or §10055(a) of the Act, the Commission may visit, investigate and place expert accountants and such other persons as it deems necessary, in the offices, tracks or places of business of any licensed association, or in the office or place of business of any person or entity licensed to operate a pool, for the purpose of satisfying itself that the Commission's rules and regulations are strictly complied with. The salaries and expenses of such expert accountants or other persons shall be paid by the association to whom they are assigned.

4.2.2.5 Any financial reports, or any other financial information, obtained pursuant to the Act or these rules shall not be disclosed as public information except as required by 29 Del.C. Ch. 100.

4.3 Facilities and Equipment

4.3.1 Facilities for Patrons and Licensees

4.3.1.1 An association shall ensure that the public areas of the association grounds are designed and maintained for the comfort and safety of the patrons and licensees and are accessible to all persons with disabilities as required by federal law.

4.3.1.2 An association shall provide and maintain adequate restroom facilities for the patrons and licensees.

4.3.1.3 An association shall provide an adequate supply of free drinking water.

4.3.1.4 An association shall maintain all facilities on association grounds to ensure the safety and cleanliness of the facilities at all times.

4.3.1.5 During a race performance, the association shall provide:

4.3.1.5.1 A first aid room equipped with at least 2 beds and other appropriate equipment; and

4.3.1.5.2 The services of at least 1 certified emergency medical technician (EMT).

4.3.1.6 An association shall provide a properly equipped ambulance, staffed with certified paramedics or EMTs, at any time the racetrack is open for racing. If the ambulance is being used to transport an individual, the association may not conduct a race until the ambulance is replaced.

4.3.1.7 An association shall provide adequate office space for the use of the judges and other Commission personnel as required by the Commission. The location and size of the office space, furnishings and equipment required under this section must be approved by the Commission, after appropriate consideration has been given to the limitations of available space and/or other resources or infrastructure on the grounds of the association.

4.3.1.8 An association shall promptly post Commission notices in places that can be easily viewed by patrons and licensees.

4.3.2 Officials' Stands. An association shall provide adequate stands for officials to have a clear view of the racetrack. The location and design of the stands must be approved by the Commission.

4.3.3 Audio and Visual Equipment

4.3.3.1 An association shall provide and maintain in good working order a communication system between the:

4.3.3.1.1 Judges' stand;

4.3.3.1.2 Racing office;

4.3.3.1.3 Tote room;

4.3.3.1.4 Paddock;

4.3.3.1.5 Test barn;

4.3.3.1.6 Starting gate;

4.3.3.1.7 Recording system locations;

4.3.3.1.8 Veterinarian and veterinary technician;

4.3.3.1.9 Track announcer;

4.3.3.1.10 Location of the ambulances (equine and human); and

4.3.3.1.11 Other locations and persons designated by the Commission.

4.3.3.2 An association shall provide and maintain a public address system capable of clearly transmitting announcements to the patrons and to the stable area.

4.3.3.3 An association shall provide an electronic photo finish device to photograph, videotape or otherwise record visually the finish of each race and record the time of each horse in at least hundredths of a second. The location and operation of the photo finish devices must be approved by the Commission before its first use in a race. The association shall promptly post a photograph of each photo finish for win, place or show in an area accessible to the public. The association shall ensure that the photo finish devices are calibrated before the first day of each race meeting and at other times as required by the Commission. On request by the Commission, the association shall provide, without cost, a print of a photo finish to the Commission. Photo finish prints of each race shall be maintained by the association for not less than 6 months after the end of the race meeting, or such other period as may be requested by the judges or the Commission. It is the duty of the presiding judge to ensure that the photo finish camera is in proper working order before the start of the race. Whenever the judges use a photo to determine the order of finish it shall be displayed for public inspection.

4.3.3.4 An association shall provide for the use of the photo finish head numbers, saddle pads, and a starting gate, with approved backups.

4.3.3.5 An association shall provide a recording system approved by the Commission. Cameras must be located to provide clear panoramic and head-on views of each race. Separate monitors, which simultaneously display the images received from each camera and are capable of simultaneously displaying a synchronized view of the recordings of each race for review shall be provided in the judges' stand. The location and construction of recording system equipment supports must be approved by the Commission.

4.3.3.6 The judges may, at their discretion, direct the recording system operators to record the activities of any horses or persons handling horses prior to, during or following a race.

4.3.3.7 Races must be recorded by an adequate number of recording cameras, as approved by the Commission.

4.3.3.8 An association shall, upon request, provide to the Commission, without cost, a copy of a recording of a race.

4.3.3.9 Recordings made prior to, during and following each race shall be maintained by the association for not less than 6 months after the end of the race meeting, or such other period as may be requested by the judges or the Commission.

4.3.3.10 An association shall provide a viewing area in which, on approval by the judges, an owner, trainer, driver or other interested individual may view a recording of a race.

4.3.3.11 Following any race in which there is an inquiry or objection, the association shall display to the public on designated monitors the videotaped recorded replays of the incident in question which were utilized by the judges in making their decision.

4.3.4 Racetrack

4.3.4.1 The surface of a racetrack must be designed, constructed and maintained to provide for the safety of the drivers and horses.

4.3.4.2 Upon the request of the Commission, a licensed surveyor shall provide to the Commission a certified track measurement.

4.3.4.3 Distances to be run shall be measured from the starting line at a distance 3 feet out from the inside rail or other fixed marker.

4.3.4.4 The surveyor's report must be approved by the Commission prior to the first race day of the meeting.

4.3.4.5 An association shall provide an adequate drainage system for the racetrack.

4.3.4.6 An association shall provide adequate equipment and personnel to maintain the track surface and appurtenances in a safe training and racing condition. The association shall provide back-up equipment for maintaining the track surface.

4.3.5 Rails. The design and construction of rails, where used, must be approved by the Commission prior to the first race meeting at the track.

4.3.6 Starting Gates. During racing hours, an association shall provide at least 2 operable starting gates, which have been approved by the Commission.

4.3.7 Distance Markers. An association shall provide starting point markers and distance poles in a size and position that is clearly seen from the judges' stand.

4.3.8 Saddle Pad Colors

4.3.8.1 All extended pari-mutuel racetracks shall adopt the following color format for saddle pad colors for post positions in each race:

4.3.8.1.1 Post Position 1 ‑ Red

4.3.8.1.2 Post Position 2 ‑ Blue

4.3.8.1.3 Post Position 3 ‑ White

4.3.8.1.4 Post Position 4 ‑ Green

4.3.8.1.5 Post Position 5 ‑ Black

4.3.8.1.6 Post Position 6 ‑ Yellow

4.3.8.1.7 Post Position 7 ‑ Pink

4.3.8.1.8 Post Position 8 ‑ Gray

4.3.8.1.9 Post Position 9 ‑ Purple

4.3.8.1.10 Post Position 20 ‑ Blue/Red

4.3.8.1.11 Post Position 11 ‑ Light Blue

4.3.8.1.12 Post Position 12 ‑ Red/White

4.3.8.2 All saddle pad numbers, with the exception of post positions 3 and 5, shall be white with a black border. The saddle pad numbers for post positions 3 and 5 shall be solid black and solid white, respectively.

4.3.9 Lighting

4.3.9.1 An Association shall provide lighting for the racetrack and the patron facilities that is adequate to ensure the safety and security of the patrons, licensees and horses. Lighting to ensure the proper operation of the videotape and photo finish equipment must be approved by the Commission.

4.3.9.2 An Association shall provide adequate additional lighting in the stable area as required by the Commission.

4.3.9.3 If an Association conducts racing at night, the Association shall maintain a back-up lighting system that is sufficient to ensure the safety of race participants and patrons.

4.3.10 Equine Ambulance

4.3.10.1 An Association shall provide an equine ambulance on Association grounds on each day that the racetrack is open for pari-mutuel and qualifying racing or training.

4.3.10.2 The ambulance must be properly ventilated and kept at an entrance to the racing strip when not in use.

4.3.10.3 The ambulance must be a covered vehicle that is low to the ground and large enough to accommodate a horse in distress. The ambulance must be able to:

4.3.10.3.1 Navigate on the racetrack during all weather conditions; and

4.3.10.3.2 Transport a horse off the association grounds.

4.3.10.4 The ambulance must be equipped with:

4.3.10.4.1 Ramps to facilitate loading a horse;

4.3.10.4.2 Adequate means of loading a horse that is down;

4.3.10.4.3 A rear door;

4.3.10.4.4 A movable partition to initially provide more room to load a horse and to later restrict a horse's movement; and

4.3.10.4.5 A shielded area for the person who is attending to the horse.

4.3.10.5 An association may not conduct a race unless an equine ambulance or an official veterinarian‑approved substitute is readily available.

4.3.10.6 The equine ambulance, its supplies and attendants and the operating procedures for the equine ambulance must be approved by the official veterinarian.

4.3.11 Receiving Area

4.3.11.1 An association shall provide a receiving area and paddock containing a sufficient number of stalls to accommodate all horses in to race for that day.

4.3.11.2 An association shall ensure that the paddock and receiving barns are kept clean and in good repair. Each paddock, including the receiving barn, shall include hot and cold water, be well‑ventilated, have proper drainage and be constructed to be comfortable in all seasons.

4.3.11.3 An association shall provide an adequate area for the placement of manure removed from the stalls. All manure must be removed from the stable area on a prompt and regular schedule.

4.3.12 Isolation Area

4.3.12.1 An association shall provide an isolation area for the care and treatment of a horse that is ordered isolated by the State veterinarian.

4.3.12.2 The isolation area must be approved by the presiding judge.

4.3.13 Weather Equipment. An association shall provide a consistent method whether by instrumentation or otherwise to obtain an appropriate means for measuring temperature. The presiding judge shall consult at least one member of the driver’s committee by the third race to determine an allowance. The following guidelines shall be used in making this determination:

Temperature or Wind chill:

32 degrees - 25 degrees (F) = 1 second allowance

24 degrees - 15 degrees (F) = 2 second allowance

14 degrees - 0 degrees (F) = 3 second allowance

Other relevant factors such as precipitation shall also be considered.

4.4 Operations

4.4.1 Security

4.4.1.1 An association conducting a race meeting shall maintain security controls over its premises. Security controls are subject to the approval of the Commission.

4.4.1.2 An association may establish a system or method of restricting access to its restricted areas or to ensure that all participants at its race meeting are licensed as required by these rules.

4.4.1.3 An association shall prevent access to and shall remove or cause to be removed from its restricted areas any person who is unlicensed, or who has not been issued a visitor's pass or other identifying credential, or whose presence in such restricted area is unauthorized.

4.4.1.4 Unless otherwise authorized by the Commission, an association shall provide continuous security in the receiving and paddock areas during all times that horses are on the grounds to race. An association shall provide security fencing around the paddock and receiving areas in a manner that is approved by the Commission.

4.4.1.5 On request by the Commission, an association shall provide a list of the security personnel, including the name, qualifications, training, duties duty station and area supervised by each employee.

4.4.1.6 Each day, the chief of security for an association shall deliver a written report to the presiding judge regarding occurrences on association grounds relating to harness horse racing on the previous day. Not later than 24 hours after an incident occurs requiring the attention of security personnel, the chief of security shall deliver to the presiding judge a written report describing the incident. The report must include the name of each individual involved in the incident, the circumstances of the incident and any recommended charges against each individual involved.

4.4.2 Fire Prevention

4.4.2.1 An association shall develop and implement a program for fire prevention on association grounds. An association shall instruct employees working on association grounds of the procedures for fire prevention.

4.4.2.2 No person shall:

4.4.2.2.1 Smoke in the receiving areas, paddock, or within any building on association grounds;

4.4.2.2.2 Burn open fires or oil and gas lamps in the association grounds;

4.4.2.2.3 Leave unattended any electrical appliance that is plugged‑in to an electrical outlet;

4.4.2.2.4 Permit horses to come within reach of electrical outlets or cords;

4.4.2.2.5 Store flammable materials such as cleaning fluids or solvents in the receiving and paddock areas; or

4.4.2.2.6 Lock a stall which is occupied by a horse.

4.4.2.3 An association shall post a notice in the receiving areas and paddock which lists the prohibitions outlined in subsections 4.4.2.2.1 - 4.4.2.2.6 above.

4.4.3 Insect and Rodent Control. An association and the licensees occupying the association's receiving areas and paddock shall cooperate in procedures to control insects, rodents or other hazards to horses or licensees.

4.4.4 Complaints

4.4.4.1 An association shall designate a location and provide personnel who shall be readily available to the public to provide or receive information.

4.4.4.2 An association shall promptly notify the Commission of a complaint regarding:

4.4.4.2.1 An alleged violation of the Act or a rule of the Commission;

4.4.4.2.2 An alleged violation of ordinances or statutes;

4.4.4.2.3 Accidents or injuries; or

4.4.4.2.4 Unsafe or unsanitary conditions for patrons, licensees or horses.

4.4.5 Ejection and Exclusion. An association may eject or exclude a person for any lawful reason.

History

• 1 DE Reg. 501 (11/01/97)
• 2 DE Reg. 1068 (01/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 1050 (02/01/08)
• 22 DE Reg. 47 (07/01/18)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 504 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 10 DE Reg. 980 (12/01/06)
• 14 DE Reg. 894 (03/01/11)
• 1 DE Reg. 504 (11/01/97))
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1764 (04/01/99)
• 4 DE Reg. 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 1512 (05/01/04)
• 10 DE Reg. 1421 (03/01/07)
• 11 DE Reg. 308 (09/01/07)
• 14 DE Reg. 1338 (06/01/11)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 467 (12/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 1 DE Reg. 502 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 308 (09/01/07)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 502 (11/01/97)
• 5 DE Reg. 832 (10/01/01)
• 10 DE Reg. 1422 (03/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 14 DE Reg. 23 (07/01/10)
• 14 DE Reg. 894 (03/01/11)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 47 (07/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 2 DE Reg. 1241 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg. 1520 (05/01/00)
• 4 DE Reg. 1123 (01/01/01)
• 4 DE Reg. 1652 (04/01/01)
• 5 DE Reg. 1691 (03/01/02)
• 6 DE Reg. 862 (01/01/03)
• 7 DE Reg. 1512 (05/01/04)
• 11 DE Reg. 308 (09/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 666 (11/01/08)
• 16 DE Reg. 282 (09/01/12)
• 16 DE Reg. 754 (01/01/13)
• 17 DE Reg. 1060 (05/01/14)
• 21 DE Reg. 563 (01/01/18)
• 22 DE Reg. 47 (07/01/18)
• 24 DE Reg. 662 (01/01/21)
• 24 DE Reg. 942 (04/01/21)
• 1 DE Reg. 923 (01/01/98)
• 2 DE Reg. 684 (10/01/98)
• 2 DE Reg. 1764 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg 1520 (05/01/00)
• 4 DE Reg 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 42 (07/01/03)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 1074 (02/01/09)
• 13 DE Reg. 841 (12/01/09)
• 14 DE Reg. 553 (12/01/10)
• 15 DE Reg. 1322 (03/01/12)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 17 DE Reg. 1060 (05/01/14)
• 18 DE Reg. 466 (12/01/14)
• 18 DE Reg. 781 (04/01/15)
• 19 DE Reg. 1077 (06/01/16)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 25 DE Reg. 693 (01/01/22)
• 27 DE Reg. 697 (06/01/24)
• 12 DE Reg. 1305 (04/01/09)

3 Del. Admin. Code § 501-5.0 Licensees

5.1 General Provisions

5.1.1 Licenses Required

5.1.1.1 A person shall not participate in pari-mutuel racing under the jurisdiction of the Commission without a valid license issued by the Commission. License categories shall include the following and others as may be established by the Commission:

5.1.1.1.1 Racing participants and personnel (including owner, authorized agent, trainer, assistant trainer, driver, veterinarian, veterinary assistant, horseshoer and stable employees);

5.1.1.1.2 Racing officials (including the judges, racing secretary, paddock judge, horse identifier and equipment checker, official starter, official charter, official timer, photo finish technician, patrol judge, program director, veterinarians and veterinary technicians);

5.1.1.1.3 Persons employed by the association, or employed by a person or concern contracting with or approved by the association or Commission to provide a service or commodity, which requires their presence in a restricted area; and

5.1.1.1.4 All Commission employees.

5.1.1.2 Persons required to be licensed shall submit a completed application on forms furnished by the Commission and accompanied by the required fee, which shall be determined by the Commission.

5.1.1.3 License applicants may be required to furnish to the Commission a set of fingerprints and a recent photograph and may be required to be re‑fingerprinted or re-photographed periodically as determined by the Commission.

5.1.2 Licensing Reciprocity. The Commission may license persons holding valid permanent (not temporary) licenses issued by Association of Racing Commissioners International (RCI) member racing jurisdictions in North America. The licensee must be in good standing; have cleared a Federal Bureau of Investigation (FBI) or Royal Canadian Mounted Police (RCMP) fingerprint check within the previous 36 months, or such other period as is required by the Commission; file an application and/or affidavit as may be required by the Commission; and pay the required fees prior to participating in racing.

5.1.2.1 The Commission may recognize the issuance of racing licenses from RCI member jurisdictions in North America for purposes of issuance of licenses in this jurisdiction.

5.1.2.2 Only permanent licenses in good standing shall be considered. Temporary or probationary licenses shall not be considered.

5.1.2.3 An applicant must be in good standing in each jurisdiction where they hold or have held a racing license.

5.1.2.4 The applicant must have submitted fingerprints within the past 36 months, or such other period as is required by this jurisdiction, for the purpose of a criminal records check by the FBI or RCMP. The applicant shall provide this jurisdiction with proof of licensure from another RCI member jurisdiction to which fingerprints were submitted.

5.1.2.5 The applicant shall submit the license application form and license fee required by this jurisdiction.

5.1.2.6 Provided the above requirements have been met, this jurisdiction may issue either a license and/or a validation sticker. The validation sticker shall be affixed to either a license issued by this jurisdiction or a valid license issued by another RCI member jurisdiction. This Commission shall determine the period of time that such license shall be valid in Delaware.

5.1.2.7 In the event the licensee is absent from this jurisdiction, and upon payment of the applicable fees, a receipt shall be mailed to the licensee's permanent address. The receipt may then be presented at the Commission office by the licensee so that a Commission representative may affix the proper validation sticker to the racing license badge.

5.1.3 Multi‑State Licensing Information. In lieu of a license application from this jurisdiction, the Commission shall accept an RCI Multi‑State License and Information form.

5.1.4 Age Requirement. Applicants for licensing shall be a minimum of 14 years of age unless otherwise specified in these rules. An applicant may be required to submit a certified copy of his birth certificate. Persons under the age of 18 may be required to show evidence of active participation in a certified educational program or have a high school diploma or equivalent.

5.1.5 Consent to Investigation. The filing of an application for license shall authorize the Commission to investigate criminal and employment records, to engage in interviews to determine applicant's character and qualifications and to verify information provided by the applicant.

5.1.6 Consent to Search and Seizure. By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents and to the seizure of any prohibited medication, drugs, paraphernalia or devices in accordance with state/provincial and federal law. Any drugs, medication or other materials seized may be forwarded by the Commission to the official chemist for analysis.

5.1.7 Licensees' Obligation to Protect Horses. Each person licensed by the Commission shall do all that is reasonable and within his power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

5.1.8 Substance Abuse/Controlled Substances

5.1.8.1 It is the right and obligation of the Commission to test and establish rules governing substance abuse and controlled substances to preserve the safety and integrity of harness racing.

5.1.8.1.1 All licensees shall be deemed to be exercising the privileges of their license, and to be subject to the requirements of these rules, when engaged in activities that could affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas.

5.1.8.1.2 As used in this regulation, the terms “controlled substance” and “drug paraphernalia” have the meanings provided in the Uniform Controlled Substance Act, 16 Del.C. Ch. 47.

5.1.8.2 It shall be a violation to exercise the privileges granted by a license from this Commission if the licensee:

5.1.8.2.1 Is engaged in the illegal sale or distribution of alcohol or any controlled substance;

5.1.8.2.2 Possesses, without a valid prescription, any controlled substance;

5.1.8.2.3 Is intoxicated or under the influence of alcohol or any controlled substance;

5.1.8.2.4 Has possession of any drug paraphernalia;

5.1.8.2.5 Refuses to submit to breathalyzer, urine or other alcohol or drug testing when requested by the presiding judge or chief investigator;

5.1.8.2.6 Presently has alcohol in the licensee's body. The results of a breathalyzer test showing a reading of more than 0.02% of alcohol in the blood shall be the criterion for a finding of alcohol present in the body; provided, however, that with respect to licensees under the age of 21, the presence of any measurable level of alcohol in the blood shall constitute a violation. The breathalyzer shall be maintained and tested to insure accuracy according to the guidelines of the manufacturer.

5.1.8.2.7 Presently has any controlled substance in the licensee's body. The presence of the drug controlled substance in any quantity measured by the testing instrument establishes the presence of the drug controlled substance for purposes of this paragraph. A licensee is responsible for giving notice (on a Commission approved form) to the chief investigator that the licensee is using a controlled substance or prescription drug under a valid prescription form a licensed physician. No licensee using a controlled substance or prescription drug will be allowed to participate in racing activities unless the physician has certified (on a Commission approved form) that the use of the controlled substance or prescription drug, when used as prescribed, will not adversely affect the licensee’s ability to properly and safely carry out the licensee’s responsibilities.

5.1.8.3 The Commission may conduct random or episodic alcohol or drug testing, as well as alcohol or drug testing based on reasonable suspicion.

5.1.8.3.1 No notice need be given as to onset or cessation of alcohol or drug testing.

5.1.8.3.2 The testing of a licensee may include a field test.

5.1.8.3.2.1 For licensees whose field test results are positive under this regulation, the field test results shall be confirmed by a laboratory acceptable to the Commission, provided that the licensee may be summarily suspended for up to 10 days pending the results of the laboratory confirmation test.

5.1.8.3.2.2 If the laboratory procedures confirm the field screening test results, all costs for the transportation and testing of the sample, shall be the financial responsibility of the licensee. Payment shall be due from the licensee immediately upon receipt of notice of the costs.

5.1.8.3.3 The testing of a licensee may also include a laboratory test without a prior field test.

5.1.8.3.3.1 When the sample quantity permits, each test sample may be divided into portions so that one portion may be used for the initial test or confirmation procedure and another portion may be utilized to obtain an independent drug analysis of the test sample.

5.1.8.3.3.2 All costs for the transportation and testing of an independent analysis of the specimen sample shall be the financial responsibility of the licensee. Payment shall be due from the licensee immediately upon receipt of notice of the costs.

5.1.8.3.4 The Commission shall provide for a secure chain of custody for the sample.

5.1.8.3.5 The Commission shall have discretion to require alcohol or drug testing at any time for any licensee having a prior violation of subsection 5.1.8.2.

5.1.8.4 A licensee penalized or restricted pursuant to this chapter shall retain rights of due process with respect to any determination of alleged violations which may adversely affect the right to hold a license.

5.1.8.5 If there has been a violation, as specified in subsection 5.1.8.2, the licensee shall be subject to the following actions:

5.1.8.5.1 The Commission or presiding judge may order the licensee to obtain a professional assessment to determine whether there is a substantial probability that the licensee is dependent on, or abuses, alcohol or any controlled substance.

5.1.8.5.2 Actions in the case of a first violation may include imposition of a fine of up to $1,000 or written warning, suspension of the license for up to 6 months, and placing the violator on probation.

5.1.8.5.3 Actions in the case of a second violation, within 2 years of the first violation may include imposition of a fine of up to $2,000 or written warning, suspension of the license for up to 1 year, placing the violator on probation and ordering the licensee to enroll in and complete, at the licensees expense, a recognized, appropriately licensed treatment program.

5.1.8.5.4 Actions in the case of a third or subsequent violation, within 2 years of the second or most recent violation, may include imposition of a fine of up to $5,000 or written warning, revocation of the license, suspension of the license for up to 5 years, placing the violator on probation and ordering the licensee to enroll in and complete, at the licensees expense, a recognized, appropriately licensed treatment program.

5.1.8.5.5 The licensee shall be required to pay for any costs associated with any alcohol or drug testing following a violation of subsection 5.1.8.2.

5.1.8.5.6 The terms of any probation shall be determined at the discretion of the Commission.

5.1.8.5.7 In the case of a violation of subsection 5.1.8.2 involving an illegal drug, actions for any violation may include any actions provided in subsection 5.1.8.5.4 otherwise applicable to third or subsequent violations.

5.1.9 Approval or Recommendations by Presiding Judge. The Commission may designate categories of licenses which shall require the presiding judge's prior approval or recommendation.

5.1.10 Employer Responsibility

5.1.10.1 The employment or harboring of any unlicensed person at facilities under the jurisdiction of the Commission is prohibited.

5.1.10.2 With respect to personnel actions based on a violation of any rule of the Commission relating to racing or pari-mutuel wagering, every employer shall report the discharge of any licensed employee in writing to the Commission or its designee, including the person's name, occupation and reason for the discharge.

5.1.11 Employer Endorsement of License Applications. The license application of an employee shall be signed by the employer.

5.1.12 Workers' Compensation. Licensed employers shall carry workers' compensation insurance covering their employees as required by Delaware law.

5.1.13 Financial Responsibility. Applicants for a license may be required to submit evidence of financial responsibility and shall maintain financial responsibility during the period for which the license is issued.

5.1.14 License Refusal. The Commission or its designee may refuse to issue a license and give the applicant the option of withdrawal of an application without prejudice. If an applicant is refused, the applicant may reapply for a license.

5.1.15 License Denial. The Commission may formally deny an application in accordance with these rules. An application denied shall be reported in writing to the applicant stating the reasons for denial, the date when a reapplication may be submitted, and shall be reported to the United States Trotting Association, which shall then advise other racing jurisdictions.

5.1.16 Grounds for Refusal, Denial, Suspension or Revocation of License

5.1.16.1 The Commission or its designee may refuse to issue or may deny a license to an applicant, or may suspend or revoke a license issued, or may order disciplinary measures, if the applicant:

5.1.16.1.1 Has been convicted of a felony;

5.1.16.1.2 Has been convicted of violating any law regarding gambling or a controlled dangerous substance;

5.1.16.1.3 Has pending criminal charges;

5.1.16.1.4 Is unqualified to perform the duties required of the applicant;

5.1.16.1.5 Has failed to disclose or states falsely any information required in the application;

5.1.16.1.6 Has been found in violation of statutes or rules governing racing in this state or other jurisdictions;

5.1.16.1.7 Has racing disciplinary charges pending in this state or other jurisdictions;

5.1.16.1.8 Has been or is currently excluded from association grounds by a recognized racing jurisdiction;

5.1.16.1.9 Has had a license denied, suspended or revoked by any racing jurisdiction;

5.1.16.1.10 Is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting;

5.1.16.1.11 Demonstrates financial irresponsibility by accumulating unpaid obligations, defaulting in obligations or issuing drafts or checks that are dishonored or payment refused;

5.1.16.1.12 Is ineligible for employment pursuant to federal or state law because of age or citizenship; or

5.1.16.1.13 Has violated any of the alcohol or substance abuse provisions outlined in these rules.

5.1.16.2 A license suspension or revocation shall be reported in writing to the applicant and the United States Trotting Association whereby other racing jurisdictions shall be advised.

5.1.17 License Restrictions, Limitations and Conditions. The Commission or its designee, for cause, may restrict, limit or place conditions on any license.

5.1.18 Duration of License

5.1.18.1 Licenses are valid for such other period as permitted by the Commission.

5.1.18.2 A license is valid only under the condition that the licensee remains eligible to hold such license.

5.1.19 Changes in Application Information. During the period for which a license has been issued, the licensee shall report to the Commission changes in information provided on the license applications as to current legal name, marital status, permanent address, criminal convictions, license suspensions of 10 days or more or license revocations or fines of $500 or more in other jurisdictions.

5.1.20 Temporary Licenses. The Commission may establish provisions for temporary licenses or may permit applicants to participate in racing pending action on an application.

5.1.21 More Than One License. More than 1 license to participate in horse racing may be granted to a person except when prohibited by these rules due to a potential conflict of interest.

5.1.22 Conflict of Interest

5.1.22.1 The Commission or its designee shall refuse, deny, suspend or revoke the license of a person whose spouse holds a license and which the Commission or judges find to be a conflict of interest.

5.1.22.2 A commissioner or Commission employee or racing official shall not be an owner of a horse entered to race, and shall not accept breeder awards at a race meeting where the Commission has jurisdiction.

5.1.22.3 A racing official who is an owner of either the sire or dam of a horse entered to race shall not act as an official with respect to that race.

5.1.22.4 A person who is licensed as an owner or trainer, or has any financial interest in a horse registered for racing at a race meeting in Delaware shall not be employed or licensed at that race meeting as a racing official; racetrack managing employee; photo finish operator; racing chemist or testing laboratory employee.

5.1.23 License Presentation

5.1.23.1 A person shall present an appropriate license to enter a restricted area.

5.1.23.2 The Presiding Judge may require visible display of a license in a restricted area.

5.1.23.3 A license may only be used by the person to whom it is issued.

5.1.24 Visitor's Pass. Track security may authorize unlicensed persons temporary access to restricted areas. Such persons shall be identified and their purpose and credentials verified and approved in writing by track security. A copy of the written approval shall be filed with the Commission or its designee within 48 hours. Such authorization or credential may only be used by the person to whom it is issued.

5.1.25 Safety Helmets and Vests

5.1.25.1 Safety Helmets. A protective helmet, meeting the Snell Foundation standards for protective harness racing headwear, securely fastened under the chin, must be worn at all times on association grounds when:

5.1.25.1.1 Racing, parading or warming up a horse prior to racing; or

5.1.25.1.2 Jogging, training or exercising a horse at any time.

5.1.25.2 Safety Vests. A safety vest approved by the Delaware Harness Racing Commission must be worn by all person at all times when on the main track whether for jogging, exercising, qualifying or racings.

5.1.25.3 A violation of this rule shall result in a suspension or fine and the participant may be referred to the Commission.

5.1.26 Knowledge of Rules

5.1.26.1 A licensee shall be knowledgeable of the rules of the Commission and by acceptance of the license, agrees to abide by the rules.

5.1.26.2 A licensee shall report to track security or to the judges any knowledge he has that a violation of these rules has occurred or may occur.

5.1.27 Standards of Conduct

5.1.27.1 No licensee shall use improper language to any race official, or be guilty of any improper conduct toward such officials or persons serving under their orders, such improper language or conduct having reference to the administration of the course, or of any race.

5.1.27.2 No licensee shall commit an assault, or an assault and battery, upon any driver, trainer, groom, racing official or Commission appointee on the grounds of a racing association, or upon a racing official or Commission appointee who is in the performance of official duties, nor shall any licensee threaten to do bodily or other injury to any driver, trainer, groom, racing official or Commission appointee, nor shall any licensee address to any such person language which is outrageously insulting.

5.1.27.3 If any licensee shall threaten, or join with others in threatening, not to race, or not to declare in, because of the entry of a certain horse or horses, or of a particular stable, thereby compelling or trying to compel the racing secretary to reject certain eligible entries, it shall be reported immediately to the presiding judge, and the offending parties may be suspended by the presiding judge pending a hearing before the Commission.

5.1.27.4 No owner, agent, trainer or driver who has entered a horse shall thereafter demand of the association a bonus of money or other special award or consideration as a condition for starting the horse.

5.1.27.5 No owner, trainer, or driver of a horse shall bet or cause any other person to bet on the owner's, trainer's, or driver's behalf on any other horse in any race in which there shall be a horse owned, trained or driven by the owner, trainer, or driver, or which the owner, trainer, or driver in anywise represents or handles or in which the owner, trainer, or driver has an interest; provided, however, that such a person may participate in multiple pool wagering on a race in which the owner's, trainer's, or driver's horse is included in the wager only in the first (winning) position.

5.1.27.6 If any licensee shall be approached with any offer or promise of a bribe, or a wager or with a request or suggestion for a bribe, or for any improper, corrupt or fraudulent act in relation to racing, or that any race shall be conducted otherwise than fairly and honestly, it shall be the duty of such licensee to report the details thereof immediately to the presiding judge.

5.1.27.7 Any misconduct on the part of a licensee or patron, fraudulent in its nature or injurious to racing, although not specified in these rules, is forbidden. Any licensee or other person who, individually or in concert with one another, shall fraudulently and corruptly, by any means, affect the outcome of any race or affect a false registration, or commit any other act injurious to racing, shall be guilty of a violation of these rules.

5.1.27.8 If 2 or more persons combine and confederate together, in any manner, regardless of where the said persons may be located, for the purpose of violating any of the Rules and Regulations of the Commission, and shall commit some act in furtherance of the said purpose or plan, it shall constitute a conspiracy and a violation of these rules.

5.1.27.9 In any case where an oath is administered by the judges, by the presiding judge, by the Commission or by a hearing officer thereof, under these rules, or by a Notary Public and any other person legally authorized to administer oaths, if the party knowingly swears falsely or withholds information pertinent to the investigation, he shall be fined, suspended, or both, or expelled.

5.1.27.10 The Commission may impose a fine or suspension on, or may refuse to license, any person subject to the jurisdiction of the Commission if the Commission finds that such person:

5.1.27.10.1 Is associating, consorting or negotiating with bookmakers, touts or other persons of similar pursuits; or

5.1.27.10.2 Is associating, consorting or negotiating with persons who have been convicted of a crime; or

5.1.27.10.3 Is guilty of fraud or has attempted any fraud or misrepresentation in connection with racing, breeding or otherwise; or

5.1.27.10.4 Has violated any law, rule or regulation with respect to racing in any jurisdiction; or

5.1.27.10.5 Has violated any rule, regulation or order of the Commission; or

5.1.27.10.6 Is of such experience, character or general unfitness that the person's participation in harness racing or related activities would be inconsistent with the public interest, convenience or necessity, or with the best interests of racing generally.

5.1.27.11 The Commission may refuse admission to race meeting grounds, and/or may eject from the enclosure of a race track operated by any association, any person whose presence there is, in the judgment of the Commission, inconsistent with the orderly or proper conduct of a race meeting, or whose presence or conduct is deemed detrimental to the best interests of harness racing.

5.1.27.12 Any person, whether a licensee or a patron, may be expelled from the enclosure of a race track operated by any association for any violation of subsection 5.1.27.

5.1.27.13 All licensees, officials and appointees of the Commission, and all employees of any association, are required to conduct themselves in a forthright and courteous manner at all times while on or near the premises of an association during the operation of a licensed harness race meeting. The Commission at any time may require the removal of any licensee, official, appointee or employee whose conduct does not comport with this requirement.

5.1.27.14 Licensees tampering with eligibility certificates may be fined, or their licenses may be suspended or revoked. Further, any winnings of such licensees in races in which a horse was entered whose eligibility certificate was tampered with by such licensee may be ordered forfeited.

5.2 Owners

5.2.1 Licensing Requirements for Owners

5.2.1.1 Each person who has an ownership or beneficial interest in a horse is required to be licensed.

5.2.1.2 An applicant for an owner's license shall own or lease a horse which is eligible to race, registered with the racing secretary and under the care of a trainer licensed by the Commission. An owner shall notify the judges of a change in trainer of the owner's horse. A horse shall not be transferred to a new trainer after entry.

5.2.1.3 The provisions of subsection 5.1.4 notwithstanding, a person younger than 14 years of age may apply for an owner’s license, provided that no licensed owner younger than 14 years of age will be permitted paddock access at any licensed association. If younger than 18 years of age, an applicant for an owner's license shall submit a notarized affidavit from the parent or legal guardian of the person younger than 14 stating that the parent or legal guardian expressly assumes responsibility for the applicant's financial, contractual and other obligations relating to the applicant's participation in racing.

5.2.1.4 If the Commission or its designee has reason to doubt the financial responsibility of an applicant for an owner's license, the applicant may be required to complete a verified financial statement.

5.2.1.5 Horses not under lease must race in the name of the bona fide owner. Each owner shall comply with all licensing requirements.

5.2.1.6 The Commission or its designee may refuse, deny, suspend or revoke an owner's license for the spouse or member of the family or household of a person ineligible to be licensed as an owner, unless there is a showing on the part of the applicant or licensed owner, and the Commission determines that participation in racing will not permit a person to serve as a substitute for an ineligible person. The transfer of a horse to circumvent the intent of a Commission rule or ruling is prohibited.

5.2.2 Licensing Requirements for Multiple Owners

5.2.2.1 If the legal owner of any horse is a partnership, corporation, limited liability company, syndicate or other association or entity, each shareholder, member or partner shall be licensed as required in subsection 5.1.1 of this regulation.

5.2.2.2 Each partnership, corporation, limited liability company, syndicate or other association or entity shall disclose to the Commission all owners holding a 5% or greater beneficial interest, unless otherwise required by the Commission.

5.2.2.3 Each partnership, corporation, limited liability company, syndicate or other association or entity which includes an owner with less than a 5% ownership or beneficial interest shall file with the Commission an affidavit which attests that, to the best of their knowledge, every owner, regardless of their ownership or beneficial interest, is not presently ineligible for licensing or suspended in any racing jurisdiction.

5.2.2.4 To obtain an owner's license, an owner with less than a 5% ownership or beneficial interest in a horse shall establish a bona fide need for the license and the issuance of such license shall be approved by the Commission.

5.2.2.5 Application for joint ownership shall include a designation of a managing owner and a business address. Receipt of any correspondence, notice or order at such address shall constitute official notice to all persons involved in the ownership of such horse.

5.2.2.6 The written appointment of a managing owner or authorized agent shall be filed with the United State Trotting Association or Canadian Trotting Association and with the Commission.

5.2.3 Lease Agreements. A horse may be raced under lease provided a completed breed registry or other lease form acceptable to the Commission is attached to the certificate of registration and on file with the Commission. The lessor and lessee shall be licensed as horse owners. For purposes of issuance of eligibility certificates or transfers of ownership, a lease for an indefinite term shall be considered terminable at the will of either party unless extended or reduced to a term certain by written documentation executed by both lessor and lessee.

5.2.4 Racing Colors. Drivers must wear distinguishing colors, and shall not be permitted to drive in a race or other public performance unless, in the opinion of the judges, they are properly dressed, their driving outfits are clean and they are well groomed. During inclement weather conditions, drivers must wear rain suits in either of their colors or made of a transparent material through which their colors can be distinguished.

5.3 Trainers

5.3.1 Eligibility

5.3.1.1 A person shall not train horses without first having obtained a trainer license from the Commission valid for the current year by meeting the standards for trainers, as established by the United States Trotting Association.

5.3.1.2 Valid categories of licenses are:

5.3.1.2.1 "A," a full license valid for all meetings and permitting operation of a public stable; and

5.3.1.2.2 "L," a license restricted to the training of horses while owned by the holder or the holder's immediate family at all race meetings.

5.3.1.3 If more than 1 person performs any of the criteria in subsections 5.3.1.3.1 through 5.3.1.3.5 or receives any form of compensation, directly or indirectly, for training or managing the horse, then that person must also obtain a trainer's license from the Commission valid for the current year by meeting the standards for trainers, as established by the United States Trotting Association. It shall be a violation for the principal trainer of a horse to fail to disclose that an unlicensed person is acting as a trainer. In addition, the Commission may deny a license to any person who prior to having been granted a trainers license is determined by the judges or Commission to have acted as a trainer. The principal trainer and any other trainer or trainers shall be liable for all rule violations and subject to a fine or suspension including revocation of license for such violation. For purposes of this rule, the judges shall use the following criteria in determining the identity of the trainer or trainers of a horse:

5.3.1.3.1 The identity of the person who is responsible for the business decisions regarding the horse, including, but not limited to, business arrangements with and any payments to or from owners or other trainers, licensed or otherwise, veterinarians, feed companies, hiring and firing of employees, obtaining workers’ compensation or proof of adequate insurance coverage, payroll, horsemen’s bookkeeper, etc.;

5.3.1.3.2 The identity of the person responsible for communicating, or who in fact does communicate, with the racing secretary’s office, stall manager, association and track management, owners, etc. regarding racing schedules and other matters pertaining to the entry, shipping and racing of the horse;

5.3.1.3.3 The identity of the person responsible for the principal conditioning of the horse;

5.3.1.3.4 The identity of the person responsible for race day preparation including, but not limited to, accompanying the horse to the paddock or ship-in barn, selection of equipment, authority to warm up the horse before the public, discussion with the driver of race strategy, etc.; and

5.3.1.3.5 The identity of the person who communicates on behalf of the owner with the judges and other Commission personnel regarding the horse, including regarding any questions concerning the location or condition of the horse, racing or medication violations, etc.

5.3.2 Trainer Responsibility

5.3.2.1 A trainer is responsible for the condition of horses entered in an official race and is responsible for the presence of any prohibited drug, medication or other substance, including permitted medication in excess of the maximum allowable level, in such horses. If there is a principal trainer and one or more additional trainers for a horse, all shall be responsible for any rules violations with respect to the horse. A positive test for a prohibited drug, medication or substance, including permitted medication in excess of the maximum allowable level, as reported by a Commission‑approved laboratory, is prima facie evidence of a violation of this rule. In the absence of substantial evidence to the contrary, the trainer shall be responsible. Whenever a principal trainer of a horse names a substitute trainer for program purposes due to his inability to be in attendance with the horse on the day of the race, or for any other reason, the principal trainer shall be responsible for the condition of the horse should the horse test positive and the substitute trainer may also be held responsible as mitigating and aggravating circumstances are considered.

5.3.2.2 A trainer shall prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules.

5.3.2.3 A trainer whose horse has been claimed remains responsible for any violation of rules regarding that horse's participation in the race in which the horse is claimed.

5.3.3 Other Responsibilities. A trainer is responsible for:

5.3.3.1 The condition and contents of stalls, tack rooms, feed rooms, sleeping rooms and other areas which have been assigned by the association;

5.3.3.2 Maintaining the assigned stable area in a clean, neat and sanitary condition at all times;

5.3.3.3 Ensuring that fire prevention rules are strictly observed in the assigned stable area;

5.3.3.4 Providing a list to the Commission of the trainer's employees on association grounds and any other area under the jurisdiction of the Commission. The list shall include each employee's name, occupation, social security number and occupational license number. The Commission shall be notified by the trainer, in writing, within 24 hours of any change;

5.3.3.5 The proper identity, custody, care, health, condition and safety of horses in his charge;

5.3.3.6 Disclosure of the true and entire ownership of each horse in his care, custody or control;

5.3.3.7 Registering with the racing secretary each horse in his charge within 24 hours of the horse's arrival on association grounds;

5.3.3.8 Ensuring that, at the time of arrival at a licensed racetrack, each horse in his care is accompanied by a valid health certificate which shall be filed with the racing secretary;

5.3.3.9 Having each horse in his care that is racing, or is stabled on association grounds, tested for Equine Infectious Anemia (EIA) in accordance with state/provincial law and for filing evidence of such negative test results with the racing secretary;

5.3.3.10 Using the services of those veterinarians licensed by the Commission to attend horses that are on association grounds;

5.3.3.11 Immediately reporting the alteration of the sex of a horse in his care to the horse identifier and the racing secretary, whose office shall note such alteration on the certificate of registration;

5.3.3.12 Promptly reporting to the presiding judge, racing secretary and the State veterinarian any horse on which a posterior digital neurectomy (heel nerving) is performed and ensuring that such fact is designated on its certificate of registration;

5.3.3.13 Promptly notifying the State veterinarian of any reportable disease and any unusual incidence of a communicable illness of any horse in his charge;

5.3.3.14 Promptly reporting the death of any horse in the trainer's care on association grounds to the judges and the State veterinarian and compliance with the rules in Section 8.0 governing post-mortem examinations;

5.3.3.15 Maintaining a knowledge of the medication record and status of all horses in his care;

5.3.3.16 Immediately reporting to the presiding judge and the State veterinarian if the trainer knows, or has cause to believe, that a horse in the trainer’s custody, care or control has received any prohibited drugs or medication;

5.3.3.17 Representing an owner in making entries and scratches and in all other matters pertaining to racing;

5.3.3.18 Horses entered as to eligibility and allowances claimed;

5.3.3.19 Ensuring the fitness of a horse to perform creditably at the distance entered and promptly requesting a scratch from Board of Judges if an entered horse becomes unfit to race (sick, lame, injured or deceased);

5.3.3.20 Ensuring that the trainer's horses are properly prepared and equipped;

5.3.3.21 Presenting the trainer's horse in the paddock at a time prescribed by the presiding judge before the race in which the horse is entered;

5.3.3.22 Personally attending to the trainer's horses in the paddock and supervising the preparation thereof, unless excused by the paddock judge;

5.3.3.23 Attending the collection of a urine or blood sample from the horse in the trainer's charge or delegating a licensed employee or the owner of the horse to do so; and

5.3.3.24 Notifying horse owners upon the revocation or suspension of his trainer's license. Upon application by the owner, the presiding judge may approve the transfer of such horses to the care of another licensed trainer, and upon such approved transfer, such horses may be entered to race.

5.3.4 Restrictions on Wagering. A trainer shall only be allowed to wager on the trainer's horse or entries to win or finish first in combination with other horses.

5.3.5 Substitute Trainers. If any licensed trainer is to be absent from the association grounds where the trainer's horse is programmed to race the presiding judge shall be immediately notified and at that time a licensed substitute trainer, acceptable to the presiding judge, shall be appointed to assume responsibility for the horses racing during the absence of the regular trainer.

5.4 Owners' Authorized Agents

5.4.1 Licenses Required

5.4.1.1 An authorized agent shall obtain a license from the Commission.

5.4.1.2 Application for license shall be filed for each owner represented.

5.4.1.3 A written instrument signed by the owner shall accompany the application and shall clearly set forth the delegated powers of the authorized agent. The owner's signature on the written instrument shall be acknowledged before a notary public.

5.4.1.4 If the written instrument is a power of attorney it shall be filed with the Commission and attached to the regular application form.

5.4.1.5 Any changes shall be made in writing and filed as provided in subsection 5.4.1.3 above.

5.4.1.6 The authorized agent's appointment may be terminated by the owner, in writing, acknowledged before a notary public and filed with the Commission whereupon the license shall not be valid.

5.4.2 Powers and Duties

5.4.2.1 A licensed authorized agent may perform on behalf of the licensed owner‑principal all acts as relate to racing, as specified in the agency appointment, that could be performed by the principal if such principal were present.

5.4.2.2 In executing any document on behalf of the principal, the authorized agent shall clearly identify the authorized agent and the owner‑principal.

5.4.2.3 When an authorized agent enters a claim for the account of a principal, the name of the licensed owner for whom the claim is being made and the name of the authorized agent shall appear on the claim slip or card.

5.4.2.4 Authorized agents are responsible for disclosure of the true and entire ownership of each horse for which they have authority at a race meeting. Any change in ownership shall be reported immediately to, and approved by, the judges and recorded by the United States Trotting Association.

5.5 Drivers

5.5.1 A person shall not drive a horse in any race or performance against time, other than an exhibition race, without having first obtained a driver license valid for the current year by meeting the standards as established by the United States Trotting Association and being licensed by the Commission. The driver license shall be presented to the judges prior to participating for the first time at any race meeting.

5.5.2 The judges may review the performance of a driver at any time and may take the following actions:

5.5.2.1 Amend the license category;

5.5.2.2 Revoke the license;

5.5.2.3 Apply conditions to the license; or

5.5.2.4 Require the driver to re‑qualify for the license in accordance with the United States Trotting Association regulations.

5.5.3 Drivers must report to the paddock judge at least one hour before post time of any race in which they are programmed to drive, unless excused by the presiding judge.

5.5.4 Where advanced wagering takes place on any feature betting race, drivers programmed to drive in such races must make their presence known to the paddock judge prior to commencement of the advanced wagering.

5.5.5 A driver cannot decline to be substituted by the judges. Any driver who refuses shall be suspended and may be fined.

5.5.6 Once a driver reports to the paddock the driver shall not enter the public stands or the betting area until driving duties for the day have been completed and upon completion of driving duties the driver shall not enter the public stands until the driving outfit is replaced with ordinary clothing.

5.5.7 The judges may remove a driver at any time if, in the judges’ opinion, the driver’s driving would not be in the best interests of harness racing.

5.5.8 A driver shall not drive for any other person in a race in which one of the horses the driver trains or owns has been declared into race, except where such horses are coupled as an entry.

5.5.9 Drivers shall fulfill all engagements, unless excused by the judges.

History

• 1 DE Reg. 501 (11/01/97)
• 2 DE Reg. 1068 (01/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 1050 (02/01/08)
• 22 DE Reg. 47 (07/01/18)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 504 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 10 DE Reg. 980 (12/01/06)
• 14 DE Reg. 894 (03/01/11)
• 1 DE Reg. 504 (11/01/97))
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1764 (04/01/99)
• 4 DE Reg. 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 1512 (05/01/04)
• 10 DE Reg. 1421 (03/01/07)
• 11 DE Reg. 308 (09/01/07)
• 14 DE Reg. 1338 (06/01/11)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 467 (12/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 1 DE Reg. 502 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 308 (09/01/07)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 502 (11/01/97)
• 5 DE Reg. 832 (10/01/01)
• 10 DE Reg. 1422 (03/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 14 DE Reg. 23 (07/01/10)
• 14 DE Reg. 894 (03/01/11)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 47 (07/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 2 DE Reg. 1241 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg. 1520 (05/01/00)
• 4 DE Reg. 1123 (01/01/01)
• 4 DE Reg. 1652 (04/01/01)
• 5 DE Reg. 1691 (03/01/02)
• 6 DE Reg. 862 (01/01/03)
• 7 DE Reg. 1512 (05/01/04)
• 11 DE Reg. 308 (09/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 666 (11/01/08)
• 16 DE Reg. 282 (09/01/12)
• 16 DE Reg. 754 (01/01/13)
• 17 DE Reg. 1060 (05/01/14)
• 21 DE Reg. 563 (01/01/18)
• 22 DE Reg. 47 (07/01/18)
• 24 DE Reg. 662 (01/01/21)
• 24 DE Reg. 942 (04/01/21)
• 1 DE Reg. 923 (01/01/98)
• 2 DE Reg. 684 (10/01/98)
• 2 DE Reg. 1764 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg 1520 (05/01/00)
• 4 DE Reg 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 42 (07/01/03)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 1074 (02/01/09)
• 13 DE Reg. 841 (12/01/09)
• 14 DE Reg. 553 (12/01/10)
• 15 DE Reg. 1322 (03/01/12)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 17 DE Reg. 1060 (05/01/14)
• 18 DE Reg. 466 (12/01/14)
• 18 DE Reg. 781 (04/01/15)
• 19 DE Reg. 1077 (06/01/16)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 25 DE Reg. 693 (01/01/22)
• 27 DE Reg. 697 (06/01/24)
• 12 DE Reg. 1305 (04/01/09)

3 Del. Admin. Code § 501-6.0 Types of Races

6.1 Types of Races Permitted. In presenting a program of racing, the racing secretary shall use exclusively the following types of races:

6.1.1 Overnight events which include:

6.1.1.1 Conditioned races;

6.1.1.2 Claiming races;

6.1.1.3 Preferred, invitational, handicap, open or free-for-all races;

6.1.2 Added money events which include:

6.1.2.1 Stakes;

6.1.2.2 Early closing events; and

6.1.2.3 Late closing events

6.1.3 Match races

6.1.4 Qualifying Races (See Rule 7.0 ‑‑ "Rules of the Race")

6.1.5 Delaware-owned or bred races as specified in 3 Del.C. §10032

6.2 Overnight Events

6.2.1 General Provisions

6.2.1.1 For the purpose of this rule, overnight events shall include conditioned, claiming, preferred, invitational, handicap, open, free-for-all, or a combination thereof.

6.2.1.2 Condition sheets must be available to participants at least 18 hours prior to closing declarations to any race program contained therein.

6.2.1.3 A fair and reasonable racing opportunity shall be afforded both trotters and pacers in reasonable proportion from those available and qualified to race.

6.2.1.4 Substitute races may be provided for each race program and shall be so designated on condition sheets. A substitute race may be used when a regularly scheduled race fails to fill.

6.2.1.5 Regularly scheduled races or substitute races may be divided where necessary to fill a program of racing, or may be divided and carried over to a subsequent racing program, subject to the following:

6.2.1.5.1 No such divisions shall be used in the place of regularly scheduled races which fill.

6.2.1.5.2 Where races are divided in order to fill a program, starters for each division must be determined by lot after preference has been applied, unless the conditions provide for divisions based upon age, performance, earnings or sex may be determined by the racing secretary.

6.2.1.5.3 However, where necessary to fill a card, not more than 3 races per day may be divided into not more than 3 divisions after preference has been applied. The divisions may be selected by the racing secretary. For all other overnight races that are divided, the division must be by lot unless the conditions provide for a division based on performance, earnings or sex.

6.2.2 Conditions

6.2.2.1 Conditions may be based only on:

6.2.2.1.1 Horses' money winnings in a specified number of previous races or during a specified previous time;

6.2.2.1.2 Horses' finishing positions in a specified number of previous races or during a specified period of time;

6.2.2.1.3 Age, provided that no horse that is 15 years of age or older shall be eligible to perform in any race except in a matinee race;

6.2.2.1.4 Sex;

6.2.2.1.5 Number of starts during a specified period of time;

6.2.2.1.6 Special qualifications for foreign horses that do not have a representative number of starts in the United States or Canada;

6.2.2.1.7 Horses' race condition in a specified number of previous races or during a specified period of time;

6.2.2.1.8 Horses' claiming price in a specified number of previous races or during a specified period of time;

6.2.2.1.9 Horses' purses raced for in a specified number of previous races or during a specified period of time;

6.2.2.1.10 Delaware-owned or bred races as specified in 3 Del.C. §10032;

6.2.2.1.11 Delaware Owned or Bred Preferred;

6.2.2.1.12 Delaware Trained Preferred; or

6.2.2.1.13 Any 1 or more combinations of the qualifications herein listed.

6.2.2.2 Conditions shall not be written in such a way that any horse is deprived of an opportunity to race in a normal preference cycle. Where the word preference is used in a condition, it shall not supersede date preference as provided in the rules except when written Delaware Owned or Bred Preferred, or Delaware Trained Preferred. Not more than 3 also eligible conditions shall be used in writing the conditions for overnight events.

6.2.2.3 The Commission may, upon application from the racing secretary, approve conditions other than those listed above for special events.

6.2.2.4 In the event there are conflicting published conditions and neither one nor the other is withdrawn by the association, the one more favorable to the declarer shall govern.

6.2.2.5 For the purpose of eligibility, a racing season or racing year shall be the calendar year. All races based on winnings will be programmed as Non‑Winners of a multiple of $100 plus $1 or Winners over a multiple of $100. Additional conditions may be added. When recording winnings, gross winnings shall be used and cents shall be disregarded. In the case of a bonus, the present value of the bonus shall be credited to the horse as earnings for the race or series of races for which it received the bonus. It shall be the responsibility of the organization offering the bonus to report the present value of the bonus to the United States Trotting Association in a timely manner.

6.2.2.6 Records, time bars shall not be used as a condition of eligibility.

6.2.2.7 Horses must be eligible when declarations close subject to the provision that:

6.2.2.7.1 Wins and winnings on or after the closing date of declarations shall not be considered;

6.2.2.7.2 Age allowances and eligibility shall be according to the age of the horse on the date the race is contested.

6.2.2.7.3 In mixed races, trotting and pacing, a horse must be eligible under the conditions for the gait at which it is stated in the declaration the horse will perform.

6.2.2.8 When conditions refer to previous performances, those performances shall only include those in a purse race. Each dash or heat shall be considered as a separate performance for the purpose of condition races.

6.2.2.9 In overnight events, on a half mile racetrack there shall be no trailing horses. On a bigger racetrack there shall be no more than 1 trailing horse. At least 8 feet per horse must be provided the starters in the front tier.

6.2.2.10 The racing secretary may reject the declaration to an overnight event of any horse whose past performance indicates that it would be below the competitive level of other horses declared to that particular event.

6.3 Claiming Races

6.3.1 General Provisions

6.3.1.1 Claiming Procedure and Determination of Claiming Price. The trainer or authorized agent entering a horse in a claiming race warrants that he has authorization from the registered owner(s) to enter said horse in a claiming race for the designated amount. In the event of a claim, the owner(s) or authorized agent shall submit a signed registration to the Presiding Judge prior to receiving proceeds from the claim and the registration shall be immediately forwarded to the U.S.T.A. registrar for transfer.

6.3.1.2 Except for the lowest claiming price offered at each meeting, conditions and allowances in claiming races may be based only on age and sex. Whenever possible, claiming races shall be written to separate horses 5 years old and up from young horses and to separate males from females. Mares shall be given a price allowance; provided, however, that there shall be no price allowance given to a spayed mare racing in a claiming race.

6.3.1.3 Registration certificate in current ownership, together with the application for transfer thereon duly endorsed by all registered owners, must be filed in the office of the racing secretary for all horses claimed within a reasonable time after the race from which the horse was claimed.

6.3.1.4 The price allowances that govern for claiming races must be approved by the Commission. Claiming prices recorded on past performance lines in the daily race program and on eligibility certificates shall not include allowances.

6.3.1.5 The claiming price, including any allowances, of each horse shall be printed on the official program adjacent to the horse's program number and claims shall be for the amount designated, subject to correction if printed in error.

6.3.1.6 In handicap claiming races, in the event of an also eligible horse moving into the race, the also eligible horse shall take the place of the horse that it replaces provided that the handicap is the same. In the event the handicap is different, the also eligible horse shall take the position on the outside of horses with a similar handicap, except when the horse that is scratched is a trailing horse, in which case the also eligible horse shall take the trailing position, regardless of its handicap. In handicap claiming races with one trailer, the trailer shall be determined as the fourth best post position.

6.3.1.7 To be eligible to be claimed a horse must start in the event in which it has been declared to race, except as provided in 6.3.1.8 of this subsection.

6.3.1.8 The successful claimant of a horse programmed to start may, at his option, acquire ownership of a claimed horse, even though such claimed horse was scratched and did not start in the claiming race from which it was scratched. The successful claimant must exercise his option by noon of the next day following the claiming race to which the horse was programmed and scratched. Upon notification that the successful claimant has exercised his option, the owner shall present the horse for inspection, and the claim shall not be final until the successful claimant has had the opportunity to inspect the horse. No horse may be claimed from a claiming race unless the race is contested.

6.3.1.9 Any licensed owner or the authorized agent of such person who holds a current valid Commission license may claim any horse or any person who has properly applied for and been granted a claiming certificate shall be permitted to claim any horse. Any person or authorized agent eligible to claim a horse may be allowed access to the grounds of the Association, excluding the paddock, in order to effect a claim at the designated place of making claims and to take possession of the horse claimed.

6.3.1.10 Claiming certificates are valid for a 30 day period from the date of issuance. These certificates may be applied for at the office designated by the Association prior to post time on any day of racing.

6.3.1.11 There shall be no change of ownership or trainer once a horse is programmed.

6.3.2 Prohibitions on Claims

6.3.2.1 A person shall not claim directly or indirectly his own horse or a horse trained or driven by him or cause such horse to be claimed directly or indirectly for his own account.

6.3.2.2 A person shall not directly or indirectly offer, or directly or indirectly enter into an agreement, to claim or not to claim or directly or indirectly attempt to prevent another person from claiming any horse in a claiming race.

6.3.2.3 A person shall not have more than 1 claim on any 1 horse in any claiming race.

6.3.2.4 A person shall not directly or indirectly conspire to protect a horse from being claimed by arranging another person to lodge claims, a procedure known as protection claims.

6.3.2.5 No qualified owner or his agent shall claim a horse for another person.

6.3.2.6 No person shall enter in a claiming race a horse against which there is a mortgage, bill or sale, or lien of any kind, unless the written consent of the holder thereof shall be filed with the Clerk of the Course of the association conducting such claiming race.

6.3.2.7 Any mare which has been bred shall not be declared into a claiming race for at least 30 days following the last breeding of the mare, and thereafter such a mare may only be declared into a claiming race after a veterinarian has pronounced the mare not to be in foal. Any mare pronounced in foal shall not be declared into a claiming race. Where a mare is claimed out of a claiming race and subsequently proves to be in foal from a breeding which occurred prior to the race from which she was claimed, the claim may be voided by the judges at the option of the successful claimant provided the mare is subjected to a pregnancy examination within 18 days of the date of the claim, and is found pregnant as a result of that pregnancy examination. A successful claimant seeking to void the claim must file a petition to void said claim with the judges within 10 days after this pregnancy examination and shall thereafter be heard by the judges after due notice of the hearing to the parties concerned.

6.3.2.8 No one shall claim more than 1 horse in a race either alone, in a partnership, corporation or other legal entity.

6.3.2.9 If a horse is claimed, no right, title or interest therein shall be sold or transferred except in a claiming race for a period of 30 days following the date of the claiming.

6.3.3 Claiming Procedure

6.3.3.1 A person desiring to claim a horse must have the required amount of money, on deposit with the Association at the time the completed claim form is deposited. The deposit shall be in cash or may be in a certified check at the discretion of the association. The association may require that a certified check clear the bank upon which it was drawn and funds transferred to the association’s account prior to the credit being “established.”

6.3.3.2 The claimant shall provide all information required on the claim form provided by the Commission, including any and all testing requests.

6.3.3.3 The claim form shall be completed and signed by the claimant prior to placing it in an envelope provided for this purpose by the association and approved by the Commission. The claimant shall seal the envelope and identify on the outside the date, time of day, race number and track name only.

6.3.3.4 The envelope shall be delivered to the designated area, or licensed delegate, at least 30 minutes before post time of the race from which the claim is being made. That person shall certify on the outside of the envelope the time it was received.

6.3.3.5 It shall be the responsibility of the association to ensure that all such claim envelopes are delivered unopened or otherwise undisturbed to the judges prior to the race from which the claim is being made. The association shall provide for an agent who shall, immediately after closing, deliver the claim to the judges' stand.

6.3.3.6 The claim shall be opened and the claims, if any, examined by the judges prior to the start of the race. The association's auditor, or his agent, shall be prepared to state whether the claimant has on deposit, the amount equivalent to the specified claiming price and any other required fees and taxes.

6.3.3.7 The judges shall disallow any claim made on a form or in a manner which fails to comply with all requirements of this rule.

6.3.3.8 Documentation supporting all claims for horses, whether successful or unsuccessful, shall include details of the method of payment either by way of a photostatic copy of the check presented, or written detailed information to include the name of the claimant, the bank, branch, account number and drawer of any checks or details of any other method of payment. This documentation is to be kept on file at race tracks for 3 years and is to be produced to the Commission for inspection at any time during the period.

6.3.3.9 When a claim has been lodged it is irrevocable, unless otherwise provided for in these rules.

6.3.3.10 In the event more than 1 claim is submitted for the same horse, the successful claimant shall be determined by lot by the judges, and all unsuccessful claims involved in the decision by lot shall, at that time, become null and void, notwithstanding any future disposition of such claim.

6.3.3.11 Upon determining that a claim is valid, the judges shall notify the paddock judge of the name of the horse claimed, the name of the claimant and the name of the person to whom the horse is to be delivered. Also, the judges shall cause a public announcement to be made.

6.3.3.12 Every horse entered in a claiming race shall race for the account of the owner who declared it in the event, but title to a claimed horse shall be vested in the successful claimant from the time the horse is deemed to have started, and the successful claimant shall become the owner of the horse, whether it be alive or dead, or sound or unsound, or injured during or after the race.

6.3.3.13 A post‑race test may be taken from any horse claimed out of a claiming race. The trainer of the horse at the time of entry for the race from which the horse was claimed shall be responsible for the claimed horse until the post‑race sample is collected. The successful claimant shall have the right to void the claim should the forensic analysis be positive for any prohibited substance or an illegal level of a permitted medication, or if a blood sample exhibits a positive response to Darbepoietin (DPO), the Erythropietin (EPO) in itself, or through an antibody test. The claimed horse may be entered to race while results are pending, but not be permitted to race until the approved laboratory chemist notifies the DHRC on his findings in the samples taken from the horse.

6.3.3.14 Any person who refuses to deliver a horse legally claimed out of a claiming race shall be suspended, together with the horse, until delivery is made. The horse’s halter must accompany the horse. Altering or removing the horse’s shoes will be considered a violation of these rules.

6.3.3.15 No horse claimed out of a claiming race shall be eligible to start in any race in the name or interest of the prior owner for 30 days, nor shall such horse remain in the same stable or under the care or management of the prior owner or trainer, or anyone connected therewith unless reclaimed out of another claiming race. Further, such claimed horse shall only be eligible to enter in races in the state of Delaware for a period of 60 days following the date of the claim, unless released in writing by the DHRC Administrator and presiding judge. A written release shall be granted in the sole discretion of the DHRC Administrator and presiding judge only upon a finding that the transfer does not have the potential to harm the local pool of available racing stock.

6.3.3.16 The claiming price shall be paid to the owner of the horse at the time entry for the race from which the horse was claimed only when the judges are satisfied that the successful claim is valid and the registration has been received by the racing secretary for transfer to the new owner and the presiding judge has signed a release notice of horse claimed and application for transfer form.

6.3.3.17 The judges shall rule a claim invalid:

6.3.3.17.1 At the option of the claimant if the official racing chemist reports a positive test on a horse that was claimed, provided such option is exercised within 24 hours following notification to the claimant of the positive test by the judges;

6.3.3.17.2 If the horse has been found ineligible to the event from which it was claimed, regardless of the position of the claimant.

6.3.3.18 Mares and fillies who are in foal are ineligible to claiming races. Upon receipt of the horse, if a claimant determines within 48 hours that a claimed filly or mare is in foal, he may, at their option, return the horse to the owner of the horse at the time of entry for the race from which the horse was claimed.

6.3.3.19 When the judges rule that a claim is invalid and the horse is returned to the owner of the horse at the time of entry for the race in which the invalid claim was made:

6.3.3.19.1 The amount of the claiming price and any other required fees and/or taxes shall be repaid to the claimant;

6.3.3.19.2 Any purse monies earned subsequent to the date of the claim and before the date on which the claim is ruled invalid shall be the property of the claimant; and

6.3.3.19.3 The claimant shall be responsible for any reasonable costs incurred through the care, training or racing of the horse while it was in his possession.

6.4 Added Money Events

6.4.1 General Provisions

6.4.1.1 For the purpose of this rule, added money events include stakes, futurities, early closing events and late closing events.

6.4.1.2 All sponsors and presenters of added money events must comply with the rules and must submit to the Commission the conditions and other information pertaining to such events.

6.4.1.3 Any conditions contrary to the provisions of any of these rules are prohibited.

6.4.2 Conditions for added money events must specify:

6.4.2.1 Which horses are eligible to be nominated;

6.4.2.2 The amount to be added to the purse by the sponsor or presenter, should the amount be known at the time;

6.4.2.3 The dates and amounts of nomination, sustaining and starting payments;

6.4.2.4 Whether the event will be raced in divisions or conducted in elimination heats, and;

6.4.2.5 The distribution of the purse, in percent, to the money winners in each heat or dash, and the distribution should the number of starters be less than the number of premiums advertised; and

6.4.2.6 Whether also eligible horses may be carded prior to the running heats or legs of added money events.

6.4.3 Requirements of Sponsors/Presenters

6.4.3.1 Sponsors or presenters of stakes, futurities or early closing events shall provide a list of nominations to each nominator or owner and to the associations concerned within 60 days after the date on which nominations close, other than for nominations payable prior to January 1st of a horse's 2‑year‑old year.

6.4.3.2 Sponsors or presenters of stakes, futurities or early closing events shall also provide a list of horses remaining eligible to each owner of an eligible within 45 days after the date on which sustaining payments are payable. All lists shall include a resume of the current financial status of the event.

6.4.3.3 The Commission may require the sponsor or presenter to file with the Commission a surety bond in the amount of the fund to ensure faithful performance of the conditions, including a guarantee that the event will be raced as advertised and all funds will be segregated and all premiums paid. Commission consent must be obtained to transfer or change the date of the event, or to alter the conditions. In any instance where a sponsor or presenter furnishes the Commission with substantial evidence of financial responsibility satisfactory to the Commission, such evidence may be accepted in lieu of a surety bond.

6.4.4 Nominations, Fees and Purses

6.4.4.1 All nominations to added money events must be made in accordance with the conditions.

6.4.4.2 Dates for added money event nominations payments are:

6.4.4.2.1 Stakes. The date for closing of nominations on yearlings shall be May 15th. The date foreclosing of nominations to all other stakes shall fall on the fifteenth day of a month.

6.4.4.2.2 Early Closing Events. The date for closing of nominations shall fall on the first or fifteenth day of a month. Nominations on 2‑year‑olds shall not be taken prior to February 15th.

6.4.4.2.3 Late Closing Events. The date for closing of nominations shall be at the discretion of the sponsor or presenter.

6.4.4.3 Dates for added money event sustaining payments are:

6.4.4.3.1 Stakes. Sustaining payments shall fall on the fifteenth day of a month. No stake sustaining fee shall become due prior to (Month) 15th of the year in which the horses nominated become two years of age.

6.4.4.3.2 Early and Late Closing Events. Sustaining payments shall fall on the first or fifteenth day of a month.

6.4.4.4 The starting fee shall become due when a horse is properly declared to start and shall be payable in accordance with the conditions of the added money event. Once a horse has been properly declared to start, the starting fee shall be forfeited, whether or not the horse starts. Should payment not be made 30 minutes before the post time of the event, the horse may be scratched and the payment shall become a liability of the owner who shall, together with the horse or horses, be suspended until payment is made in full, providing the Association notifies the Commission within 30 days after the starting date.

6.4.4.5 Failure to make any payment required by the conditions constitutes an automatic withdrawal from the event.

6.4.4.6 Conditions that will eliminate horses nominated to an event, or add horses that have not been nominated to an event by reason of performance of such horses at an earlier meeting, are invalid. Early and late closing events shall have not more than 2 also eligible conditions.

6.4.4.7 The date and place where early and late closing events will be raced must be announced before nominations are taken. The date and place where stakes and futurities will be raced must be announced as soon as determined but, in any event, such announcement must be made no later than March 30th of the year in which the event is to be raced.

6.4.4.8 Deductions may not be made from nomination, sustaining and starting payments or from the advertised purse for clerical or any other expenses.

6.4.4.9 Every nomination shall constitute an agreement by the person making the nomination and the horse shall be subject to these rules. All disputes and questions arising out of such nomination shall be submitted to the Commission, whose decision shall be final.

6.4.4.10 Nominations and sustaining payments must be received by the sponsor or presenter not later than the hour of closing, except those made by mail must bear a postmark placed thereon not later than the hour of closing. In the event the hour of closing falls on a Saturday, Sunday or legal holiday, the hour of closing shall be extended to the same hour of the next business day. The hour of closing shall be midnight of the due date.

6.4.4.11 If conditions require a minimum number of nominations and the event does not fill, the Commission and each nominator shall be notified within 20 days of the closing of nominations and a refund of nomination fees shall accompany such notice to nominators.

6.4.4.12 If conditions for early or late closing events allow transfer for change of gait, such transfer shall be to the lowest class the horse is eligible to at the adopted gait, eligibility to be determined at the time of closing nominations. The race to which the transfer may be made must be the one nearest the date of the event originally nominated to. Two‑year‑olds, 3‑year‑olds, or 4‑year‑olds, nominated in classes for their age, may only transfer to classes for the same age group at the adopted gait to the race nearest the date of the event they were originally nominated to, and entry fees to be adjusted.

6.4.4.13 A nominator is required to guarantee the identity and eligibility of nominations, and if this information is given incorrectly he or she may be fined, suspended, or expelled and the horse declared ineligible. If any purse money was obtained by an ineligible horse, the monies shall be forfeited and redistributed among those justly entitled to the same.

6.4.4.14 Early or late closing events must be contested if 6 or more betting interests are declared to start. If less horses are declared to start than required, the race may be declared off, in which case the total of nominations, sustaining and starting payments received shall be divided equally to the horses declared to start. Such distribution shall not be credited as purse winnings.

6.4.4.15 Stakes must be contested if 1 or more horses are declared to start. In the event only 1 horse, or only horses in the same interest start, it constitutes a walk‑over. In the event no declarations are made, the total of nomination and sustaining payments shall be divided equally to the horses remaining eligible after payment to the last sustaining payment, but such distribution shall not be credited as purse winnings.

6.4.4.16 Associations shall provide stable space for each horse on the day of the race.

6.4.4.17 The maximum size of fields permitted in any added money event shall be no more than 1 trailer unless otherwise approved by the Commission.

6.4.4.18 An association may elect to go with less than the number of trailers specified in subdivision 17 above.

6.4.4.19 In the event more horses are declared to start than allowed in 1 field, the race will be conducted in divisions or eliminations, as specified in the conditions.

6.4.4.20 In early closing races, late closing races and overnight races requiring entry fees, all monies paid in by the nominators in excess of 85% of the advertised purse shall be added to the advertised purse and the total shall then be considered to be the minimum purse. If the race is split and raced in divisions, the provisions of subdivision 21 below shall apply. Provided further that where overnight races are split and raced in eliminations rather than divisions, all starting fees payable under the provisions of this rule shall be added to the advertised purse.

6.4.4.21 Where a race other than a stake is divided, each division must race for at least 75% of the advertised purse.

6.4.4.22 The number of horses allowed to qualify for the final heat of an event conducted in elimination heats shall not exceed the maximum number permitted to start in accordance with the rules. In any elimination dash where there are horses unable to finish due to an accident and there are fewer horses finishing than would normally qualify for the final, the additional horses qualifying for the final shall be drawn by lot from among those unoffending horses not finishing.

6.4.4.23 The judges' decisions in arriving at the official order of finish of elimination heats on the same program shall be final and irrevocable and not subject to appeal or protest.

6.4.4.24 Unless the conditions for the added money event provide otherwise the judges shall draw by lot the post positions for the final heat in elimination events, i.e. they shall draw positions to determine which of the 2 elimination heat winners shall have the pole, and which the second position; which of the 2 horses that were second shall start in the third position, and which in the fourth, etc.

6.5 Cancellation of a Race. In case of cancellation of races, see Rule 7.3 ‑‑"Postponement and Cancellation."

6.6 Delaware Owned or Bred Races

6.6.1 Persons licensed to conduct harness horse racing meets under title 3, chapter 100, may offer non-stakes races limited to horses wholly owned by Delaware residents or sired by Delaware stallions.

6.6.2 For purposes of this rule, a Delaware bred horse shall be defined as one sired by a Delaware stallion who stood in Delaware during the entire breeding season in which he covered a book of mares or a horse whose dam was a wholly-owned Delaware brood mare at the time of breeding as shown on the horse's United States Trotting Association registration or electronic eligibility papers. The breeding season means that period of time beginning February 1 and ending August 1 of each year.

6.6.3 All horses to be entered in Delaware owned or bred races must first be registered and approved by the Commission or its designee. The Commission may establish a date upon which a horse must be wholly-owned by a Delaware resident(s) to be eligible to be nominated, entered, or raced as Delaware-owned. In the case of a corporation seeking to enter a horse in a Delaware-owned or bred event as a Delaware-owned entry, all owners, officers, shareholders, and directors must meet the requirements for a Delaware resident specified below. In the case of an association or other entity seeking to enter a horse in a Delaware owned or bred event as a Delaware-owned entry, all owners must meet the requirements for a Delaware resident specified below. Leased horses are ineligible as Delaware owned entries unless both the lessor and the lessee are Delaware residents as set forth in this Rule and 3 Del.C. §10032.

6.6.4 The following actions shall be prohibited for Delaware-owned races and such horses shall be deemed ineligible to be nominated, entered, or raced as Delaware-owned horses:

6.6.4.1 Payment of the purchase price over time beyond the date of registration;

6.6.4.2 Payment of the purchase price through earnings beyond the date of registration;

6.6.4.3 Payment of the purchase price with a loan, other than from a commercial lender regulated in Delaware and balance due beyond the date of registration;

6.6.4.4 Any management fees, agent fees, consulting fees, or any other form of compensation to non-residents of Delaware, except industry standard training and driving fees; or

6.6.4.5 Leasing a horse to a non-resident of Delaware.

6.6.5 The Commission or its designee shall determine all questions about a person's eligibility to participate in Delaware-owned races. In determining whether a person is a Delaware Resident, the term "resident" shall mean the place where an individual has his or her permanent home, at which that person remains when not called elsewhere for labor or other special or temporary purposes, and to which that person returns in seasons of repose. The term "residence" shall mean a place a person voluntarily fixed as a permanent habitation with an intent to remain in such place for the indefinite future.

6.6.6 The Commission or its designee may review and subpoena any information which is deemed relevant to determine a person's residence, including but not limited to, the following:

6.6.6.1 Where the person lives and has been living;

6.6.6.2 The location of the person's sources of income;

6.6.6.3 The address used by the person for payment of taxes, including federal, all state and property taxes and Delaware Resident tax filings;

6.6.6.4 The state in which the person's personal automobiles and all racing related vehicles are registered;

6.6.6.5 The state issuing the person's driver's license;

6.6.6.6 The state in which the person is registered to vote;

6.6.6.7 Ownership of property in Delaware or outside of Delaware;

6.6.6.8 The residence used for U.S.T.A. membership and U.S.T.A. registration of a horse, whichever is applicable;

6.6.6.9 The residence claimed by a person on a loan application or other similar financial documents;

6.6.6.10 Membership in civic, community, and other organizations in Delaware and elsewhere.

6.6.6.11 None of these factors when considered alone shall be dispositive, except that a person must have resided in the State of Delaware in the preceding calendar year for a minimum of 183 days. Consideration of all of these factors together, as well as a person's expressed intention, shall be considered in arriving at a determination. The burden shall be on the applicant to prove Delaware residency and eligibility for Delaware-owned or bred races. The Commission may promulgate by regulation any other relevant requirements necessary to ensure that the licensee is a Delaware resident. In the event of disputes about a person's eligibility to enter a Delaware-owned or bred race, the Commission shall resolve all disputes and that decision shall be final.

6.6.6.12 Any and all utility, power, telephone (cellular and landline), cable or satellite bills for all properties regardless of state.

6.6.6.12.1 Any person who owns or leases property outside the State of Delaware shall be required to provide the Commission with a list of days the person resided inside and outside the State of Delaware during the preceding year.

6.6.6.12.2 Any person approved for the Delaware owned program shall be required to notify the Commission of any changes that would impact their eligibility for the program.

6.6.6.12.3 Any person claiming a homestead exception in another state shall be deemed ineligible to participate in a Delaware owned program.

6.6.6.12.4 Any person approved in any other State owned program shall be deemed ineligible for the Delaware Owned program.

6.6.7 Each owner and trainer, or the authorized agent of an owner or trainer, or the nominator (collectively, the "entrant"), is required to disclose the true and entire ownership of each horse with the Commission or its designee, and to disclose any changes in the owners of the registered horse to the Commission or its designee. All licensees and racing officials shall immediately report any questions concerning the ownership status of a horse to the Commission racing officials, and the Commission racing officials may place such a horse on the steward's or judge's list. A horse placed on the steward's or judge's list shall be ineligible to start in a race until questions concerning the ownership status of the horse are answered to the satisfaction of the Commission or the Commission's designee, and the horse is removed from the steward or judge's list.

6.6.8 If the Commission, or the Commission's designee, finds a lack of sufficient evidence of ownership status, residency, or other information required for eligibility, prior to a race, the Commission or the Commission's designee, may order the entrant's horse scratched from the race or ineligible to participate.

6.6.9 After a race, the Commission or the Commission's designee, may upon reasonable suspicion, withhold purse money pending an inquiry into ownership status, residency, or other information required to determine eligibility. If the purse money is ultimately forfeited because of a ruling by the Commission or the Commission's designee, the purse money shall be redistributed per order of the Commission or the Commission's designee.

6.6.10 If purse money has been paid prior to reasonable suspicion, the Commission or the Commission's designee may conduct an inquiry and make a determination as to eligibility. If the Commission or the Commission's designee determines there has been a violation of ownership status, residency, or other information required for eligibility, it shall order the purse money returned and redistributed per order of the Commission or the Commission's designee.

6.6.11 Anyone who willfully provides incorrect or untruthful information to the Commission or its designee pertaining to the ownership of a Delaware-owned or bred horse, or who attempts to enter a horse restricted to Delaware-owned entry who is determined not to be a Delaware resident, or who commits any other fraudulent act in connection with the entry or registration of a Delaware-owned or bred horse, in addition to other penalties imposed by law, shall be subject to mandatory revocation of licensing privileges in the State of Delaware for a period to be determined by the Commission in its discretion except that absent extraordinary circumstances, the Commission shall impose a minimum revocation period of 2 years and a minimum fine of $5,000 from the date of the violation of these rules or the decision of the Commission, whichever occurs later.

6.6.12 Any person whose license is suspended or revoked under subsection (k) of this rule shall be required to apply for reinstatement of licensure and the burden shall be on the applicant to demonstrate that his or he licensure will not reflect adversely on the honesty and integrity of harness racing or interfere with the orderly conduct of a race meeting. Any person whose license is reinstated under this subsection shall be subject to a 2 year probationary period, and may no participate in any Delaware-owned or bred race during this probationary period. Any further violations of this section by the licensee during the period of probationary licensure shall, absent extraordinary circumstances, result in the Commission imposing revocation of all licensure privileges for a 5 year period along with any other penalty the Commission deems reasonable and just.

6.6.13 Any suspension imposed by the Commission under this rule shall not be subject to the stay provisions in 29 Del.C. §10144.

History

• 1 DE Reg. 501 (11/01/97)
• 2 DE Reg. 1068 (01/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 1050 (02/01/08)
• 22 DE Reg. 47 (07/01/18)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 504 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 10 DE Reg. 980 (12/01/06)
• 14 DE Reg. 894 (03/01/11)
• 1 DE Reg. 504 (11/01/97))
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1764 (04/01/99)
• 4 DE Reg. 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 1512 (05/01/04)
• 10 DE Reg. 1421 (03/01/07)
• 11 DE Reg. 308 (09/01/07)
• 14 DE Reg. 1338 (06/01/11)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 467 (12/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 1 DE Reg. 502 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 308 (09/01/07)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 502 (11/01/97)
• 5 DE Reg. 832 (10/01/01)
• 10 DE Reg. 1422 (03/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 14 DE Reg. 23 (07/01/10)
• 14 DE Reg. 894 (03/01/11)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 47 (07/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 2 DE Reg. 1241 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg. 1520 (05/01/00)
• 4 DE Reg. 1123 (01/01/01)
• 4 DE Reg. 1652 (04/01/01)
• 5 DE Reg. 1691 (03/01/02)
• 6 DE Reg. 862 (01/01/03)
• 7 DE Reg. 1512 (05/01/04)
• 11 DE Reg. 308 (09/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 666 (11/01/08)
• 16 DE Reg. 282 (09/01/12)
• 16 DE Reg. 754 (01/01/13)
• 17 DE Reg. 1060 (05/01/14)
• 21 DE Reg. 563 (01/01/18)
• 22 DE Reg. 47 (07/01/18)
• 24 DE Reg. 662 (01/01/21)
• 24 DE Reg. 942 (04/01/21)
• 1 DE Reg. 923 (01/01/98)
• 2 DE Reg. 684 (10/01/98)
• 2 DE Reg. 1764 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg 1520 (05/01/00)
• 4 DE Reg 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 42 (07/01/03)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 1074 (02/01/09)
• 13 DE Reg. 841 (12/01/09)
• 14 DE Reg. 553 (12/01/10)
• 15 DE Reg. 1322 (03/01/12)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 17 DE Reg. 1060 (05/01/14)
• 18 DE Reg. 466 (12/01/14)
• 18 DE Reg. 781 (04/01/15)
• 19 DE Reg. 1077 (06/01/16)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 25 DE Reg. 693 (01/01/22)
• 27 DE Reg. 697 (06/01/24)
• 12 DE Reg. 1305 (04/01/09)

3 Del. Admin. Code § 501-7.0 Rules of the Race

7.1 Declarations and Drawing

7.1.1 Declarations

7.1.1.1 Declaration time shall be as specified in the association's general conditions. The time when declarations close will be considered to be local time at the track where the race is being contested.

7.1.1.2 No horse shall be permitted to start in more than 1 race on any 1 racing day. Races decided by more than 1 heat are considered a single race.

7.1.1.3 The association shall provide a locked box with an aperture through which declarations shall be deposited.

7.1.1.4 The presiding judge shall be in charge of the declaration box.

7.1.1.5 Just prior to opening of the box at extended pari-mutuel meetings where futurities, stakes, early closing or late closing events are on the program, the presiding judge shall check with the racing secretary to ascertain if any declarations are in the office and not deposited in the entry box, and shall see that they are declared and drawn in the proper event.

7.1.2 Drawing

7.1.2.1 The entry box shall be opened at the advertised time by the presiding judge. No owner or agent for a horse with a declaration in the entry box shall be denied the privilege of being present. Under the supervision of the presiding judge, all entries shall be listed, the eligibility verified, preference ascertained, starters selected and post positions drawn. If it is necessary to reopen any race, public announcement shall be made at least twice and the box reopened to a definite time.

7.1.2.2 Subject to Commission approval, at non‑extended meetings in the event of the absence or incapacity of the presiding judge, the functions enumerated above may be performed by 1 or more associate judges, or by a person designated by the presiding judge, for whose acts and conduct presiding judge shall be wholly responsible. If a substitution is made as herein provided, the name and address of the associate judge(s) or person so substituting shall be entered in the Judges' Book.

At extended meetings in the event of the absence or incapacity of the presiding judge, the functions enumerated above may be performed by 1 or more associate judges who shall have been designated by the presiding judge, prior to the start of the meeting, in the form of a written notice to the Commission and to the association conducting the meeting. A record shall be kept in the Judges' Book showing the name of the individual who performed such functions on each day of the meeting.

7.1.2.3 In races of a duration of more than 1 dash or heat at pari-mutuel meetings, the judges may draw post positions from the stand for succeeding dashes or heats.

7.1.2.4 Declarations by telephone or other means approved by the association's race office that are actually received and evidence of which is deposited in the box before the time specified to declare in, shall be drawn in the same manner as the others. Telephone declarations, or other means of declarations approved by the association's race office must state the horse's name, the driver's name, the trainer's name, and the event in which the horse is to be entered.

7.1.2.5 Failure to declare as required shall be considered a withdrawal from the event.

7.1.2.6 After declaration to start has been made no horse shall be withdrawn except by permission of the judges. A fine, not to exceed $2,000, or suspension may be imposed for withdrawing a horse without permission, the penalty to apply to both the horse and the party who violates the regulation.

7.1.2.7 Where the person making the declaration fails to honor it and there is no opportunity for a hearing by the judges, this penalty may be imposed by the commission representative.

7.1.2.8 Where a horse properly declared is omitted from the race by an error of the Association, the omitted horse may take the post position of the incorrect horse included in the race: however, the Judges may redraw the race, after considering all the circumstances and concluding that a redraw is the only equitable and appropriate remedy.

7.1.2.9 In the event there are 2 tiers of horses, the withdrawing of a horse that has drawn or earned a position in the front tier shall not affect the position of the horses that have drawn or earned positions in the second tier, except as provided for in handicap claiming races. Whenever a horse is drawn from any tier, horses on the outside move in to fill up the vacancy. When there is only 1 trailer, it may start from any position in the second tier. When there is more than 1 trailer, they must start from inside any horse with a higher post position.

7.1.3 Qualifying Races

7.1.3.1 Qualifying races and starting gate schooling shall be held according to the demand as determined by the Presiding Judge.

7.1.3.2 Qualifying standards shall be set at each track by the racing secretary and the judges. These may vary at different times of the year to accommodate weather and the class of horse available. Standards for trotters will be 2 seconds slower than pacers.

7.1.3.3 At all extended pari-mutuel meetings declarations for overnight events shall be governed by the following:

7.1.3.3.1 Before racing at a chosen gait, a horse must go a qualifying race at that gait under the supervision of a licensed judge and acquire at least 1 charted line by a licensed charter. In order to provide complete and accurate chart information on time and beaten lengths, a standard photo finish shall be in use.

7.1.3.3.2 Any horse that fails to race within 60 days of its last start must go a qualifying race as set forth in subsection 7.1.3.3.1 above. The time period allowed shall be calculated from the date of the last race to and including the date of the next race. Horses entered and in to go in a race or races which are canceled due to no fault of their own, shall be considered to have raced in that race, and no start shall be counted for date preference purposes.

7.1.3.3.3 When a horse has raced at a charted meeting and then gone to meetings where the races are not charted, the information from the uncharted lines may be used to count as a start within the last 60 days. The consolidated line shall carry date, place, fractions, time, driver, finish, track condition and distance.

7.1.3.3.4 The judges may permit a horse to qualify by means of a timed workout consistent with the time of the races in which he will compete in the event adequate competition is not available for a qualifying race.

7.1.3.3.5 When, for the purpose of qualifying the driver, a horse is declared in to race in a qualifying race, its performance shall be applicable to the horse's eligibility to race and the chart line shall be notated to indicate driver qualifying.

7.1.3.3.6 If a horse takes a win race record in either a qualifying race or a matinee race, such record must be prefaced with the letter "Q" wherever it appears, except in a case where, immediately prior to or following the race, the horse taking the record has been submitted to an approved urine, saliva or blood test. It will be the responsibility of the presiding judge to report the test on the judges' sheet.

7.1.3.4 No horse shall wear hobbles in a race unless it starts in the first heat and having so started shall continue to wear them to finish of the race. No change will be allowed after a race is programmed. Any person found guilty of removing or altering a horse’s hobbles during a race or between races for the purpose of fraud shall be suspended or expelled. Other than as aforementioned, the use of hobbles from race to race shall be in the sole discretion of the trainer, and not precipitate qualifying the horse.

7.1.3.5 In their discretion the judges may require a horse to qualify for any reason; provided, however, that a horse making a break in each of 2 consecutive races may not be required to qualify if the breaks were solely equipment breaks and/or were caused solely by interference and/or track conditions.

7.1.3.6 A horse must qualify if it does not finish for reasons other than interference or broken equipment.

7.1.3.7 A charted line containing only a break or breaks caused by interference or an equipment break shall be considered a satisfactory charted line.

7.1.3.8 The judges shall use the interference break mark only when they have reason to believe that the horse was interfered with by another horse or the equipment of another horse.

7.1.4 Coupled Entries. When the starters in a race include 2 or more horses owned by the same person, or trained in the same stable or by the same management, they shall be coupled as an "entry", and a wager on one horse in the entry shall be a wager on all horses in the "entry"; provided, however, that in a stake, early closing, free-for-all or other special event, such horses may, at the request of the association, made through the presiding judge be permitted to race as separate entries. Upon such request, the presiding judge shall have discretion to determine whether the horses are to race as separate entries. If the race is split in 2 or more divisions, horses in an "entry" shall be seeded in separate divisions insofar as possible, but the divisions in which they compete and their post positions shall be drawn by lots. The above provisions shall also apply to elimination heats. The person making the declaration of a horse that qualifies as a coupled entry with another horse entered in the same event shall be responsible to designate the word "entry" on the declaration blank. The presiding judge shall be responsible for coupling horses. In addition to the foregoing, horses separately owned or trained may be coupled as an entry where it is necessary to do so to protect the public interest for the purpose of pari-mutuel wagering only; provided, however, that where this is done entries may not be rejected.

7.1.5 Also Eligibles. Not more than 2 horses may be drawn as also eligibles for a race and their positions shall be drawn along with the starters in the race. In the event 1 or more horses are excused by the judges, the also eligible horse or horses shall race and take the post position drawn by the horse that it replaces, except in handicap races. In handicap races the also eligible horses shall take the place of the horse that it replaces in the event that the handicap is the same. In the event the handicap is different, the also eligible horse shall take the position on the outside of horses with a similar handicap. No horse may be added to a race as an also eligible unless the horse was drawn as such at the time declarations closed. No horse may be barred from a race to which it is otherwise eligible by reason of its preference due to the fact that it has been drawn as an also eligible. A horse moved into the race from the also eligible list cannot be drawn except by permission of the judges, but the owner or trainer of such a horse shall be notified that the horse is to race and it shall be posted at the racing secretary's office. All horses on the also eligible list and not moved in to race by scratch time on the day of the race shall be released.

7.1.6 Preference Dates. Preference dates shall be given to horses in all overnight events at extended pari-mutuel tracks in accordance with the following:

7.1.6.1 The date of the horse's last previous start in a purse race is its preference date with the following exceptions:

7.1.6.1.1 The preference date on a horse that has drawn to race and has been scratched is the date of the race from which scratched.

7.1.6.1.2 When a horse is racing for the first time ever, the date of its first successful qualifying race within DHRC standards shall be considered its preference date.

7.1.6.1.3 Wherever horses have equal preference in a race, the actual preference of said horses in relation to one another shall be determined by backdating, up to 2 starts, the horse having raced closest to the draw having the least preference. If no preference is determined, preference will be determined by lot.

7.1.6.1.4 When an overnight race has been re‑opened because it did not fill, all eligible horses declared into the race prior to the re‑opening shall receive preference over other horses subsequently declared, irrespective of the actual preference dates, excluding horses already in to go.

7.1.6.2 This rule relative to preference is not applicable at any meeting at which an agricultural fair is in progress. All horses granted stalls and eligible must be given an opportunity to compete at these meetings.

7.1.7 Scratches

7.1.7.1 Once a horse is entered, it is the responsibility of the trainer to immediately notify the Board of Judges if that horse becomes unfit to race. A written notification must accompany the scratch request identifying: Horse name, tattoo (or Micro Chip number), trainer name, date of event, reason for scratch (sick, lame, injured or deceased) and must be signed and dated by the trainer of record.

7.1.7.1.1 If a trainer requests a scratch of an entered horse on the day of the competition, the DHRC reserves the right to have the horse presented for inspection by the Commission veterinarian and/or a certificate of veterinary inspection from a licensed veterinarian must be delivered to the Board of Judges within 24 hours delineating the condition of the horse.

7.1.7.2 All horses scratched sick, lame or injured after entry will be placed on the Veterinarian’s List for a minimum of 7 days.

7.1.7.2.1 The number of days a scratched horse must be on the Veterinarian’s List can be altered by the Board of Judges and/or the Commission veterinarian based on individual circumstance.

7.2 Timing and Records

7.2.1 Timing

7.2.1.1 The time of each heat or dash shall be accurately taken by 2 timers or an approved electric timing device, in which case there shall be 1 timer, and placed in the record in minutes, seconds and fifths of seconds, and upon the decision of each heat the time thereof shall be publicly announced or admitted to the record. When the timers fail to act, no time shall be announced or recorded.

7.2.1.2 The time shall be taken from the first horse leaving the point from which the distance of the race is measured until the winner reaches the wire.

7.2.1.3 The leading horse shall be timed and its time only shall be announced. No horse shall obtain a win race record by reason of the disqualification of another horse unless the horse's actual race time can be determined by photo finish or electronic timing.

7.2.1.4 In the case of a dead heat, the time shall constitute a record for the horses making the dead heat and both shall be considered winners.

7.2.2 Records

7.2.2.1 In order that performances thereon may be recognized or published as official, every association shall have filed with the Commission the certificate of a duly licensed civil engineer or land surveyor that the track has been measured from wire to wire 3 feet out from the inside hub rail or other fixed marker and certifying exactly the result of such measurement. Each track shall be measured and re‑certified in the event of any changes or relocation of the hub rail or other fixed marker.

7.2.2.2 A record will be the fastest time made by a horse in a heat or dash which it won, or in a performance against time.

7.2.2.3 No time record shall be recognized as a world record if obtained on a track without an inside rail or other fixed marker.

7.2.2.4 In any case of alleged error in the record, announcement or publication of the time made by a horse, the time so questioned shall not be changed to favor said horse or owner, except upon the sworn statement of the judges and timers who officiated in the race.

7.2.2.5 If a horse takes a win‑race record in a qualifying race or schooling race, such record must be prefaced with the letter "Q" wherever it appears, except in a case where the horse was subjected to the collection of an test sample. The presiding judge shall note on the judges' official race reports each qualifying race from which test samples were collected.

7.2.2.6 For horses bred in North America and subsequently exported, foreign earnings shall be converted to U.S. dollars and credited to the horse's official records. A winning performance at a mile or greater distance, expressed at a mile rate, shall receive recognition as the horse's record.

7.2.2.7 Any person found guilty of fraudulent misrepresentation of time or the alteration of the record thereof, in any race, shall be fined, suspended, expelled or a combination thereof and time declared not a record.

7.3 Postponement and Cancellation

7.3.1 In case of unfavorable weather or other unavoidable cause, the association upon notifying the Commission shall postpone or cancel races in accordance with the following rules.

7.3.2 Added money events shall be postponed to a definite hour on a scheduled race date when favorable conditions prevail.

7.3.3 An early closing event or a late closing event that cannot be raced during the scheduled meeting shall be declared off and the total of nomination, sustaining and starting payments divided equally among the owners of eligibles in proportion to the number of horses declared to start.

7.3.4 An early closing event or late closing event that has been started, but remains unfinished on the last day of the scheduled meeting shall be declared ended and the full purse divided according to the summary.

7.3.5 Stakes should be raced where advertised and the meeting may be extended to accomplish this. Any stake that has been started, but which remains unfinished on the last day of the scheduled meeting shall be declared ended and the full purse divided according to the summary, except where the association elects to extend the meeting to complete the race.

7.3.6 Unless otherwise provided in the conditions, in order to transfer stakes and futurities to another meeting, unanimous consent must be obtained from the association and all those having eligibles in the event.

7.3.7 At extended meetings, overnight events may be postponed and rescheduled within 2 days, or may be canceled if circumstances or weather conditions warrant. Postponed overnight events not raced within 2 days shall then be canceled.

7.3.8 At non‑extended meetings, overnight events shall be canceled, unless the association is willing to add the postponed races to the advertised program for subsequent days of the meeting. At the option of the association, any postponed races may be contested in single 1‑mile dashes. Where races are postponed under this rule, the association shall have the privilege of selecting the order in which events will be raced in any combination program.

7.3.9 If the track conditions are questionable for the warming up or racing of horses, the presiding judges shall call a meeting consisting of a committee including himself/herself, an agent of the track and a representative of the horsemen. The agent of the track will notify the track superintendent to attempt to correct any problem with the racing surface as soon as possible. Once the track superintendent has addressed the problem, the horsemen’s representative will physically review the areas in question. If all are in agreement that the problem has been corrected, racing will proceed. If the representative of the horsemen is not satisfied, the track superintendent will be given a final opportunity to rectify the problem.

If after the second attempt to rectify the problem, the horsemen’s representative is still not satisfied, there will be a vote of the drivers and trainers of horses participating in that night’s program to determine if racing will be conducted. A secret vote will be taken of those participants and will be conducted and monitored by the judges. The judges will count the ballots and inform track management of the outcome. If a tally of the drivers and trainers determines that 25% or less vote to race, the card shall be canceled. If more than 25% and less than 75% vote to race, trainers will be allowed to withdraw horses without penalty. If 75% or more vote to race, the regular rules of withdrawal and scratching of horses will apply. The foregoing does not preclude race track management from canceling racing due to track or weather conditions without consultation with the presiding judges and the horsemen's representative upon notification of the Commission or its designee.

7.3.10 If qualifying races are postponed or canceled, an announcement shall be made to the participants as soon as the decision is made.

7.3.11 Where a race is postponed pursuant to any of the foregoing provisions only those horses originally declared in to the postponed event shall to be eligible to race. Where a race is postponed and moved to another location, horses previously declared may withdraw without penalty.

7.3.12 In the event the judges declare a "No Contest", the designated purse for that contest shall be divided equally among those horses that were eligible to participate in that contest. The declaration date for those horses credited with earnings in this manner shall be the scheduled date of the "No Contest" race.

7.4 Horses Permitted to Race

7.4.1 A horse shall be eligible to be declared in to race provided the following conditions have been met:

7.4.1.1 The eligibility fee, which shall become due and payable when a horse makes its first start in any type of race in a calendar year, has been paid to the United States Trotting Association, or a current eligibility certificate has been granted for the horse by the United States Trotting Association or by the Canadian Trotting Association.

7.4.1.2 The horse has been registered in the current ownership with the Canadian Standardbred Horse Society or in the United States Trotting Association Register;

7.4.1.3 If leased, a copy of the lease is on file with, and is acceptable to the United States Trotting Association or Canadian Trotting Association, as appropriate. The horse must race in the name of the lessee;

7.4.1.4 For overnight races, the horse has qualified at an extended meeting in accordance with the rules prior to the time of closing of declarations in accordance with the qualifying standards of the track presenting the race.

7.4.1.5 For added money events, the horse has qualified at an extended meeting in accordance with the rules prior to the time of closing of declarations.

7.4.1.6 Not more than 60 days prior to racing, the horse was credited with a satisfactory charted past performance line obtained in a purse, qualifying or schooling race conducted at a charted meeting; provided, however, that with the permission of the presiding judge, a satisfactory charted past performance more than 60 days prior to the race may be used;

7.4.1.7 The horse is at least 2-years of age to race at any meeting but not older than 14 years of age;

7.4.1.8 The horse has not been denerved by any method above its pastern. The decision at any given time whether the horse has been denerved shall be the State veterinarian's.

7.4.1.9 If a mare has been spayed, the United States Trotting Association or Canadian Trotting Association, as appropriate, has been notified in writing by the owner, trainer or veterinarian;

7.4.1.10 The horse does not have a trachea tube or a hole in its throat for a trachea tube;

7.4.1.11 The horse has unimpaired vision in at least 1 eye; and

7.4.1.12 The horse has been lip tattooed or freeze-branded or Micro Chipped in accordance with the constitution and bylaws and regulations of the United States Trotting Association or Canadian Standardbred Horse Society.

7.4.2 Any participant who declares, or causes to be declared, an ineligible horse to start shall be guilty of a violation of the rules and subject to disciplinary action by the judges. If after declarations close, and prior to the race, the judges become aware that an ineligible horse has been declared, they shall immediately scratch the horse and starting fees, if applicable, shall be forfeited.

7.4.3 If the ownership of a horse changes, such horse may start under the new ownership not more than 1 time without reasonable evidence being given to the judges that the registration certificate has been forwarded to the United States Trotting Association.

7.4.4 Any participant skipping or omitting transfers of ownership of any horse shall be guilty of a violation.

7.4.5 For the purposes of these rules, the term eligibility certificate shall refer to a printed document or its electronically produced equivalent.

7.4.6 Horses not under lease must race in the name of the bona fide owner.

7.5 Equipment

7.5.1 Any owner or trainer who wishes to change any equipment or hopples on a horse from one race to another shall apply to the judges for permission to do so, and no change shall be made without such permission. The judges shall assure themselves of the necessity for any change of equipment or hopples before granting permission.

7.5.2 No horse will be permitted in a race to wear any type of equipment that covers, protrudes, or extends beyond its nose or that in any way could interfere with the true placing of the horse.

7.5.3 It shall be the responsibility of the owner and trainer to provide every sulky used in a race with unicolored or colorless wheel discs on the inside and outside of each wheel of a type approved by the Commission. In his discretion, the presiding judge may order the use of properly affixed mud guards (fenders) and mud aprons.

7.6 Racing Rules

7.6.1 Under Supervision of Starter

7.6.1.1 Horses shall be under supervision of the starter from the time they arrive on the track until the start of the race.

7.6.1.2 All horses shall parade from the paddock to the starting post, and no driver shall dismount without the permission of the starter. Attendants may not care for the horses during the parade except by permission of the starter.

7.6.1.3 After entering the track not more than 10 minutes shall be consumed in the parade of the horses to the post except in cases of unavoidable delay.

7.6.1.4 Horses awaiting post time may not be held on the backstretch in excess of 5 minutes, except when delayed by an emergency.

7.6.2 Pre‑Race Accidents. When, before a race starts:

7.6.2.1 A horse is a runaway or is otherwise involved in an accident, such horse shall be examined by the racing veterinarian and if the horse is not ordered scratched by the veterinarian, the judges may permit the horse to compete and have this decision announced.

7.6.2.2 A driver is unseated and appears to have been injured, the horse that was being driven by that driver may compete with a substitute driver.

7.6.2.3 If a horse is scratched in error and cannot be added back into the pari-mutuel system, the horse may race for purse only. The judges shall ensure that the race announcer informs the public that the horse will be racing without pari-mutuel wagering.

7.6.3 Fair Start. The starter shall give such orders and take such measures that do not conflict with the rules of racing, as are necessary to secure a fair start.

7.6.4 Starter's Duties

7.6.4.1 The starter shall be in the starting gate 10 minutes before the post time of the race.

7.6.4.2 The starter shall have control over the horses and authority to assess fines and/or suspend drivers for any violation of the rules from the formation of the parade until the word "go" is given.

7.6.4.3 The starter may assist in placing the horses when requested by the judges to do so.

7.6.4.4 The starter shall notify the judges and the drivers in writing of penalties imposed by him.

7.6.5 Starting

7.6.5.1 The starter shall have control of the formation of the parade until giving the word "go".

7.6.5.2 After warming up scores, the starter shall notify the drivers to come to the starting gate.

7.6.5.3 The horses shall be brought to the starting gate as near ¼ of a mile before the start as the track will permit.

7.6.5.4 The starter shall cause the gate to move toward the starting point, gradually increasing the speed of the gate to maximum speed. When the speed has been reached in the course of a start, there shall be no decrease except in the case of a recall.

7.6.5.5 The starting point will be a point marked at a designated spot not less than 200 feet from the first turn. The starter shall give the word "go" at the starting point.

7.6.6 Recall Rules

7.6.6.1 In case of a recall, a light plainly visible to the drivers shall be flashed and a recall sounded, but the starting gate shall proceed out of the path of the horses. In the case of a recall, whenever possible, the starter shall leave the wings of the gate extended and gradually slow the speed of the gate to assist in stopping the field of horses. In an emergency, however, the starter shall use his discretion to close the wings of the gate.

7.6.6.2 There shall be no recall after the word "go" has been give unless there is a mechanical failure of the starting gate.

7.6.6.3 The starter shall attempt to dispatch all horses away in position and on gait but there shall be no recall for a breaking horse.

7.6.6.4 In the event a horse causes 2 recalls, it may be scratched by the judges.

7.6.6.5 The starter may sound a recall for the following reasons:

7.6.6.5.1 A horse scores ahead of the gate;

7.6.6.5.2 There is interference;

7.6.6.5.3 A horse has broken equipment;

7.6.6.5.4 A horse falls before the word "go" is given; or

7.6.6.5.5 A mechanical failure of the starting gate;

7.6.6.5.6 A horse comes to the gate out of position.

7.6.6.6 A fine and/or suspension may be applied by the starter or the judges to any driver for:

7.6.6.6.1 Delaying the start;

7.6.6.6.2 Failure to obey the starter's instructions;

7.6.6.6.3 Rushing ahead of the inside or outside wing of the gate;

7.6.6.6.4 Coming to the starting gate out of position;

7.6.6.6.5 Crossing over before reaching the starting point;

7.6.6.6.6 Interference with another driver during the start; or

7.6.6.6.7 Failure to come up into position and stay in position behind the starting gate until the word “go” is given.

7.6.6.6.8 Charging the Gate. Subject to the age, experience and post position of the horse and the condition of the racetrack, during extended pari-mutuel meetings, each horse in the first tier shall approach the starting gate reasonably in concert with the other horses in the field and shall be on the gate at the start. If the judges deem that a driver has intentionally laid off the gate and then charged it near the start in order to gain an advantage at the start, the driver shall be fined or suspended or both.

7.6.7 Starting Gate

7.6.7.1 No persons shall be allowed to ride in the starting gate except the starter and the driver or operator and a patrol judge, unless permission has been granted by the presiding judge.

7.6.7.2 Use of the mechanical loudspeaker for any purpose other than to give instructions to the drivers is prohibited. The volume shall be no higher than necessary to carry the voice of the starter to the drivers.

7.6.7.3 The arms of all starting gates shall be provided with a screen or shield in front of the position for each horse.

7.6.7.4 The official starter must ensure that the starting gate is in good working order prior to the beginning of each race program.

7.6.7.5 The official starter and starting gate driver shall operate the starting gate in a manner consistent with the safe conduct of the race, the safety of the race participants and the safety of the patrons.

7.6.8 Two‑Tiered Races

7.6.8.1 In the event there are 2 tiers of horses, the withdrawing of a horse that has drawn or earned a position in the front tier shall not affect the positions of horses that have drawn or entered positions in the second tier.

7.6.8.2 Whenever a horse is drawn from any tier, horses on the outside move in to fill the vacancy. Where a horse has drawn a post position in the second tier, the driver of such horse may elect to score out behind any horse in the front tier so long as it does not interfere with another trailing horse or deprive another trailing horse of a drawn position.

7.6.8.3 When there is only 1 trailer, it may start from any position in the second tier. When there is more than 1 trailer, they must start from inside any horse with a higher post position.

7.6.8.4 In a race with multiple trailers, the driver of the first horse in the second tier may elect to score out behind the first or second horse in the first tier. The horse drawing the second post in the second tier shall score behind the third or fourth horse in the first tier. The horse drawing the third post in the second tier shall score behind the fifth or sixth horse. Any horse drawing a post position outside those already referenced shall be placed in a consistent manner behind the appropriate horses from the first tier. If there are more trailers than designated post positions in the second tier as described above, the judges shall determine proper starting positions for the second tier horses.

7.6.9 Starting Without a Gate

7.6.9.1 When horses are started without a gate the starter shall have control of the horses from the formation of the parade until giving the word "go". The starter shall be located at the wire or other point of start of the race at which point as nearly as possible the word "go" shall be given. No driver shall cause unnecessary delay after the horses are called. After 2 preliminary warming‑up scores, the starter shall notify the drivers to form in parade.

7.6.9.2 The driver of any horse refusing or failing to follow the instructions of the starter as to the parade or scoring ahead of the pole horse may be set down for the heat in which the offense occurs, or for such other period as the starter shall determine, and may be fined. Whenever a driver is taken down, the substitute shall be permitted to score the horse once. A horse delaying the race may be started regardless of its position or gait and there shall not be a recall because of a bad acting horse. If the word "go" is not given, all the horses in the race shall immediately turn on signal, and jog back to their parade positions for a fresh start. There shall be no recall after the starting word is given.

7.6.10 Horse Deemed a Starter. Horses shall be deemed to have started when the word "go" is given by the starter and all horses must go the course except in the case of an accident in which it is the opinion of the judges that it is impossible to go the course.

7.6.11 Unmanageable/Bad Acting Horses

7.6.11.1 If, in the opinion(s) of the judges and/or the starter, a horse is unmanageable or liable to cause accidents or injury to any other horse or to any driver, it may be sent to the barn. When this action is taken, the starter will notify the judges who will in turn notify the public and order any refunds as may be required in Rule 10 of these rules.

7.6.11.2 The starter may place a bad acting horse on the outside at his discretion. Such action may be taken only where there is time for the starter to notify the judges who will in turn notify the public prior to any pari-mutuel wagering on the race. If pari-mutuel wagering has already begun on the race, the horse must be scratched as stipulated in subdivision 1 above.

7.6.12 Post Positions, Heat Racing

7.6.12.1 The horse winning a heat shall take the inside position in the succeeding heat, unless otherwise specified in the published conditions of the race, and all others shall take their positions in the order they were placed in the prior heat.

7.6.12.2 When 2 or more horses dead heat, their positions shall be determined by lot.

7.6.13 Conduct of the Race

7.6.13.1 A driver shall not commit any of the following acts which are considered violations of driving rules:

7.6.13.1.1 Change course or position, or swerve in or out, or bear in or out during any part of the race in such a manner as to compel a horse to shorten its stride or cause another driver to change course, take his horse back, or pull his horse out of its stride.

7.6.13.1.2 Impede the progress of another horse or cause it to break from its gait.

7.6.13.1.3 Cross over too sharply in front of another horse or in front of the field.

7.6.13.1.4 Crowd another horse by 'putting a wheel under it.'

7.6.13.1.5 Allow another horse to pass needlessly on the inside, or commit any other act that helps another horse to improve its position.

7.6.13.1.6 Carry another horse out.

7.6.13.1.7 Take up or slow up in front of other horses so as to cause confusion or interference among the trailing horses.

7.6.13.1.8 Maintain an outside position without making the necessary effort to improve his overall position.

7.6.13.1.9 Strike or hook wheels with another sulky, or physically interfere with another horse or driver. For any violation that results in contact with another horse, driver or bike, the driver may receive a driving suspension and /or fine.

7.6.13.1.10 Lay off a normal pace and leave a hole when it is well within the horse's capacity to keep the hole closed.

7.6.13.1.11 Drive in a careless or reckless manner.

7.6.13.1.12 Fail to set, maintain or properly contest a pace comparable to the class in which he is racing considering the horse's ability, track conditions, weather and circumstances confronted in the race.

7.6.13.1.13 Riding 'half-in' or 'half-out'.

7.6.13.1.14 Kicking a horse.

7.6.13.1.15 Excessive and/or unnecessary conversation between and among drivers while on the racetrack during the time when colors are required is prohibited. Any violation of this rule may be punished by a fine, suspension or combination thereof.

7.6.13.1.16 Leaning back more than what is determined by the Judges to be safe in the race bike may result in a fine/suspension. Typically, any lean of 130 degrees or greater is determined to be unsafe.

7.6.13.1.17 Fail to adjust hand holds to ensure maximum control of the horse.

7.6.13.1.18 Turn the horse abruptly after the finish line of the race in order to return to the paddock or barn area.

7.6.13.1.19 The leading horse is not to be more than 4 feet from the inside rail/pylons except after selecting his position in the home stretch.

7.6.13.2 A complaint by a driver of any foul, violation of the rules or other misconduct during a race shall be made immediately after the race to which it relates, unless the driver is prevented from doing so by an accident or injury or other reasonable excuse. A driver desiring to enter a claim of foul, or other complaint of violation of the rules, shall make this known to the starter before dismounting and shall proceed immediately to the paddock telephone to communicate immediately with the judges. Any driver who is involved in an objection or inquiry shall proceed immediately to the paddock telephone to communicate with the judges. The judges shall not cause the official sign to be posted until the matter has been dealt with.

7.6.13.3 If a violation is committed by a person driving a horse coupled as an entry the judges may set both horses back if, in their opinion, the violation may have affected the finish of the race, otherwise penalties may be applied individually.

7.6.13.4 In the case of interference, collision, or violation of any rules, the offending horse may be placed back one or more positions in that heat or dash, and in the event of such collisions, interference or violation preventing any horse from finishing the heat or dash, the offending horse may be disqualified from receiving any winnings and the driver may be fined or suspended. If a horse is set back, it must be placed behind the horse with which it interfered. If an offending horse has interfered with a horse involved in a dead heat and the offending horse is set back, it must be placed behind the horses in the dead heat.

7.6.13.5 If the judges believe that a horse is, or has been driven with design to prevent it winning a race or races, they shall consider it a violation by the driver.

7.6.13.6 If the judges believe that a horse has been driven in an inconsistent manner, they shall consider it a violation.

7.6.13.7 If the judges believe that a horse has been driven in an unsatisfactory manner due to lack of effort or a horse has been driven in an unsatisfactory manner for any reason, they shall consider it a violation punishable by a fine and/or suspension.

7.6.13.8 If a horse is suspected to have choked or bled during a race, the driver and/or trainer of that horse is required to report this to the judges immediately after the race.

7.6.13.9 If, in the opinion of the judges, a driver is for any reason unfit or incompetent to drive, or is reckless in his conduct and endangers the safety of horses or other drivers in a race, he shall be removed and another driver substituted at any time and the offending driver may be fined, suspended or expelled.

7.6.13.10 If for any cause other than being interfered with, or broken equipment, a horse fails to finish after starting a race, that horse shall be ruled out of any subsequent heat of the same event. If it is alleged that a horse failed to finish a race because of broken equipment, this fact must be reported to the paddock judge who shall make an examination to verify the allegation and report the findings to the judges.

7.6.13.11 A driver must be mounted in the sulky at all times during the race or the horse shall be placed as a non‑finisher.

7.6.13.12 Shouting or other improper conduct in a race is forbidden.

7.6.13.13 Drivers shall keep both feet in the stirrups during the post parade and from the time the horses are brought to the starting gate until the race has been completed. Drivers shall be permitted to remove a foot from the stirrups during the course of the race solely for the purpose of pulling ear plugs and once same have been pulled the foot must be placed back into the stirrup. Drivers who violate this rule may be subject to a fine and/or suspension.

7.6.13.14 Impelling of a Horse

7.6.13.14.1 Whips. Drivers will be allowed whips not to exceed 4 feet, plus a snapper not longer than 6 inches. Modification of a whip is prohibited.

7.6.13.14.1.1 Use. At all times, the use of a whip shall be confined to the areas above and between the sulky shafts and the outside wheel disks. Drivers are prohibited from using the whip in a 1-handed striking motion from the start of the race until the horse reaches the 1/4 mile pole. The 1-handed use of the whip shall be limited to the striking of the shafts of the sulky or the saddlepad. The terms “striking” or “1-handed striking motion” shall not be construed to mean a light tapping with the whip, at any point in the race, while maintaining a line in each hand.

7.6.13.14.1.2 Drivers shall keep a line in each hand from the start of the race until the quarter pole.

7.6.13.14.1.3 From the quarter pole to the 7/8th pole, a driver may only use the whip once for a maximum of 3 strokes, but must pause after each strike (NO REPETITIVE WHIPPING).

7.6.13.14.1.4 Once the lead horse has reached the 7/8 mile pole, the driver may, in a 1-handed motion, strike the shaft of the sulky or the saddlepad in a reasonable and responsible manner.

7.6.13.14.2 Violations:

7.6.13.14.2.1 Whipping under the arch or shafts of the sulky

7.6.13.14.2.2 Whipping a horse after the race

7.6.13.14.2.3 Causing injury (visible or not) with a whip

7.6.13.14.2.4 Striking or jabbing a horse with the butt end of a whip

7.6.13.14.2.5 Whipping a horse that is out of contention

7.6.13.14.2.6 Any blatant or exaggerated movements of the whipping arm which will result from raising the elbow above the driver’s shoulder height or allowing the hand holding the whip to reach behind the driver while striking with the whip.

7.6.13.14.2.7 Brutal, excessive, and/or indiscriminate use of a whip.

7.6.13.14.2.7.1 Inspections. At extended pari-mutuel meetings, under the supervision of the judges, there may be a mandatory inspection of each horse following each race for evidence of excessive or brutal use of the whip. At all other meetings, the judges shall have the authority to order and/or conduct such inspections at their discretion.

7.6.13.15 The use of any goading device, or chain, or spur, or mechanical or electrical device other than a whip as allowed in the rules, upon any horse, shall constitute a violation.

7.6.13.16 The possession of any mechanical or electrical goading device on the grounds of an association shall constitute a violation.

7.6.13.17 The judges shall have the authority to disallow the use of any equipment or harness that they feel is unsafe or not in the best interests of racing.

7.6.13.18 When a horse breaks from its gait, it shall be considered a violation on the part of the driver for:

7.6.13.18.1 Failure to take the horse to the outside of other horses where clearance exists.

7.6.13.18.2 Failure to properly attempt to pull the horse to its gait.

7.6.13.18.3 Failure to lose ground while on a break.

7.6.13.18.4 If no violation has been committed, the horse shall not be set back unless a contending horse on his gait is lapped on the hind quarter of the breaking horse at the finish. The judges may set any horse back 1 or more places if in their judgment, any of the above violations have been committed, and the driver may be penalized.

7.6.13.18.5 Any horse making a break which causes interference to other horses may be placed behind all offended horses. If there has been no failure on the part of the driver of the breaking horse in complying with Rule 7.6.13.20, no fine or suspension shall be imposed on the driver as a consequence.

7.6.13.19 If, in the opinion of the judges, a driver allows a horse to break for the purpose of losing a race, he or she shall be in violation of the rules.

7.6.13.20 It shall be the duty of one of the judges to call out every break made and have them duly recorded in judges official race reports.

7.6.13.21 The horse whose nose reaches the wire first is the winner. If there is a dead heat for first, both horses shall be considered winners. In races having more than one heat or dash, where 2 horses are tied in the summary, the winner of the longer dash or heat shall be entitled to the trophy. Where the dashes or heats are of the same distance and the horses are tied in the summary, the winner of the faster dash or heat shall be entitled to the trophy. Where the dashes or heats are of the same time, both horses shall be considered winners and the entitlement of the trophy will be decided by lot.

7.6.13.22 The wire or finish line is a real line established with the aid of a surveyor's transit, or an imaginary line running from the center of the judges' stand to a point immediately across and at right angles to the track.

7.6.13.23 If, during the preliminary scores or during a race a driver is unseated in such a manner that he or she falls to the ground, the presiding judge or judges may direct the driver to report to the infirmary or to the emergency department of the nearest hospital for examination and receive clearance to continue with driving assignments on that day of racing.

7.6.13.24 In the event a driver is involved in an incident on or off the track that requires medical attention, the driver must provide medical clearance from a licensed medical professional or an on-track emergency medical technician (EMT) stating that he/she can resume his/her duties.

7.6.13.25 If a horse is to warm up it must go its last warm‑up on the same racing strip as it will compete on unless excused by the judges.

7.6.14 Harness Race Track Without a Hubrail

7.6.14.1 If at a racetrack which does not have a continuous solid inside hub rail, a horse or part of the horse's sulky leaves the course by running over or going inside the pylons or other demarcation which constitutes the inside limits of the course, the offending horse may be placed 1 or more positions where, in the opinion of the judges, the action gave the horse an unfair advantage over other horses in the race, or the action helped the horse improve its position in the race. Drivers may be fined or suspended for permitting a horse’s sulky to run over or go inside the pylons or other demarcation which constitutes the inside limits of the course. In addition, when an act of interference causes a horse or part of the horse's sulky to cross the inside limits of the course, and the horse is placed by the judges, the offending horse shall be placed behind the horse with which it interfered.

7.6.14.2 In the event a horse or part of a horse’s sulky leaves the course for any reason, it shall be the driver’s responsibility to take all reasonable steps to safely reenter the race course as soon as possible.

7.6.15 Extended Homestretch

7.6.15.1 With approval of the Commission, a track may extend the width of its homestretch up to 10 feet inward in relation to the width of the rest of the racetrack.

7.6.15.2 In the event the home stretch is expanded pursuant to 7.6.15.1 above, the following shall apply:

7.6.15.2.1 When entering or while going through the homestretch for the first time in a race, no horse shall use the expanded inside lane in an attempt to pass other horses or improve its position. Any horse, which does so shall be disqualified and placed last in the order of finish.

7.6.15.2.2 The lead horse in the homestretch shall maintain as straight a course as possible while allowing trailing horses full access to the extended inside lane.

If, in the opinion of the judges, the lead horse changes course in the homestretch in an attempt to prevent a trailing horse from passing, said horse shall be placed accordingly.

7.6.15.2.3 Horses using the expanded inside lane during the homestretch drive for the finish of the race, must first have complete clearance of the pylons marking the inside boundary of the racecourse. Any horse or sulky running over one or more of the pylons or going inside the pylons while attempting to use the expanded inside lane, may be disqualified or placed back one or more positions.

7.6.15.2.4 A horse may only be driven into the expanded homestretch lane for the purpose of passing another horse and may not be driven into the expanded homestretch lane for the purpose of blocking a trailing horse. If, in the opinion of the judges, a horse is driven into the expanded homestretch lane for the purpose of blocking a trailing horse, the driver of the blocking horse may be fined and/or suspended and the horse may be placed accordingly.

History

• 1 DE Reg. 501 (11/01/97)
• 2 DE Reg. 1068 (01/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 1050 (02/01/08)
• 22 DE Reg. 47 (07/01/18)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 504 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 10 DE Reg. 980 (12/01/06)
• 14 DE Reg. 894 (03/01/11)
• 1 DE Reg. 504 (11/01/97))
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1764 (04/01/99)
• 4 DE Reg. 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 1512 (05/01/04)
• 10 DE Reg. 1421 (03/01/07)
• 11 DE Reg. 308 (09/01/07)
• 14 DE Reg. 1338 (06/01/11)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 467 (12/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 1 DE Reg. 502 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 308 (09/01/07)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 502 (11/01/97)
• 5 DE Reg. 832 (10/01/01)
• 10 DE Reg. 1422 (03/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 14 DE Reg. 23 (07/01/10)
• 14 DE Reg. 894 (03/01/11)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 47 (07/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 2 DE Reg. 1241 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg. 1520 (05/01/00)
• 4 DE Reg. 1123 (01/01/01)
• 4 DE Reg. 1652 (04/01/01)
• 5 DE Reg. 1691 (03/01/02)
• 6 DE Reg. 862 (01/01/03)
• 7 DE Reg. 1512 (05/01/04)
• 11 DE Reg. 308 (09/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 666 (11/01/08)
• 16 DE Reg. 282 (09/01/12)
• 16 DE Reg. 754 (01/01/13)
• 17 DE Reg. 1060 (05/01/14)
• 21 DE Reg. 563 (01/01/18)
• 22 DE Reg. 47 (07/01/18)
• 24 DE Reg. 662 (01/01/21)
• 24 DE Reg. 942 (04/01/21)
• 1 DE Reg. 923 (01/01/98)
• 2 DE Reg. 684 (10/01/98)
• 2 DE Reg. 1764 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg 1520 (05/01/00)
• 4 DE Reg 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 42 (07/01/03)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 1074 (02/01/09)
• 13 DE Reg. 841 (12/01/09)
• 14 DE Reg. 553 (12/01/10)
• 15 DE Reg. 1322 (03/01/12)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 17 DE Reg. 1060 (05/01/14)
• 18 DE Reg. 466 (12/01/14)
• 18 DE Reg. 781 (04/01/15)
• 19 DE Reg. 1077 (06/01/16)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 25 DE Reg. 693 (01/01/22)
• 27 DE Reg. 697 (06/01/24)
• 12 DE Reg. 1305 (04/01/09)

3 Del. Admin. Code § 501-8.0 Veterinary Practices, Equine Health Medication

8.1 General Provisions. The purpose of this Section is to protect the integrity of horse racing, to ensure the health and welfare of race horses and to safeguard the interests of the public and the participants in racing.

8.2 Veterinary Practices

8.2.1 Veterinarians Under Authority of Commission Veterinarian. Veterinarians licensed by the Commission and practicing at any location under the jurisdiction of the Commission are subject to this regulation, which shall be enforced under the authority of the Commission veterinarian. Without limiting the authority of the presiding judge to enforce this regulation, the Commission veterinarian may recommend to the presiding judge or the Commission the discipline which may be imposed upon a veterinarian who violates the regulation.

8.2.2 Treatment Restrictions

8.2.2.1 Except as otherwise provided by this subsection, no person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the Commission may administer a prescription or controlled medication, drug, chemical or other substance (including any medication, drug, chemical or other substance by injection) to a horse at any location under the jurisdiction of the Commission.

8.2.2.2 This subsection does not apply to the administration of the following substances except in approved quantitative levels, if any, present in post‑race samples or as they may interfere with post‑race testing:

8.2.2.2.1 A recognized non‑injectable nutritional supplement or other substance approved by a Commission veterinarian;

8.2.2.2.2 A non‑injectable substance on the direction or by prescription of a veterinarian licensed to practice veterinary medicine in the State of Delaware; or

8.2.2.2.3 A non‑injectable non‑prescription medication or substance.

8.2.2.3 No person shall possess a hypodermic needle, syringe or injectable of any kind on association premises, unless otherwise approved by the Commission. At any location under the jurisdiction of the Commission, veterinarians may use only 1‑time disposable needles, and shall dispose of them in a manner approved by the Commission. If a person has a medical condition which makes it necessary to have a syringe at any location under the jurisdiction of the Commission, that person may request permission of the Board of Judges or the Commission in writing, furnish a letter from a licensed physician explaining why it is necessary for the person to possess a syringe, and must comply with any conditions and restrictions set by the Board of Judges or the Commission.

8.2.2.4 Therapeutic Electronic Devices, Shockwave Therapy/Instruments

8.2.2.4.1 The use of Therapeutic Electronic Devices or shock wave therapy shall not be permitted unless the following conditions are met:

8.2.2.4.1.1 No licensee is permitted to possess or to use Therapeutic Electronic Devices or shock wave therapy machines/instruments on association premises.

8.2.2.4.1.2 Any horse treated with shock wave therapy shall not be permitted to race for a minimum of 10 days following treatment (the day of treatment shall be considered the first day in counting the number of days). Any horse treated with Therapeutic Electronic Devices or shock wave therapy shall be placed on the Commission Veterinarian’s List.

8.2.2.4.1.3 All Therapeutic Electronic Devices or shock wave therapy treatments must be reported by the trainer of record to the official Commission veterinarian on the prescribed form not later than the time prescribed by the official Commission veterinarian.

8.2.2.4.2 A trainer, veterinarian, or other person, who has been found to have violated any of the above provisions of this Rule shall be subject to appropriate disciplinary action by the judges or Commission.

8.2.2.4.3 Definitions. The following terms and words used in Section 8.0 are defined as:

8.2.2.4.3.1 Therapeutic Electronic Devices shall mean any device that requires electricity or battery power, including but not limited to: therapeutic ultrasound, therapeutic laser or other similar devices. Shock Wave Therapy shall mean all Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy treatments and any other treatments determined to pose similar risks by the Commission veterinarian.

8.3 Medications and Foreign Substances. Foreign substances shall mean all substances, except those which exist naturally in the untreated horse at normal physiological concentration, and shall include all narcotics, stimulants, depressants or other drugs or medications of any type. Except as specifically permitted by these rules, no foreign substance shall be carried in the body of the horse at the time of the running of the race. Upon a finding of a violation of these medication and prohibited substances rules, the presiding judge or other designee of the Commission shall consider the classification level of the violation as listed at the time of the violation by the DHRC Uniform Classification Guidelines found in subsection 8.3.1 of this section, and may consider the most recent recommendations by the Uniform Classification Guidelines of Foreign Substances as promulgated by the Association of Racing Commissioners International. In addition, the presiding judge or other designee of the Commission shall consider all other relevant available evidence including but not limited to: i) whether the violation created a risk of injury to the horse or driver; ii) whether the violation undermined or corrupted the integrity of the sport of harness racing; iii) whether the violation misled the wagering public and those desiring to claim the horse as to the condition and ability of the horse; iv) whether the violation permitted the trainer or licensee to alter the performance of the horse or permitted the trainer or licensee to gain an advantage over other horses entered in the race; v) the amount of the purse involved in the race in which the violation occurred. The Presiding Judge may impose penalties and disciplinary measures consistent with the recommendations contained in subsection 8.3.2 of this section.

8.3.1 DHRC Uniform Classification Guidelines. The following outline describes the types of substances placed in each category. This list shall be publicly posted in the offices of the Commission and the racing secretary entry areas.

8.3.1.1 Class 1. Opiates, opium derivatives, synthetic opiates, psychoactive drugs, amphetamines and U.S. Drug Enforcement Agency (DEA) scheduled I and II drugs. Also found in this class are drugs which are potent stimulants of the nervous system. Drugs in this class have no generally accepted medical use in the race horse and their pharmacological potential for altering the performance of a race is very high.

8.3.1.2 Class 2. Drugs in this category have a high potential for affecting the outcome of a race. Most are not generally accepted as therapeutic agents in the race horse. Many are products intended to alter consciousness or the psychic state of humans, and have no approved or indicated use in the horse. Some, such as injectable local anesthetics, have legitimate use in equine medicine, but should not be found in a race horse. The following groups of drugs are in this class:

8.3.1.2.1 Opiate partial agonist, or agonist‑antagonists;

8.3.1.2.2 Non‑opiate psychotropic drugs, which may have stimulant, depressant, analgesic or neuroleptic effects;

8.3.1.2.3 Miscellaneous drugs which might have a stimulant effect on the central nervous system (CNS);

8.3.1.2.4 Drugs with prominent CNS depressant action;

8.3.1.2.5 Antidepressant and antipsychotic drugs, with or without prominent CNS stimulatory or depressant effects;

8.3.1.2.6 Muscle blocking drugs which have a direct neuromuscular blocking action;

8.3.1.2.7 Local anesthetics which have a reasonable potential for use as nerve blocking agents (except procaine); and

8.3.1.2.8 Snake venoms and other biologic substances which may be used as nerve blocking agents.

8.3.1.3 Class 3. Drugs in this class may or may not have an accepted therapeutic use in the horse. Many are drugs that affect the cardiovascular, pulmonary and autonomic nervous systems. They all have the potential of affecting the performance of a race horse. The following groups of drugs are in this class:

8.3.1.3.1 Drugs affecting the autonomic nervous system which do not have prominent CNS effects, but which do have prominent cardiovascular or respiratory system effects (bronchodilators are included in this class);

8.3.1.3.2 A local anesthetic which has nerve blocking potential but also has a high potential for producing urine residue levels from a method of use not related to the anesthetic effect of the drug (procaine);

8.3.1.3.3 Miscellaneous drugs with mild sedative action, such as the sleep inducing antihistamines;

8.3.1.3.4 Primary vasodilating/hypotensive agents; and

8.3.1.3.5 Potent diuretics affecting renal function and body fluid composition.

8.3.1.4 Class 4. This category is comprised primarily of therapeutic medications routinely used in race horses. These may influence performance, but generally have a more limited ability to do so. Groups of drugs assigned to this category include the following:

8.3.1.4.1 Non‑opiate drugs which have a mild central analgesic effect;

8.3.1.4.2 Drugs affecting the autonomic nervous system which do not have prominent CNS, cardiovascular or respiratory effects

8.3.1.4.2.1 Drugs used solely as topical vasoconstrictors or decongestants

8.3.1.4.2.2 Drugs used as gastrointestinal antispasmodics

8.3.1.4.2.3 Drugs used to void the urinary bladder

8.3.1.4.2.4 Drugs with a major effect on CNS vasculature or smooth muscle of visceral organs.

8.3.1.4.3 Antihistamines which do not have a significant CNS depressant effect (This does not include H1 blocking agents, which are listed in Class 5);

8.3.1.4.4 Mineralocorticoid drugs;

8.3.1.4.5 Skeletal muscle relaxants;

8.3.1.4.6 Anti‑inflammatory drugs‑‑those that may reduce pain as a consequence of their anti-inflammatory actions, which include:

8.3.1.4.6.1 Non‑Steroidal Anti‑Inflammatory Drugs (NSAIDs)‑‑aspirin‑like drugs;

8.3.1.4.6.2 Corticosteroids (glucocorticoids); and

8.3.1.4.6.3 Miscellaneous anti‑inflammatory agents.

8.3.1.4.7 Anabolic and/or androgenic steroids and other drugs;

8.3.1.4.8 Less potent diuretics;

8.3.1.4.9 Cardiac glycosides and antiarrhythmics including:

8.3.1.4.9.1 Cardiac glycosides;

8.3.1.4.9.2 Antiarrhythmic agents (exclusive of lidocaine, bretylium and propanolol); and

8.3.1.4.9.3 Miscellaneous cardiotonic drugs.

8.3.1.4.10 Topical Anesthetics‑‑agents not available in injectable formulations;

8.3.1.4.11 Antidiarrheal agents; and

8.3.1.4.12 Miscellaneous drugs including:

8.3.1.4.12.1 Expectorants with little or no other pharmacologic action;

8.3.1.4.12.2 Stomachics; and

8.3.1.4.12.3 Mucolytic agents.

8.3.1.5 Class 5. Drugs in this category are therapeutic medications for which concentration limits have been established as well as certain miscellaneous agents. Included specifically are agents which have very localized action only, such as anti‑ulcer drugs, certain antiallergic drugs, and the anticoagulant drugs. Cobalt is also included, along with its own accompanying penalty recommendations.

8.3.2 Penalty Recommendations. The following penalties and disciplinary measures may be imposed for violations of these medication and prohibited substances rules:

8.3.2.1 Class 1 ‑ in the absence of extraordinary circumstances, a minimum license revocation of 18 months and a minimum fine of $5,000, and a maximum fine up to the amount of the purse money for the race in which the infraction occurred, forfeiture of the purse money, and assessment for cost of the drug testing.

8.3.2.2 Class 2 ‑ in the absence of extraordinary circumstances, a minimum license revocation of 9 months and a minimum fine of $3,000, and a maximum fine of up to the amount of the purse money for the race in which the violation occurred, forfeiture of the purse money, and assessment for cost of the drug testing.

8.3.2.3 Class 3 ‑ in the absence of extraordinary circumstances, a minimum license revocation of 90 days, and a minimum fine of $3,000, and a maximum fine of up to the amount of the purse money for the race in which the violation occurred, forfeiture of the purse money, and assessment for cost of the drug testing.

8.3.2.4 Class 4 - in the absence of extraordinary circumstances, a minimum license revocation of 30 days, and a minimum fine of $2,000, and a maximum fine of up to the amount of the purse money for the race in which the violation occurred, forfeiture of the purse money, and assessment for the cost of the drug testing.

8.3.2.5 Class 5 - Zero to 15 days suspension with a possible loss of purse and/or fine and assessment for the cost of the drug testing.

8.3.2.5.1 Cobalt detected at or above 25 ppb, but below 50 ppb in blood or serum will result in placement of the effected horse on the “Vet’s List” until blood or serum test results are below 25 ppb. Testing will be administered at no less than 7 day intervals. The cost of subsequent testing after initial finding will be conducted at owner’s expense.

8.3.2.5.2 Cobalt detected at or above 50 ppb in blood or serum will result in a minimum: $500 fine and 15-day suspension for the trainer; the owner would loss any purse money gained; and, the horse would be placed on the “Vet’s List” in accordance with the protocol detailed in 8.3.2.5.1 above.

8.3.2.6 In determining the appropriate penalty with respect to a medication rule violation, the Presiding Judge or other designee of the Commission may use discretion in the application of the foregoing penalty recommendations, and shall consult with the Commission veterinarian or the Commission chemist to determine the seriousness of the laboratory finding or the medication violation. Aggravating or mitigating circumstances in any case should be considered and greater or lesser penalties or disciplinary measures may be imposed than those set forth above. Specifically, if the presiding judge or other designee of the Commission determine that mitigating circumstances warrant imposition of a lesser penalty than the recommendations suggest, the presiding judge may impose a lesser penalty. If the presiding judge or other designee of the Commission determines that aggravating circumstances require imposition of a greater penalty, however, the presiding judge may only impose up to the maximum recommended penalty, and must refer the case to the Commission for its review, with a recommendation for specific action. Without limitation, the presence of the following aggravating circumstances may warrant imposition of greater penalties than those recommended, up to and including a lifetime suspension:

8.3.2.6.1 Repeated violations of these medication and prohibited substances rules by the same trainer or with respect to the same horse;

8.3.2.6.2 Prior violations of similar rules in other racing jurisdictions by the same trainer or with respect to the same horse; or

8.3.2.6.3 Violations which endanger the life or health of the horse.

8.3.2.6.4 Violations that mislead the wagering public and those desiring to claim a horse as to the condition and ability of the horse;

8.3.2.6.5 Violations that undermine or corrupt the integrity of the sport of harness racing.

8.3.2.7 Any person whose license is reinstated after a prior violation involving class 1 or class 2 drugs and who commits a subsequent violation within 5 years of the prior violation, shall absent extraordinary circumstances, be subject to a minimum revocation of license for 5 years, and a minimum fine in the amount of the purse money of the race in which the infraction occurred, along with any other penalty just and reasonable under the circumstances. With respect to Class 1, 2 and 3 drugs detect in a urine sample but not in a blood sample, and in addition to the foregoing factors, in determining the length of a suspension or the amount of a fine, or both, the Board of Judges may take in consideration, without limitation, whether the drug has any equine therapeutic use, the time and method of administration, if determined, whether more than 1 foreign substance was detected in the sample, and any other appropriate aggravating or mitigating factors.

8.3.2.8 Whenever a trainer is suspended more than once within a 2-year period for a violation of this chapter regarding medication rules, any suspension imposed on the trainer for any such subsequent violation also shall apply to the horse involved in such violation. The Board of Judges may impose a shorter suspension on the horse than on the trainer.

8.3.2.9 At the discretion of the presiding judge or other designee of the Commission, a horse as to which an initial finding of a prohibited substance has bee made by the Commission chemist may be prohibited from racing pending a timely hearing; provided, however, that other horses registered under the care of the trainer of such a horse may, with the consent of the presiding judge or other designee of the Commission be released to the care of another trainer, and may race.

8.3.3 Medication Restrictions

8.3.3.1 Drugs or medications in horses are permissible, provided:

8.3.3.1.1 The drug or medication is listed by the Association of Racing Commissioners International's Drug Testing and Quality Assurance Program; and

8.3.3.1.2 The maximum permissible urine or blood concentration of the drug or medication does not exceed the limit established in theses Rules or otherwise approved and published by the Commission.

8.3.3.2 Except as otherwise provided by Section 8.0 of this regulation, a person may not administer or cause to be administered by any means to a horse a prohibited drug, medication, chemical or other substance, including any restricted medication pursuant to this chapter during the 24‑hour period before post time for the race in which the horse is entered. Such administration shall result in the horse being scratched from the race and may result in disciplinary actions being taken.

8.3.3.3 A finding by the official chemist of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post‑race test, was present in the horse's body while it was participating in a race. Prohibited substances include:

8.3.3.3.1 Drugs or medications for which no acceptable levels have been established in these Rules or otherwise approved and published by the Commission.

8.3.3.3.2 Therapeutic medications in excess of acceptable limits established in these rules or otherwise approved and published by the Commission.

8.3.3.3.3 Substances present in the horse in excess of levels at which such substances could occur naturally and such prohibited substances shall include a total carbon dioxide level of 37 mmol/L or serum in a submitted blood sample from a horse or 39 mmol/L if serum from a horse which has been administered furosemide in compliance with these rules, provided that a licensee has the right, pursuant to such procedures as may be established from time to time by the Commission, to attempt to prove that a horse has a naturally high carbon dioxide level in excess of the above-mentioned levels; and provided, further, that an excess total carbon dioxide level shall be penalized in accordance with the penalty recommendation applicable to a Class 2 substance.

8.3.3.3.4 Substances foreign to a horse at levels that cause interference with testing procedures. The detection of any such substance is a violation, regardless of the classification or definition of the substance or its properties under the Uniform Classification Guidelines for Foreign Substances.

8.3.3.4 The tubing, dosing or jugging of any horse for any reason within 24 hours prior to its scheduled race is prohibited unless administered for medical emergency purposes by a veterinarian licensed to practice veterinary medicine in the State of Delaware, in which case the horse shall be scratched. The practice of administration of any substance via a naso-gastric tube or dose syringe into a horse's stomach within 24 hours prior to its scheduled race is considered a violation of these rules and subject to disciplinary action, which may include fine, suspension and revocation or license.

8.3.3.5 A finding by the official chemist that Erythropietin (EPO), darbopoietin (DPO) or their antibodies was present in a post-race test specimen of a horse shall be promptly reported in writing to the judges. The judges shall notify the owner and trainer of the positive test result for EPO, DPO or their antibodies. The judges shall notify the chief DHRC veterinarian of the name of the horse for placement on the Veterinarian's List, pursuant to subsection 8.6.1.1, if the positive test result indicates that the horse is unfit to race. Any horse placed on the Veterinarian's List pursuant to this Rule shall not be permitted to enter a race until the owner or trainer, at their own expense, provides proof of a negative test result for EPO, DPO or their antibodies from a laboratory approved by the Commission, provided said test sample is obtained under collection procedures acceptable to the Commission or its designee under these Rules.

8.3.4 Medical Labeling

8.3.4.1 No person on association grounds where horses are lodged or kept, excluding veterinarians licensed to practice veterinary medicine in the State of Delaware, shall have in or upon association grounds which that person occupies or has the right to occupy, or in that person's personal property or effects or vehicle in that person's care, custody or control, a drug, medication, chemical, foreign substance or other substance that is prohibited in a horse on a race day unless the product is labeled in accordance with this subsection.

8.3.4.2 Any drug or medication which is used or kept on association grounds and which, by federal or Delaware law, requires a prescription must have been validly prescribed by a veterinarian licensed to practice veterinary medicine in the State of Delaware, and in compliance with the applicable federal and state statutes. All such allowable medications must have a prescription label which is securely attached and clearly ascribed to show the following:

8.3.4.2.1 The name of the product;

8.3.4.2.2 The name, address and telephone number of the veterinarian prescribing or dispensing the product;

8.3.4.2.3 The name of each patient (horse) for whom the product is intended/prescribed;

8.3.4.2.4 The dose, dosage, duration of treatment and expiration date of the prescribed/dispensed product; and

8.3.4.2.5 The name of the person (trainer) to whom the product was dispensed.

8.3.5 Furosemide (Salix) and Aminocaproic Acid (Amicar)

8.3.5.1 General. Furosemide (Salix) and Aminocaproic Acid (Amicar) may be administered intravenously to a horse on the grounds of the association at which it is entered to compete in a race. Furosemide or Furosemide with Aminocaproic Acid shall be permitted only after the Commission veterinarian has placed the horse on the Bleeder List or to facilitate the collection of a post-race urine sample.

8.3.5.2 Method of Administration. Furosemide or Furosemide with Aminocaproic Acid shall be administered intravenously (IV) by the licensed bleeder medication veterinarian, unless he determines that a horse cannot receive an intravenous administration of Furosemide or Furosemide with Aminocaproic Acid. Permission for an intramuscular (IM) administration must be authorized by the presiding judge or his representative; provided, however, that once Furosemide or Furosemide with Aminocaproic Acid is administered intramuscularly, the horse shall remain in a testing area under the supervision of a Commission representative until it races. IM administration can only be given if the horse has exhibited negative reactions to IV administration within this jurisdiction as witnessed by a Commission veterinarian or bleeder medication veterinarian. If a horse who has received IM administration in this jurisdiction subsequently receives IV administration in another jurisdiction, then that horse can no longer receive IM administration in this jurisdiction. A trainer’s representative must be present for IM administration, and attend the horse until moved to the paddock stall.

8.3.5.3 Dosage. Aminocaproic Acid shall be administered to a horse on the Bleeder List only by the licensed bleeder medication veterinarian, who will administer not more than 7.5 grams or less than 2.5 grams intravenously. Furosemide shall be administered to horses on the Bleeder List only by the licensed bleeder medication veterinarian, who will administer not more than 500 milligrams nor less than 100 milligrams, subject to the following conditions:

8.3.5.3.1 Not more than 750 milligrams may be administered if (1) the Commission veterinarian grants permission for a dosage greater than 500 milligrams, and (2) after the administration of such greater dosage, the horse remains in a detention area under the supervision of a Commission representative until it races; and

8.3.5.3.2 The dosage administered may not vary by more than 250 milligrams from race to race without the permission of the Commission veterinarian.

8.3.5.4 Timing of Administration. Horses must be presented at their assigned stalls in the paddock for Aminocaproic Acid treatment. Aminocaproic Acid will be administered not more than 90 minutes (1 1/2 hours) and not less than 60 minutes (1 hour) prior to post time of their respective races and must be treated prior to going on the track the first time. Failure to meet this time frame will result in scratching the horse and the trainer may be fined. Horses must be presented at the Furosemide stall in the paddock, and the Furosemide administered, not more than 3 hours and 30 minutes (3-1/2 hours) nor less than 3 hours (3 hours) prior to post time of their respective races. Failure to meet this time frame will result in scratching the horse, and the trainer may be fined.

8.3.5.5 Veterinary Charges. It is the responsibility of the owner or trainer, prior to the administration of the medication, to pay the licensed bleeder medication veterinarian at the rate approved by the Commission. No credit shall be given without approval of the bleeder medication veterinarian.

8.3.5.6 Restrictions. No one except a veterinarian or veterinary technician shall possess equipment or any substance for injectable administration in any area under the jurisdiction of the Commission, and no horse is to receive furosemide in oral form.

8.3.5.7 Post-Race Quantification. The presence of Aminocaproic Acid in a horse following the running of the race in which it was not declared or reported, may result in the disqualification of the horse or other sanctions being imposed upon the trainer and the administering veterinarian.

Conversely, the absence of a bleeder medication following the running of a race, which was declared and reported may result in the disqualification of the horse and other sanctions being imposed upon the trainer and the bleeder medication veterinarian

8.3.5.7.1 As indicated by post-race quantification, a horse may not carry in its body at the time of the running of the race more than 100 nanograms of Furosemide per milliliter of plasma in conjunction with a urine that has a specific gravity of less than 1.01, unless the dosage of Furosemide:

8.3.5.7.1.1 Was administered intramuscularly as provided in subsection 8.3.5.2; or

8.3.5.7.1.2 Exceeded 500 milligrams as provided in subsection 8.3.5.3.1.

8.3.5.7.2 If post-race quantification indicates that a horse carried in its body at the time of the running of the race more than 100 nanograms of furosemide per milliliter of plasma in conjunction with a urine that has a specific gravity of less than 1.01, and provided that the dosage of furosemide was not administered intramuscularly as provided in subsection 8.3.5.2 or exceeded 500 milligrams as provided in subsection 8.3.5.3.1, then a penalty shall be imposed as follows:

8.3.5.7.2.1 If such overage is the first violation of this rule within a 12-month period: Up to a $250 fine and loss of purse.

8.3.5.7.2.2 If such overage is the second violation of this rule within a 12-month period: Up to a $1,000 fine and loss of purse.

8.3.5.7.2.3 If such overage is the third violation of this rule within a 12-month period: Up to a $1,000 fine and up to a 15-day suspension and loss of purse.

8.3.5.7.2.4 If in the opinion of the official chemist any such overage caused interference with testing procedures, then for each such overage a penalty of up to a $1,000 fine and a suspension of from 15 to 50 days may be imposed.

8.3.5.8 Reports

8.3.5.8.1 The bleeder medication veterinarian or veterinary technician who administers Aminocaproic Acid or Furosemide or Furosemide with Aminocaproic Acid to a horse scheduled to race shall prepare a written certification indicating the time, dosage and method of administration.

8.3.5.8.2 The written certification shall be delivered to a Commission representative designated by the judges within 1 hour of the last scheduled race for that day.

8.3.5.9 Bleeder List

8.3.5.9.1 The bleeder medication veterinarian shall maintain a Bleeder List of all horses which have demonstrated external evidence of exercise induced pulmonary hemorrhage (EIPH) or the existence of hemorrhage in the trachea post exercise upon:

8.3.5.9.1.1 Visual examination wherein blood is noted in one or both nostrils either:

8.3.5.9.1.1.1 During a race;

8.3.5.9.1.1.2 Immediately post-race or post-exercise on track; or

8.3.5.9.1.1.3 Within 1 hour post-race or post-exercise in paddock and/or stable area, confirmed by endoscopic examination; or

8.3.5.9.1.2 Endoscopic examination, which may be requested by the owner or trainer who feels his horse is a bleeder. Such endoscopic examination must be done by a veterinarian licensed to practice veterinary medicine in the State of Delaware, at the owner's or trainer's expense. Such an examination shall take place within 1 hour post-race or post-exercise; or

8.3.5.9.1.3 Presentation to the Commission veterinarian, at least 48 hours prior to racing, of a current Bleeder Certificate from a commission or commission licensed bleeder medication veterinarian from any other jurisdiction, which show the date, place and method -- visual or endoscopy -- by which the horse was determined to have bled, or which attests that the horse is a known bleeder and receives bleeder medication in that jurisdiction, provided that such jurisdiction's criteria for the identification of bleeders are satisfactory to the Commission veterinarian.

8.3.5.9.2 The confirmation of a bleeder horse must be certified in writing by the Commission veterinarian and entered on the Bleeder List. Copies of the certification shall be issued to the owner of the horse or the owner's designee upon request. A copy of the bleeder certificate shall be attached to the horse's eligibility certificate.

8.3.5.9.3 Every confirmed bleeder, regardless of age, shall be placed on the Bleeder List, and furosemide or Furosemide with Aminocaproic Acid, if applicable must be administered to the horse in accordance with these rules prior to every race, including qualifying races, in which the horse starts.

8.3.5.9.4 A horse which bleeds (EPIH) based on the criteria set forth in subsection 8.3.5.9.1 above shall be restricted from racing at any facility under the jurisdiction of the Commission, as follows:

8.3.5.9.4.1 1st time - 6 days suspension from racing;

8.3.5.9.4.2 2nd time within 365 day period - the horse must serve a 30 day(s) suspension from racing, provided that the horse must be added to or remain on the Bleeder List, and must complete a satisfactory qualifying race before resuming racing, after the mandatory 30-day rest period; after 365 days without another incident of EPIH all horses revert back to a first time bleeder status;

8.3.5.9.4.3 3rd time within 365 day period - the horse must serve a 30 day(s) suspension from racing, and the horse shall be added to the Steward's List, to be removed at the discretion of the Commission veterinarian following a satisfactory qualifying race after the mandatory 30-day rest period; after 365 days without another incident of EPIH all horses revert back to a first time bleeder status and

8.3.5.9.4.4 4th time within 365 day period - barred for life.

8.3.5.9.5 An owner or trainer must notify the Commission veterinarian immediately of evidence that a horse is bleeding following exercise or racing.

8.3.5.9.6 A horse may be removed from the Bleeder List at the request of the owner or trainer. A horse may also discontinue the use of Aminocaproic Acid, provided that, once a horse discontinues the use of Aminocaproic Acid, it is prohibited from using said medication for 90 days from the date of its last administration for Aminocaproic Acid.

8.3.5.9.7 Any horse on the Bleeder List which races in a jurisdiction where it is not eligible for bleeder medication, whether such ineligibility is due to the fact that it does not qualify for bleeder medication in that jurisdiction or because bleeder medication is prohibited in that jurisdiction, shall automatically remain on the Bleeder List at the discretion of the owner or trainer, provided that such decision by the owner or trainer must be declared at the time of the first subsequent entry in Delaware, and the Furosemide and Aminocaproic Acid symbols in the program shall appropriately reflect that the horse did not receive Furosemide or Furosemide with Aminocaproic Acid its last time out. Such an election by the owner or trainer shall not preclude the chief DHRC veterinarian, or presiding judge from requiring re-qualification whenever a horse on the Bleeder List races in another jurisdiction without bleeder medication, and the integrity of the Bleeder List may be questioned.

8.3.5.9.8 Any horse on the Bleeder List which races without Furosemide or Furosemide with Aminocaproic Acid in any jurisdiction which permits the use of Furosemide or Furosemide with Aminocaproic Acid in any jurisdiction which permits the use of Lasix shall automatically be removed from the Bleeder List. In order to be restored to the Bleeder List, the horse must demonstrate EIPH in accordance with the criteria set forth in subsection 8.3.5.9.1. If the horse does demonstrate EIPH and is restored to the Bleeder List, the horse shall be suspended from racing in accordance with the provisions of subsection 8.3.5.9.4.

8.3.5.9.9 The presiding judge, in consultation with the Commission veterinarian, will rule on any questions relating to the Bleeder List.

8.3.5.10 Medication Program Entries. It is the responsibility of the trainer at the time of entry of a horse to provide the racing secretary with the bleeder medication status of the horse on the entry blank, and also to provide the Commission veterinarian with a bleeder certificate, if the horse previously raced out-of-state on bleeder medication.

8.3.6 Phenylbutazone (Bute)

8.3.6.1 General

8.3.6.1.1 Phenylbutazone or oxyphenbutazone may be administered to horses in such dosage amount that the official test sample shall contain not more than 2.5 micrograms per milliliter of blood plasma.

8.3.6.1.2 If post-race quantification indicates that a horse carried in its body at the time of the running of the race more than 2.0 but not more than 2.6 micrograms per milliliter of blood plasma of phenylbutazone or oxyphenbutazone, then warnings shall be issued to the trainer.

8.3.6.1.3 If post-race quantification indicates that a horse carried in its body at the time of the running of the race more than 2.6 micrograms per milliliter of blood plasma of phenylbutazone or oxyphenbutazone, then a penalty shall be imposed as follows:

8.3.6.1.3.1 For an average between 2.6 and less than 5.0 micrograms per milliliter:

8.3.6.1.3.1.1 If such overage is the first violation of this rule within a 12-month period: Up to a $250 fine and loss of purse.

8.3.6.1.3.1.2 If such overage is the second violation of this rule within a 12-month period: Up to a $1,000 fine and loss of purse.

8.3.6.1.3.1.3 If such overage is the third violation of this rule within a 12-month period: Up to a $1,000 fine and up to a 15-day suspension and loss of purse.

8.3.6.1.3.1.4 For an overage of 5.0 micrograms or more per milliliter: Up to a $1,000 fine and up to a 5-day suspension and loss of purse.

8.3.6.1.4 If post-race quantification indicates that a horse carried in its body at the time of the running of the race any quantity of phenylbutazone or oxyphenbutazone, and also carried in its body at the time of the running of the race any quantity of any other non-steroidal anti-inflammatory drug, including but not limited to naproxen, flunixin and meclofenamic acid, then such presence of phenylbutazone or oxyphenbutazone, shall constitute a violation of this rule and shall be subject to a penalty of up to a $1,000 fine and up to a 50-day suspension and loss of purse.

8.3.7 Anabolic/Androgenic Steroids

8.3.7.1 With respect to nandrolone, boldenone, stanozolol and testosterone in fillies, mares, and geldings (testosterone and nandrolone in stud horse samples are treated separately in 8.3.7.2):

8.3.7.1.1 Any test result at plasma concentrations below 100 picograms per milliliter will be considered a negative test.

8.3.7.1.2 Any test result at plasma concentration levels at or above 100 picograms per milliter will be considered a positive test result and subject to sanctions as described in subsection 8.3.7.3.

8.3.7.2 With respect to nandrolone and testosterone levels determined in intact male horses:

8.3.7.2.1 Nandrolone

8.3.7.2.1.1 Any test result at plasma concentrations below 500 picograms per milliliter will be considered a negative test.

8.3.7.2.1.2 Any test result at and above plasma concentrations of 500 picograms per milliliter will be considered a positive test and subject to sanctions as described in subsection 8.3.7.3.

8.3.7.2.2 Testosterone

8.3.7.2.2.1 Any test result at plasma concentrations below 2000 picograms per milliliter will be considered a negative test.

8.3.7.2.2.2 Any test result at and above plasma concentrations of 2000 picograms per milliliter will be considered a positive test and subject to sanctions as described in subsection 8.3.7.3.

8.3.7.3 Sanctions

8.3.7.3.1 First Offense: The horse will be placed on the Vet’s List and cannot race again until it tests below 100 picograms for Boldenone, Stanozolol, Nandrolone and Testosterone in fillies, mares and geldings and 2000 picograms for Testosterone and 500 picograms for Nandrolone in intact males. Any and all purse money is forfeited. The trainer is notified for a hearing and a fine not to exceed $1,500 and 15 days full suspension will be assessed absent mitigating circumstances.

8.3.7.3.2 Second Offense: All sanctions for First Offense, plus trainer may be fined not in excess of $2,500 and subject to 30 days full suspension absent mitigating factors.

8.3.7.3.3 Third Offense: All sanctions for First Offense, plus trainer may be fined $10,000 or up to the amount of the purse of the race and subject to revocation of their DHRC License absent mitigating factors.

8.3.7.3.4 Should a horse be claimed from a race where positive findings are confirmed, the claimant has the right to void the claim.

8.4 Testing

8.4.1 Reporting to the Test Barn

8.4.1.1 Horses shall be selected for pre-racing or post-racing testing according to the following protocol:

8.4.1.1.1 At least 1 horse in each race, selected by the judges from among the horses finishing in the first 4 positions in each race, shall be tested.

8.4.1.1.2 Horses selected for testing shall be taken to the testing area to have a blood, urine or other specimen sample taken at the direction of the Commission veterinarian.

8.4.1.2 Random or for cause testing may be required by the Commission, at any time on any horse that has been entered to race at a Commission licensed association.

8.4.1.3 Unless otherwise directed by the Board of Judges or the Commission veterinarian, a horse that is selected for testing must be taken directly to the test barn or testing area.

8.4.1.4 Trainers shall fully comply with the instructions of the Commission, which may include, but not be limited to the following: trainers shall present their horses for testing at the specified time and place mandated by the Commission. Testing procedures may be performed on the grounds of any Commission licensed association, at the trainer’s training facility, or any other location under Commission jurisdiction. Failure to comply shall result in the horse being scratched, and shall be considered a violation equivalent to a Class 1 positive.

8.4.2 Sample Collection

8.4.2.1 Sample collection shall be done in accordance with the RCI Drug Testing and Quality Assurance Program External Chain of Custody Guidelines, or other guidelines and instructions provided by the Commission veterinarian.

8.4.2.2 The Commission veterinarian shall determine a minimum sample requirement for the primary testing laboratory. A primary testing laboratory must be approved by the Commission.

8.4.3 Procedure for Taking Specimens

8.4.3.1 Horses from which specimens are to be drawn shall be taken to the detention area at the prescribed time and remain there until released by the Commission veterinarian or veterinary technician. Only the owner, trainer or groom of horses to be tested shall be admitted to the detention area without permission of the Commission veterinarian.

8.4.3.2 Stable equipment other than equipment necessary for washing and cooling out a horse shall be prohibited in the detention area.

8.4.3.2.1 Buckets and water shall be furnished by the Commission veterinarian.

8.4.3.2.2 If a body brace is to be used, it shall be supplied by the responsible trainer and administered only with the permission and in the presence of the Commission veterinarian.

8.4.3.2.3 A veterinarian licensed to practice veterinary medicine in the State of Delaware shall attend a horse in the detention area only in the presence of the Commission veterinarian.

8.4.3.3 One of the following persons shall be present and witness the taking of the specimen from a horse and so signify in writing:

8.4.3.3.1 The owner;

8.4.3.3.2 The responsible trainer who, in the case of a claimed horse, shall be the person in whose name the horse raced; or

8.4.3.3.3 A stable representative designated by such owner or trainer.

8.4.3.4 Sample Containers/Receptacles.

8.4.3.4.1 All urine containers shall be supplied by the Commission laboratory and shall be sealed with the laboratory security seal which shall not be broken, except in the presence of the witness as provided by subsection 8.4.3.3 of this section.

8.4.3.4.2 Blood sample receptacles will also be supplied by the Commission laboratory in sealed packages as received from the manufacturer.

8.4.3.5 Samples taken from a horse, by the Commission veterinarian or his assistant at the detention barn, shall be collected and in double containers and designated as the “primary” and “secondary” samples.

8.4.3.5.1 These samples shall be sealed with tamper-proof tape and bear a portion of the multiple part “identification tag” that has identical printed numbers only. The other portion of the tag bearing the same printed identification number shall be detached in the presence of the witness.

8.4.3.5.2 The Commission veterinarian or veterinary technician shall:

8.4.3.5.2.1 Identify the horse from which the specimen was taken.

8.4.3.5.2.2 Document the race and day, verified by the witness; and

8.4.3.5.2.3 Shall comply with all identification protocols and ensure delivery of the appropriate sample identification paperwork to the judges.

8.4.3.5.3 After both portions of samples have been identified in accordance with this section, the “primary” sample shall be delivered to the official chemist designated by the Commission.

8.4.3.5.4 The “secondary” sample shall remain in the custody of the Commission veterinarian at the detention area and urine samples shall be frozen and blood samples refrigerated in a locked refrigerator/freezer.

8.4.3.5.5 The Commission veterinarian shall take every precaution to ensure that neither the Commission chemist nor any member of the laboratory staff shall know the identity of the horse from which a specimen was taken prior to the completion of all testing.

8.4.3.5.6 When the Commission chemist has reported that the “primary” sample delivered contains no prohibited drug, the “secondary” sample shall be properly disposed.

8.4.3.5.7 If 100 milliliters or less of urine is obtained, it will not be split, but will be considered the “primary” sample and will be tested as other “primary” samples.

8.4.3.5.8 Two blood samples shall be collected in sample receptacles approved by the Commission, one for the “primary” and one for the “secondary” sample.

8.4.3.5.9 In the event of an initial finding of a prohibited substance or in violation of these Rules and Regulations, the Commission chemist shall notify the Commission, both orally and in writing, and an oral or written notice shall be issued by the Commission to the owner and trainer or other responsible person no more than 24 hours after the receipt of the initial finding, unless extenuating circumstances require a longer period, in which case the Commission shall provide notice as soon as possible in order to allow for testing of the “secondary” sample; provided, however, that with respect to a finding of a prohibited level of total carbon dioxide in a blood sample, there shall be no right to testing of the “secondary sample” unless such finding initially is made at the racetrack on the same day that the tested horse raced, and in every such circumstance a “secondary sample” shall be transported to the Commission laboratory on an anonymous basis for confirmatory testing.

8.4.3.5.9.1 If testing of the “secondary” sample is desired, the owner, trainer, or other responsible person shall so notify the Commission in writing within 48 hours after notification of the initial positive test or within a reasonable period of time established by the Commission after consultation with the Commission chemist. The reasonable period is to be calculated to insure the integrity of the sample and the preservation of the alleged illegal substance.

8.4.3.5.9.2 Testing of the “secondary” samples shall be performed at a referee laboratory selected by representatives of the owner, trainer, or other responsible person from a list of not less than 2 laboratories approved by the Commission.

8.4.3.5.10 The Commission shall bear the responsibility of preparing and shipping the sample, and the cost of preparation, shipping, and testing at the referee laboratory shall be assumed by the person requesting the testing, whether it be the owner, trainer, or other person charged.

8.4.3.5.10.1 A Commission representative and the owner, trainer, or other responsible person or a representative of the persons notified under these Rules and Regulations may be present at the time of the opening, repackaging, and testing of the “secondary” sample to ensure its identity and that the testing is satisfactorily performed.

8.4.3.5.10.2 The referee laboratory shall be informed of the initial findings of the Commission chemist prior to making the test.

8.4.3.5.10.3 If the finding of the referee laboratory is proven to be of sufficient reliability and does not confirm the finding of the initial test performed by the Commission chemist and in the absence of other independent proof of the administration of a prohibited drug of the horse in question, it shall be concluded that there is insubstantial evidence upon which to charge anyone with a violation.

8.4.3.5.11 The Commission veterinarian shall be responsible for safeguarding all specimens while in his possession and shall cause the specimens to be delivered only to the Commission chemist as soon as possible after sealing, in a manner so as not to reveal the identity of a horse from which the sample was taken.

8.4.3.5.12 If an Act of God, power failure, accident, strike or other action beyond the control of the Commission occurs, the results of the primary official test shall be accepted as prima facie evidence.

8.5 Trainer Responsibility. The purpose of this subsection is to identify responsibilities of the trainer that pertain specifically to the health and well-being of horses in his care.

8.5.1 The trainer is responsible for the condition of horses entered in an official workout or race and is responsible for the presence of any prohibited drug, medication or other substance, including permitted medication in excess of the maximum allowable level, in such horses. A positive test for a prohibited drug, medication or substance, including permitted medication in excess of the maximum allowable level, as reported by a Commission‑approved laboratory, is prima facie evidence of a violation of this regulation. In the absence of substantial evidence to the contrary, the trainer shall be responsible. Whenever a trainer of a horse names a substitute trainer for program purposes due to his inability to be in attendance with the horse on the day of the race, or for any other reason, the principal trainer shall be responsible for the condition of the horse should the horse test positive and the substitute trainer may also be held responsible as mitigating and aggravating circumstances are considered; provided further that, except as otherwise provided herein, the trainer of record (programmed trainer) shall be any individual who receives any compensation for training the horse.

8.5.2 A trainer shall prevent the administration of any drug or medication or other foreign substance that may cause a violation of these rules.

8.5.3 A trainer whose horse has been claimed remains responsible for any violation of rules regarding that horse's participation in the race in which the horse is claimed.

8.5.4 The trainer is responsible for:

8.5.4.1 Maintaining the assigned paddock area in a clean, neat and sanitary condition at all times;

8.5.4.2 Using the services of those veterinarians licensed by the Commission to attend horses that are on grounds under the jurisdiction of the Commission;

8.5.5 Additionally, with respect to horses in his care or custody, the trainer is responsible for:

8.5.5.1 The proper identity, custody, care, health, condition and safety of horses;

8.5.5.2 Ensuring that at the time of arrival at locations under the jurisdiction of the Commission a valid health certificate and a valid negative Equine Infectious Anemia (EIA) test certificate accompany each horse and which, where applicable, shall be filed with the racing secretary;

8.5.5.3 Having each horse in his care that is racing, or is stabled on association grounds, tested for Equine Infectious Anemia (EIA) in accordance with state law and for filing evidence of such negative test results with the racing secretary;

8.5.5.4 Using the services of those veterinarians licensed by the Commission to attend horses that are on grounds under the jurisdiction of the DHCA;

8.5.5.5 Immediately reporting the alteration of the sex of a horse to the Program/Charter coordinator, and the United States Trotting Association;

8.5.5.6 Promptly reporting to the Program/Charter coordinator and the Commission veterinarian when a posterior digital neurectomy (heel nerving) has been performed and ensuring that such fact is designated on its certificate of registration;

8.5.5.7 Promptly notifying the Commission veterinarian of any reportable disease and any unusual incidence of a communicable illness in any horse in his charge;

8.5.5.8 Promptly reporting the serious injury and/or death of any horse at locations under the jurisdiction of the Commission to a Commission veterinarian, the DHRC Administrator, and the United States Trotting Association;

8.5.5.9 Maintaining a knowledge of the medication record and status;

8.5.5.10 Immediately reporting to the Board of Judges and the Commission veterinarian knowledge or reason to believe, that there has been any administration of a prohibited medication, drug or substance;

8.5.5.11 Ensuring the fitness to perform creditably at the distance entered and promptly requesting a scratch from Board of Judges if an entered horse becomes unfit to race (sick, lame, injured or deceased);

8.5.5.12 Ensuring that every horse he has entered to race is present at its assigned stall for a pre‑race soundness inspection as prescribed in this chapter;

8.5.5.13 Ensuring proper bandages, equipment and shoes;

8.5.5.14 Presence in the paddock at least one hour before post time or at a time otherwise appointed before the race in which the horse is entered;

8.5.5.15 Personally attending in the paddock and supervising the harnessing thereof, unless excused by the Paddock Judge;

8.5.5.16 Attending the collection of a urine or blood sample or delegating a licensed employee or the owner to do so; and

8.5.5.17 Immediately reporting to the Administrator of Racing and to the Commission veterinarian, the death of any horse drawn in to race in this jurisdiction provided that the death occurred within 60 days of the date of the draw. Reports must be received as soon as practically possible and horses may not be disposed of until clearance is given by the Administrator of Racing or a Commission veterinarian. Trainers should check Commission’s website for appropriate contact information.

8.6 Physical Inspection of Horses

8.6.1 Veterinarian's List

8.6.1.1 The Commission veterinarian shall maintain a list of all horses which are determined to be unfit to compete in a race due to physical distress, unsoundness, infirmity or medical condition.

8.6.1.2 A horse may be removed from the Veterinarian's List when, in the opinion of the Commission Veterinarian, the horse has satisfactorily recovered the capability of competing in a race.

8.6.1.3 A horse may be placed on the Veterinarian’s List by the Commission veterinarian for a prescribed number of days and then be allowed to race after those days have elapsed.

8.6.2 Postmortem Examination

8.6.2.1 The Commission may conduct a postmortem examination of any horse that is injured in this jurisdiction while in training or in competition and that subsequently expires or is euthanized. In proceeding with a postmortem examination the Commission or its designee shall coordinate with the trainer and/or owner to determine and address any insurance requirements.

8.6.2.2 The Commission may conduct a postmortem examination of any horse that expires while housed at recognized training facilities within this jurisdiction. Trainers and owners shall be required to comply with such action as a condition of licensure.

8.6.2.3 The Commission will conduct postmortem examinations of any horse which expires while located on grounds under the jurisdiction of the Commission. Trainers and owners shall be required to comply with such action as a condition of licensure.

8.6.2.4 The Commission may take possession of the horse upon death for postmortem examination. The Commission may submit blood, urine, other bodily fluid specimens or other tissue specimens collected during a postmortem examination for testing by the Commission‑selected laboratory or its designee. Upon completion of the postmortem examination, the carcass may be returned to the owner or disposed of at the owner's option.

8.6.2.5 The Commission may conduct mandatory post mortem conferences with trainers upon receipt of post mortem examination results. Trainers must attend, and owners may attend, such conferences, which will be called and facilitated by the Commission veterinarian. The Presiding Judge and the Administrator of Racing (and other Commission staff as determined necessary by the Commission veterinarians) may attend.

8.6.2.6 The presence of a prohibited substance in a horse, found by the official laboratory or its designee in a bodily fluid specimen collected during the postmortem examination of a horse, which breaks down during a race constitutes a violation of these rules.

8.6.2.7 The cost of Commission‑ordered postmortem examinations, testing and disposal shall be borne by the Commission.

8.7 Prohibited Practices

8.7.1 The following conduct shall be prohibited for all licensees:

8.7.1.1 The possession or use of a drug, substance, or medication, specified below for which a recognized analytical method has been developed to detect and confirm the administration of such substance including but not limited to erythropoietin, darbepoietin, and perfluorcarbon emulsions; or the use of which may endanger the health and welfare of the horse or endanger the safety of the driver; or the use of which may adversely affect the integrity of racing.

8.7.1.2 The possession or use of a drug, substance, or medication that has not been approved by the United States Food and Drug Administration (FDA) for use in the United States.

8.7.1.3 The possession or use of Blood Doping Agents including but not limited to: EPO, DPO, Oxyglobin, Hemopure or any other substance that abnormally enhances the oxygenation of equine body tissue is considered a prohibited practice that endangers the health and welfare of a horse or the safety and welfare of a driver.

8.7.2 Testing

8.7.2.1 Horses may be tested for EPO, DPO, Oxyglobin, Hemopure or any other substance that abnormally enhances the oxygenation of equine body tissue as follows:

8.7.2.1.1 Once a horse is entered to race;

8.7.2.1.2 Any horse that was entered or raced within 60 days of entry or race;

8.7.2.1.3 Any horse showing the presence of EPO, DPO or like antibodies;

8.7.2.1.4 Any horse in the care, custody and control of a trainer having a horse that has tested positive for EPO, DPO and like substances through a screening test;

8.7.2.1.5 Any horse that expires; consistent with subsections 8.6.2.1-8.6.2.5.

8.7.2.2 Two blood samples shall be collected in DHRC approved sample receptacles; one is the primary sample; and the other is the secondary sample.

8.7.2.3 In the event that the presence of EPO, DPO or any EPO analogues is determined to be present in a primary sample, the primary sample shall be sent to a DHRC approved laboratory for a confirmation test.

8.7.2.4 The trainer or owner of any horse that tests positive for the confirmed presence of EPO, DPO, Oxyglobin, Hemopure or any other substance that abnormally enhances the oxygenation of equine body tissue has the right to request a testing of the secondary sample consistent with subsections 8.4.3.5.10 - 8.4.3.5.13.

8.7.2.5 Upon positive notification from the confirmatory laboratory of the primary sample, if uncontested by the trainer; or notification of confirmation in the secondary sample, the trainer shall be summarily suspended and any/all horses entered, by the trainer, to race shall be scratched. Notice of a hearing shall be delivered to the trainer within 24 hours.

8.7.2.6 Any of the following penalties and disciplinary measures may be imposed for the confirmed presence of EPO, DPO, Oxyglobin, Hemopure or any other substance that abnormally enhances the oxygenation of equine body tissue:

8.7.2.6.1 In the absence of extraordinary circumstances:

8.7.2.6.1.1 A minimum penalty of $10,000;

8.7.2.6.1.2 A 10 year suspension;

8.7.2.6.1.3 Forfeiture of the purse money and assessment for cost of the drug testing.

8.7.2.6.2 The Board of Judges may consider possible violations including, but not limited to subsections 5.1.7 and 5.1.16.1.10.

8.8 Prohibited Substances Protests; Testing

8.8.1 Protest-Request for Super Test

8.8.1.1 If a licensed owner, trainer, driver, or claimant has a reasonable belief that a competing or claimed horse has, or may have an unfair competitive advantage due to a violation of the Commission Rules, that owner, trainer, driver, or claimant may file a "Prohibited Substances Protest" with the Commission.

8.8.1.2 A "Prohibited Substances Protest" empowers the owner, trainer, driver, or claimant to request that any horse or horses he competes against or claims in a specified race have a blood and urine sample collected and then tested at an official Association of Racing Commissioners International (ARCI) approved laboratory of his choice. The designated laboratory shall employ state-of-the-art testing methods when testing these protested samples, which shall include, but not be limited to, Enzyme-Linked Immunosorbent Assay (ELISA), Thin Layer Chromatography (TLC), Gas Chromatography Mass Spectrometry (GCM-S), Liquid Chromatography Mass Spectrometry (LCMSMS), and Total Carbon Dioxide (TCO2) tests.

8.8.1.3 The owner, trainer, driver, or claimant must file a verbal protest with either the starter or paddock judge before the race has been made official. The starter or paddock judge must notify the presiding judge immediately, who shall order a veterinary assistant to escort and remain with the horse in accordance with established policy for obtaining a blood and urine sample. Within 15 minutes after the official sign has been posted for the race in which the protested horse competed, the protesting party shall file a written protest with the paddock judge and post a deposit of $1,000 which shall be used to offset the following costs:

8.8.1.3.1 The collection of sufficient blood and urine samples, including the costs of the Commission veterinary assistant and Commission veterinarian and all necessary collection apparatus;

8.8.1.3.2 The packing of and transportation of these samples by bonded courier to the selected laboratory; and

8.8.1.3.3 All costs incurred by the state-of-the-art testing methods employed by the ARCI laboratory.

8.8.1.4 In the event the costs exceed the $1,000 deposit, the protesting party shall be required to post additional monies to cover such costs.

8.8.1.5 The owner or trainer of the protested horse shall have the right to be present during the collection, packaging and shipping of these test samples.

8.8.1.6 Upon completion of all testing, the laboratory shall notify the Commission of the results. The Commission shall immediately notify the trainer of the protested horse as well as the protesting party of these test results.

8.8.1.7 If the test results substantiate a violation of the Commission rules in effect on the date of the race, the trainer of the tested horse shall be afforded the same rights every trainer receives when charged with any rules violation. This shall include the right to request a split sample test at a designated ARCI laboratory that has agreed to accept split samples from the Commission.

8.8.1.8 Penalties shall be assessed in accordance with the Commission penalty recommendations for a violation of the rules in effect on the date of the race. In no case, however, shall the penalty imposed for a medication violation be less than a $500 fine. If the test results substantiate the presence of antibodies to erythropoietin (EPO), darbepoietin, or any EPO analogues, in addition to any DHRC penalties, the horse shall immediately be placed on the Steward's List and shall not be permitted to enter a race until the horse tests negative for the presence of EPO, darbepoietin, or any EPO analogue antibodies previously detected. All testing must be performed by the DHRC official lab.

8.8.1.9 If the test results substantiate a violation of the Commission rules in effect on the date of the race, a successful claimant may void the claim in accordance with Commission Rules.

8.8.1.10 Any monies remaining from the protest deposit after costs shall be returned to the protesting party even if a violation of the Commission Rules is not detected. If a violation is detected, costs shall be assessed against the trainer of the protested horse and the Commission shall reimburse the protesting party upon receipt thereof.

8.8.1.11 The owner, trainer, driver, or claimant who files a Prohibited Substances Protest pursuant to this Section shall be immune from civil liability for filing the protest.

8.8.2 Routine Post Race Testing

8.8.2.1 Routine Post Race Testing shall include but not be limited to screening for antibodies to erythropoietin (EPO), darbepoietin, or any EPO analogues.

8.8.2.2 Any claimed horse not otherwise selected for testing by the racing officials shall be tested if requested by the claimant at the time the claim form is submitted in accordance with the Commission Rules.

8.8.2.3 The successful claimant shall have the right to void the claim should the forensic analysis be positive for any prohibited substance, illegal level of a permitted medication, or presence of antibodies to erythropoietin (EPO), darbepoietin, or any EPO analogues.

8.8.2.4 If the test results substantiate the presence of antibodies to erythropoietin (EPO), darbepoietin, or any EPO analogues, in addition to assessing penalties in accordance with the DHRC rules, the horse shall immediately be placed on the steward's list and shall not be permitted to enter a race until the horse tests negative for the presence of EPO, darbepoietin, or any EPO analogue antibodies previously detected and said horse is removed from the Steward's List. All testing must be performed by the DHRC official lab.

8.8.3 This Rule enacts the provisions of 74 Del. Laws c. 236 (2004) which amended 28 Del.C. §706 in its entirety, and this Rule shall apply in the event these provisions conflict with or are otherwise inconsistent with any other Commission Rule.

8.9 Prerace Testing by Blood Gas Analyzer or Similar Equipment

8.9.1 Notwithstanding any other provisions of these regulations to the contrary, the Commission may conduct prerace and postrace testing with the use of any accepted, reliable testing instrument, including but not limited to a blood gas analyzer for measuring excess carbon dioxide in blood samples.

8.9.2 The presiding judge shall announce the selected races or horses for testing and the appropriate time and location.

8.9.3 All horses shall be brought to the paddock or other secure, designated area for the prerace testing before its first warm up, based on the Commission published paddock times.

8.9.4 Each horse entered to compete in the racing program shall be present in his designated paddock stall with a groom for the purpose of having a blood sample drawn by the Commission veterinarian or veterinary technician.

8.9.5 The order and number of horses which shall have blood drawn for prerace testing shall be at the discretion of the Commission and the presiding judge.

8.9.6 The Commission veterinarian will be responsible to verify with the testing machine technician that the blood gas analyzer test is completed for the specific horse in question. The Commission veterinarian or his designee will inform the trainer or groom if their horse will be retested or can be given permission to leave the paddock.

8.9.7 Refusal. Failure or refusal by a licensee to present a selected horse under his care, custody, or control for blood gas analyzer testing, or who refuses in any other way, shall result in an automatic scratch of the horse from the racing program, and any other appropriate disciplinary action in the discretion of the judges. The Commission veterinarian or veterinary technician shall document the name of the trainer or person who refuses to have blood drawn from the horse, and shall file a report with the Commission.

8.9.8 Exercise Prior to Testing. In the event that the horse has exercised prior to testing and the horse tests below the Commission standard for a high blood gas test, the horse can be retested upon the discretion of the Administrator of Racing or presiding judge, or tested post race.

8.9.9 Post Race Testing. The blood gas analyzer machine or similar testing equipment may be used for the post-race blood gas testing on selected horses. The collection of samples will be pursuant to subsection 8.4.3 and testing of split samples will be pursuant to subsection 8.4.3.5.10.

8.9.10 The Commission veterinarian will provide documentation reflecting the tattoo or name of the horse from which the blood was drawn, the date and time the blood was drawn, and any other identifying information.

8.9.11 Trainer Observation of Testing. The trainer or other designated representative is permitted to observe the testing procedure, but not to question the technician or otherwise disrupt the testing.

8.9.12 The presiding judge, Commission veterinarian, and blood gas technician will ensure that the blood gas analyzer or other testing equipment is calibrated in compliance with the recommended calibration and maintenance procedures for the machine, and that the testing machine is in proper working order.

8.9.13 In addition to the provisions of subsection 8.3 and unless otherwise permitted by these regulations, no foreign substance shall be carried in the body of a horse when the horse is on the grounds of the licensed racetrack; it shall be a violation of this rule for a horse to test positive in a pre-race test result using a blood gas analyzer or other testing equipment.

8.9.14 The penalties for post-race positive tests contained in subsection 8.3.2, may apply to pre-race test samples that are positive for a prohibited substance.

8.9.14.1 A positive test result from a pre-race sample tested on the blood gas analyzer machine is subject to the recommended penalty in subsection 8.9.15. For pre-race testing the Commission may use a testing machine that uses the Commission standard in subsection 8.3.3.3 substances present in a horse in excess of levels at which such substances could occur naturally and such prohibited substances shall include a total carbon dioxide level of 37 mmol/L or serum in a submitted blood sample from a horse or 39 mmol/L if serum from a horse which has been administered furosemide in compliance with these rules.

8.9.14.2 The Commission may alternatively use a testing machine that measures carbon dioxide levels in pre-race samples using a Base Excess testing protocol.

8.9.14.2.1 Under this alternative protocol, the prohibitive Base Excess concentrations are as follows: Base Excess level of 10.0 mmol/l (mEq/l) or higher for non-furosemide (Lasix) treated horses and Base Excess (BE) level of 12.0 mmol/l (mEq/l) or higher for furosemide (Lasix) treated horses. The level of uncertainty will be included before it is considered a violation of these Rules. The level of uncertainty is 0.4 mmol/l (mEq/l) and a positive test report must include this level of uncertainty. A horse must show a Base Excess (BE) level of 10.4 mmol/l (mEq/l) or higher for a non-furosemide (Lasix) treated horse and a Base Excess (BE) level of 12.4 mmol/l (mEq/l) or higher for a furosemide (Lasix) treated horse in order for a violation to be reported under this Rule.

8.9.14.2.2 A commission representative will notify the trainer or licensed designee and the primary blood sample of the horse in question shall be immediately retested. In the event that a second blood gas analyzer test is necessary, the Commission veterinarian or his designee will take a rectal temperature of said horse. The horse's temperature will be recorded on the veterinarian's control sheet. A second blood sample shall be extracted from the horse by the Commission veterinarian or veterinary technician.

8.9.14.2.3 With respect to a finding of a prohibited level of carbon dioxide in the second extraction obtained from a prerace blood gas analyzer test result, there shall be no right to testing of the second extraction by the licensee. In the event that the initial blood gas analyzer test result is confirmed by the test results of the second extraction in the designated Commission testing area at the racetrack, such test results shall be prima facie evidence that a prohibitive base excess concentration was present in the horse at the time it was scheduled to participate in a race.

8.9.15 Absent aggravating or mitigating findings of fact, the following penalties and disciplinary measures may be imposed for positive test result from a pre-race sample tested on the blood gas analyzer machine:

8.9.15.1 First offense:

8.9.15.1.1 Horse to be placed on Steward’s List for 14 days, must pass a requalifying test and requalify to compete in purse events;

8.9.15.1.2 Trainer to be assessed $1,000 fine;

8.9.15.2 Second offense within 2 years of first offense:

8.9.15.2.1 Horse to be placed on Steward’s List for 30 days, must pass a requalifying test and requalify to compete in purse events;

8.9.15.2.2 Trainer to be assessed $2,000 fine and suspended for 10 days;

8.9.15.3 Third offense within 2 years of second offense:

8.9.15.3.1 Horse to be placed on Steward’s List for 90 days, must pass a requalifying test and requalify to compete in purse events;

8.9.15.3.2 Trainer to be assessed $3,500 fine and full suspension for 150 days and license made probationary;

8.9.15.4 Fourth offense within 2 years of third offense:

8.9.15.4.1 Horse to be prohibited from racing in Delaware;

8.9.15.4.2 Trainer to be assessed $5,000 fine and full suspension for 365 days and required to reapply for licenses following completion of suspension;

8.9.15.5 In determining the appropriate penalty with respect to a positive test result from a pre-race sample tested on the blood gas analyzer machine, the presiding judge or other designee of the Commission may use his discretion in the application of the foregoing penalty recommendations, and may consult with the Commission veterinarian or the Commission chemist to determine the seriousness of the test result. Aggravating or mitigating circumstances in any case should be considered and greater or lesser penalties or disciplinary measures may be imposed than those set forth above. Specifically, if the presiding judge or other designee of the Commission determines that mitigating circumstances warrant imposition of a lesser penalty than the recommendations suggest, he may impose a lesser penalty. If the presiding judge or other designee of the Commission determines that aggravating circumstances require imposition of a greater penalty, however, he may only impose up to the maximum recommended penalty, and must refer the case to the Commission for its review, with a recommendation for specific action;

8.9.15.6 A requalifying test with respect to a particular offense shall not give rise to a subsequent offense. A trainer shall be subject to the increased penalties and disciplinary measures in subsection 8.9.15 for second, third and fourth offenses with respect to any horse trained by the trainer.

8.10 Quarantine Procedure For Carbon Dioxide Positive Tests (Prerace Or Postrace)

8.10.1 Detention/Quarantine of Horses. The owner or trainer must request use of the quarantine procedure by sending written notice to the presiding judge within 48 hours of notification of the positive carbon dioxide test report. The owner or trainer will then be permitted, totally at his own expense, to make the necessary scheduling arrangements with the judges and the Commission veterinarian. The horse in question will be quarantined on the grounds for periodic blood gas testing by the DHRC (up to 3 days) at the trainer's expense. All caretaker activities for the horse in question will be the responsibility of the horse's trainer.

8.10.2 Procedure. The owner or trainer will be responsible for providing the DHRC with a minimum check for $1,500 to cover the costs for the quarantine. A professionally trained track security officer must be with the horse at all times, and the security officer must be knowledgeable about the importance of monitoring all activity pertaining to the quarantined horse.

8.10.3 The quarantine of a horse is subject to the following mandatory requirements:

8.10.3.1 The owner or trainer will be required to deposit sufficient funds with the DHRC presiding judge to cover the costs of the quarantine of the horse. The minimum quarantine cost will be $1,500, and this figure may be higher if additional special circumstances are required for a particular horse. None of these procedures will be initiated until the Commission has in its possession a certified check or other method of payment acceptable to the Commission. The owner or trainer is responsible for all costs for the quarantine, including but not limited to, the costs of: stall bedding, daily cleaning of the stall, feed and hay, stall rent, hourly guard salary, portable toilet rental, veterinary charge, courier or shipping charges to the laboratory, laboratory analysis costs. Unused funds will be returned to the trainer.

8.10.3.2 The expected period of the quarantine will be 72 hours.

8.10.3.3 The owner or trainer is required to execute a reasonable liability waiver form if requested to do so by the track for the quarantine of the horse on track grounds.

8.10.3.4 The owner or trainer is obligated to reimburse the track if the racing association is required to purchase additional insurance to cover risks from the quarantine of the trainer's horse. The owner or trainer is also responsible for any additional costs required by the track to pad or otherwise specially equip the quarantine stall.

8.10.3.5 All activity of the quarantined horse is observed, documented, and recorded by security officers for the track and the DHRC.

8.10.3.6 The Commission will be responsible for arranging for and providing for bedding, feed, water, and daily cleaning of the stall, all of which are at the owner's expense. Feed for the horse will be purchased by DHRC officials as specified by the owner or trainer. Samples of the feed will be retained by the DHRC designated official.

8.10.3.7 Each bale of hay/straw will be intact and uncut for inspection of contraband. Four small samples of hay are to be taken from the bale of hay used to feed the animal (1 from each end of the bale of hay and 2 from the middle of the bale of hay). These samples with the ingredient tags from the bag of feed used by the horse will be retained by the DHRC designated official.

8.10.3.8 Every trainer, groom, or caretaker is subject to continuous observation and may be searched when with the horse for contraband.

8.10.3.9 Horses may be trained, but if leg paints or salves are used, they must be new and in unopened containers, and the track security officer must monitor the preparation of the horse.

8.10.3.10 A security officer must observe the horse during training and ensure that it does not leave the track except to return to the quarantine stall.

8.10.3.11 A sick horse must only be determined ill by the Commission veterinarian and the quarantine of the horse will be terminated. Any bills incurred for the quarantine of the horse prior to the illness and termination of the detention will be prorated.

8.10.3.12 Stalls for the quarantine of horses are designated by the presiding judge of the DHRC, in cooperation with the racetrack.

8.10.3.13 Trainers can restrict water based on previous pre-race preparation schedules.

8.10.3.14 Trainers are expected to train their horse in the same manner as the horse was trained on previous racing events. The horse will be equipped with all the items that it would normally carry, taken to the paddock, and handled in a manner similar to previous racing events.

8.10.3.15 Blood samples will be taken from the quarantined horse by the Commission veterinarian, as he deems appropriate and necessary during the quarantine period. A blood sample should be taken when the horse first enters the quarantine stall and again at the pre-arranged time between 60 and 72 hours. At the discretion of the Commission, another sample may be taken between the initial sample and the sample taken at the cessation of the quarantine period. Blood samples will only be taken from the horse that is at rest for a period of time approved by the Commission veterinarian. The owner or trainer or his representative must be present and witness the collection of the blood samples. Blood samples will be shipped promptly to the Commission's designated testing laboratory, pursuant to the Commission's standard chain-of-custody procedures.

8.10.3.16 At the conclusion of the quarantine period, the party requesting the quarantine will be provided timely notice of the test results from the DHRC. The trainer may present such evidence at a hearing before the Judges if he attempts to prove that the horse has a naturally high carbon dioxide level.

History

• 1 DE Reg. 501 (11/01/97)
• 2 DE Reg. 1068 (01/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 1050 (02/01/08)
• 22 DE Reg. 47 (07/01/18)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 504 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 10 DE Reg. 980 (12/01/06)
• 14 DE Reg. 894 (03/01/11)
• 1 DE Reg. 504 (11/01/97))
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1764 (04/01/99)
• 4 DE Reg. 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 1512 (05/01/04)
• 10 DE Reg. 1421 (03/01/07)
• 11 DE Reg. 308 (09/01/07)
• 14 DE Reg. 1338 (06/01/11)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 467 (12/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 1 DE Reg. 502 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 308 (09/01/07)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 502 (11/01/97)
• 5 DE Reg. 832 (10/01/01)
• 10 DE Reg. 1422 (03/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 14 DE Reg. 23 (07/01/10)
• 14 DE Reg. 894 (03/01/11)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 47 (07/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 2 DE Reg. 1241 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg. 1520 (05/01/00)
• 4 DE Reg. 1123 (01/01/01)
• 4 DE Reg. 1652 (04/01/01)
• 5 DE Reg. 1691 (03/01/02)
• 6 DE Reg. 862 (01/01/03)
• 7 DE Reg. 1512 (05/01/04)
• 11 DE Reg. 308 (09/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 666 (11/01/08)
• 16 DE Reg. 282 (09/01/12)
• 16 DE Reg. 754 (01/01/13)
• 17 DE Reg. 1060 (05/01/14)
• 21 DE Reg. 563 (01/01/18)
• 22 DE Reg. 47 (07/01/18)
• 24 DE Reg. 662 (01/01/21)
• 24 DE Reg. 942 (04/01/21)
• 1 DE Reg. 923 (01/01/98)
• 2 DE Reg. 684 (10/01/98)
• 2 DE Reg. 1764 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg 1520 (05/01/00)
• 4 DE Reg 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 42 (07/01/03)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 1074 (02/01/09)
• 13 DE Reg. 841 (12/01/09)
• 14 DE Reg. 553 (12/01/10)
• 15 DE Reg. 1322 (03/01/12)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 17 DE Reg. 1060 (05/01/14)
• 18 DE Reg. 466 (12/01/14)
• 18 DE Reg. 781 (04/01/15)
• 19 DE Reg. 1077 (06/01/16)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 25 DE Reg. 693 (01/01/22)
• 27 DE Reg. 697 (06/01/24)
• 12 DE Reg. 1305 (04/01/09)

3 Del. Admin. Code § 501-9.0 Pari-Mutuel Wagering

9.1 General Provisions

9.1.1 General. Each association shall conduct wagering in accordance with applicable laws and these rules. Such wagering shall employ a pari-mutuel system approved by the Commission. The totalizator shall be tested prior to and during the meeting as required by the Commission.

9.1.2 Records. The association shall maintain records of all wagering so the Commission may review such records for any contest including the opening line, subsequent odds fluctuation, the amount and at which window wagers were placed on any betting interest and such other information as may be required. Such wagering records shall be retained by each association and safeguarded for a period of time specified by the Commission. The Commission may require that certain of these records be made available to the wagering public at the completion of each contest.

9.1.3 Recording of a Wager. A pari-mutuel ticket is evidence of a contribution to the pari-mutuel pool operated by the association and is evidence of the obligation of the association to pay to the holder thereof such portion of the distributable amount of the pari-mutuel pool as is represented by such valid pari-mutuel ticket. The association shall cash all valid winning tickets when such are presented for payment during the course of the meeting where sold, and for a specified period after the last day of the meeting.

9.1.3.1 To be deemed a valid pari-mutuel ticket, such ticket shall have been issued by a pari-mutuel ticket machine operated by the association and recorded as a ticket entitled to a share of the pari-mutuel pool, and contain imprinted information as to:

9.1.3.1.1 The name of the association operating the meeting.

9.1.3.1.2 A unique identifying number or code.

9.1.3.1.3 Identification of the terminal at which the ticket was issued.

9.1.3.1.4 A designation of the performance for which the wagering transaction was issued.

9.1.3.1.5 The contest number for which the pool is conducted.

9.1.3.1.6 The type or types of wagers represented.

9.1.3.1.7 The number or numbers representing the betting interests for which the wager is recorded.

9.1.3.1.8 The amount or amounts of the contributions to the pari-mutuel pool or pools for which the ticket is evidence.

9.1.3.2 No pari-mutuel ticket recorded or reported as previously paid, canceled, or nonexistent shall be deemed a valid pari-mutuel ticket by the association. The association may withhold payment and refuse to cash any pari-mutuel ticket deemed not valid.

9.1.4 Pari‑Mutuel Ticket Sales

9.1.4.1 Pari-mutuel tickets shall not be sold by anyone other than an association licensed to conduct pari-mutuel wagering.

9.1.4.2 No pari-mutuel ticket may be sold on a contest for which wagering has already been closed and no association shall be responsible for ticket sales entered into but not completed by issuance of a ticket before the totalizator is closed for wagering on such contest.

9.1.4.3 Claims pertaining to a mistake on an issued or unissued ticket, or a mistake involving failure to issue a ticket, must be made by the bettor prior to leaving the seller's window. Cancellation or exchange of tickets issued shall not be permitted after a patron has left a seller's window except in accordance with written policies established by the association subject to review by the Commission.

9.1.4.4 Payment on winning pari-mutuel wagers shall be made on the basis of the order of finish as purposely posted and declared "official." Any subsequent change in the order of finish or award of purse money as may result from a subsequent ruling by the presiding judge, by the judges or by the Commission shall in no way affect the pari-mutuel payoff. If an error in the posted order of finish or payout figures is discovered, the official order of finish or payoff prices may be corrected and an announcement concerning the change shall be made to the public.

9.1.4.5 The association shall have no obligation to enter a wager into a betting pool if unable to do so due to equipment failure.

9.1.5 Advance Performance Wagering. No association shall permit wagering to begin more than 1 hour before scheduled post time of the first contest of a performance unless it has first obtained the authorization of the Commission.

9.1.6 Claims for Payment from Pari‑Mutuel Pool. In the case of a disputed claim made for payment on a pari-mutuel wager, and following receipt of a report by the association regarding the disputed claim, the Commission may adjudicate the claim and may order payment thereon from the pari-mutuel pool or by the association, or may deny the claim, or may make such other order as it may deem proper.

9.1.7 Payment for Errors. If an error occurs in the payment amounts for pari-mutuel wagers which are cashed or entitled to be cashed; and as a result of such error the pari-mutuel pool involved in the error is not correctly distributed among winning ticket holders, the following shall apply:

9.1.7.1 Verification is required to show that the amount of the commission, the amount in breakage, and the amount in payoffs is equal to the total gross pool. If the amount of the pool is more than the amount used to calculate the payoff, the underpayment shall be added to the corresponding pool of the next contest. If underpayments are discovered after the close of the meeting, the underpayment shall be held in an interest‑bearing account approved by the Commission until being added, together with accrued interest, to the corresponding pool of the next meet.

9.1.7.2 In the event the error results in an overpayment to winning wagers, the association shall be responsible for such payment.

9.1.8 Betting Explanation. A summary explanation of pari-mutuel wagering and each type of betting pool offered shall be available upon request through association representatives.

9.1.9 Display of Betting Information

9.1.9.1 Approximate odds for Win pool betting shall be posted on display devices within view of the wagering public and updated at intervals of not more than 90 seconds.

9.1.9.2 The probable payoff or amounts wagered, in total and on each betting interest, for other pools may be displayed to the wagering public at intervals and in a manner approved by the Commission.

9.1.9.3 Official results and payoffs must be displayed upon each contest being declared official.

9.1.10 Canceled Contests. If a contest is canceled or declared "no contest", refunds shall be granted on valid wagers in accordance with these rules.

9.1.11 Refunds

9.1.11.1 Notwithstanding other provisions of these rules, refunds of the entire pool shall be made on:

9.1.11.1.1 Win pools and first‑half Double pools offered in contests in which the number of betting interests has been reduced to fewer than 2.

9.1.11.1.2 Place pools, Exacta pools, Quinella pools, Trifecta pools, first‑half Quinella Double pools, first‑half Twin Quinella pools, first‑half Twin Trifecta pools, and first‑half Tri‑Superfecta pools offered in contests in which the number of betting interests has been reduced to fewer than 3.

9.1.11.1.3 Show pools, Superfecta pools, and first‑half Twin Superfecta pools offered in contests in which the number of betting interests has been reduced to fewer than 4.

9.1.11.2 Authorized refunds shall be paid upon presentation and surrender of the affected pari-mutuel ticket.

9.1.12 Coupled Entries and Mutuel Fields

9.1.12.1 Contestants coupled in wagering as a coupled entry or mutuel field shall be considered part of a single betting interest for the purpose of price calculations and distribution of pools. Should any contestant in a coupled entry or mutuel field be officially withdrawn or scratched, the remaining contestants in that coupled entry or mutuel field shall remain valid betting interests and no refunds will be granted. If all contestants within a coupled entry or mutuel field are scratched, then tickets on such betting interests shall be refunded, notwithstanding other provisions of these rules.

9.1.12.2 For the purpose of price calculations only, coupled entries and mutuel fields shall be calculated as a single finisher, using the finishing position of the leading contestant in that coupled entry or mutuel field to determine order of placing. This rule shall apply to all circumstances, including situations involving a dead heat, except as otherwise provided by these rules.

9.1.13 Pools Dependent Upon Betting Interests. Unless the presiding judge otherwise determines, at the time the pools are opened for wagering, the association:

9.1.13.1 May offer win, place, and show wagering on all contests with 6 or more betting interests.

9.1.13.2 May be allowed to prohibit show wagering on any contest with 5 or fewer betting interests scheduled to start.

9.1.13.3 May be allowed to prohibit place wagering on any contest with 4 or fewer betting interests scheduled to start.

9.1.13.4 May be allowed to prohibit Quinella wagering on any contest with 3 or fewer betting interests scheduled to start.

9.1.13.5 May be allowed to prohibit Quinella Double wagering on any contests with 3 or fewer betting interests scheduled to start.

9.1.13.6 May be allowed to prohibit Exacta wagering on any contest with 3 or fewer betting interests scheduled to start.

9.1.13.7 May be allowed to prohibit Trifecta wagering on any contest with 7 or fewer betting interests scheduled to start.

9.1.13.8 May be allowed to prohibit Superfecta wagering on any contest with 7 or fewer betting interests scheduled to start.

9.1.13.9 May be allowed to prohibit Twin Quinella wagering on any contests with 3 or fewer betting interests scheduled to start.

9.1.13.10 Shall prohibit Twin Trifecta wagering on any contests with 7 or fewer betting interests scheduled to start.

9.1.13.11 Shall prohibit Tri‑Superfecta wagering on any contests with of 7 or fewer betting interests scheduled to start.

9.1.13.12 Shall prohibit Twin Superfecta wagering on any contests with 7 or fewer betting interests scheduled to start.

9.1.13.13 May be allowed to prohibit Show Quinella wagering on any contest with 4 or fewer betting interests scheduled to start.

9.1.13.14 May drop any entry from wagering.

9.1.14 Prior Approval Required For Betting Pools

9.1.14.1 An association that desires to offer new forms of wagering must apply in writing to the Commission and receive written approval prior to implementing the new betting pool.

9.1.14.2 The association may suspend previously‑ approved forms of wagering with the prior approval of the Commission. Any carryover shall be held until the suspended form of wagering is reinstated. An association may request approval of a form of wagering or separate wagering pool for specific performances.

9.1.15 Closing of Wagering in a Contest

9.1.15.1 A Commission representative shall close wagering for each live racing contest after which time no pari-mutuel tickets shall be sold for that contest.

9.1.15.2 The Association shall maintain, in good order, a system approved by the Commission for closing wagering.

9.1.16 Complaints Pertaining to Pari‑Mutuel Operations. When a patron makes a complaint regarding the pari-mutuel department to an association, the association shall prepare a complaint report, setting out:

9.1.16.1 The name of the complainant;

9.1.16.2 The nature of the complaint;

9.1.16.3 The name of the persons, if any, against whom the complaint was made;

9.1.16.4 The date of the complaint;

9.1.16.5 The action taken or proposed to be taken, if any, by the association.

9.1.17 Duty to Report Irregularities. All employees and horsemen shall report any known irregularities or wrong doings by any person involving pari-mutuel wagering immediately to the Commission and to the association, and shall cooperate in subsequent investigations.

9.1.18 Unrestricted Access. The association shall permit the Commission unrestricted access at all times to its facilities and equipment and to all books, ledgers, accounts, documents and records of the association that relate to pari-mutuel wagering.

9.1.19 Emergency Situations. In the event of an emergency in connection with the pari-mutuel department not covered in these rules, the pari-mutuel manager representing the association shall report the problem to the presiding judge and the association and the presiding judge shall render a full report to the Commission within 48 hours.

9.2 Account Wagering [Reserved]

9.3 Simulcast Wagering

9.3.1 Duties of Simulcast Host

9.3.1.1 Every host association simulcasting its performance, if requested, may contract with an authorized receiver for the purpose of providing authorized users its simulcast.

9.3.1.2 A host association is responsible for content of the simulcast and shall use all reasonable effort to present a simulcast which offers the viewers an exemplary depiction of each performance.

9.3.1.3 Unless otherwise permitted by the Commission, every simulcast will contain in its video content a digital display of actual time of day, the name of the host facility from where it emanates, the number of the contest being displayed, and any other relevant information available to patrons at the host facility.

9.3.1.4 The host association shall maintain such security controls including encryption over its uplink and communications systems as directed or approved by the Commission.

9.3.2 Duties of Authorized Receiver

9.3.2.1 An authorized receiver conducts and operates a pari-mutuel wagering system on the results of contests being held or conducted and simulcast from the enclosures of one or more host Associations and with the approval of the Commission.

9.3.2.2 An authorized receiver shall provide:

9.3.2.2.1 Adequate transmitting and receiving equipment of acceptable broadcast quality, which shall not interfere with the closed circuit TV system of the host Association for providing any host facility patron information.

9.3.2.2.2 Pari-mutuel terminals, pari-mutuel odds displays, modems and switching units enabling pari-mutuel data transmissions, and data communications between the host and guest associations.

9.3.2.3 The guest association and all authorized receivers shall conduct pari-mutuel wagering pursuant to the applicable Commission rules.

9.3.2.4 The Commission may appoint at least 1 designee to monitor and inspect as necessary all approved simulcast facilities.

9.3.2.5 Not less than 30 minutes prior to the commencement of transmission of the performance of pari-mutuel contests for each day or night, the guest association shall initiate a test program of its transmitter, encryption and decoding, and data communication to assure proper operation of the system.

9.3.2.6 Every authorized receiver shall file with the Commission an annual report of its simulcast operations as part of the financial reports required by 4.2.2 of these Rules.

9.4 Interstate Common Pool Wagering

9.4.1 General

9.4.1.1 Participation in interstate common pools shall be approved by the Commission.

9.4.1.2 Individual wagering transactions are made at the point of sale in the state where placed. Pari-mutuel pools are combined for computing odds and calculating payoffs but will be held separate for auditing and all other purposes.

9.4.1.3 Any surcharges or withholdings in addition to the takeout shall only be applied in the jurisdiction otherwise imposing such surcharges or withholdings.

9.4.1.4 In determining whether to approve an interstate common pool which does not include the host track or which includes contests from more than 1 association, the Commission shall consider and may approve use of a bet type which is not utilized at the host track, application of a takeout rate not in effect at the host track, or other factors which are presented to the Commission.

9.4.1.5 The content and format of the visual display of racing and wagering information at facilities in other jurisdictions where wagering is permitted in the interstate common pool need not be identical to the similar information permitted or required to be displayed under these rules.

9.4.2 Guest State Participation in Interstate Common Pools

9.4.2.1 With the prior approval of the Commission, pari-mutuel wagering pools may be combined with corresponding wagering pools in the host state, or with corresponding pools established by one or more other jurisdictions.

9.4.2.2 The Commission may permit adjustment of the takeout from the pari-mutuel pool so that the takeout rate in this jurisdiction is identical to that at the host track, or identical to that of other jurisdictions participating in the merged pool.

9.4.2.3 Where takeout rates in the merged pool are not identical, the net price calculation shall be the method by which the differing takeout rates are applied.

9.4.2.4 Rules established in the state of the host association designated for a pari-mutuel pool shall apply.

9.4.2.5 The Commission shall approve agreements made between the association and other participants in interstate common pools governing the distribution of breakage between the jurisdictions.

9.4.2.6 If, for any reason, it becomes impossible to successfully merge the bets placed into the interstate common pool, the association shall make payoffs in accordance with payoff prices that would have been in effect if prices for the pool of bets were calculated without regard to wagers placed elsewhere; or, alternatively, the association may determine to either pay winning tickets at the payoff prices at the host track, or declare such accepted bets void and make refunds in accordance with the applicable rules.

9.4.3 Host State Participation in Merged Pools

9.4.3.1 An association licensed to conduct pari-mutuel wagering may determine that one or more of its contests be utilized for pari‑ mutuel wagering at guest facilities in other states, and may also determine that pari‑ mutuel pools in guest states be combined with corresponding wagering pools established by it as the host track or comparable wagering pools established by 2 or more states.

9.4.3.2 Rules of racing established for races held in this state shall also apply to interstate common pools unless the Commission shall have specifically otherwise determined.

9.4.3.3 The Commission shall approve agreements made between the association and other participants in interstate common pools governing the distribution of breakage between the jurisdictions.

9.4.3.4 Any contract for interstate common pools entered into by the association shall contain a provision to the effect that if, for any reason, it becomes impossible to successfully merge the bets placed in another state into the interstate common pool formed by the association, or if, for any reason, the Commission's or the association's representative determines that attempting to effect transfer of pool data from the guest state may endanger the association's wagering pool, the association shall have no liability for any measures taken which may result in the guest's wagers not being accepted into the pool.

9.5 Calculation of Payouts and Distribution of Pools

9.5.1 General

9.5.1.1 All permitted pari-mutuel wagering pools shall be separately and independently calculated and distributed. Takeout shall be deducted from each gross pool as stipulated by law. The remainder of the monies in the pool shall constitute the net pool for distribution as payoff on winning wagers.

9.5.1.2 Either the standard or net price calculation procedure may be used to calculate single commission pools, while the net price calculation procedure must be used to calculate multi‑commission pools.

9.5.1.3 Minimum payout shall be $.05 for each dollar wagered. One half of the odd cents of all redistributions to be made on pari-mutuel or totalizator pool contributions exceeding the sum equal to the lowest multiple of 10, such odd cents to be calculated on the basis of each dollar wagered.

9.5.1.4 The individual pools outlined in these rules may be given alternative names by each association, provided prior approval is obtained from the Commission.

9.5.2 Win Pools

9.5.2.1 The amount wagered on the betting interest which finishes first is deducted from the net pool, the balance remaining being the profit; the profit is divided by the amount wagered on the betting interest finishing first, such quotient being the profit per dollar wagered to Win on that betting interest.

9.5.2.2 The net Win pool shall be distributed as a single price pool to winning wagers in the following precedence, based upon the official order of finish:

9.5.2.2.1 To those whose selection finished first; but if there are no such wagers, then

9.5.2.2.2 To those whose selection finished second; but if there are no such wagers, then

9.5.2.2.3 To those whose selection finished third; but if there are no such wagers, then

9.5.2.2.4 The entire pool shall be refunded on Win wagers for that contest.

9.5.2.3 If there is a dead heat for first involving:

9.5.2.3.1 Contestants representing the same betting interest, the Win pool shall be distributed as if no dead heat occurred.

9.5.2.3.2 Contestants representing 2 or more betting interests, the Win pool shall be distributed as a profit split.

9.5.3 Place Pools

9.5.3.1 The amounts wagered to Place on the first 2 betting interests to finish are deducted from the net pool, the balance remaining being the profit; the profit is divided into 2 equal portions, 1 being assigned to each winning betting interest and divided by the amount wagered to Place on that betting interest, the resulting quotient is the profit per dollar wagered to Place on that betting interest.

9.5.3.2 The net Place pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.3.2.1 If contestants of a coupled entry or mutuel field finished in the first two places, as a single price pool to those who selected the coupled entry or mutuel field; otherwise

9.5.3.2.2 As a profit split to those whose selection is included within the first 2 finishers; but if there are no such wagers on one of those 2 finishers, then

9.5.3.2.3 As a single price pool to those who selected the one covered betting interest included within the first 2 finishers; but if there are no such wagers, then

9.5.3.2.4 As a single price pool to those who selected the third‑place finisher; but if there are no such wagers, then

9.5.3.2.5 The entire pool shall be refunded on Place wagers for that contest.

9.5.3.3 If there is a dead heat for first involving:

9.5.3.3.1 Contestants representing the same betting interest, the Place pool shall be distributed as a single price pool.

9.5.3.3.2 Contestants representing 2 or more betting interests, the Place pool shall be distributed as a profit split.

9.5.3.4 If there is a dead heat for second involving:

9.5.3.4.1 Contestants representing the same betting interest, the Place pool shall be distributed as if no dead heat occurred.

9.5.3.4.2 Contestants representing 2 or more betting interests, the Place pool is divided with ½ of the pro-fit distributed to Place wagers on the betting interest finishing first and the remainder is distributed equally amongst Place wagers on those betting interests involved in the dead heat for second.

9.5.4 Show Pools

9.5.4.1 The amounts wagered to Show on the first three betting interests to finish are deducted from the net pool, the balance remaining being the profit; the profit is divided into 3 equal portions, 1 being assigned to each winning betting interest and divided by the amount wagered to Show on that betting interest, the resulting quotient being the profit per dollar wagered to Show on that betting interest. The net Show pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.4.1.1 If contestants of a coupled entry or mutuel field finished in the first 3 places, as a single price pool to those who selected the coupled entry or mutuel field; otherwise

9.5.4.1.2 If contestants of a coupled entry or mutuel field finished as 2 of the first 3 finishers, the profit is divided with 2/3 distributed to those who selected the coupled entry or mutuel field and 1/3 distributed to those who selected the other betting interest included within the first three finishers; otherwise

9.5.4.1.3 As a profit split to those whose selection is included within the first 3 finishers; but if there are no such wagers on 1 of those 3 finishers, then

9.5.4.1.4 As a profit split to those who selected one of the 2 covered betting interests included within the first 3 finishers; but if there are no such wagers on 2 of those 3 finishers, then

9.5.4.1.5 As a single price pool to those who selected the one covered betting interest included within the first 3 finishers; but if there are no such wagers, then

9.5.4.1.6 As a single price pool to those who selected the fourth‑place finisher; but if there are no such wagers, then

9.5.4.1.7 The entire pool shall be refunded on Show wagers for that contest.

9.5.4.2 If there is a dead heat for first involving:

9.5.4.2.1 Two contestants representing the same betting interest, the profit is divided with 2/3 distributed to those who selected the first‑place finishers and 1/3 distributed to those who selected the betting interest finishing third.

9.5.4.2.2 Three contestants representing a single betting interest, the Show pool shall be distributed as a single price pool.

9.5.4.2.3 Contestants representing 2 or more betting interests, the Show pool shall be distributed as a profit split.

9.5.4.3 If there is a dead heat for second involving:

9.5.4.3.1 Contestants representing the same betting interest, the profit is divided with 1/3 distributed to those who selected the betting interest finishing first and 2/3 distributed to those who selected the second‑place finishers.

9.5.4.3.2 Contestants representing 2 betting interests, the Show pool shall be distributed as a profit split.

9.5.4.3.3 Contestants representing 3 betting interests, the Show pool is divided with 1/3 of the profit distributed to Show wagers on the betting interest finishing first and the remainder is distributed equally amongst Show wagers on those betting interests involved in the dead heat for second.

9.5.4.4 If there is a dead heat for third involving:

9.5.4.4.1 Contestants representing the same betting interest, the Show pool shall be distributed as if no dead heat occurred.

9.5.4.4.2 Contestants representing 2 or more betting interests, the Show pool is divided with 2/3 of the profit distributed to Show wagers on the betting interests finishing first and second and the remainder is distributed equally amongst Show wagers on those betting interests involved in the dead heat for third.

9.5.5 Double Pools

9.5.5.1 The Double requires selection of the first‑place finisher in each of 2 specified contests.

9.5.5.2 The net Double pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.5.2.1 As a single price pool to those whose selection finished first in each of the 2 contests; but if there are no such wagers, then

9.5.5.2.2 As a profit split to those who selected the first‑place finisher in either of the 2 contests; but if there are no such wagers, then

9.5.5.2.3 As a single price pool to those who selected the 1 covered first‑place finisher in either contest; but if there are no such wagers, then

9.5.5.2.4 As a single price pool to those whose selection finished second in each of the 2 contests; but if there are no such wagers, then

9.5.5.2.5 The entire pool shall be refunded on Double wagers for those contests.

9.5.5.3 If there is a dead heat for first in either of the 2 contests involving:

9.5.5.3.1 Contestants representing the same betting interest, the Double pool shall be distributed as if no dead heat occurred.

9.5.5.3.2 Contestants representing 2 or more betting interests, the Double pool shall be distributed as a profit split if there is more than 1 covered winning combination.

9.5.5.4 Should a betting interest in the first‑half of the Double be scratched prior to the first Double contest being declared official, all money wagered on combinations including the scratched betting interest shall be deducted from the Double pool and refunded.

9.5.5.5 Should a betting interest in the second‑half of the Double be scratched prior to the close of wagering on the first Double contest, all money wagered on combinations including the scratched betting interest shall be deducted from the Double pool and refunded.

9.5.5.6 Should a betting interest in the second‑half of the Double be scratched after the close of wagering on the first Double contest, all wagers combining the winner of the first contest with the scratched betting interest in the second contest shall be allocated a consolation payoff. In calculating the consolation payoff the net Double pool shall be divided by the total amount wagered on the winner of the first contest and an unbroken consolation price obtained. The broken consolation price is multiplied by the dollar value of wagers on the winner of the first contest combined with the scratched betting interest to obtain the consolation payoff. Breakage is not declared in this calculation. The consolation payoff is deducted from the net Double pool before calculation and distribution of the winning Double payoff. Dead heats including separate betting interests in the first contest shall result in a consolation payoff calculated as a profit split.

9.5.5.7 If either of the Double contests are canceled prior to the first Double contest, or the first Double contest is declared "no contest", the entire Double pool shall be refunded on Double wagers for those contests.

9.5.5.8 If the second Double contest is canceled or declared "no contest" after the conclusion of the first Double contest, the net Double pool shall be distributed as a single price pool to wagers selecting the winner of the first Double contest. In the event of a dead heat involving separate betting interests, the net Double pool shall be distributed as a profit split.

9.5.6 Pick Three Pools

9.5.6.1 The Pick Three requires selection of the first‑place finisher in each of 3 specified contests.

9.5.6.2 The net Pick Three pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.6.2.1 As a single price pool to those whose selection finished first in each of the 3 contests; but if there are no such wagers, then

9.5.6.2.2 As a single price pool to those who selected the first‑place finisher in any 2 of the 3 contests; but if there are no such wagers, then

9.5.6.2.3 As a single price pool to those who selected the first‑place finisher in any 1 of the 3 contests; but if there are no such wagers, then

9.5.6.2.4 The entire pool shall be refunded on Pick Three wagers for those contests.

9.5.6.3 If there is a dead heat for first in any of the 3 contests involving:

9.5.6.3.1 Contestants representing the same betting interest, the Pick Three pool shall be distributed as if no dead heat occurred.

9.5.6.3.2 Contestants representing 2 or more betting interests, the Pick Three pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.

9.5.6.4 Should a betting interest in any of the three Pick Three contests be scratched, the actual favorite, as evidenced by total amounts wagered in the Win pool at the close of wagering on that contest, shall be substituted for the scratched betting interest for all purposes, including pool calculations. In the event that the Win pool total for 2 or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalizator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.

9.5.6.5 If all 3 Pick Three contests are canceled or declared "no contest", the entire pool shall be refunded on Pick Three wagers for those contests.

9.5.6.6 If 1 or 2 of the Pick Three contests are canceled or declared "no contest", the Pick Three pool will remain valid and shall be distributed in accordance with 9.5.6.2 of this rule.

9.5.7 Pick (n) Pools

9.5.7.1 The Pick (n) requires selection of the first‑place finisher in each of a designated number of contests. The association must obtain written approval from the Commission concerning the scheduling of Pick (n) contests, the designation of one of the methods prescribed in Part (2), and the amount of any cap to be set on the carryover. Any changes to the approved Pick (n) format require prior approval from the Commission.

9.5.7.2 The Pick (n) pool shall be apportioned under one of the following methods:

9.5.7.2.1 Method 1, Pick (n) with Carryover: The net Pick (n) pool and carryover, if any, shall be distributed as a single price pool to those who selected the first‑place finisher in each of the Pick (n) contests, based upon the official order of finish. If there are no such wagers, then a designated percentage of the net pool shall be distributed as a single price pool to those who selected the first‑place finisher in the greatest number of Pick (n) contests; and the remainder shall be added to the carryover.

9.5.7.2.2 Method 2, Pick (n) with Minor Pool and Carryover: The major share of the net Pick (n) pool and the carryover, if any, shall be distributed to those who selected the first‑place finisher in each of the Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool shall be distributed to those who selected the first‑place finisher in the second greatest number of Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first‑place finisher of all Pick (n) contests, the minor share of the net Pick (n) pool shall be distributed as a single price pool to those who selected the first‑place finisher in the greatest number of Pick (n) contests; and the major share shall be added to the carryover.

9.5.7.2.3 Method 3, Pick (n) with No Minor Pool and No Carryover: The net Pick (n) pool shall be distributed as a single price pool to those who selected the first‑place finisher in the greatest number of Pick (n) contests, based upon the official order of finish. If there are no winning wagers, the pool is refunded.

9.5.7.2.4 Method 4, Pick (n) with Minor Pool and No Carryover: The major share of the net Pick (n) pool shall be distributed to those who selected the first place finisher in the greatest number of Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool shall be distributed to those who selected the first‑place finisher in the second greatest number of Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first‑place finisher in a second greatest number of Pick (n) contests, the minor share of the net Pick (n) pool shall be combined with the major share for distribution as a single price pool to those who selected the first‑place finisher in the greatest number of Pick (n) contests. If the greatest number of first‑place finishers selected is one (1), the major and minor shares are combined for distribution as a single price pool. If there are no winning wagers, the pool is refunded.

9.5.7.2.5 Method 5, Pick (n) with Minor Pool and No Carryover: The major share of net Pick (n) pool shall be distributed to those who selected the first‑place finisher in each of the Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool shall be distributed to those who selected the first‑place finisher in the second greatest number of Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first‑place finisher in all Pick (n) contests, the entire net Pick (n) pool shall be distributed as a single price pool to those who selected the first‑place finisher in the greatest number of Pick (n) contests. If there are no wagers selecting the first‑place finisher in a second greatest number of Pick (n) contests, the minor share of the net Pick (n) pool shall be combined with the major share for distribution as a single price pool to those who selected the first‑place finisher in each of the Pick (n) contests. If there are no winning wagers, the pool is refunded.

9.5.7.2.6 Method 6, Pick (n) with Minor Pool, Jackpot Pool, Major Carryover and Jackpot Carryover: Predetermined percentages of the net Pick (n) pool shall be set aside as a Major pool, Minor pool and Jackpot pool. The Major share of the net Pick (n) pool and the Major carry-over, if any, shall be distributed to those who selected the first‑place finisher of each of the Pick (n) contests, based on the official order of finish. If there are no tickets selecting the first‑place finisher in each of the Pick (n) contests, the Major net pool shall be added to the Major carry-over. If there is only 1 single ticket selecting the first‑place finisher of each of the Pick (n) contests, based on the official order of finish, the Jackpot share of the net Pick (n) pool and the Jackpot carryover, if any, shall be distributed to the holder of that single ticket, along with the Major net pool and the Major carryover, if any. If more than one ticket selects the first‑place finisher of each of the Pick (n) contests the Jackpot net pool shall be added to the Jackpot carryover. The Minor share of the net Pick (n) pool shall be distributed to those who selected the first‑place finisher of the second greatest number of Pick (n) contests, based on the official order of finish. If there are no wagers selecting the first‑place finisher of all Pick (n) contests, the Minor net pool of the Pick (n) pool shall be distributed as a single price pool to those who selected the first‑place finisher of the greatest number of Pick (n) contests.

9.5.7.3 If there is a dead heat for first in any of the Pick (n) contests involving:

9.5.7.3.1 Contestants representing the same betting interest, the Pick (n) pool shall be distributed as if no dead heat occurred.

9.5.7.3.2 Contestants representing 2 or more betting interests, the Pick (n) pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.

9.5.7.4 Should a betting interest in any of the Pick (n) contests be scratched, the actual favorite, as evidenced by total amounts wagered in the Win pool at the host Association for the contest at the close of wagering on that contest, shall be substituted for the scratched betting interest for all purposes, including pool calculations. In the event that the Win pool total for 2 or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalizator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.

9.5.7.5 The Pick (n) pool shall be canceled and all Pick (n) wagers for the individual performance shall be refunded if:

9.5.7.5.1 At least 2 contests included as part of a Pick 3 are canceled or declared "no contest."

9.5.7.5.2 At least 3 contests included as part of a Pick 4, Pick 5 or Pick 6 are canceled or declared "no contest."

9.5.7.5.3 At least 4 contests included as part of a Pick 7, Pick 8 or Pick 9 are canceled or declared "no contest."

9.5.7.5.4 At least 5 contests included as part of a Pick 10 are canceled or declared "no contest."

9.5.7.6 If at least 1 contest included as part of a Pick (n) is canceled or declared "no contest", but not more than the number specified in subsection 5 of this rule, the net pool shall be distributed as a single price pool to those whose selection finished first in the greatest number of Pick (n) contests for that performance. Such distribution shall include the portion ordinarily retained for the Pick (n) carryover but not the carryover from previous performances.

9.5.7.7 The Pick (n) carryover may be capped at a designated level approved by the Commission so that if, at the close of any performance, the amount in the Pick (n) carryover equals or exceeds the designated cap, the Pick (n) carryover will be frozen until it is won or distributed under other provisions of this rule. After the Pick (n) carryover is frozen, 100% of the net pool, part of which ordinarily would be added to the Pick (n) carryover, shall be distributed to those whose selection finished first in the greatest number of Pick (n) contests for that performance.

9.5.7.8 A written request for permission to distribute the Pick (n) carryover on a specific performance may be submitted to the Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

9.5.7.9 Should the Pick (n) carryover be designated for distribution on a specified date and performance in which there are no wagers selecting the first‑place finisher in each of the Pick (n) contests, the entire pool shall be distributed as a single price pool to those whose selection finished first in the greatest number of Pick (n) contests. The Pick (n) carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

9.5.7.9.1 Upon written approval from the Commission as provided in 9.5.7.8 of this rule.

9.5.7.9.2 Upon written approval from the Commission when there is a change in the carryover cap, a change from one type of Pick (n) wagering to another, or when the Pick (n) is discontinued.

9.5.7.9.3 On the closing performance of the meet or split meet.

9.5.7.10 If, for any reason, the Pick (n) carryover must be held over to the corresponding Pick (n) pool of a subsequent meet, the carryover shall be deposited in an interest‑bearing account approved by the Commission. The Pick (n) carryover plus accrued interest shall then be added to the net Pick (n) pool of the following meet on a date and performance so designated by the Commission.

9.5.7.11 With the written approval of the Commission, the Association may contribute to the Pick (n) carryover a sum of money up to the amount of any designated cap.

9.5.7.12 Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of live tickets remaining is strictly prohibited. This shall not prohibit necessary communication between totalizator and pari-mutuel department employees for processing of pool data.

9.5.7.13 The Association may suspend previously-approved Pick (n) wagering with the prior approval of the Commission. Any carryover shall be held until the suspended Pick (n) wagering is reinstated. An Association may request approval of a Pick (n) wager or separate wagering pool for specific performances.

9.5.8 Place Pick (n) Pools

9.5.8.1 The Place Pick (n) requires selection of the first or second‑place finisher in each of a designated number of contests. The Association must obtain written approval from the Commission concerning the scheduling of Place Pick (n) contests, the designation of 1 of the methods prescribed in Part (2), the distinctive name identifying the pool and the amount of any cap to be set on the carryover. Any changes to the approved Place Pick (n) format require prior approval from the Commission.

9.5.8.2 The Place Pick (n) pool shall be apportioned under one of the following methods:

9.5.8.2.1 Method 1, Place Pick (n) with Carryover: The net Place Pick (n) pool and carryover, if any, shall be distributed as a single price pool to those who selected the first or second‑place finisher in each of the Place Pick (n) contests, based upon the official order of finish. If there are no such wagers, then a designated percentage of the net pool shall be distributed as a single price pool to those who selected the first or second‑place finisher in the greatest number of Place Pick (n) contests; and the remainder shall be added to the carryover.

9.5.8.2.2 Method 2, Place Pick (n) with Minor Pool and Carryover: The major share of the net Place Pick (n) pool and the carryover, if any, shall be distributed to those who selected the first or second‑place finisher in each of the Place Pick (n) contests, based upon the official order of finish. The minor share of the net Place Pick (n) pool shall be distributed to those who selected the first or second‑place finisher in the second greatest number of Place Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first or second‑place finisher of all Place Pick (n) contests, the minor share of the net Place Pick (n) pool shall be distributed as a single price pool to those who selected the first or second‑place finisher in the greatest number of Place Pick (n) contests; and the major share shall be added to the carryover.

9.5.8.2.3 Method 3, Place Pick (n) with No Minor Pool and No Carryover: The net Place Pick (n) pool shall be distributed as a single price pool to those who selected the first or second‑place finisher in the greatest number of Place Pick (n) contests, based upon the official order of finish. If there are no winning wagers, the pool is refunded.

9.5.8.2.4 Method 4, Place Pick (n) with Minor Pool and No Carryover: The major share of the net Place Pick (n) pool shall be distributed to those who selected the first or second‑place finisher in the greatest number of Place Pick (n) contests, based upon the official order of finish. The minor share of the net Place Pick (n) pool shall be distributed to those who selected the first or second‑place finisher in the second greatest number of Place Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first or second‑place finisher in a second greatest number of Place Pick (n) contests, the minor share of the net Place Pick (n) pool shall be combined with the major share for distribution as a single price pool to those who selected the first or second‑place finisher in the greatest number of Place Pick (n) contests. If the greatest number of first or second‑place finishers selected is one (1), the major and minor shares are combined for distribution as a single price pool. If there are no winning wagers, the pool is refunded.

9.5.8.2.5 Method 5, Place Pick (n) with Minor Pool and No Carryover: The major share of net Place Pick (n) pool shall be distributed to those who selected the first or second‑place finisher in each of the Place Pick (n) contests, based upon the official order of finish. The minor share of the net Place Pick (n) pool shall be distributed to those who selected the first or second‑place finisher in the second greatest number of Place Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first or second‑place finisher in all Place Pick (n) contests, the entire net Place Pick (n) pool shall be distributed as a single price pool to those who selected the first or second‑place finisher in the greatest number of Place Pick (n) contests. If there are no wagers selecting the first or second‑place finisher in a second greatest number of Place Pick (n) contests, the minor share of the net Place Pick (n) pool shall be combined with the major share for distribution as a single price pool to those who selected the first or second‑place finisher in each of the Place Pick (n) contests. If there are no winning wagers, the pool is refunded.

9.5.8.3 If there is a dead heat for first in any of the Place Pick (n) contests involving:

9.5.8.3.1 Contestants representing the same betting interest, the Place Pick (n) pool shall be distributed as if no dead heat occurred.

9.5.8.3.2 Contestants representing 2 or more betting interests, the Place Pick (n) pool shall be distributed as a single price pool with a winning wager including each betting interest participating in the dead heat.

9.5.8.4 If there is a dead heat for second in any of the Place Pick (n) contests involving:

9.5.8.4.1 Contestants representing the same betting interest, the Place Pick (n) pool shall be distributed as if no dead heat occurred.

9.5.8.4.2 Contestants representing 2 or more betting interests, the Place Pick (n) pool shall be distributed as a single price pool with a winning wager including the betting interest which finished first or any betting interest involved in the dead heat for second.

9.5.8.5 Should a betting interest in any of the Place Pick (n) contests be scratched, the actual favorite, as evidenced by total amounts wagered in the Win pool at the host Association for the contest at the close of wagering on that contest, shall be substituted for the scratched betting interest for all purposes, including pool calculations. In the event that the Win pool total for 2 or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalizator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.

9.5.8.6 The Place Pick (n) pool shall be canceled and all Place Pick (n) wagers for the individual performance shall be refunded if:

9.5.8.6.1 At least 2 contests included as part of a Place Pick 3 are canceled or declared "no contest."

9.5.8.6.2 At least 3 contests included as part of a Place Pick 4, Place Pick 5 or Place Pick 6 are canceled or declared "no contest."

9.5.8.6.3 At least 4 contests included as part of a Place Pick 7, Place Pick 8 or Place Pick 9 are canceled or declared "no contest."

9.5.8.6.4 At least 5 contests included as part of a Place Pick 10 are canceled or declared "no contest."

9.5.8.7 If at least 1 contest included as part of a Place Pick (n) is canceled or declared "no contest", but not more than the number specified in subsection 6 of this rule, the net pool shall be distributed as a single price pool to those whose selection finished first or second in the greatest number of Place Pick (n) contests for that performance. Such distribution shall include the portion ordinarily retained for the Place Pick (n) carryover but not the carryover from previous performances.

9.5.8.8 The Place Pick (n) carryover may be capped at a designated level approved by the Commission so that if, at the close of any performance, the amount in the Place Pick (n) carryover equals or exceeds the designated cap, the Place Pick (n) carryover will be frozen until it is won or distributed under other provisions of this rule. After the Place Pick (n) carryover is frozen, 100% of the net pool, part of which ordinarily would be added to the Place Pick (n) carryover, shall be distributed to those whose selection finished first or second in the greatest number of Place Pick (n) contests for that performance.

9.5.8.9 A written request for permission to distribute the Place Pick (n) carryover on a specific performance may be submitted to the Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

9.5.8.10 Should the Place Pick (n) carryover be designated for distribution on a specified date and performance in which there are no wagers selecting the first or second‑place finisher in each of the Place Pick (n) contests, the entire pool shall be distributed as a single price pool to those whose selection finished first or second in the greatest number of Place Pick (n) contests. The Place Pick (n) carryover shall be designated for distribution on a specified date and performance under any of the following circumstances:

9.5.8.10.1 Upon written approval from the Commission as provided in 9.5.8.9 of this rule.

9.5.8.10.2 Upon written approval from the Commission when there is a change in the carryover cap, a change from one type of Place Pick (n) wagering to another, or when the Place Pick (n) is discontinued.

9.5.8.10.3 On the closing performance of the meet or split meet.

9.5.8.11 If, for any reason, the Place Pick (n) carryover must be held over to the corresponding Place Pick (n) pool of a subsequent meet, the carryover shall be deposited in an interest‑bearing account approved by the Commission. The Place Pick (n) carryover plus accrued interest shall then be added to the net Place Pick (n) pool of the following meet on a date and performance so designated by the Commission.

9.5.8.12 With the written approval of the Commission, the association may contribute to the Place Pick (n) carryover a sum of money up to the amount of any designated cap.

9.5.8.13 Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of live tickets remaining is strictly prohibited. This shall not prohibit necessary communication between totalizator and pari-mutuel department employees for processing of pool data.

9.5.8.14 The association may suspend previously‑approved Place Pick (n) wagering with the prior approval of the Commission. Any carryover shall be held until the suspended Place Pick (n) wagering is reinstated. An association may request approval of a Place Pick (n) wager or separate wagering pool for specific performances.

9.5.9 Quinella Pools

9.5.9.1 The Quinella requires selection of the first 2 finishers, irrespective of order, for a single contest.

9.5.9.2 The net Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.9.2.1 If contestants of a coupled entry or mutuel field finish as the first 2 finishers, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish; otherwise

9.5.9.2.2 As a single price pool to those whose combination finished as the first 2 betting interests; but if there are no such wagers, then

9.5.9.2.3 As a profit split to those whose combination included either the first‑ or second‑place finisher; but if there are no such wagers on 1 of the those 2 finishers, then

9.5.9.2.4 As a single price pool to those whose combination included the 1 covered betting interest included within the first 2 finishers; but if there are no such wagers, then

9.5.9.2.5 The entire pool shall be refunded on Quinella wagers for that contest.

9.5.9.3 If there is a dead heat for first involving:

9.5.9.3.1 Contestants representing the same betting interest, the Quinella pool shall be distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish.

9.5.9.3.2 Contestants representing 2 betting interests, the Quinella pool shall be distributed as if no dead heat occurred.

9.5.9.3.3 Contestants representing 3 or more betting interests, the Quinella pool shall be distributed as a profit split.

9.5.9.4 If there is a dead heat for second involving contestants representing the same betting interest, the Quinella pool shall be distributed as if no dead heat occurred.

9.5.9.5 If there is a dead heat for second involving contestants representing 2 or more betting interests, the Quinella pool shall be distributed to wagers in the following precedence, based upon the official order of finish:

9.5.9.5.1 As a profit split to those combining the winner with any of the betting interests involved in the dead heat for second; but if there is only one covered combination, then

9.5.9.5.2 As a single price pool to those combining the winner with the 1 covered betting interest involved in the dead heat for second; but if there are no such wagers, then

9.5.9.5.3 As a profit split to those combining the betting interests involved in the dead heat for second; but if there are no such wagers, then

9.5.9.5.4 As a profit split to those whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead heat for second; but if there are no such wagers, then

9.5.9.5.5 The entire pool shall be refunded on Quinella wagers for that contest.

9.5.10 Quinella Double Pools

9.5.10.1 The Quinella Double requires selection of the first 2 finishers, irrespective of order, in each of 2 specified contests.

9.5.10.2 The net Quinella Double pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.10.2.1 If a coupled entry or mutuel field finishes as the first 2 contestants in either contest, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish for that contest, as well as the first 2 finishers in the alternate Quinella Double contest; otherwise

9.5.10.2.2 As a single price pool to those who selected the first 2 finishers in each of the 2 Quinella Double contests; but if there are no such wagers, then

9.5.10.2.3 As a profit split to those who selected the first 2 finishers in either of the 2 Quinella Double contests; but if there are no such wagers on 1 of those contests, then

9.5.10.2.4 As a single price pool to those who selected the first 2 finishers in the 1 covered Quinella Double contest; but if there were no such wagers, then

9.5.10.2.5 The entire pool shall be refunded on Quinella Double wagers for those contests.

9.5.10.3 If there is a dead heat for first in either of the 2 Quinella Double contests involving:

9.5.10.3.1 Contestants representing the same betting interest, the Quinella Double pool shall be distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish for that contest.

9.5.10.3.2 Contestants representing 2 betting interests, the Quinella Double pool shall be distributed as if no dead heat occurred.

9.5.10.3.3 Contestants representing three or more betting interests, the Quinella Double pool shall be distributed as a profit split.

9.5.10.4 If there is a dead heat for second in either of the Quinella Double contests involving contestants representing the same betting interest, the Quinella Double pool shall be distributed as if no dead heat occurred.

9.5.10.5 If there is a dead heat for second in either of the Quinella Double contests involving contestants representing 2 or more betting interests, the Quinella Double pool shall be distributed as profit split.

9.5.10.6 Should a betting interest in the first‑half of the Quinella Double be scratched prior to the first Quinella Double contest being declared official, all money wagered on combinations including the scratched betting interest shall deducted from the Quinella Double pool and refunded.

9.5.10.7 Should a betting interest in the second‑half of the Quinella Double be scratched prior to the close of wagering on the first Quinella Double contest, all money wagered on combinations including the scratched betting interest shall be deducted from the Quinella Double pool and refunded.

9.5.10.8 Should a betting interest in the second‑half of the Quinella Double be scratched after the close of wagering on the first Quinella Double contest, all wagers combining the winning combination in the first contest with a combination including the scratched betting interest in the second contest shall be allocated a consolation payoff. In calculating the consolation payoff the net Quinella Double pool shall be divided by the total amount wagered on the winning combination in the first contest and an unbroken consolation price obtained. The unbroken consolation price is multiplied by the dollar value of wagers on the winning combination in the first contest combined with a combination including the scratched betting interest in the second contest to obtain the consolation payoff. Breakage is not declared in this calculation. The consolation payoff is deducted from the net Quinella Double pool before calculation and distribution of the winning Quinella Double payoff. In the event of a dead heat involving separate betting interests, the net Quinella Double pool shall be distributed as a profit split.

9.5.10.9 If either of the Quinella Double contests is canceled prior to the first Quinella Double contest, or the first Quinella Double contest is declared "no contest", the entire Quinella Double pool shall be refunded on Quinella Double wagers for those contests.

9.5.10.10 If the second Quinella Double contest is canceled or declared "no contest" after the conclusion of the first Quinella Double contest, the net Quinella Double pool shall be distributed as a single price pool to wagers selecting the winning combination in the first Quinella Double contest. If there are no wagers selecting the winning combination in the first Quinella Double contest, the entire Quinella Double pool shall be refunded on Quinella Double wagers for those contests.

9.5.11 Show Quinella Pools

9.5.11.1 The Show Quinella requires selection of 2 of the first 3 finishers, irrespective of order, for a single contest.

9.5.11.2 The Show Quinella pool shall be apportioned under 1 of the following methods:

9.5.11.2.1 Method 1, Single Price and Refund: The net Show Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.11.2.1.1 As a single price pool to those whose combinations finished as the first 2 betting interests, the first and third betting interests and/or the second and third betting interests; but if there are no such wagers, then

9.5.11.2.1.2 The entire pool shall be refunded on Show Quinella wagers for that contest.

9.5.11.2.2 Method 2, Single Price and Carryover: The net Show Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.11.2.2.1 As a single price pool to those whose combinations finished as the first 2 betting interests, the first and third betting interests and/or the second and third betting interests; but if there are no such wagers, then

9.5.11.2.2.2 The net pool will be carried forward and added to the next Show Quinella pool.

9.5.11.2.3 Method 3, Profit Split and Refund: The net Show Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.11.2.3.1 As a profit split to those whose combinations finished as the first 2 betting interests, the first and third betting interests and/or the second and third betting interests; but if there are no such wagers, then

9.5.11.2.3.2 The entire pool shall be refunded on Show Quinella wagers for that contest.

9.5.11.2.4 Method 4, Profit Split and Carryover: The net Show Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.11.2.4.1 As a profit split to those whose combinations finished as the first 2 betting interests, the first and third betting interests and/or the second and third betting interests; but if there are no such wagers, then

9.5.11.2.4.2 The net pool will be carried forward and added to the next Show Quinella pool.

9.5.11.3 If there is a dead heat for first involving:

9.5.11.3.1 Contestants representing 2 or 3 betting interests, the Show Quinella pool shall be distributed as if no dead heat occurred.

9.5.11.3.2 Contestants representing 4 or more betting interests, the Show Quinella pool shall be distributed between all possible winning combinations based upon the method selected in 9.5.11.2.

9.5.11.4 If there is a dead heat for second involving:

9.5.11.4.1 Contestants representing 2 betting interests, the Show Quinella pool shall be distributed as if no dead heat occurred.

9.5.11.4.2 Contestants representing 3 or more betting interests, the Show Quinella pool shall be distributed between all possible winning combinations based upon the method selected in 9.5.11.2.

9.5.11.5 If there is a dead heat for third involving contestants representing 2 or more betting interests, the Show Quinella pool shall be distributed between all possible winning combinations, including those betting interests in the dead heat, based upon the method selected in 9.5.11.2.

9.5.11.6 Should any betting interest entered in the Show Quinella pool be scratched or excused from the contest, wagers including such betting interest shall be deducted from the Show Quinella pool and money refunded.

9.5.11.7 If, for any reason, the Show Quinella carryover must be held over to the corresponding Show Quinella pool of a subsequent meet, the carryover shall be deposited in an interest‑bearing account approved by the Commission. The Show Quinella carryover plus accrued interest shall be added to the net Show Quinella pool of the following meet on a date and performance so designated by the Commission.

9.5.12 Exacta Pools

9.5.12.1 The Exacta requires selection of the first 2 finishers, in their exact order, for a single contest.

9.5.12.2 The net Exacta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.12.2.1 If contestants of a coupled entry or mutuel field finish as the first 2 finishers, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish; otherwise

9.5.12.2.2 As a single price pool to those whose combination finished in correct sequence as the first 2 betting interests; but if there are no such wagers, then

9.5.12.2.3 As a profit split to those whose combination included either the first‑place betting interest to finish first or the second‑place betting interest to finish second; but if there are no such wagers on one of those 2 finishers, then

9.5.12.2.4 As a single price pool to those whose combination included the 1 covered betting interest to finish first or second in the correct sequence; but if there are no such wagers, then

9.5.12.2.5 The entire pool shall be refunded on Exacta wagers for that contest.

9.5.12.3 If there is a dead heat for first involving:

9.5.12.3.1 Contestants representing the same betting interest, the Exacta pool shall be distributed as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish.

9.5.12.3.2 Contestants representing 2 or more betting interests, the Exacta pool shall be distributed as a profit split.

9.5.12.4 If there is a dead heat for second involving contestants representing the same betting interest, the Exacta pool shall be distributed as if no dead heat occurred.

9.5.12.5 If there is a dead heat for second involving contestants representing 2 or more betting interests, the Exacta pool shall be distributed to ticket holders in the following precedence, based upon the official order of finish:

9.5.12.5.1 As a profit split to those combining the first‑place betting interest with any of the betting interests involved in the dead heat for second; but if there is only one covered combination, then

9.5.12.5.2 As a single price pool to those combining the first‑place betting interest with the one covered betting interest involved in the dead heat for second; but if there are no such wagers, then

9.5.12.5.3 As a profit split to those wagers correctly selecting the winner for first‑place and those wagers selecting any of the dead‑heated betting interests for second‑place; but if there are no such wagers, then

9.5.12.5.4 The entire pool shall be refunded on Exacta wagers for that contest.

9.5.13 Trifecta Pools

9.5.13.1 The Trifecta requires selection of the first 3 finishers, in their exact order, for a single contest.

9.5.13.2 The net Trifecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.13.2.1 As a single price pool to those whose combination finished in correct sequence as the first 3 betting interests; but if there are no such wagers, then

9.5.13.2.2 As a single price pool to those whose combination included, in correct sequence, the first 2 betting interests; but if there are no such wagers, then

9.5.13.2.3 As a single price pool to those whose combination correctly selected the first‑place betting interest only; but if there are no such wagers, then

9.5.13.2.4 The entire pool shall be refunded on Trifecta wagers for that contest.

9.5.13.3 If less than 3 betting interests finish and the contest is declared official, payoffs will be made based upon the order of finish of those betting interests completing the contest. The balance of any selection beyond the number of betting interests completing the contest shall be ignored.

9.5.13.4 If there is a dead heat for first involving:

9.5.13.4.1 Contestants representing 3 or more betting interests, all of the wagering combinations selecting three betting interests which correspond with any of the betting interests involved in the dead heat shall share in a profit split.

9.5.13.4.2 Contestants representing 2 betting interests, both of the wagering combinations selecting the 2 dead‑heated betting interests, irrespective of order, along with the third‑place betting interest shall share in a profit split.

9.5.13.5 If there is a dead heat for second, all of the combinations correctly selecting the winner combined with any of the betting interests involved in the dead heat for second shall share in a profit split.

9.5.13.6 If there is a dead heat for third, all wagering combinations correctly selecting the first 2 finishers, in correct sequence, along with any of the betting interests involved in the dead heat for third shall share in a profit split.

9.5.14 Superfecta Pools

9.5.14.1 The Superfecta requires selection of the first 4 finishers, in their exact order, for a single contest.

9.5.14.2 The net Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

9.5.14.2.1 As a single price pool to those whose combination finished in correct sequence as the first 4 betting interests; but if there are no such wagers, then

9.5.14.2.2 As a single price pool to those whose combination included, in correct sequence, the first 3 betting interests; but if there are no such wagers, then

9.5.14.2.3 As a single price pool to those whose combination included, in correct sequence, the first 2 betting interests; but if there are no such wagers, then

9.5.14.2.4 As a single price pool to those whose combination correctly selected the first‑place betting interest only; but if there are no such wagers, then

9.5.14.2.5 The entire pool shall be refunded on Superfecta wagers for that contest.

9.5.14.3 If less than 4 betting interests finish and the contest is declared official, payoffs will be made based upon the order of finish of those betting interests completing the contest. The balance of any selection beyond the number of betting interests completing the contest shall be ignored.

9.5.14.4 If there is a dead heat for first involving:

9.5.14.4.1 Contestants representing 4 or more betting interests, all of the wagering combinations selecting four betting interests which correspond with any of the betting interests involved in the dead heat shall share in a profit split.

9.5.14.4.2 Contestants representing 3 betting interests, all of the wagering combinations selecting the three dead‑heated betting interests, irrespective of order, along with the fourth‑place betting interest shall share in a profit split.

9.5.14.4.3 Contestants representing 2 betting interests, both of the wagering combinations selecting the two dead‑heated betting interests, irrespective of order, along with the third‑place and fourth‑place betting interests shall share in a profit split.

9.5.14.5 If there is a dead heat for second involving:

9.5.14.5.1 Contestants representing 3 or more betting interests, all of the wagering combinations correctly selecting the winner combined with any of the 3 betting interests involved in the dead heat for second shall share in a profit split.

9.5.14.5.2 Contestants representing 2 betting interests, all of the wagering combinations correctly selecting the winner, the 2 dead‑heated betting interests, irrespective of order, and the fourth‑place betting interest shall share in a profit split.

9.5.14.6 If there is a dead heat for third, all wagering combinations correctly selecting the first 2 finishers, in correct sequence, along with any 2 of the betting interests involved in the dead heat for third shall share in a profit split.

9.5.14.7 If there is a dead heat for fourth, all wagering combinations correctly selecting the first 3 finishers, in correct sequence, along with any of the betting interests involved in the dead heat for fourth shall share in a profit split.

9.5.14.8 Coupled entries and mutuel fields shall be prohibited in Superfecta contests.

9.5.15 Twin Quinella Pools

9.5.15.1 The Twin Quinella requires selection of the first 2 finishers, irrespective of order, in each of 2 designated contests. Each winning ticket for the first Twin Quinella contest must be exchanged for a free ticket on the second Twin Quinella contest in order to remain eligible for the second‑half Twin Quinella pool. Such tickets may be exchanged only at attended ticket windows prior to the second Twin Quinella contest. There will be no monetary reward for winning the first Twin Quinella contest. Both of the designated Twin Quinella contests shall be included in only 1 Twin Quinella pool.

9.5.15.2 In the first Twin Quinella contest only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first Twin Quinella contest:

9.5.15.2.1 If a coupled entry or mutuel field finishes as the first 2 finishers, those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish shall be winners; otherwise

9.5.15.2.2 Those whose combination finished as the first 2 betting interests shall be winners; but if there are no such wagers, then

9.5.15.2.3 Those whose combination included either the first‑ or second‑place finisher shall be winners; but if there are no such wagers on one of those 2 finishers, then

9.5.15.2.4 Those whose combination included the 1 covered betting interest included within the first 2finishers shall be winners; but if there are no such wagers, then

9.5.15.2.5 The entire pool shall be refunded on Twin Quinella wagers for that contest.

9.5.15.3 In the first Twin Quinella contest only, if there is a dead heat for first involving:

9.5.15.3.1 Contestants representing the same betting interest, those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish shall be winners.

9.5.15.3.2 Contestants representing 2 betting interests, the winning Twin Quinella wagers shall be determined as if no dead heat occurred.

9.5.15.3.3 Contestants representing 3 or more betting interests, those whose combination included any 2 of the betting interests finishing in the dead heat shall be winners.

9.5.15.4 In the first Twin Quinella contest only, if there is a dead heat for second involving contestants representing 2 or more betting interests, the Twin Quinella pool shall be distributed to wagers in the following precedence, based upon the official order of finish:

9.5.15.4.1 As a profit split to those combining the winner with any of the betting interests involved in the dead heat for second; but if there is only 1 covered combination, then

9.5.15.4.2 As a single price pool to those combining the winner with the 1 covered betting interest involved in the dead heat for second; but if there are no such wagers, then

9.5.15.4.3 As a profit split to those combining the betting interests involved in the dead heat for second; but if there are no such wagers, then

9.5.15.4.4 As a profit split to those whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead heat for second; but if there are no such wagers, then

9.5.15.4.5 The entire pool shall be refunded on Twin Quinella wagers for that contest.

9.5.15.5 In the second Twin Quinella contest only, the entire net Twin Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Quinella contest:

9.5.15.5.1 If a coupled entry or mutuel field finishes as the first 2 finishers, as a single price pool to those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish; otherwise

9.5.15.5.2 As a single price pool to those whose combination finished as the first 2 betting interests; but if there are no such wagers, then

9.5.15.5.3 As a profit split to those whose combination included either the first‑ or second‑place finisher; but if there are no such wagers on one of those 2 finishers, then

9.5.15.5.4 As a single price pool to those whose combination included the 1 covered betting interest included within the first 2 finishers; but if there are no such wagers, then

9.5.15.5.5 As a single price pool to all the exchange ticket holders for that contest; but if there are no such tickets, then

9.5.15.5.6 In accordance with 9.5.15.2 of the Twin Quinella rules.

9.5.15.6 In the second Twin Quinella contest only, if there is a dead heat for first involving:

9.5.15.6.1 Contestants representing the same betting interest, the net Twin Quinella pool shall be distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish.

9.5.15.6.2 Contestants representing 2 betting interests, the net Twin Quinella pool shall be distributed as if no dead heat occurred.

9.5.15.6.3 Contestants representing 3 or more betting interests, the net Twin Quinella pool shall be distributed as a profit split to those whose combination included any 2 of the betting interests finishing in the dead heat.

9.5.15.7 In the second Twin Quinella contest only, if there is a dead heat for second involving contestants representing 2 or more betting interests, the Twin Quinella pool shall be distributed to wagers in the following precedence, based upon the official order of finish:

9.5.15.7.1 As a profit split to those combining the winner with any of the betting interests involved in the dead heat for second; but if there is only 1 covered combination, then

9.5.15.7.2 As a single price pool to those combining the winner with the 1 covered betting interest involved in the dead heat for second; but if there are no such wagers, then

9.5.15.7.3 As a profit split to those combining the betting interests involved in the dead heat for second; but if there are no such wagers, then

9.5.15.7.4 As a profit split to those whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead heat for second, then

9.5.15.7.5 As a single price pool to all the exchange ticket holders for that contest; but if there are no such tickets, then

9.5.15.7.6 In accordance with 9.5.15.2 of the Twin Quinella rules.

9.5.15.8 If a winning ticket for the first‑half of the Twin Quinella is not presented for exchange prior to the close of betting on the second‑ half Twin Quinella contest, the ticket holder forfeits all rights to any distribution of the Twin Quinella pool resulting from the outcome of the second contest.

9.5.15.9 Should a betting interest in the first‑half of the Twin Quinella be scratched, those Twin Quinella wagers including the scratched betting interest shall be refunded.

9.5.15.10 Should a betting interest in the second‑half of the Twin Quinella be scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Quinella contest, the ticket holder forfeits all rights to the Twin Quinella pool.

9.5.15.11 If either of the Twin Quinella contests is canceled prior to the first Twin Quinella contest, or the first Twin Quinella contest is declared "no contest", the entire Twin Quinella pool shall be refunded on Twin Quinella wagers for that contest.

9.5.15.12 If the second‑half Twin Quinella contest is canceled or declared "no contest" after the conclusion of the first Twin Quinella contest, the net Twin Quinella pool shall be distributed as a single price pool to wagers selecting the winning combination in the first Twin Quinella contest and all valid exchange tickets. If there is no such wagers, the net Twin Quinella pool shall be distributed as described in 9.5.15.2 of the Twin Quinella rules.

9.5.16 Twin Trifecta Pools

9.5.16.1 The Twin Trifecta requires selection of the first 3 finishers, in their exact order, in each of 2 designated contests. Each winning ticket for the first Twin Trifecta contest must be exchanged for a free ticket on the second Twin Trifecta contest in order to remain eligible for the second‑half Twin Trifecta pool. Such tickets may be exchanged only at attended ticket windows prior to the second Twin Trifecta contest. Winning first‑half Twin Trifecta wagers will receive both an exchange and a monetary payoff. Both of the designated Twin Trifecta contests shall be included in only 1 Twin Trifecta pool.

9.5.16.2 After wagering closes for the first‑half of the Twin Trifecta and commissions have been deducted from the pool, the net pool shall then be divided into separate pools: the first‑half Twin Trifecta pool and the second‑half Twin Trifecta pool.

9.5.16.3 In the first Twin Trifecta contest only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first Twin Trifecta contest:

9.5.16.3.1 As a single price pool to those whose combination finished in correct sequence as the first 3 betting interests; but if there are no such wagers, then

9.5.16.3.2 As a single price pool to those whose combination included, in correct sequence, the first 2 betting interests; but if there are no such wagers, then

9.5.16.3.3 As a single price pool to those whose combination correctly selected the first‑place betting interest only; but if there are no such wagers, then

9.5.16.3.4 The entire Twin Trifecta pool shall be refunded on Twin Trifecta wagers for that contest and the second‑half shall be canceled.

9.5.16.4 If no first‑half Twin Trifecta ticket selects the first 3 finishers of that contest in exact order, winning ticket holders shall not receive any exchange tickets for the second‑half Twin Trifecta pool. In such case, the second‑half Twin Trifecta pool shall be retained and added to any existing Twin Trifecta carryover pool.

9.5.16.5 Winning tickets from the first‑half of the Twin Trifecta shall be exchanged for tickets selecting the first three finishers of the second‑half of the Twin Trifecta. The second‑half Twin Trifecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Trifecta contest:

9.5.16.5.1 As a single price pool, including any existing carryover monies, to those whose combination finished in correct sequence as the first 3 betting interests; but if there are no such tickets, then

9.5.16.5.2 The entire second‑half Twin Trifecta pool for that contest shall be added to any existing carryover monies and retained for the corresponding second‑half Twin Trifecta pool of the next consecutive performance.

9.5.16.6 If a winning first‑half Twin Trifecta ticket is not presented for cashing and exchange prior to the second‑half Twin Trifecta contest, the ticket holder may still collect the monetary value associated with the first‑half Twin Trifecta pool but forfeits all rights to any distribution of the second‑half Twin Trifecta pool.

9.5.16.7 Coupled entries and mutuel fields shall be prohibited in Twin Trifecta contests.

9.5.16.8 Should a betting interest in the first‑half of the Twin Trifecta be scratched, those Twin Trifecta wagers including the scratched betting interest shall be refunded.

9.5.16.9 Should a betting interest in the second‑half of the Twin Trifecta be scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Trifecta contest, the ticket holder forfeits all rights to the second‑half Twin Trifecta pool.

9.5.16.10 If, due to a late scratch, the number of betting interests in the second‑half of the Twin Trifecta is reduced to fewer than the minimum, all exchange tickets and outstanding first‑half winning tickets shall be entitled to the second‑half Twin Trifecta pool for that contest as a single price pool, but not the Twin Trifecta carryover.

9.5.16.11 If there is a dead heat or multiple dead heats in either the first‑ or second‑half of the Twin Trifecta, all Twin Trifecta wagers selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead‑heated position, shall be a winner. In the case of a dead heat occurring in:

9.5.16.11.1 The first‑half of the Twin Trifecta, the payoff shall be calculated as a profit split.

9.5.16.11.2 The second‑half of the Twin Trifecta, the payoff shall be calculated as a single price pool.

9.5.16.12 If either of the Twin Trifecta contests are canceled prior to the first Twin Trifecta contest, or the first Twin Trifecta contest is declared "no contest", the entire Twin Trifecta pool shall be refunded on Twin Trifecta wagers for that contest and the second‑half shall be canceled.

9.5.16.13 If the second‑half Twin Trifecta contest is canceled or declared "no contest", all exchange tickets and outstanding first‑half winning Twin Trifecta tickets shall be entitled to the net Twin Trifecta pool for that contest as a single price pool, but not Twin Trifecta carryover. If there are no such tickets, the net Twin Trifecta pool shall be distributed as described in subsection 3 of the Twin Trifecta rules.

9.5.16.14 The Twin Trifecta carryover may be capped at a designated level approved by the Commission so that if, at the close of any performance, the amount in the Twin Trifecta carryover equals or exceeds the designated cap, the Twin Trifecta carryover will be frozen until it is won or distributed under other provisions of this rule. After the Twin Trifecta carryover is frozen, 100% of the net Twin Trifecta pool for each individual contest shall be distributed to winners of the first‑half of the Twin Trifecta pool.

9.5.16.15 A written request for permission to distribute the Twin Trifecta carryover on a specific performance may be submitted to the Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

9.5.16.16 Should the Twin Trifecta carryover be designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second‑half of the Twin Trifecta after completion of the first‑half of the Twin Trifecta:

9.5.16.16.1 As a single price pool to those whose combination finished in correct sequence as the first 3 betting interests; but if there are no such wagers, then

9.5.16.16.2 As a single price pool to those whose combination included, in correct sequence, the first 2 betting interests; but if there are no such wagers, then

9.5.16.16.3 As a single price pool to those whose combination correctly selected the first‑place betting interest only; but if there are no such wagers, then

9.5.16.16.4 As a single price pool to holders of valid exchange tickets.

9.5.16.16.5 As a single price pool to holders of outstanding first‑half winning tickets.

9.5.16.17 Contrary to 9.5.16.4 of the Twin Trifecta rules, during a performance designated to distribute the Twin Trifecta carryover, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first‑half of the Twin Trifecta. If there are no wagers correctly selecting the first‑, second‑, and third‑place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first‑ and second‑place betting interests. If there are no wagers correctly selecting the first‑ and second‑place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first‑place betting interest only. If there are no wagers selecting the first‑place betting interest only in the first‑half of the Twin Trifecta, all first‑half tickets will become winners and will receive 100% of that days net Twin Trifecta pool and any existing Twin Trifecta carryover.

9.5.16.18 The Twin Trifecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

9.5.16.18.1 Upon written approval from the Commission as provided in 9.5.16 of the Twin Trifecta rules.

9.5.16.18.2 Upon written approval from the Commission when there is a change in the carryover cap or when the Twin Trifecta is discontinued.

9.5.16.18.3 On the closing performance of the meet or split meet.

9.5.16.19 If, for any reason, the Twin Trifecta carryover must be held over to the corresponding Twin Trifecta pool of a subsequent meet, the carryover shall be deposited in an interest‑bearing account approved by the Commission. The Twin Trifecta carryover plus accrued interest shall then be added to the second‑half Twin Trifecta pool of the following meet on a date and performance so designated by the Commission.

9.5.16.20 Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of valid exchange tickets is prohibited. This shall not prohibit necessary communication between totalizator and pari-mutuel department employees for processing of pool data.

9.5.16.21 The Association must obtain written approval from the Commission concerning the scheduling of Twin Trifecta contests, the percentages of the net pool added to the first‑half pool and second‑half pool, and the amount of any cap to be set on the carryover. Any changes to the approved Twin Trifecta format require prior approval from the Commission.

9.5.17 Tri‑Superfecta Pools

9.5.17.1 The Tri‑Superfecta requires selection of the first 3 finishers, in their exact order, in the first of 2 designated contests and the first 4 finishers, in exact order, in the second of the 2 designated contests. Each winning ticket for the first Tri‑Superfecta contest must be exchanged for a free ticket on the second Tri‑Superfecta contest in order to remain eligible for the second‑half Tri‑Superfecta pool. Such tickets may be exchanged only at attended ticket windows prior to the second Tri‑Superfecta contest. Winning first‑half Tri‑Superfecta tickets will receive both an exchange and a monetary payoff. Both of the designated Tri‑superfecta contests shall be included in only one Tri‑Superfecta pool.

9.5.17.2 After wagering closes for the first‑half of the Tri‑Superfecta and commissions have been deducted from the pool, the net pool shall then be divided into 2 separate pools: the first‑half Tri‑Superfecta pool and the second‑half Tri‑Superfecta pool.

9.5.17.3 In the first Tri‑Superfecta contest only, winning tickets shall be determined using the following precedence, based upon the official order of finish for the first Tri‑Superfecta contest:

9.5.17.3.1 As a single price pool to those whose combination finished in correct sequence as the first 3 betting interests; but if there are no such wagers, then

9.5.17.3.2 As a single price pool to those whose combination included, in correct sequence, the first 2 betting interests; but if there are no such wagers, then

9.5.17.3.3 As a single price pool to those whose combination correctly selected the first‑place betting interest only; but if there are no such wagers, then

9.5.17.3.4 The entire Tri‑Superfecta pool shall be refunded on Tri‑Superfecta wagers for that contest and the second‑half shall be canceled.

9.5.17.4 If no first‑half Tri‑Superfecta ticket selects the first 3 finishers of that contest in exact order, winning ticket holders shall not receive any exchange tickets for the second‑half Tri‑Superfecta pool. In such case, the second‑half Tri‑superfecta pool shall be retained and added to any existing Tri‑Superfecta carryover pool.

9.5.17.5 Winning tickets from the first‑half of the Tri‑Superfecta shall be exchanged for tickets selecting the first 4 finishers of the second‑half of the Tri‑Superfecta. The second‑half Tri‑Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Tri‑Superfecta contest:

9.5.17.5.1 As a single price pool, including any existing carryover monies, to those whose combination finished in correct sequence as the first 4 betting interests; but if there are no such tickets, then

9.5.17.5.2 The entire second‑half Tri‑Superfecta pool for that contest shall be added to any existing carryover monies and retained for the corresponding second‑half Tri‑Superfecta pool of the next performance.

9.5.17.6 If a winning first‑half Tri‑Superfecta ticket is not presented for cashing and exchange prior to the second‑half Tri‑Superfecta contest, the ticket holder may still collect the monetary value associated with the first‑half Tri‑Superfecta pool but forfeits all rights to any distribution of the second‑half Tri‑Superfecta pool.

9.5.17.7 Coupled entries and mutuel fields shall be prohibited in Tri‑Superfecta contests.

9.5.17.8 Should a betting interest in the first‑half of the Tri‑Superfecta be scratched, those Tri‑Superfecta tickets including the scratched betting interest shall be refunded.

9.5.17.9 Should a betting interest in the second‑half of the Tri‑Superfecta be scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Tri‑Superfecta contest, the ticket holder forfeits all rights to the second‑half Tri‑Superfecta pool.

9.5.17.10 If, due to a late scratch, the number of betting interests in the second‑half of the Tri‑Superfecta is reduced to fewer than the minimum, all exchange tickets and outstanding first‑half winning tickets shall be entitled to the second‑half Tri‑Superfecta pool for that contest as a single price pool, but not the Tri‑Superfecta carryover.

9.5.17.11 If there is a dead heat or multiple dead heats in either the first‑ or second‑half of the Tri‑Superfecta, all Tri‑Superfecta tickets selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead‑heated position, shall be a winner. In the case of a dead heat occurring in:

9.5.17.11.1 The first‑half of the Tri‑Superfecta, the payoff shall be calculated as a profit split.

9.5.17.11.2 The second‑half of the Tri‑Superfecta, the payoff shall be calculated as a single price pool.

9.5.17.12 If either of the Tri‑Superfecta contests are canceled prior to the first Tri‑Superfecta contest, or the first Tri‑Superfecta contest is declared "no contest,", the entire Tri‑Superfecta pool shall be refunded on Tri‑Superfecta wagers for that contest and the second‑half shall be canceled.

9.5.17.13 If the second‑half Tri‑Superfecta contest is canceled or declared "no contest," all exchange tickets and outstanding first‑half winning Tri‑Superfecta tickets shall be entitled to the net Tri‑Superfecta pool for that contest as a single price pool, but not the Tri‑Superfecta carryover. If no there are no such tickets, the net Tri‑Superfecta pool shall be distributed as described in subsection 3 of the Tri‑Superfecta rules.

9.5.17.14 The Tri‑Superfecta carryover may be capped at a designated level approved by the Commission so that if, at the close of any performance, the amount in the Tri‑Superfecta carryover equals or exceeds the designated cap, the Tri‑Superfecta carryover will be frozen until it is won or distributed under other provisions of this rule. After the second‑half Tri‑Superfecta carryover is frozen, 100 percent of the net Tri‑Superfecta pool for each individual contest shall be distributed to winners of the first‑half of the Tri‑Superfecta pool.

9.5.17.15 A written request for permission to distribute the Tri‑Superfecta carryover on a specific performance may be submitted to the Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

9.5.17.16 Should the Tri‑Superfecta carryover be designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second‑half of the Tri‑Superfecta after completion of the first‑half of the Tri‑Superfecta:

9.5.17.16.1 As a single price pool to those whose combination finished in correct sequence as the first 4 betting interests; but if there are no such wagers, then

9.5.17.16.2 As a single price pool to those whose combination included, in correct sequence, the first 3 betting interests; but if there are no such wagers, then

9.5.17.16.3 As a single price pool to those whose combination included, in correct sequence, the first 2 betting interests; but if there are no such wagers, then

9.5.17.16.4 As a single price pool to those whose combination included, in correct sequence, the first‑place betting interest only; but if there are no such wagers, then

9.5.17.16.5 As a single price pool to holders of valid exchange tickets.

9.5.17.16.6 As a single price pool to holders of outstanding first‑half winning tickets.

9.5.17.17 Contrary to 9.5.17.4 of the Tri‑Superfecta rules, during a performance designated to distribute the Tri‑Superfecta carryover, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first‑half of the Tri‑Superfecta. If there are no wagers correctly selecting the first‑, second‑, and third‑place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first‑ and second‑place betting interests. If there are no wagers correctly selecting the first‑ and second‑place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first‑place betting interest only. If there are no wagers selecting the first‑place betting interest only in the first‑half of the Tri‑Superfecta, all first‑half tickets will become winners and will receive 100% of that days net Tri‑Superfecta pool and any existing Tri‑Superfecta carryover as a single price pool.

9.5.17.18 The Tri‑Superfecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

9.5.17.18.1 Upon written approval from the Commission as provided in subsection 15 of the Tri‑Superfecta rules.

9.5.17.18.2 Upon written approval from the Commission when there is a change in the carryover cap or when the Tri‑Superfecta is discontinued.

9.5.17.18.3 On the closing performance of the meet or split meet.

9.5.17.19 If, for any reason, the Tri‑Superfecta carryover must be held over to the corresponding Tri‑Superfecta pool of a subsequent meet, the carryover shall be deposited in an interest‑bearing account approved by the Commission. The Tri‑Superfecta carryover plus accrued interest shall then be added to the second‑half Tri‑Superfecta pool of the following meet on a date and performance so designated by the Commission.

9.5.17.20 Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of valid exchange tickets is prohibited. This shall not prohibit necessary communication between totalizator and pari-mutuel department employees for processing of pool data.

9.5.17.21 The association must obtain written approval from the Commission concerning the scheduling of Tri‑Superfecta contests, the percentages of the net pool added to the first‑half pool and second‑half pool, and the amount of any cap to be set on the carryover. Any changes to the approved Tri‑Superfecta format require prior approval from the Commission.

9.5.18 Twin Superfecta Pools

9.5.18.1 The Twin Superfecta requires selection of the first 4 finishers, in their exact order, in each of 2 designated contests. Each winning ticket for the first Twin Superfecta contest must be exchanged for a free ticket on the second Twin Superfecta contest in order to remain eligible for the second‑half Twin Superfecta pool. Such tickets may be exchanged only at attended ticket windows prior to the second Twin Superfecta contest. Winning first‑half Twin Superfecta tickets will receive both an exchange and a monetary payoff. Both of the designated Twin Superfecta contests shall be included in only 1 Twin Superfecta pool.

9.5.18.2 After wagering closes for the first‑half of the Twin Superfecta and commissions have been deducted from the pool, the net pool shall then be divided into 2 separate pools: the first‑half Twin Superfecta pool and the second‑half Twin Superfecta pool.

9.5.18.3 In the first Twin Superfecta contest only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first Twin Superfecta contest:

9.5.18.3.1 As a single price pool to those whose combination finished in correct sequence as the first 4 betting interests; but if there are no such wagers, then

9.5.18.3.2 As a single price pool to those whose combination included, in correct sequence, the first 3 betting interests; but if there are no such wagers, then

9.5.18.3.3 As a single price pool to those whose combination included, in correct sequence, the first 2 betting interests; but if there are no such wagers, then

9.5.18.3.4 As a single price pool to those whose combination correctly selected the first‑place betting interest only; but if there are no such wagers, then

9.5.18.3.5 The entire Twin Superfecta pool shall be refunded on Twin Superfecta wagers for that contest and the second‑half shall be canceled.

9.5.18.4 If no first‑half Twin Superfecta ticket selects the first 4 finishers of that contest in exact order, winning ticket holders shall not receive any exchange tickets for the second‑half Twin Superfecta pool. In such case, the second‑half Twin Superfecta pool shall be retained and added to any existing Twin Superfecta carryover pool.

9.5.18.5 Winning tickets from the first‑half of the Twin Superfecta shall be exchanged for tickets selecting the first 4 finishers of the second‑half of the Twin Superfecta. The second‑half Twin Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Superfecta contest:

9.5.18.5.1 As a single price pool, including any existing carryover monies, to those whose combination finished in correct sequence as the first 4 betting interests; but if there are no such tickets, then

9.5.18.5.2 The entire second‑half Twin Trifecta pool for that contest shall be added to any existing carryover monies and retained for the corresponding second‑half Twin Superfecta pool of the next performance.

9.5.18.6 If a winning first‑half Twin Superfecta ticket is not presented for cashing and exchange prior to the second‑half Twin Superfecta contest, the ticket holder may still collect the monetary value associated with the first‑half Twin Superfecta pool but forfeits all rights to any distribution of the second‑half Twin Trifecta pool.

9.5.18.7 Coupled entries and mutuel fields shall be prohibited in Twin Superfecta contests.

9.5.18.8 Should a betting interest in the first‑half of the Twin Superfecta be scratched, those Twin Superfecta tickets including the scratched betting interest shall be refunded.

9.5.18.9 Should a betting interest in the second‑half of the Twin Superfecta be scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Superfecta contest, the ticket holder forfeits all rights to the second‑half Twin Superfecta pool.

9.5.18.10 If, due to a late scratch, the number of betting interests in the second‑half of the Twin Superfecta is reduced to fewer than the minimum, all exchange tickets and outstanding first‑half winning tickets shall be entitled to the second‑half Twin Superfecta pool for that contest as a single price pool, but not the Twin Superfecta carryover.

9.5.18.11 If there is a dead heat or multiple dead heats in either the first‑ or second‑half of the Twin Superfecta, all Twin Superfecta tickets selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead‑heated position, shall be a winner. In the case of a dead heat occurring in:

9.5.18.11.1 The first‑half of the Twin Superfecta, the payoff shall be calculated as a profit split.

9.5.18.11.2 The second‑half of the Twin Superfecta, the payoff shall be calculated as a single price pool.

9.5.18.12 If the either of the Twin Superfecta contests are canceled prior to the first Twin Superfecta contest, or the first Twin Superfecta contest is declared "no contest," the entire Twin Superfecta pool shall be refunded on Twin Superfecta wagers for that contest and the second‑half shall be canceled.

9.5.18.13 If the second‑half Twin Superfecta contest is canceled or declared "no contest," all exchange tickets and outstanding first‑half winning Twin Superfecta tickets shall be entitled to the net Twin Superfecta pool for that contest as a single price pool, but not the Twin Superfecta carryover. If there are no such tickets, the net Twin Superfecta pool shall be distributed as described in 9.5.18.3 of the Twin Superfecta rules.

9.5.18.14 The Twin Superfecta carryover may be capped at a designated level approved by the Commission so that if, at the close of any performance, the amount in the Twin Superfecta equals or exceeds the designated cap, the Twin Superfecta carryover will be frozen until it is won or distributed under other provisions of this rule. After the second‑half Twin Superfecta carryover is frozen, 100% of the net Twin Superfecta pool for each individual contest shall be distributed to winners of the first‑half of the Twin Superfecta pool.

9.5.18.15 A written request for permission to distribute the Twin Superfecta carryover on a specific performance may be submitted to the Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

9.5.18.16 Should the Twin Superfecta carryover be designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second‑half of the Twin Superfecta after completion of the first‑half of the Twin Superfecta:

9.5.18.16.1 As a single price pool to those whose combination finished in correct sequence as the first 4 betting interests; but if there are no such wagers, then

9.5.18.16.2 As a single price pool to those whose combination included, in correct sequence, the first 3 betting interests; but if there are no such wagers, then

9.5.18.16.3 As a single price pool to those whose combination included, in correct sequence, the first 2 betting interests; but if there are no such wagers, then

9.5.18.16.4 As a single price pool to those whose combination correctly selected the first‑place betting interest only; but if there are no such wagers, then

9.5.18.16.5 As a single price pool to holders of valid exchange tickets.

9.5.18.16.6 As a single price pool to holders of outstanding first‑half winning tickets.

9.5.18.17 Contrary to 9.5.18.4 of the Twin Superfecta rules, during a performance designated to distribute the Twin Superfecta carryover, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first‑half of the Twin Superfecta. If there are no wagers correctly selecting the first‑, second‑, third‑, and fourth‑place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first‑, second‑, and third‑place betting interests. If there are no wagers correctly selecting the first‑, second‑, and third‑place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first‑ and second‑ place betting interests. If there are no wagers correctly selecting the first‑ and second‑place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first‑ place betting interest only. If there are no wagers selecting the first‑place betting interest only in the first‑half of the Twin Superfecta, all first‑half tickets will become winners and will receive 100% of that days net Twin Superfecta pool and any existing Twin Superfecta carryover as a single price pool.

9.5.18.18 The Twin Superfecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

9.5.18.18.1 Upon written approval from the Commission as provided in 9.5.18.15 of the Twin Superfecta rules.

9.5.18.18.2 Upon written approval from the Commission when there is a change in the carryover cap or when the Twin Superfecta is discontinued.

9.5.18.18.3 On the closing performance of the meet or split meet.

9.5.18.19 If, for any reason, the Twin Superfecta carryover must be held over to the corresponding Twin Superfecta pool of a subsequent meet, the carryover shall be deposited in an interest‑bearing account approved by the Commission. The Twin Superfecta carryover plus accrued interest shall then be added to the second‑half Twin Superfecta pool of the following meet on a date and performance so designated by the Commission.

9.5.18.20 Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of valid exchange tickets is prohibited. This shall not prohibit necessary communication between totalizator and pari-mutuel department employees for processing of pool data.

9.5.18.21 The Association must obtain written approval from the Commission concerning the scheduling of Twin Superfecta contests, the percentages of the net pool added to the first‑half pool and second‑half pool, and the amount of any cap to be set on the carryover. Any changes to the approved Twin Superfecta format require prior approval from the Commission.

History

• 1 DE Reg. 501 (11/01/97)
• 2 DE Reg. 1068 (01/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 1050 (02/01/08)
• 22 DE Reg. 47 (07/01/18)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 504 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 10 DE Reg. 980 (12/01/06)
• 14 DE Reg. 894 (03/01/11)
• 1 DE Reg. 504 (11/01/97))
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1764 (04/01/99)
• 4 DE Reg. 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 1512 (05/01/04)
• 10 DE Reg. 1421 (03/01/07)
• 11 DE Reg. 308 (09/01/07)
• 14 DE Reg. 1338 (06/01/11)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 467 (12/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 1 DE Reg. 502 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 308 (09/01/07)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 502 (11/01/97)
• 5 DE Reg. 832 (10/01/01)
• 10 DE Reg. 1422 (03/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 14 DE Reg. 23 (07/01/10)
• 14 DE Reg. 894 (03/01/11)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 47 (07/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 2 DE Reg. 1241 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg. 1520 (05/01/00)
• 4 DE Reg. 1123 (01/01/01)
• 4 DE Reg. 1652 (04/01/01)
• 5 DE Reg. 1691 (03/01/02)
• 6 DE Reg. 862 (01/01/03)
• 7 DE Reg. 1512 (05/01/04)
• 11 DE Reg. 308 (09/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 666 (11/01/08)
• 16 DE Reg. 282 (09/01/12)
• 16 DE Reg. 754 (01/01/13)
• 17 DE Reg. 1060 (05/01/14)
• 21 DE Reg. 563 (01/01/18)
• 22 DE Reg. 47 (07/01/18)
• 24 DE Reg. 662 (01/01/21)
• 24 DE Reg. 942 (04/01/21)
• 1 DE Reg. 923 (01/01/98)
• 2 DE Reg. 684 (10/01/98)
• 2 DE Reg. 1764 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg 1520 (05/01/00)
• 4 DE Reg 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 42 (07/01/03)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 1074 (02/01/09)
• 13 DE Reg. 841 (12/01/09)
• 14 DE Reg. 553 (12/01/10)
• 15 DE Reg. 1322 (03/01/12)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 17 DE Reg. 1060 (05/01/14)
• 18 DE Reg. 466 (12/01/14)
• 18 DE Reg. 781 (04/01/15)
• 19 DE Reg. 1077 (06/01/16)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 25 DE Reg. 693 (01/01/22)
• 27 DE Reg. 697 (06/01/24)
• 12 DE Reg. 1305 (04/01/09)

3 Del. Admin. Code § 501-10.0 Due Process and Disciplinary Action

10.1 General Provisions. This chapter contains the rules of procedure for judges' hearings, and for Commission proceedings.

10.2 Proceedings by Presiding Judge or Judges

10.2.1 Rights of the Licensee. A person who is the subject of the disciplinary hearing conducted by the judges is entitled to:

10.2.1.1 Proper notice of all charges;

10.2.1.2 Confront the evidence presented, including:

10.2.1.2.1 The right to counsel at the person's expense;

10.2.1.2.2 The right to examine all evidence to be presented against him;

10.2.1.2.3 The right to present a defense;

10.2.1.2.4 The right to call witnesses; and

10.2.1.2.5 The right to cross examine witnesses.

10.2.1.3 Waive any of the above rights.

10.2.2 Complaints

10.2.2.1 A complaint must be in writing and filed with the presiding judge or judges within 30 days after the action that is the subject of the complaint.

10.2.2.2 On their own motion or on receipt of a complaint from an official or other person regarding the actions of a licensee, the presiding judge or judges may conduct an inquiry and disciplinary hearing regarding a licensee's actions.

10.2.3 Summary Suspension

10.2.3.1 If the Board of Judges determines that a licensee's actions, other than those of a licensed association, constitute an immediate danger to the public health, safety or welfare, the Board of Judges, may summarily suspend the license pending a hearing.

10.2.3.2 A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the third racing day after the license was summarily suspended. The licensee may waive his right to a hearing on the summary suspension within the 3‑day limit.

10.2.3.3 The Board of Judges shall conduct a hearing on a summary suspension in the same manner as other disciplinary hearings. At a hearing on a summary suspension, the sole issue is whether the licensee's license should remain suspended pending a final disciplinary hearing and ruling.

10.2.4 Notice

10.2.4.1 Except as provided by these rules regarding summary suspensions, the Board of Judges shall provide written notice at least 24 hours before the hearing to a person who is the subject of a disciplinary hearing. The person may waive his right to 24-hour notice by executing a written waiver.

10.2.4.2 Notice given under this section must include:

10.2.4.2.1 A statement of the time, place and nature of the hearing;

10.2.4.2.2 A reference to the particular sections of the statutes or rules involved; and

10.2.4.2.3 A short, plain description of the alleged conduct that has given rise to the disciplinary hearing.

10.2.4.3 If possible, the Board of Judges or their designee shall hand deliver the written notice of the disciplinary hearing to the person who is the subject of the hearing. If hand delivery is not possible, the Board of Judges shall mail the notice to the person's last known address, as found in the Commission's licensing files, by regular mail and by certified mail, return receipt requested. If the disciplinary hearing involves an alleged medication violation that could result in the disqualification of a horse, the Board of Judges shall provide written or oral notice of the hearing to the owner, managing owner or lessee of the horse. Oral notice of any hearing shall suffice upon attestation by the Board of Judges that such notice was given the person who is the subject of the hearing.

10.2.4.4 Nonappearance of a summoned party after adequate notice shall be construed as a waiver of the right to a hearing before the Board of Judges. The Board of Judges may suspend the license of a person who fails to appear at a disciplinary hearing after written or oral notice of the hearing has been sent or delivered in compliance with this subsection.

10.2.5 Continuances

10.2.5.1 Upon receipt of a notice, a person may request a continuance of the hearing.

10.2.5.2 The Board of Judges may grant a continuance of any hearing for good cause shown.

10.2.5.3 The Board of Judges may at any time order a continuance on their own motion.

10.2.6 Evidence

10.2.6.1 Each witness at a disciplinary hearing conducted by the Board of Judges must be sworn by the presiding judge.

10.2.6.2 The Board of Judges shall allow a full presentation of evidence and are not bound by the technical rules of evidence. However, the Board of Judges may disallow evidence that is irrelevant or unduly repetitive of other evidence. The Board of Judges shall have the authority to determine, in their sole discretion, the weight and credibility of any evidence and/or testimony. The Board of Judges may admit hearsay evidence if it determines the evidence is of a type that is commonly relied on by reasonably prudent people. The rules of privilege recognized by Delaware law apply in hearings before the Board of Judges.

10.2.6.3 The burden of proof is on the person bringing the complaint to show, by a preponderance of the evidence, that the licensee has violated or is responsible for a violation of the Act or a Commission rule.

10.2.6.4 The Board of Judges may make a tape recording of a disciplinary hearing. A copy or a transcript of the recording may be made available at the expense of the requesting person.

10.2.7 Ruling

10.2.7.1 The issues at a disciplinary hearing shall be decided by a majority vote of the Board of Judges.

10.2.7.2 A ruling by the Board of Judges must be on a form prescribed by the Commission and include:

10.2.7.2.1 The full name, year of birth and license type of the person who is the subject of the hearing;

10.2.7.2.2 A statement of the charges against the person, including a reference to the specific section of the Act or rules of the Commission that the licensee is found to have violated;

10.2.7.2.3 The date of the hearing and the date the ruling was issued;

10.2.7.2.4 The penalty imposed;

10.2.7.2.5 Any changes in the order of finish or purse distribution;

10.2.7.2.6 Other information required by the Commission; and

10.2.7.2.7 The right to appeal to the Commission.

10.2.7.3 A ruling must be signed by the presiding judge on behalf of the Board of Judges.

10.2.7.4 Upon request, the Board of Judges or their designee shall hand deliver or mail a copy of the ruling to the person who is the subject of the ruling. If hand delivery is not possible, the Board of Judges shall mail the ruling to the person's last known address, as found in the Commission's licensing files, by regular mail. A copy of the ruling shall be sent to the Association of Racing Commissioners International, and if the ruling includes the disqualification of a horse, the Board of Judges shall provide a copy of the ruling to the horsemen's bookkeeper, breed registry(ies) and other regulatory agencies, and shall notify the United States Trotting Association, in the manner provided by this subsection.

10.2.7.5 At the time the Board of Judges informs a person who is the subject of the proceeding of the ruling, it shall inform the person of the person's right to appeal the ruling to the Commission.

10.2.7.6 All fines imposed by the Board of Judges shall be paid to the Commission within 10 days after the ruling is issued, unless otherwise ordered.

10.2.8 Effect of Rulings

10.2.8.1 Rulings against a licensee apply to another person if continued participation in an activity by the other person would circumvent the intent of a ruling by permitting the person to serve, in essence, as a substitute for the ineligible licensee.

10.2.8.2 The transfer of a horse to avoid application of a Commission rule or ruling is prohibited.

10.2.8.3 The horses of a trainer issued a full suspension (or under appeal of a full suspension) shall not be transferred for the purposes of training to a spouse, family member, assistant, current employee/employer, or household member. All trainer and owner transfers of horses from parties under a full suspension (or parties under appeal of a full suspension) to other owners or trainers must be approved by the DHRC judges or the DHRC Administrator. (See also 5.2.1.6 - 5.3.3.6.)

10.2.9 Appeals

10.2.9.1 A person aggrieved by a ruling of the Board of Judges, or the Administrator of the Breeder’s Program may appeal to the Commission except as provided in subsection 10.2.9.6. A person who fails to file an appeal by the deadline in the form required by this section waives the right to appeal. Appeals of decisions to deny or suspend registrations by the Administrator of the Breeder’s Program may be appealed to the Delaware Harness Racing Commission within 30 days of the action by the Administrator of the Breeder’s Program, subject to the same rules and procedures for handling appeals under these Rules. For purposes of appeals from decisions of the Administrator of the Breeder’s Program, the Commission will take official notice of the rules and regulations enacted by the Delaware Standardbred Breeders’ Fund.

10.2.9.2 An appeal under this section must be filed with the Presiding Judge not later than 4 business days after the publishing of the ruling. The appeal must be accompanied by a deposit in the amount of $400, or an amount as determined by the Commission from time to time, plus an amount to be determined from time to time by the Commission for the cost of the court reporter’s fee’s and attendance plus the costs for providing notice of the appeal. In no event shall the deposit for the appeal be refunded.

10.2.9.3 An appeal must be in writing on a form prescribed by the Commission. The appeal must include:

10.2.9.3.1 The name, address, telephone number and signature of the person making the appeal; and

10.2.9.3.2 A statement of the basis for the appeal.

10.2.9.4 On notification by the Commission that an appeal has been filed, the Board of Judges shall forward to the Commission the record of the proceeding on which the appeal is based.

10.2.9.5 If a person against whom a fine has been assessed timely files an appeal of the ruling that assesses the fine, the person need not immediately pay the fine in accordance with these rules.

10.2.9.6 A notice of appeal filed with the Commission pursuant to these rules may be accompanied by a request for a stay pending a final decision by the Commission. In his discretion the presiding judge may approve such stay requests unless he determines that granting the stay would be adverse to the best interests of racing or inimical to the integrity of the sport. If the presiding judge denies a stay request, the appellant may submit a written request to the Commission, in which case the Chairman of the Commission in his discretion may grant or deny the request.

10.3 Proceedings by the Commission

10.3.1 Party Designations

10.3.1.1 A person who is the subject of a disciplinary hearing, who filed an appeal from a Board of Judges’s ruling, or who otherwise seeks relief from the Commission, is a party to that proceeding.

10.3.1.2 A party to a proceeding has the right to present a direct case, cross-examine each witness, submit legal arguments and otherwise participate fully in the proceeding.

10.3.1.3 A party summoned to appear at a hearing must appear unless he is excused by the Commission presiding officer. Parties may appear with counsel licensed to practice law in Delaware, or, with the Commission's approval, counsel licensed to practice law in another jurisdiction provided that such out-of-state counsel associates with a Delaware attorney.

10.3.1.4 A non‑party to a proceeding who wishes to appear in a contested case pending before the Commission must prove that he has an effected interest sufficient to create standing in the case. The burden of proof is on the party asserting standing in such a contested case.

10.3.2 Notice

10.3.2.1 Not less than 7 days before the date set for a hearing, the Commission shall serve written or oral notice on each party of record to the proceeding. The person may waive his right to said notice by executing a written waiver. Oral notice shall suffice upon attestation by the presiding judge or other process server that he personally gave such notice to the person who is the subject of the hearing.

10.3.2.2 If hand delivery or oral notice by the presiding judge is not possible, the Commission shall mail the notice to the person's last known address, as found in the Commission's licensing files, by regular mail and by personal service or certified mail, return receipt requested.

10.3.2.3 A notice of the hearing must include:

10.3.2.3.1 A statement of time, place and nature of the hearing;

10.3.2.3.2 A reference to the particular sections of the statutes and rules involved; and

10.3.2.3.3 A short, plain statement of the matters asserted.

10.3.2.4 If the Commission determines that a material error has been made in a notice of hearing, or that a material change has been made in the nature of a proceeding after notice has been issued, the Commission shall issue a revised notice.

10.3.2.5 A party to a proceeding may move to postpone the proceeding. Unless waived by the Commission, the motion must be in writing, set forth the specific grounds on which it is sought and be filed with the Commission before the date set for hearing. If the person presiding over the proceeding grants the motion for postponement, the Commission shall cause new notice to be issued.

10.3.2.6 After a hearing has begun, the presiding officer may grant a continuance on oral or written motion, without issuing new notice, by announcing the date, time and place for reconvening the hearing before recessing the hearing.

10.3.3 Subpoenas

10.3.3.1 A member of the Commission, the Administrator of Racing, the Board of Judges, the Commission investigator, or the presiding officer of a Commission proceeding or other person authorized to perform duties under the Act may require by subpoena the attendance of witnesses and the reproduction of books, records, papers, correspondence and other documents.

10.3.3.2 The presiding officer of a Commission proceeding or other person authorized by the Commission may administer an oath or affirmation to a witness appearing before the Commission or a person authorized by the Commission.

10.3.3.3 Each party is responsible for proper service of any subpoenas it requests and for the payment of witness fees and expenses as provided by Delaware law.

10.3.3.4 On written request by a party, the presiding officer may issue a subpoena addressed to a sheriff or any constable to require the attendance of witnesses and the production of books, records, papers or other objects as may be necessary and proper for the purposes of a proceeding. A motion for a subpoena to compel the production of books, records, papers or other objects shall be addressed to the appropriate person, shall be verified and shall specify the books, records, papers or other objects desired and the relevant and material facts to be proved by them.

10.3.4 Conferences

10.3.4.1 On written notice, the presiding officer may, on the officer's own motion or on the motion of a party, direct each party to appear at a specified time and place for a prehearing conference to formulate issues and consider any of the following:

10.3.4.1.1 Simplifying issues;

10.3.4.1.2 Amending the pleadings;

10.3.4.1.3 Making admissions of fact or stipulations to avoid the unnecessary introduction of proof;

10.3.4.1.4 Designating parties;

10.3.4.1.5 Setting the order of procedure at a hearing;

10.3.4.1.6 Identifying and limiting the number of witnesses;

10.3.4.1.7 Resolving other matters that may expedite or simplify the disposition of the controversy, including settling issues in dispute; and

10.3.4.1.8 Identifying provisions and mandates of statute or rules relating to the issues.

10.3.4.2 The presiding officer shall record the action taken at the prehearing conference unless the parties enter into a written agreement as to the action. The presiding officer may enter appropriate orders concerning prehearing discovery, stipulations of uncontested matters, presentation of evidence and scope of inquiry.

10.3.4.3 During a hearing, on written notice or notice stated into the record, the presiding officer may direct each party or the representative of each party to appear for a conference to consider any matter that may expedite the hearing and serve the interests of justice. The presiding officer shall prepare a written statement regarding the action taken at the conference and the statement must be signed by each party and made a part of the record.

10.3.5 Reporters and Transcripts

10.3.5.1 If necessary, the Commission shall engage a court reporter to make a stenographic record of a hearing. If there are multiple parties, the Commission may allocate the cost of the reporter and transcript among the parties.

10.3.5.2 If a person requests a transcript of the stenographic record, the Commission may assess the cost of preparing the transcript to the person.

10.3.5.3 A party may challenge an error made in transcribing a hearing by noting the error in writing and suggesting a correction not later than 10 days after the date the transcript is filed with the Commission. The party claiming errors shall serve a copy of the suggested corrections on each party of record, the court reporter and the presiding officer. If proposed corrections are not objected to before the tenth day after the date the corrections were filed with the Commission, the presiding officer may direct that the suggested corrections be made and the manner of making them. If the parties disagree on the suggested corrections, the presiding officer shall determine whether to change the record.

10.3.6 Nature of Hearings

10.3.6.1 An appeal from a decision of the Board of Judges shall be de novo (a new hearing shall be held with all evidence, testimony and argument to be presented at the new hearing).

10.3.6.2 A hearing in a Commission proceeding is open to the public, provided, however, that witnesses may be sequestered.

10.3.6.3 Unless precluded by law or objected to by a party, the Commission may allow informal disposition of a proceeding without a hearing. Informal disposition includes disposition by stipulation, agreed settlement, consent order and default.

10.3.7 Presiding Officers

10.3.7.1 A member of the Commission, the Administrator of Racing, or a Commission appointee may serve as the presiding officer for a Commission proceeding.

10.3.7.2 The presiding officer may:

10.3.7.2.1 Issue subpoenas to compel the attendance of witnesses and the production of papers and documents;

10.3.7.2.2 Administer oaths;

10.3.7.2.3 Receive evidence;

10.3.7.2.4 Rule on the admissibility of evidence;

10.3.7.2.5 Examine witnesses;

10.3.7.2.6 Set reasonable times within which a party may present evidence and within which a witness may testify;

10.3.7.2.7 Permit and limit oral argument;

10.3.7.2.8 Issue interim orders;

10.3.7.2.9 Recess a hearing from day to day and place to place;

10.3.7.2.10 Request briefs before or after the presiding officer files a report or proposal for decision;

10.3.7.2.11 Propose findings of fact and conclusions of law;

10.3.7.2.12 Propose orders and decisions; and

10.3.7.2.13 Perform other duties necessary to a fair and proper hearing.

10.3.7.3 A person serving as the presiding officer of a proceeding must be a disinterested party to the proceeding.

10.3.8 Order of Hearing

10.3.8.1 The presiding officer shall open the hearing, make a concise statement of its scope and purposes and announce that a record of the hearing is being made.

10.3.8.2 When a hearing has begun, a party or a party's representative may make statements off the record only as permitted by the presiding officer. If a discussion off the record is pertinent, the presiding officer shall summarize the discussion for the record.

10.3.8.3 Each appearance by a party, a party's representative or a person who may testify must be entered on the record.

10.3.8.4 The presiding officer shall receive motions and afford each party of record an opportunity to make an opening statement.

10.3.8.5 Except as otherwise provided by this subsection, the party with the burden of proof is entitled to open and close. The presiding officer shall designate who may open and close in a hearing on a proceeding if the proceeding was initiated by the Commission or if several proceedings are heard on a consolidated record.

10.3.8.6 After opening statements, the party with the burden of proof may proceed with the party's direct case. Each party may cross examine each witness.

10.3.8.7 After the conclusion of the direct case of the party having the burden of proof, each other party may present their direct case and their witnesses will be subject to cross examination.

10.3.8.8 The members of the Commission and/or the presiding officer may examine any witnesses.

10.3.8.9 At the conclusion of all evidence and cross examination, the presiding officer shall allow closing statements.

10.3.8.10 Before issuing a decision, the Commission or the presiding officer may call on a party for further relevant and material evidence on a issue. The Commission or the presiding officer may not consider the evidence or allow it into the record without giving each party an opportunity to inspect and rebut the evidence.

10.3.9 Behavior

10.3.9.1 Each party, witness, attorney or other representative shall behave in all Commission proceedings with dignity, courtesy and respect for the Commission, the presiding officer and all other parties and participants.

10.3.9.2 An individual who violates this section may be excluded from a hearing by the presiding officer.

10.3.10 Evidence

10.3.10.1 All testimony must be given under oath administered by the presiding officer. The presiding officer may limit the number of witnesses and shall exclude all irrelevant, immaterial or unduly repetitious evidence.

10.3.10.2 The presiding officer is not bound by the Rules of Evidence, but the rules of privilege recognized by law in Delaware apply in Commission proceedings.

10.3.10.3 A party may object to offered evidence and the objection shall be noted in the record. A party, at the time an objection is made or sought, shall make known to the presiding officer the action the party desires. Formal exceptions to rulings by the presiding officer during a hearing are unnecessary.

10.3.10.4 When the presiding officer rules to exclude evidence, the party offering the evidence may make an offer of proof by dictating or submitting in writing the substance of the proposed evidence, before the closing of the hearing. The offer of proof preserves the point for review. The presiding officer may ask a witness or offered witness questions necessary to indicate that the witness would testify as represented in the offer of proof. An alleged error in sustaining an objection to questions asked on cross examination is preserved without making an offer of proof.

10.3.10.5 The presiding officer may take official notice of judicially cognizable facts and of facts generally recognized within the area of the Commission's specialized knowledge. The Commission shall notify each party of record before the final decision in a proceeding of each specific fact officially noticed, including any facts or other data in staff memoranda. A party must be given an opportunity to rebut the facts to be noticed.

10.3.10.6 The special skills and knowledge of the Commission, the Commission staff, and the officials of the Commission may be used in evaluating the evidence.

10.3.10.7 The presiding officer may receive documentary evidence in the form of copies or excerpts if the original is not readily available. On request, the presiding officer shall allow a party to compare the copy with the original. If many similar documents are offered in evidence, the presiding officer may limit the documents admitted to a number which are representative of the total number, or may require that the relevant data be abstracted from the documents and presented as an exhibit. If the presiding officer requires an abstract, the presiding officer shall allow each party or the party's representative to examine the documents from which the abstracts are made.

10.3.10.8 The presiding officer may require prepared testimony in a hearing if the presiding officer determines that it will expedite the hearing without substantially prejudicing the interests of a party. Prepared testimony consists of any document that is intended to be offered as evidence and adopted as sworn testimony by a witness who prepared the document or supervised its preparation. A person who intends to offer prepared testimony at a hearing shall prefile the testimony with the Commission on the date set by the presiding officer and shall serve a copy of the prepared testimony on each party of record. The presiding officer may authorize the late filing of prepared testimony on a showing of extenuating circumstances. The prepared testimony of a witness may be incorporated into the record as if read or received as an exhibit, on the witness being sworn and identifying the writing as a true and accurate record of what the testimony would be if the witness were to testify orally. The witness is subject to clarifying questions and to cross examination and the prepared testimony is subject to a motion to strike either in whole or in part.

10.3.10.9 The party offering an exhibit shall tender the original of the exhibit to the presiding officer for identification. The party shall furnish one copy to the presiding officer and one copy to each party of record. A document received in evidence may not be withdrawn except with the permission of the presiding officer. If an exhibit has been offered, objected to and excluded and the party offering the exhibit withdraws the offer, the presiding officer shall return the exhibit to the party. If the party does not withdraw the offered exhibit, the exhibit shall be numbered for identification, endorsed by the presiding officer with the ruling on the exhibit and included in the record to preserve the exception.

10.3.10.10 The presiding officer may allow a party to offer an exhibit in evidence after the close of the hearing only on a showing of extenuating circumstances and a certificate of service on each party of record.

10.3.11 Findings of Fact and Conclusions of Law

10.3.11.1 The presiding officer may direct any party to draft and submit proposed findings of fact and conclusions of law or a proposal for decision. The presiding officer may limit the request for proposed findings to a particular issue of fact.

10.3.11.2 Proposed findings of fact submitted under this section must be supported by concise and explicit statements of underlying facts developed from the record with specific reference to where in the record the facts appear.

10.3.11.3 Only if the presiding officer requires the filing of proposed findings of fact or a proposal for decision is the Commission required to rule on the proposed findings of fact. If a party is permitted but not required to submit proposed findings or a proposal for decision, the Commission is not required to rule on the party's proposed findings.

10.3.12 Dismissal. On its own motion or a motion by a party, the presiding officer may dismiss a proceeding, with or without prejudice, under conditions and for reasons that are just and reasonable, including:

10.3.12.1 Failure to timely pay all required fees to the Commission;

10.3.12.2 Unnecessary duplication of proceedings;

10.3.12.3 Withdrawal;

10.3.12.4 Moot questions or obsolete petitions; and

10.3.12.5 Lack of jurisdiction.

10.3.13 Orders

10.3.13.1 Except as otherwise provided by these rules, the Commission shall issue a final order not later than 60 days after the conclusion of the hearing. A final order of the Commission must be in writing and be signed by a majority of the members of the Commission who voted in favor of the action taken by the Commission. A final order must comply with the requirements of §10128 of the Administrative Procedures Act, and include a brief summary of the evidence, findings of fact based upon the evidence, conclusions of law, and other conclusions required by the Act or by these Rules, and a concise statement of the Commission's determination or action on the matter.

10.3.13.2 The Commission staff shall mail or deliver a copy of the order to each party or the party's representative.

10.3.13.3 A final order of the Commission takes effect on the date the order is issued, unless otherwise stated in the order.

10.3.13.4 If the Commission finds that an imminent peril to the public health, safety or welfare requires an immediate final order in a proceeding, the Commission shall recite that finding in the order in addition to reciting that the order is final from the date issued. An order issued under this subsection is final and appealable from the date issued and a motion for rehearing is not a prerequisite to appeal.

10.3.14 Ex Parte Communications

10.3.14.1 No Commission member may discuss the merits of a matter which is pending before the Commission prior to a formal hearing, or between the hearing and announcement of the Commission's final decision.

10.3.14.2 The Administrative Procedure Act, Title 29 of the Delaware Code, Section 10129, pertaining to ex parte communications, is hereby incorporated by reference.

10.3.15 Appeals. Within 15 days after service of a final adjudication or order of the Commission, or the imposing of a monetary fine, or of an order of the Commission refusing a petition for rehearing or reconsideration, or of an order following a rehearing or reconsideration, any party shall have the right to appeal therefrom to the Superior Court of the State of Delaware, in the manner provided by law and the Rules of that Court.

10.4 Rulings in Other Jurisdictions

10.4.1 Reciprocity. The Board of Judges shall honor rulings from other pari-mutuel jurisdictions regarding license suspensions, revocation or eligibility of horses.

10.4.2 Appeals of Reciprocal Rulings

10.4.2.1 Persons subject to rulings in other jurisdictions shall have the right to request a hearing before the Commission to show cause why such ruling should not be enforced in Delaware.

10.4.2.2 Any request for such hearing must clearly set forth in writing the reasons for the appeal.

10.5 Attorneys and Pro hac vice admission

10.5.1 Only active members of the Delaware Bar and attorneys admitted pro hac vice pursuant to Rule 10.5.2 may represent any person or otherwise provide legal advice or services at any location licensed by the Commission with respect to matters involving the judges or Commission. Representing a person or otherwise providing legal advice or services means providing any legal service for any other person, firm or corporation, with or without compensation, or providing professional legal advice or services where there is a client relationship of trust or reliance, including acting as an advocate in a representative capacity; drafting pleadings or other documents; or performing any act in such capacity in connection with a prospective or pending proceeding before the judges, any employee of the Commission or Commission.

10.5.2 Members of the bar of any other state, district or territory of the United States may be admitted to practice pro hac vice, in compliance with Delaware Supreme Court Rule 72. The out-of-state attorney must have the admission pro hac vice granted by the Commission prior to representing a person or otherwise providing legal advice or services as contemplated by these rules.

10.5.3 Admission pro hac vice under this rule is discretionary with the Commission. The Commission is not obligated to admit an applicant pro hac vice nor is the Commission bound by a prior decision to admit an applicant pro hac vice. Admission pro hac vice may be revoked by the Commission in accordance with Delaware Supreme Court Rule 62. Admission pro hac vice will be denied or, if granted, will be revoked if the Commission determines that the process is being used to circumvent the normal requirements for the admission of attorneys to the practice of law in Delaware. Absent good cause shown, the Commission has determined that more than one appearance within a 365-day period indicates that the non-Delaware attorney is engaging in a regular practice of law in Delaware and admission pro hac vice will be denied to prevent such situations.

10.5.4 An out-of-state attorney rendering services in Delaware in compliance with this rule or here for other reasons is not authorized by anything in this rule to hold himself or herself out, to non-lawyers who have not requested the out-of-state lawyer's presence, as available to assist in potential suits. Nothing in this rule authorizes out-of-state attorneys to solicit, advertise, or otherwise hold themselves out in publications directed solely to this state as available to assist in litigation in Delaware.

History

• 1 DE Reg. 501 (11/01/97)
• 2 DE Reg. 1068 (01/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 1050 (02/01/08)
• 22 DE Reg. 47 (07/01/18)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 504 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 10 DE Reg. 980 (12/01/06)
• 14 DE Reg. 894 (03/01/11)
• 1 DE Reg. 504 (11/01/97))
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1764 (04/01/99)
• 4 DE Reg. 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 1512 (05/01/04)
• 10 DE Reg. 1421 (03/01/07)
• 11 DE Reg. 308 (09/01/07)
• 14 DE Reg. 1338 (06/01/11)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 467 (12/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 1 DE Reg. 502 (11/01/97)
• 2 DE Reg. 1240 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 5 DE Reg. 832 (10/01/01)
• 11 DE Reg. 308 (09/01/07)
• 26 DE Reg. 831 (04/01/23)
• 1 DE Reg. 502 (11/01/97)
• 5 DE Reg. 832 (10/01/01)
• 10 DE Reg. 1422 (03/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 14 DE Reg. 23 (07/01/10)
• 14 DE Reg. 894 (03/01/11)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 22 DE Reg. 47 (07/01/18)
• 26 DE Reg. 831 (04/01/23)
• 27 DE Reg. 967 (06/01/24)
• 2 DE Reg. 1241 (01/01/99)
• 2 DE Reg. 1765 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg. 1520 (05/01/00)
• 4 DE Reg. 1123 (01/01/01)
• 4 DE Reg. 1652 (04/01/01)
• 5 DE Reg. 1691 (03/01/02)
• 6 DE Reg. 862 (01/01/03)
• 7 DE Reg. 1512 (05/01/04)
• 11 DE Reg. 308 (09/01/07)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 666 (11/01/08)
• 16 DE Reg. 282 (09/01/12)
• 16 DE Reg. 754 (01/01/13)
• 17 DE Reg. 1060 (05/01/14)
• 21 DE Reg. 563 (01/01/18)
• 22 DE Reg. 47 (07/01/18)
• 24 DE Reg. 662 (01/01/21)
• 24 DE Reg. 942 (04/01/21)
• 1 DE Reg. 923 (01/01/98)
• 2 DE Reg. 684 (10/01/98)
• 2 DE Reg. 1764 (04/01/99)
• 3 DE Reg. 432 (09/01/99)
• 3 DE Reg 1520 (05/01/00)
• 4 DE Reg 336 (08/01/00)
• 5 DE Reg. 832 (10/01/01)
• 7 DE Reg. 42 (07/01/03)
• 11 DE Reg. 1050 (02/01/08)
• 12 DE Reg. 1074 (02/01/09)
• 13 DE Reg. 841 (12/01/09)
• 14 DE Reg. 553 (12/01/10)
• 15 DE Reg. 1322 (03/01/12)
• 16 DE Reg. 1169 (05/01/13)
• 17 DE Reg. 1059 (05/01/14)
• 17 DE Reg. 1060 (05/01/14)
• 18 DE Reg. 466 (12/01/14)
• 18 DE Reg. 781 (04/01/15)
• 19 DE Reg. 1077 (06/01/16)
• 22 DE Reg. 467 (12/01/18)
• 23 DE Reg. 556 (01/01/20)
• 25 DE Reg. 693 (01/01/22)
• 27 DE Reg. 697 (06/01/24)
• 12 DE Reg. 1305 (04/01/09)

502 Standardbred Breeders' Fund Regulations

3 Del. Admin. Code § 502-1.0 Introduction

1.1 These regulations are authorized pursuant to 3 Del.C. §10081(c), which established authority of the Delaware Standardbred Breeders' Program (herein "the Program") to promulgate rules and regulations as deemed necessary or appropriate to implement or clarify the statutes related to the Standardbred Breeder's Program Fund, to include Standardbred horses that are:

1.1.1 Bred in a manner prescribed in Section 2.0;

1.1.2 The product of a registered Delaware stallion;

1.1.3 Registered and whose sire is registered with the Administrator of the Program; and,

1.1.4 Listed in the registry books.

1.2 Horses eligible to race in Delaware Standardbred Breeders’ Fund Program races shall include the foal of any registered Delaware sire standing at a Delaware breeding farm. A registered Delaware sire is one that stands the full season on a breeding farm located in Delaware. If a registered Delaware sire is leased, a copy of such lease shall be filed with the United States Trotting Association and the Administrator of the Delaware Standardbred Breeders' Fund Program.

1.3 The Board of the Delaware Standardbred Breeders’ Program (herein "the Board") is authorized to do all that is reasonable and necessary for the proper administration of the Program and shall prepare, issue and promulgate rules and regulations providing for:

1.3.1 Classes and divisions of races, eligibility of horses and owners therefor and purses and bonuses to be awarded;

1.3.2 Nominating, sustaining and entry fees on horses and races;

1.3.3 Such temporary programs including eligibility of horses, breeding, and other matters as may be necessary to make the Program operable as soon as possible;

1.3.4 Registration and certification of Delaware stallions, mares bred to such stallions and foals produced thereby; and,

1.3.5 Such other matters as the board determines to be necessary and appropriate for the proper administration and implementation of the Program.

1.4 The funds for the Program and any nominating, sustaining and entry fees provided for herein shall be administered by the Delaware Department of Agriculture by deposit in a trust account entitled Delaware Standardbred Breeders' Fund.

1.4.1 The Board of the Delaware Standardbred Breeders’ Program shall approve an annual budget including the payment of purses and awards, cost of administration, reimbursement of expenses of members of the Board, promotional expenses, and any other appropriate expenses.

1.4.2 The budget shall be administered by the Secretary of Agriculture or the Secretary's designee in consultation with the Board and in a manner consistent with state laws and procedures.

1.4.3 A report shall be prepared and filed annually by the Secretary of Agriculture with the Delaware Harness Racing Commission and the Board of the Breeders’ Program Fund setting forth an itemization of all deposits to and expenditures from said fund.

1.5 Races in the Program shall be contested at each licensed harness track in the State of Delaware. Purses and awards for program races, shall be in compliance with the rules and regulations of the Board and the Delaware Harness Racing Commission.

1.6 The Board can propose to amend these regulations by the affirmative vote of 8 of its 11 members. Changes to the rules of eligibility for the Program will be effective at the beginning of the next breeding season and the corresponding racing season.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-2.0 Definitions

The following words and terms, when used in this part for purposes of the Delaware Standardbred Breeders’ Fund Program, have the following meanings, unless the context clearly indicates otherwise. Such definitions shall not affect the use of that term by the Delaware Harness Racing Commission for purposes other than for the Breeders’ Fund Program.

“Bred” means any form of insemination inside the State of Delaware by a Delaware sire, including insemination using semen transported within the State of Delaware, provided that such semen is not frozen or desiccated in any way or at any time. Bred shall also refer to foals of mares bred outside the State of Delaware by a Delaware sire through interstate semen transportation when such semen is not frozen or desiccated in any way or at any time, provided that owners of mares that produce foals from Delaware sires eligible for this program that are bred through interstate semen transportation shall not be eligible for bonuses paid to owners of mares under the Delaware Standardbred Breeders’ Program set forth in Section 4.0 herein. This qualification shall also apply to the same mare owners and official owners or legal entities of record, of 4 year olds beginning in 2012.

“Breeder” means the owner of the dam at the time of breeding.

“Breeding season” is the season during which reproduction occurs and which runs from February 1st to August 1st of the calendar year.

“Delaware-bred horse” means a standardbred by a Delaware sire and registered with the Administrator by May15th of the yearling year.

“Delaware resident” means a person as defined in 3 Del.C. §10032.

“Delaware sire” means a standardbred stallion that regularly stands for a breeding season in Delaware and is registered with the Administrator of the Delaware Standardbred Breeders’ Fund Program. A Delaware sire may be: 1) owned by a resident of the State of Delaware if it stands for the entire breeding season in the State of Delaware; or 2) owned or leased by a resident of a state other than Delaware if it stands for the entire breeding season in the State of Delaware.

“Owner” means any person or legal entity listed on the horse’s registration papers as the official owner at the time of the race.

“Registrant” is a horse owner, the horse owner’s agent of record or trainer of record, or the lessee of a horse.

“Satisfactory Performance Line” means the path of the standardbred on the racetrack as charted by the licensed charter at Dover Downs or Harrington Raceway during which the horse does not break stride for any reason.

“Stand” means that a Delaware sire is available for reproductive services.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-3.0 Eligibility for Delaware-bred Races

3.1 To be eligible for races under the Program for race year 2004, the horse shall be a Delaware sired 2-year old registered with the Administrator by May 15th of its yearling year or a 3-year old product of a 100% wholly owned mare at the time of breeding through foaling by a Delaware resident, which mare shall have been registered with the Department of Agriculture by March 1, 2000 and said 3-year old registered with the Administrator by May 15th of its yearling year.

3.2 To be eligible for races under the Program for race year 2005 and thereafter, the horse shall be a Delaware sired 2 or 3-year old registered with the Administrator by May 15th of its yearling year.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-4.0 Eligibility of Breeders for Bonus Payments

4.1 Bonus payments of 8% of money earned in the Program by a foal shall be paid to the owner of the mare at the time of breeding that is bred to Delaware sires to produce that foal. Bonus payments of 2% of money earned in the Program by a foal shall be paid to owners of stallions standing in Delaware. In order for a Delaware-bred horse to be eligible to earn an award for its breeder, in a race conducted by a licensed harness race track in Delaware, the foals, mares, and stallions shall be registered in accordance with these regulations with the Administrator of the Breeders’ Program prior to entry for the race. In race year 2002, bonus payments shall be restricted to 2 year olds.

4.2 Beginning in race year 2018, the 4-year old bonus program will be terminated.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-5.0 Eligibility of Owners of Delaware Sires for Awards

In order for a Delaware sire to be eligible to earn an award for its owner, the sire shall have been registered as a sire of Delaware with the Administrator of the Breeders’ Program during each breeding season when the sire inseminated the dams that, as a result of that insemination, produced Delaware-breds. To be eligible for a sire award, it is necessary that the foal entitling the sire owner to the award be itself registered in accordance with these regulations.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-6.0 Records of Registration

6.1 Foals and sires eligible for registration shall be registered on official registration forms approved and maintained by the Administrator of the Program.

6.2 The Administrator shall certify thereon the name and address of the owner, or agent. If registration is made by an agent, the name and address of the owner shall also be provided.

6.3 Breeding information must include name, color, sex, gait, sire, and dam. For sires, the address and contact information for the breeding farm where the stallion will be collected, and current phone number, address and contact information for where the stallion actually resides, if different from where semen collection occurs.

6.4 The registration records shall be maintained by the Administrator of the Program and be open to public inspection during normal business days and hours at the State Department of Agriculture.

6.5 Immediately upon completion and filing of the form, the Administrator of the Program shall cause a correct copy of it to be filed with the offices of the State Department of Agriculture.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-7.0 Duties and Powers of the Fund Administrator; Public Hearings; Appeals

7.1 In addition to the duties of the Fund’s Administrator that are set forth elsewhere in these regulations, the Administrator is charged with receiving and reviewing for compliance with all rules and regulations of the Fund, information submitted by registrants who are seeking to register or renew the registration of horses for participation in the Program.

7.2 If, after performing the review set forth in the immediately preceding section, the Administrator determines, in the Administrator’s sole discretion, that the information supplied by a registrant is incomplete or false, the Administrator has the power to: deny any application for registration; deny an application to renew an existing registration; and to suspend or revoke an existing registration.

7.3 The Administrator must provide the registrant with a written decision explaining the reasons why the registration, or application for renewal of registration, has been denied, suspended or revoked. Such written decision shall inform the registrant of the right to file a request for an administrative hearing before the Fund. Such a request for a hearing shall be considered timely filed with the Fund if it is received by the Fund within 10 days of the date the Administrator mails the written decision to the registrant. Such a request for a hearing challenging the Administrator’s written decision must state with specificity the grounds upon which the Administrator’s written decision is being contested.

7.4 No more than 30 days after receiving a registrant’s request a public hearing before the Fund will be scheduled and at which the registrant will be permitted to subpoena, call and cross-examine witnesses, and to introduce documentary evidence challenging the Administrator’s decision. The formal rules of evidence will not apply to such proceeding. The proceeding will be conducted in such a way as to allow for the creation of a verbatim transcript of the proceeding should either party wish to obtain one, the cost of such a transcript to be borne by the requestor.

7.5 The Fund will, after considering all the evidence, and within 30 days from the close of the public hearing, mail a written decision to the Administrator of the Fund and to the registrant stating its Findings of Fact and Conclusions of Law. An appeal from the decision by the Fund will be to the Superior Court of the State of Delaware on the record made before the Fund.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-8.0 Records of Expenses

The Administrator of the Breeders’ Program shall maintain a complete record of reasonable and necessary expenses and will submit bills to the Department of Agriculture following the normal procedures of the State of Delaware as set forth by the Finance Department within the Department of Agriculture. The Secretary of Agriculture has the responsibility to authorize all travel and major purchases.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-9.0 Purses and Bonus Awards

9.1 A purse or bonus awarded under this section shall be in accordance with the standards for purses at each racing meet as approved by order of the Commission. The Administrator shall send a confirmation to the Department of Agriculture on a race week basis which will state the amount owed for purses of the Program.

9.2 Administrator of the Program shall compile bonus payments earned by breeders of Delaware sires and dams and maintain a separate ledger of them. Starting in race year 2018, the 4-year old Bonus and the Consolation race bonus will be terminated. Bonus payments will be paid out at the end of the racing year.

9.3 A person interested in the bonus payments and objecting to calculations or determinations thereof as shown on the records of the Administrator of the Program shall be responsible for taking written appeals to the Board in the manner provided for appeals from decisions of the Administrator pertaining to registrations.

9.4 Records, funds and accounts of funds, prizes, purses, allowances and awards under this program shall be maintained separate from other records, funds and accounts and may not become co-mingled with other matters. The records, funds and accounts shall be kept continuously open for inspection by the Administrator of the Program.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-10.0 Responsibilities of Owners or Lessees of Delaware Sires

10.1 An owner or lessee of a standardbred stallion who desires to use him for breeding purposes and to have him qualify for the Delaware Standardbred Breeders' Fund Program, shall register the stallion by December 1st of the approaching breeding season with the Administrator of the Program or by January 1st, February 1st, and March 1st of the approaching breeding season with an additional supplemental fee as set forth in subsection 11.4 of this regulation.

10.1.1 Unless the stallion is contracted to stand at stud in the southern hemisphere, the stallion shall stand in the State of Delaware for the remainder of the breeding season.

10.1.2 If a stallion is contracted to stand at stud in the southern hemisphere, a copy of said contract must be provided to the Administrator of the Program at the time of application for registration in the Program or, in the event the contract is entered into at a subsequent date, within 10 days of entering into the contract.

10.1.3 A virgin standardbred stallion entering stud for the first time shall be registered prior to his first breeding and shall stand in the State of Delaware the remainder of the breeding season, unless he is contracted to stand at stud in the southern hemisphere.

10.1.4 A stallion shall be registered on an application established by the Administrator of the Program.

10.2 The owner or lessee of a Delaware sire that is eligible to register for the Delaware Standardbred Breeders’ Fund Program shall designate an authorized agent who shall be responsible for the registrations and records of the Delaware sire; for the records of the breeding farm; and complying with the requirements of the Delaware Standardbred Breeders’ Fund Program.

10.2.1 The "authorized agent" name, current phone number and mailing address shall be incorporated into the Delaware sire’s registration form and be filed with the Administrator of the Delaware Standardbred Breeders’ Fund Program.

10.2.2 A Delaware sire may compete for purses within or outside the State of Delaware at any time, including during breeding season. This subsection shall not relieve any Delaware sire from the requirements established by this regulation, except that any Delaware sire who competes for purses shall not be required to be on his registered breeding farm during the time in which he is racing.

10.2.3 A violation of this regulation will disqualify the Delaware sire from registering for breeding in the Delaware Standardbred Breeders’ Fund Program for the breeding season of the year following the violation.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-11.0 Sire Registration Fees

11.1 Sires shall initially register for the Delaware Standardbred Breeders’ Program no later than December 1st of the approaching breeding season, or no later than January 1st, February 1st, and March 1st with an additional supplemental registration fee as set forth in subsection 11.4 of this regulation.

11.2 All fees must accompany this registration and must be submitted by registered or certified mail.

11.3 Registration fees for the Delaware Standardbred Breeders’ Program are non-refundable.

11.4 Sire registration fee for a stallion shall be $500.00. The supplemental registration fee shall be $1,000.00 for January 1st, $2,000.00 for February 1st, and $3000.00 for March 1st.

11.5 The annual stallion registration fees may be used to offset reasonable expenses related to administering and promoting the Delaware Standardbred Breeders’ Program. Any fees beyond reasonable expenses shall be invested in the endowment account of the Program.

11.6 An owner of a standardbred stallion registered with the Administrator shall submit by September 1st after the breeding season which the stallion serviced mares a copy of the USTA “Mares Bred Report.”

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-12.0 Sire Renewal Fees

12.1 The registration of a stallion that remains in the state for more than 1 breeding season shall be renewed annually.

12.2 The annual renewal fee for registration of stallions to the Delaware Standardbred Breeders' Fund Program shall be $500.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-13.0 Races

13.1 The purses for all races for 2 and 3-year old horses under this Breeders’ Program shall be distributed on the following percentage basis: 50-25-12-8-5. Walkovers receive 50% of the purse. Points to qualify for the finals shall be distributed on the same percentage basis. In fields with more than 5 horses, places 6 through 8 shall receive 4-3-2 points, respectively.

13.2 In the case of a tie in points, the fastest time in either elimination shall determine the horse eligible to enter the final. In the case of horses tied in points that have recorded identical times, the amount of the horses’ lifetime earnings will decide the horse eligible to enter the final. In the case where points, times, and lifetime earnings are equal, the eligible horse shall be drawn by lot. All horses must start in 1 elimination in order to start in the final. All horses shall be on the gate in eliminations and the final.

13.3 The percentage basis established by subsection 13.1 shall apply at each of the associations licensed by the Delaware Harness Racing Commission.

13.4 If circumstances prevent the racing of an event, and the race is not drawn, all stake payments shall be refunded to the purse account of the Program.

13.5 The monies provided for purses and bonus payments shall be distributed evenly between the races of each:

13.5.1 Age;

13.5.2 Sex; and

13.5.3 Gait.

13.6 Beginning in 2004, the minimum purse for elimination races for 2 and 3-year old trotters and pacers shall be $15,000 and the finals shall be $100,000. The Board of the Program, pursuant to a recommendation from the Administrator of the Program, may agree to increase purses should funds and other conditions permit, or decrease purses in the event of insufficient funds.

13.6.1 Consolation races will be held by gait and sex if at least 5 horses declare to start. If there are at least 5 horses declared, but fewer than 8 horses of the same sex, horses of the other sex shall be drawn in to complete a full field of 8, provided there is no consolation race for that sex. Eligibility in a combined consolation race for that sex which did not have enough entries for a separate consolation race will be based on the point system used to determine eligibility within its own division.

13.6.2 If fewer than 5 horses declare to start in both sexes of the same gait, the sexes shall be combined provided there are at least 5 horses declared to start after the sexes are combined.

13.6.3 Horses of opposite sex shall be combined per the above unless the owner or his/her agent notes at time of declaration that the declaration be withdrawn should the sexes be combined.

13.6.4 Any horse qualifying for the final is not eligible for the consolation.

13.6.5 Consolation races shall race for the same purse as a leg.

13.7 No horse is eligible to declare unless it has at least 1 charted satisfactory performance line within 60 days of declaration and must meet the following qualifying standards:

2 Year Olds

3 Year Olds

Pacers

Trotters

Pacers

Trotters

2:08

2:10

2:06

2:09

13.8 Horses that meet the qualifying standards for a preliminary leg at each racetrack are qualified for all subsequent legs consolation and the final at that racetrack.

13.9 The Administrator of the Program shall be responsible for races conducted under the Program and shall ensure that:

13.9.1 Each track declares the time specified for races under this program by proper notice and racing dates are issued for sires stakes after the track's race dates are set.

13.9.2 Entry for races run under the Program is required to be received by the Racing Office at the date and time specified on the track condition sheet.

13.9.3 The eligibility and class of all horses participating in races is carefully screened.

13.9.4 The Administrator, or the Administrator’s designee, is present for the race draw by the Judges for all races conducted under the Program.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-14.0 Nomination and Sustaining Payments

14.1 Nomination and sustaining payments shall be made to the Program in U.S. funds.

14.2 A fee payment required by this section shall be postmarked no later than the due date that is specified for the fee by this section. If the date due is on a Sunday or a legal federal holiday which falls on a Saturday, payment is due by the following Monday. If the due date falls on a Monday that is a legal holiday, such payment is due on Tuesday. Payment made by commercial delivery services shall be treated the same as those made by letters bearing a postmark.

14.3 Beginning with the yearlings of 2001, the yearling nomination fee shall be:

14.3.1 Forty dollars each; and

14.3.2 Due by May 15th of the yearling year.

14.4 A nomination shall be accompanied by a photocopy of the United States Trotting Association registration certificate. Supplemental fees of $25 shall be assessed if the USTA registration certificate does not accompany the nomination. No nomination shall be accepted where a USTA registration certificate is not obtained and submitted within 60 days of nomination to the Delaware Standardbred Breeder's Program.

14.5 If the May 15th deadline to nominate a yearling is missed, a late supplemental payment of $350 shall be required. The late supplemental payment shall be accepted if it is received by March 15th of the 2 year old year. This payment is in addition to the regular sustaining payment due on March 15th.

14.6 Sustaining payments shall be as follows:

14.6.1 Two Year Old payments

14.6.1.1 April 15th $300

14.6.1.2 June 1st $1,000 (Late payment if April 15th payment is missed)

14.6.1.3 Declaration Fee $500 (for each track)

14.6.2 Three Year Old payments

14.6.2.1 February 15th $300

14.6.2.2 Declaration Fee $500 (for each track)

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

3 Del. Admin. Code § 502-15.0 Investment Plan and Use of Fees

15.1 All proceeds received pursuant to 29 Del.C. §4815(b)(4)b.2., which established in the State of Delaware a Delaware Standardbred Breeder's Program and any interest earned on these monies shall be invested in an endowment account until race year 2002.

15.2 For race year 2002, $500,000 of the proceeds received pursuant to 29 Del.C. §4815(b)(4)b.2., which established in the State of Delaware the Program and any interest earned on that money in the preceding 12 months shall be deposited in a separate purse account for purses and bonus for that race year. For race year 2002, $1,500,000 of the proceeds pursuant to 29 Del.C. §4815(b)(4)b.2., which established in the State of Delaware the Program, shall be deposited in the endowment account.

15.3 For race year 2003, $2 million of the proceeds received pursuant to 29 Del.C. §4815(b)(4)b.2., which established in the State of Delaware the Program and any interest earned on the endowment fund in the preceding 12 months shall be deposited in a separate purse account for purses and bonus for that race year.

15.4 For the year 2004 and each race year thereafter, $3 million of the proceeds received pursuant to 29 Del.C. §4815(b)(4)b.2., which established in the State of Delaware the Program and any interest earned on the endowment fund in the preceding 12 months shall be deposited in a separate purse account for purses and bonuses for that race year.

15.5 For the year 2022 and each race year thereafter, $4 million of the proceeds received pursuant to 29 Del.C. §4815(b) which established in the State of Delaware the Program and any interest earned on the endowment fund in the preceding 12 months shall be deposited in a separate purse account for purses and bonuses for that race year.

15.6 Any monies from the purse account for the Program at the end of the race year shall revert to the endowment account of the Program.

History

• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 6 DE Reg. 1497 (05/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 15 DE Reg. 638 (11/01/11)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 26 DE Reg. 551 (01/01/23)
• 8 DE Reg. 336 (08/01/04)
• 8 DE Reg. 336 (08/01/04)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 18 DE Reg. 691 (03/01/15)
• 21 DE Reg. 564 (01/01/18)
• 8 DE Reg. 336 (08/01/04)
• 17 DE Reg. 203 (08/01/13)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)
• 8 DE Reg. 336 (08/01/04)
• 25 DE Reg. 169 (08/01/21)
• 8 DE Reg. 336 (08/01/04)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 13 DE Reg. 496 (10/01/09)
• 15 DE Reg. 638 (11/01/11)
• 21 DE Reg. 564 (01/01/18)
• 26 DE Reg. 551 (01/01/23)
• 5 DE Reg. 1274 (12/01/01)
• 6 DE Reg. 1497 (05/01/03)
• 7 DE Reg. 497 (10/01/03)
• 8 DE Reg. 336 (08/01/04)
• 9 DE Reg. 111 (07/01/05)
• 10 DE Reg. 982 (12/01/06)
• 13 DE Reg. 496 (10/01/09)
• 14 DE Reg. 646 (01/01/11)
• 15 DE Reg. 638 (11/01/11)
• 17 DE Reg. 203 (08/01/13)
• 18 DE Reg. 691 (03/01/15)
• 19 DE Reg. 486 (12/01/15)
• 21 DE Reg. 146 (08/01/17)
• 21 DE Reg. 564 (01/01/18)
• 25 DE Reg. 169 (08/01/21)
• 25 DE Reg. 273 (09/01/21)
• 26 DE Reg. 551 (01/01/23)
• 28 DE Reg. 111 (08/01/24)

600 Pesticides

601 Delaware Pesticide Rules and Regulations

3 Del. Admin. Code § 601-1.0 General

1.1 Scope. These regulations establish general operating rules and procedures for the enforcement of the Delaware Pesticide Law, including the certification of users of restricted and general use pesticides.

1.2 Authority. These regulations are issued under the authority of 3 Del.C. Part II Ch. 12.

1.3 Effective Date. These regulations were amended on (new date to be entered), in accordance with 29 Del.C. Ch. 101

1.4 Filing Date. These regulations were filed in the Office of the Secretary of State on (new date to be entered).

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-2.0 Declaration of Policy

2.1 3 Del.C. Part II, Ch. 2, §1237, places the enforcement of the Delaware Pesticide Law with the Department of Agriculture and empowers the Department to establish regulations.

2.2 By virtue of the authority vested in me as Secretary of Agriculture by 3 Del.C., Part II, Ch. 2, I, Michael T. Scuse, Secretary of Agriculture, do hereby promulgate the following rules and regulations governing the sale, use and application of pesticides in Delaware.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-3.0 Definitions

The following words and terms, when used in these regulations, shall have the following meanings. All terms defined by the Delaware Pesticides Law (3 Del.C., Part II, Ch.12) are hereby incorporated by reference in this regulation.

“Accident” means an unexpected, undesirable event resulting in the presence of a pesticide that adversely affects man or the environment.

“Brand” means any word, name, symbol, device, or any combination thereof, which serves to distinguish a pesticide product manufactured, distributed, sold, or offered for sale by 1 person from that manufactured, distributed, sold, or offered for sale by any other person.

“Certification” means the recognition by the Department that a person has met the qualification standards established under Section 8.0 or Section 9.0 of these regulations and has been issued a written certificate from the Department authorizing them to use pesticides for the specified type of pest control.

“Competent” means properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity and associated responsibility.

"Department" means the State of Delaware Department of Agriculture and includes its officers, inspectors, employees, agents, or representatives.

“Fumigant” means a gaseous or readily volatilizable chemical (such as hydrogen cyanide or methyl bromide) used as a pesticide.

“Fumigation” means the application of a fumigant to 1 or more rooms in a structure, or to the entire structure, or to a localized space within a structure or outside a structure, such as a box car, aircraft, truck, ship or any object sealed or covered. Excluded is the use of a fumigant in or on the soil.

“Grade” means a formulation of a pesticide, except that the addition of pigments solely for coloration shall not constitute a change in formulation such as to constitute a new grade requiring registration.

“Handle Pesticides” means to mix, load, apply, or dispose of pesticides.

“Hazardous Waste” has the same meaning as found in 7 Del.C., Ch. 63.

“LAW” means the Delaware Pesticide Law, 3 Del.C., Part II, Ch. 2.

“Regulated Pest” means a specific organism considered by the State or by a Federal Agency to be a pest requiring regulatory restrictions, regulations or control procedures in order to protect man or the environment.

"Secretary" means the Secretary of the State of Delaware Department of Agriculture or the Secretary’s designee.

“Service Vehicle” means any vehicle used by a licensee to transport pesticides for the purpose of their application.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-4.0 Registration

4.1 Product Registration

4.1.1 Every pesticide which is distributed within the State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be registered with the Secretary subject to the provisions of this law. Registration is not required if a pesticide is shipped from 1 plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part of a pesticide which is registered under the provision of an experimental use permit issued by the Federal U.S. Environmental Protection Agency.

4.1.2 An applicant for registration for a pesticide which is federally registered shall file a statement with the Secretary which shall include:

4.1.2.1 The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's.

4.1.2.2 The name of the pesticide.

4.1.2.3 Other necessary information required for completion of the Department’s application for registration form.

4.1.2.4 A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use.

4.1.2.5 The use classification as provided in the "Federal Insecticide, Fungicide and Rodenticide Act", as amended.

4.1.2.6 The EPA product registration number.

4.1.3 The applicant desiring to register a pesticide shall pay a biennial registration fee of $140 to the Delaware Department of Agriculture for each brand or grade of pesticide to be registered for the applicant. All registrations shall continue in effect until June 30 of the year in which they expire. Applications received between January 1 and June 30 shall be registered for the upcoming 2-year period. Applications received between July 1 and December 31 will be registered for a 2-year period beginning July 1 of the year in which the application was received.

4.1.4 Any registration approved by the Secretary and in effect on June 30, for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until suspended, or otherwise denied in accordance with the provisions of Section 1205 of the LAW. Forms for registration shall be mailed to registrants at least 45 days prior to the due date.

4.1.5 If it appears to the Secretary that the composition of the pesticide is such as to warrant the proposed claims for it and if the pesticide and its labeling and other material required to be submitted comply with the requirements of this regulation the Secretary shall register the pesticide.

4.1.6 Pesticide products that are discontinued by a registrant shall be registered for a period of 2 years. The 2-year limit covers the year in which the item is declared to be discontinued by the registrant and an additional year to permit time to dispose of shelf stock. Should the registrant provide the Department with written notification that shelf stocks of the product are depleted, the products shall be exempt from the 2-year continued registration period.

4.2 Employee Registration

4.2.1 Licensees shall register with the Department all employees who handle pesticides. Registration shall be made when making an application for a license or within 45 days after employment. The fee for registering an employee shall be $25. However, the employee registration fee shall be waived if the employee is certified under the LAW.

4.2.2 Licensees shall be responsible for ensuring that all employees handling pesticides (other than a certified applicator) have successfully completed a training program approved by the Department. This training shall be completed within 45 days of employment and before the employees are registered with the Department. Noncertified applicators shall not apply restricted use pesticides (RUPs). Training for each employee must be updated and submitted every 12 months.

4.2.2.1 The Department will not approve any training program that does not include subjects required by 40 CFR 171.201(d)(3) and the following subjects:

4.2.2.1.1 Pesticide Law and Regulations;

4.2.2.1.2 Label comprehension;

4.2.2.1.3 Safety and emergency procedures;

4.2.2.1.4 Proper pesticide handling, storage and disposal;

4.2.2.1.5 Pest identification and control procedures;

4.2.2.1.6 Pesticide application techniques;

4.2.2.1.7 Environmental and health concerns; and

4.2.2.1.8 Integrated pest management principles.

4.2.2.2 Upon request by the Department, each licensee shall provide written verification that an employee has completed an approved training program.

4.2.3 The name and address of employees who have been trained according to this Section shall be provided to the Department by the licensee. The Department shall issue a registration card bearing the employee’s name and the licensee’s name, address and license number. The employee registration shall become null and void upon termination of employment with the licensee. This card is to be carried by the employee during working hours and is to be displayed upon request.

4.2.4 The licensee shall provide the Department written notification of a registered employee’s employment termination within 45 days of the effective date of termination.

4.2.5 The Department, after due notice, and opportunity for a hearing may deny, suspend or revoke an employee registration, if the Department finds the registered employee has committed any violations of the LAW.

4.2.6 The Department, after due notice and opportunity for a hearing, may deny an application for employee registration, if the applicant has committed any violations under the LAW.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-5.0 Licensing

5.1 Applicants for a business license shall complete a signed and notarized application form prescribed by the Department.

5.2 All business license applicants shall pay an annual fee of $50, or a biennial fee of $100.

5.3 No license shall be issued to any applicant, nor shall it remain valid, unless the applicant is certified or has a certified applicator employed at all times.

5.4 For applicants or holders of a license in subsections 7.7.1 through 7.7.3, at least 1 employee designated as a certified applicator under the license shall meet the experience requirement of §1207(c)(1) of the LAW.

5.5 All pest control business license numbers shall appear on all service vehicles used by holders of a commercial pesticide applicators license with the exception of categories in these subsections of this regulation: 7.1.1 Agriculture Plant Pest Control; 7.1.2 Agriculture Animal Pest Control; 7.2 Forest Pest Control; 7.4 Seed Treatment; 7.5 Aquatic Pest Control; 7.8 Public Health Pest Control; 7.9 Regulatory Pest Control; 7.10 Demonstration and Research Pest Control. The license number shall be in bold readable numbers not less than 2 inches or more than 6 inches high. The full name of the business licensee shall be displayed on the vehicle.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-6.0 Restricted Use Pesticides Classification

Restricted use pesticides shall be classified in the State of Delaware to conform to the current listing of pesticides classified by the EPA as Federally registered use products.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-7.0 Categorization of Commercial Applicators (Adopted from 40 CFR §171.101 with the exception of (k) and (l))

7.1 Agricultural Pest Control Category

7.1.1 Agricultural Plant (1A) - This subcategory includes commercial applicators using or supervising the use of pesticides in the production of agricultural crops, including without limiting the following: feed grains, soybeans, forage, vegetables, small fruits and tree fruits; as well as on grasslands and non-crop agricultural lands.

7.1.2 Agricultural Animal (1B) - This subcategory includes commercial applicators using or supervising the use of pesticides on swine, sheep, horses, goats, poultry and livestock, and to places on or in which animals are confined. Doctors of Veterinary Medicine engaged in the business of applying pesticides for hire, or publicly holding themselves out as pesticide applicators or engaged in large scale use are included in this category.

7.1.3 Fumigation of Soil and Agricultural Products (1C) - This subcategory includes commercial applicators using or supervising the use of pesticides for soil fumigation in the production of an agricultural commodity and/or for fumigation of agricultural products in storage or transit.

7.2 Forest Pest Control Category (02). This category includes commercial applicators using or supervising the use of pesticides in forests, forest nurseries, and forest seed producing areas.

7.3 Ornamental and Turf Pest Control Category (03). This category includes commercial applicators using or supervising the use of pesticides to control pests in the maintenance and production of ornamental trees, shrubs, flowers and turf.

7.4 Seed Treatment Category (04). This category includes commercial applicators using or supervising use of pesticides on seeds.

7.5 Aquatic Pest Control Category

7.5.1 Aquatic Weed (5A) - This subcategory includes commercial applicators using or supervising the use of any pesticide purposefully applied to standing or running water, excluding applicators engaged in public health related activities.

7.5.2 Anti-fouling Paint (5B) - This subcategory includes commercial applicators using or supervising the use of any anti-fouling paints for the protection of boat hulls. This subcategory also includes applicators using or supervising the use of anti-fouling paints on containers that they sell, lease, or use for the purpose of harvesting shellfish.

7.5.3 Mosquito Control (5C) - This subcategory includes applicators using or supervising the use of pesticides for the management and control of mosquitoes.

7.6 Right-of-way Pest Control Category (06). This category includes commercial applicators using or supervising the use of pesticides in the maintenance of roads, electric power lines, pipelines, railway rights-of-way or similar areas.

7.7 Industrial, Institutional, Structural and Health Related Pest Control Category. This category includes commercial applicators using or supervising the use of pesticides in, on, or around food handling establishments, including warehouses and grain elevators, and any other structures and adjacent areas, public or private; human dwellings, institutions, such as schools and hospitals, industrial establishments; and for the protection of stored, processed or manufactured products. This category contains the following subcategories:

7.7.1 General Pest Control (7A). This subcategory includes commercial applicators who use or supervise the use of pesticides to control household pests, including pests that infest structures, stored products, and residential food preparation areas, and pests that infest or contaminate food and any stage of processing in food processing facilities. This includes treatment of food processing areas and control of vertebrate structural invaders. This category does not include control of wood-destroying pests, or the use of fumigants.

7.7.2 Wood Destroying Pest Control (7B). This subcategory includes commercial applicators using or supervising the use of pesticides, other than fumigants, in or around structures for the prevention, suppression, or control of wood destroying organisms.

7.7.3 Fumigation Pest Control (non-agricultural) (7C). This subcategory includes commercial applicators using or supervising the use of fumigant pesticides to control pests in structures other than soils and agricultural products/commodities.

7.7.4 Wood Preservatives (7D). This subcategory includes commercial applicators using or supervising the use of pesticides for the preservation of wood or wood products. This would include the pressure treatments, non-pressure treatments, or brush-on applications with wood preservatives.

7.7.5 Institutional and Maintenance Pest Control (7E). Except as otherwise provided in these regulations, this subcategory includes any individual using pesticides on a property they own, or are employed or otherwise engaged to maintain, including janitors, general maintenance personnel, sanitation personnel, and grounds maintenance personnel. This subcategory does not include private applicators as defined in Section 9.0 below, individuals who use anti-microbial pesticides, or individuals who use pesticides which are not classified as “restricted use pesticides” in or around their dwelling.

7.7.6 Cooling Tower Pest Control (7F). This subcategory includes commercial applicators using or supervising the use of pesticides to control microbial and other pests in cooling towers or related areas.

7.8 Public Health Pest Control Category (08). This category includes, but is not limited to, State, Federal and other governmental employees who use or supervise the use of pesticides in public health programs for the management and control of pests having medical or public health importance.

7.9 Regulatory Pest Control Category (09). This category includes State, Federal and other governmental employees who use or supervise the use of restricted use pesticides in the control of regulated pests.

7.10 Demonstration and Research Pest Control Category (10). This category includes:

7.10.1 Applicators who demonstrate to the public the proper use and technique of application of a restricted use pesticide or supervises the demonstrations. This may include:

7.10.1.1 Extension specialists and county agents;

7.10.1.2 Commercial representatives demonstrating pesticide products;

7.10.1.3 Demonstration methods for public programs.

7.10.2 Applicators conducting field research with pesticides, and in doing so, use or supervise the use of restricted use pesticides. This includes State, Federal, commercial, and other applicators conducting field research when utilizing pesticides.

7.11 Aerial Pest Control Category (11). This category is applicable to individuals who apply any pesticide from an aircraft. This category is valid for licensure of commercial applicators for treatment sites that may legally (according to product label direction) be treated by aerial application.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-8.0 Standards For Certification of Commercial Applicators

8.1 The Department adopts its own standards for Certification of Commercial Applicators and incorporates by reference the federal competency standards for soil fumigation, non-soil fumigation and aerial categories at 40 CFR 171.103.(d)(13), (14) and (15), respectively:

This category includes: applicators who demonstrate to the public the proper use and technique of application of a restricted use pesticide or supervises demonstrations including extension specialists and county agents, commercial representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs.

This category also includes applicators conducting field research with pesticides, and in doing so, use or supervise the use of restricted use pesticides including State, Federal, commercial and other applicators conducting field research when utilizing pesticides.

8.2 Determination of Competency

8.2.1 Competence in the use and handling of pesticides shall be determined on the basis of written examinations that conform to 40 CFR 171.103(a) and are based upon standards set forth below and which are approved by the Secretary. Examination and testing shall include the general standards applicable to all categories and the additional standards specifically identified for each category or subcategory (if any) in which an applicator is to be certified. All examinations shall be administered as closed book examinations.

8.2.2 Applicants for examination shall register at least 1 week before the scheduled examination date.

8.2.3 Exams shall be scheduled quarterly during the calendar year and shall be given at times and places directed by the Secretary.

8.2.4 Correctly answering 70% or more of the questions shall be considered to be satisfactory evidence of competence.

8.2.5 Failure to answer at least 70% of the questions correctly shall be grounds for denial of certification. Applicant may apply for 1 reexamination scheduled at least 45 days after their initial examination. No applicant shall be permitted to be examined in the same category or subcategory more than twice in any 12-month period.

8.3 General Standards For All Categories of Certified Commercial Applicators

8.3.1 All commercial applicators shall demonstrate practical knowledge of the principles and practices of pest control and safe use of pesticides. Testing shall be based on examples of problems and situations appropriate to the particular category or subcategory of the applicator's certification and the following areas of competency:

8.3.1.1 Label and Labeling Comprehension

8.3.1.1.1 The general format and terminology of pesticide labels and labeling;

8.3.1.1.2 The understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels;

8.3.1.1.3 Understanding the classification of the product, general or restricted; that a product may be unclassified; and the necessity for use consistent with the label;

8.3.1.1.4 Understanding that it is a violation of federal law to use any registered pesticide in a manner inconsistent with its labeling;

8.3.1.1.5 Understanding labeling requirements that a certified applicator must be physically present at the site of the application;

8.3.1.1.6 Understanding labeling requirements for supervising non-certified applicators working under the direct supervision of a certified applicator;

8.3.1.1.7 Understanding that applicators must comply with all restrictions and directions for use contained in pesticide labels and labeling, including being certified in the certification category appropriate to the site and type of application;

8.3.1.1.8 Understanding and complying with product specific notification requirements;

8.3.1.1.9 Recognizing and understanding the difference between mandatory and advisory labeling language.

8.3.1.2 Safety

8.3.1.2.1 Pesticides toxicity and hazard to man and common exposure routes;

8.3.1.2.2 Common types and causes of pesticides accidents;

8.3.1.2.3 Precautions necessary to guard against injury to applicators and other individuals in or near treated area;

8.3.1.2.4 Need for and use of protective clothing and equipment;

8.3.1.2.5 Symptoms of pesticide poisoning;

8.3.1.2.6 First aid and other procedures to be followed in case of a pesticide accident; and

8.3.1.2.7 Proper identification, storage, transport, handling, mixing procedures and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.

8.3.1.3 Environment

8.3.1.3.1 The potential environmental consequences of the use and misuse of pesticides as may be influenced by factors such as:

8.3.1.3.1.1 Weather and other climatic conditions;

8.3.1.3.1.2 Types of terrain, soil or other substrate;

8.3.1.3.1.3 Presence of fish, wildlife and other non-target organisms; and

8.3.1.3.1.4 Drainage patterns.

8.3.1.4 Pests

8.3.1.4.1 Factors such as:

8.3.1.4.1.1 The importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control;

8.3.1.4.1.2 Verifying that the labeling does not prohibit the use of the product to control that target pest.

8.3.1.4.1.3 Pest development and biology as it may be relevant to problem identification and control.

8.3.1.5 Pesticides

8.3.1.5.1 Factors such as:

8.3.1.5.1.1 Types of pesticides;

8.3.1.5.1.2 Types of formulations;

8.3.1.5.1.3 Compatibility, synergism, persistence and animal and plant toxicity of the formulations;

8.3.1.5.1.4 Hazards and residues associated with use;

8.3.1.5.1.5 Factors which influence effectiveness or lead to problems such as resistance to pesticides; and

8.3.1.5.1.6 Dilution procedures.

8.3.1.6 Equipment

8.3.1.6.1 Factors including:

8.3.1.6.1.1 Types of equipment and advantages and limitations of each type; and

8.3.1.6.1.2 Uses, maintenance and calibration.

8.3.1.7 Application Techniques

8.3.1.7.1 Factors including:

8.3.1.7.1.1 Methods or procedures used to apply various formulations of pesticides, solutions, and gases, together with a knowledge of which technique of application to use in a given situation, and that use of a fumigant or aerial application requires additional certification;

8.3.1.7.1.2 Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and

8.3.1.7.1.3 Prevention of drift and pesticide loss into the environment.

8.3.1.8 Laws and Regulations

8.3.1.8.1 Factors including:

8.3.1.8.1.1 Applicable State and Federal laws and regulations.

8.3.1.9 Responsibilities of supervisors of noncertified applicators

8.3.1.9.1 Knowledge of the responsibilities of certified applicators supervising noncertified applicators;

8.3.1.9.2 Understanding and complying with requirements in 40 CFR 171.201 for certified commercial applicators using restricted use pesticides;

8.3.1.9.3 The recordkeeping requirements of pesticide safety training for noncertified applicators who use restricted use pesticides under the direct supervision of a certified applicator;

8.3.1.9.4 Providing use-specific instructions to noncertified applicators using restricted use pesticides under the direct supervision of a certified applicator;

8.3.1.9.5 Explaining pertinent State, Tribal, and Federal laws and regulations to noncertified applicators who use restricted use pesticides under the direct supervision of a certified applicator.

8.3.1.10 Professionalism

8.3.1.10.1 Maintaining chemical security for restricted use pesticides;

8.3.1.10.2 How to communicate information about pesticide exposures and risks with customers and the public;

8.3.1.10.3 Appropriate product stewardship for certified applicators.

8.4 Specific Standards for Competency for Each Category of Commercial Applicators. Some of the factors referenced in this subsection are of particular importance because of the different types of activities carried out by the applicators in each category. For example, practical knowledge of drift problems should be required of agricultural applicators but not seed treatment applicators. The latter, however, should be particularly knowledgeable of the hazards of the misuse of treated seed and the necessary precautionary techniques. Commercial applicators in each category shall be particularly qualified with respect to the practical knowledge standards elaborated below.

8.4.1 Agricultural Pest Control Category

8.4.1.1 Agricultural Plant Pest Control Subcategory. Applicators must demonstrate practical knowledge of crops grown and the specific pests of those crops on which they may be using restricted use pesticides. The importance of competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. Practical knowledge is required concerning soil and water problems, pre-harvest intervals, re-entry intervals, phytotoxicity, and potential for environmental contamination, non-target injury and community problems resulting from the use of restricted use pesticides in agricultural areas.

8.4.1.2 Agricultural Animal Pest Control Subcategory. Applicators applying pesticides directly to animals must demonstrate practical knowledge of animals and their associated pests. A practical knowledge is also required concerning specific pesticide toxicity and residue potential, since host animals will frequently be used for food. Further, the applicator must know the relative hazards associated with factors such as formulation, application techniques, age of animals, stress and extent of treatment.

8.4.1.3 Fumigation of Soil and Agricultural Products Subcategory. Applicators must demonstrate knowledge of application techniques appropriate to soil fumigation and agricultural product fumigation. This includes the use of personal protective clothing and equipment, and general safety procedures such as posting, reentry, aeration, and accident procedures.

8.4.2 Forest Pest Control Category. Applicators shall demonstrate practical knowledge of types of forests, forest nurseries, and forest seed production in Delaware and the pests involved. They should possess practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. A practical knowledge is required of the relative biotic agents and their vulnerability to the pesticides to be applied. Because forest stands may be large and frequently include natural aquatic habitats and harbor wildlife, the consequences of pesticide use may be difficult to assess. The applicator must, therefore, demonstrate practical knowledge of control methods which will minimize the possibility of secondary problems such as unintended effects on wildlife. Proper use of specialized equipment must be demonstrated, especially as it may relate to meteorological factors and adjacent land use.

8.4.3 Ornamental and Turf Pest Control Category. Applicators shall demonstrate knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, plantings, and turf, including cognizance of phytotoxicity due to a wide variety of plant material, drift, and persistence beyond the intended period of pest control. Because of the frequent proximity of human habitations to application activities, applicators in this category must demonstrate practical knowledge of application methods which will minimize or prevent hazards to humans, pets, and other domestic animals.

8.4.4 Seed Treatment Category. Applicators shall demonstrate practical knowledge of types of seeds that require chemical protection against pests and factors such as seed coloration, carriers, and surface-active agents which influence pesticide binding and may affect germination. They must demonstrate practical knowledge of hazards associated with handling, sorting and mixing, and misuse of treated seed such as introduction of treated seed into food and feed channels, as well as proper disposal of unused treated seeds.

8.4.5 Aquatic Pest Control Category

8.4.5.1 Aquatic Weed. Applicators shall demonstrate practical knowledge of the secondary effects which can be caused by improper application rates, incorrect formulations, and faulty application of pesticides used in this subcategory. Further, they must have practical knowledge concerning potential pesticide effects on plants, fish, birds, beneficial insects and other organisms which may be present in aquatic environments. These applicators shall also demonstrate practical knowledge of the principles of limited area application.

8.4.5.2 Anti-fouling Paint. Applicators in this subcategory shall demonstrate practical knowledge of the labeling instructions, safety precautions and environmental concerns associated with the use of marine anti-fouling paints. They shall demonstrate practical knowledge of the term “acceptable release rate” as it applies to organotin paints; knowledge of the types of paints approved for specific hull types; knowledge of the types of anti-fouling paints approved for use on equipment or containers used for the harvesting of shellfish; knowledge of potential environmental consequences from the use/misuse or improper disposal of pesticides; safety precautions necessary to avoid exposure of workers to anti-fouling paints; proper storage, handling, and disposal methods of paint chips and dusts suspected of containing organotin compounds; marine pests and relevant life cycles which are controlled through the application of anti-fouling paints; methods, procedures, and equipment used in applying organotin and anti-fouling paints; applicable State and Federal laws and regulations; and recordkeeping requirements under the Delaware Pesticide Law.

8.4.5.3 Mosquito Control. Applicators shall demonstrate a practical knowledge of the principles associated with the management of mosquitoes, including all of the following: their life cycle; types of formulations appropriate for their management; methods of application; possible effects on water quality; and, the potential health effects on humans in the target area.

8.4.6 Right-of-way Pest Control Category. Applicators shall demonstrate a practical knowledge of a wide variety of environments, since right-of-ways can traverse many different terrains, including waterways. They shall demonstrate practical knowledge of problems on runoff, drift, and excessive foliage destruction and ability to recognize target organisms. They shall also demonstrate practical knowledge of the nature of herbicides and the need for containment of these pesticides within the right-of-way area, and the impact of their application activities in the adjacent areas and communities.

8.4.7 Industrial, Institutional, Structural and Health Related Pest Control Category. Applicators in this category must demonstrate a practical knowledge of a wide variety of pests including their life cycles, types of formulation appropriate for their control, and methods of application that avoid contamination of food, contamination of habitat, and the exposure of people and pets. Since human exposure, including babies, children, pregnant women, and elderly people, is frequently a potential problem, applicators must demonstrate practical knowledge of the specific factors that may lead to a hazardous condition including continuous exposure. Because health related pest control may involve outdoor applications, applicators must also demonstrate practical knowledge of environmental conditions particularly related to this activity.

8.4.7.1 General Pest Control Subcategory. Applicators must demonstrate knowledge of household pests including: pests that invade or infest structures, stored products, and residential food preparation areas; pests that infest or contaminate foods and foodstuffs at any stage of processing in the food manufacturing and processing areas of operation including: flour mills, bakeries, bottling plants, dairies, canneries, meat packing plants, supermarkets, convenience stores, rest homes, hospitals, ships, vehicles, restaurants, cafeterias, and snack bars; conditions conducive to infestations and selection of appropriate control procedures, other than fumigation for each situation; and hazards associated with pesticides in food manufacturing and processing.

8.4.7.2 Wood Destroying Pest Control Subcategory. Applicators must demonstrate knowledge of organisms that destroy structures made of wood including beetles, termites and fungi, and conditions conducive to infestation; selection, calibration, and use of appropriate control procedures and their related equipment including: rodding and trenching, topical application of pesticides and local injection of specially labeled liquid or pressurized aerosol pesticides into infested wood; hazards involved in the handling and use of these pesticides.

8.4.7.3 Fumigation (Non-agricultural) Subcategory. Applicators must demonstrate a practical knowledge of the conditions requiring the application of fumigants, and the selection of the most appropriate fumigation methods to use; equipment used in fumigation including application, monitoring, testing, calculating, and personal protective devices; release, distribution, and maintenance of the correct fumigant concentrations for the product being used and the structure being fumigated under differing conditions; and hazards involved in the use of fumigants.

8.4.7.4 Wood Preservative Subcategory. Applicators must demonstrate a practical knowledge of the pests involved with wood products, including their life cycles, wood degradation, the pesticides available for controlling these problems, and methods of application including pressure, non-pressure and brush-on treatments. Since there is concern regarding the potential for environmental contamination as well as acute and chronic health problems from applicator exposure when using certain woodtreating pesticides, specific emphasis will be placed upon demonstrating a practical knowledge of the product use, precautions which are required and found on the labels and labeling of these pesticides and include protective clothing and equipment, sanitation procedures, disposal procedures and environmental precautions. Since treated wood products present potential environmental problems and acute and chronic exposure problems to the users and the general public, whether or not they come into direct contact with the treated wood, applicators must demonstrate a practical knowledge of the consumer information covering use, site, and handling precautions which are found in the Consumer Information Sheets of products registered for pressure treatment and in the labeling for products registered for sap and stain control, ground line treatment of utility poles, and home and farm use (including railroad tie repair).

8.4.7.5 Institutional and Maintenance Subcategory. Applicators in this subcategory must demonstrate a practical knowledge of a wide variety of pests for the purpose of providing structural pest control or lawn pest control in and around schools, hospitals, nursing homes, child day-care centers, and apartment buildings. Since children and elderly people have a potentially higher sensitivity to pesticides, applicators in this subcategory should be particularly knowledgeable in avoiding applications which may lead to a hazardous condition, including continuous exposure.

8.4.7.6 Cooling Tower Subcategory. Applicators shall demonstrate a practical knowledge of the labeling instructions, safety precautions and environmental concerns associated with the use of pesticides to treat the waters of cooling towers. They must demonstrate an understanding of the following: the effects of tower operation upon cooling water composition; the importance and potential harm of discharge of exhaust water into environment waters, the steps that can be taken to minimize water-caused problems, the importance of diligence and control in the execution of cooling water treatment programs.

8.4.8 Public Health Pest Control Category. Applicators shall demonstrate practical knowledge of vector-disease transmission as it relates to and influences application programs. A wide variety of pests are involved, and it is essential that they be known and recognized, and appropriate life cycles and habitats be understood as a basis for control strategy. These applicators shall have practical knowledge of a great variety of environments ranging from streams to those conditions found in buildings. They should also have practical knowledge of the importance and employment of non-chemical control methods such as sanitation, waste disposal, and drainage.

8.4.9 Regulatory Pest Control Category

8.4.9.1 Applicators shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of pests, and the potential impact on the environment of restricted use of pesticides used in suppression and eradication programs.

8.4.9.2 Applicators shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of relevant pests. Their knowledge shall extend beyond that required by their immediate duties, since their services are frequently required in other areas where emergency measures are invoked to control regulated pests and where individual judgments must be made in new situations.

8.4.10 Demonstration and Research Pest Control Category

8.4.10.1 Persons demonstrating the safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticides uses. Many different pest problem situations will be encountered in the course of activities associated with demonstration, and practical knowledge of problems, pests, and population levels occurring in each demonstration situation is required. Further, they should demonstrate an understanding of pesticide - organism interactions and the importance of integrating pesticide use with other control methods. In general, it would be expected that applicators doing demonstration pest control work possess a practical knowledge of all of the standards detailed in subsection 8.2 of this regulation. In addition, they shall meet the specific standards required for categories in subsections 8.4.1 through 8.4.9 of this regulation as may be applicable to their particular activity.

8.4.10.2 Persons conducting field research or method improvement work with restricted use pesticides should be expected to know the general standards detailed in subsection 8.3. In addition, they shall be expected to know the specific standards required for subsections 8.4.1 through 8.4.9 of this regulation, applicable to their particular activity, or alternatively, to meet the more inclusive requirements listed under “Demonstration".

8.4.11 Aerial Pest Control Category. The Department will adopt the federal category standards for commercial aerial applications as listed in 40 CFR 171.103(d)(15).

8.5 Commercial Applicator Certification Fees, Renewal, and Expiration

8.5.1 Certification Fees

8.5.1.1 Commercial applicators shall pay an annual certification fee of $30. All certifications shall continue in full force until December 31 of each year whereupon they shall become invalid unless renewed, except that a certification for which a renewal application has been submitted to the Department by November 30, shall remain in full force and effect until the Department gives notice to the applicant of renewal or denial. Applications for renewal shall be mailed to all certified applicators by the Department before October 1 of each year.

8.5.1.2 Federal, State or Local government employees who are certified under this law are exempt from this fee. This exemption shall remain valid only when applying or supervising the application of pesticides for the employing governmental agencies.

8.5.2 Certification Renewal

8.5.2.1 Commercial applicators shall be required to be reexamined through a written test prior to their annual certification renewal.

8.5.2.2 The reexamination requirement may be satisfied without taking a test, if the commercial applicator provides the Department with evidence that the applicator has completed a specified minimum number of hours attending approved education courses, seminars or programs during the 3 calendar years preceding certification renewal. The specified number of hours for each category are listed in subsection 8.5.2.4 of this regulation. This exemption from reexamination does not apply to an applicator holding a lapsed certificate, as described in subsection 8.5.3 of this regulation.

8.5.2.3 A commercial applicator shall be exempt from the reexamination requirement for the first 2 certification renewals following the applicator's original certification in Delaware.

8.5.2.4 The number of hours of training required are specified as follows:

4

4

8.5.3 Expiration

8.5.3.1 A certificate shall have a 90-day grace period after the date of expiration. When the grace period expires, the certificate shall be considered to have lapsed.

8.5.3.2 An applicator holding a lapsed certificate must be examined as described by subsection 8.2 of this regulation, in order to receive a new certificate.

8.5.3.3 A commercial applicator may not purchase, use or supervise the use of a restricted use pesticide during the 90-day grace period following the expiration date on the applicator's certificate. In addition, a commercial applicator with an expired certificate is not authorized to act as the designated certified applicator under the licensing provisions of §1206(a).

8.6 Exemptions. The standards outlined in Section 8.0 of this regulation do not apply to the following applicators for the purposes of these regulations:

8.6.1 Applicators conducting laboratory type research involving restricted use pesticides; and

8.6.2 Doctors of Medicine, Doctors of Osteopathy, and Doctors of Veterinary Medicine applying pesticides as drugs or medication during the course of their normal practice.

8.6.3 Owners and employees of any child day-care center which is operated within a private home.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-9.0 Standards For Certification of Private Applicators (Adopted from 40 CFR § 171.105 (a), (d) and (e))

9.1 The Department will adopt the Federal categories for Private Applicators as written in 40 CFR §171.105(a). As a minimum requirement for certification, a private applicator must show that the applicator possesses a practical knowledge of the pest problem and pest control practices associated with the applicator’s agricultural operations and his related legal responsibility. This practical knowledge includes ability to:

9.1.1 Recognize common pests to be controlled and damage caused by them.

9.1.2 Read and understand the label and labeling information, including the common name of pesticides the applicator applies; pest to be controlled, timing and methods of application; safety precautions; any pre-harvest or re-entry restrictions; and specific disposal procedures.

9.1.3 Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances taking into account factors such as area to be covered, speed at which application equipment will be driven, the quantity dispersed in a given period of operation, and the types of formulations.

9.1.4 Recognize local environmental situations that must be considered during application to avoid contamination.

9.1.5 Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.

9.1.6 Recognize chemical security for restricted use pesticides.

9.2 The competence of each private applicator shall be verified through the administration of a private applicator certification system here described which ensures that the private applicator is competent, based upon the standards set forth above, to use the restricted use pesticides under limitations of applicable State and Federal laws and regulations. One or more of the following options will be employed to certify private applicators:

9.2.1 General Certification. This option certifies the private applicator as competent to apply any restricted use pesticide that the applicator would normally expect to use in the applicator's particular agricultural operations. Competency determination shall reflect all aspects of the private applicator standards and shall be broad enough to test the private applicator's ability to apply general principles to specific problems associated with the restricted use pesticides required for the production and protection of the private applicator's crops.

9.2.2 Pesticide Class Certification

9.2.2.1 This option certifies the private applicator as competent to apply any restricted use pesticide products and all different formulations of a pesticide used for the same purpose, use, or application. Examples include preemergence herbicides for vegetable crops, foliar insecticides on corn, rodenticides in fruit orchards, nematicides in fields prior to planting, ground application of fungicides on vegetables, seed treatments for plant diseases, and livestock dips for insect control.

9.2.2.2 Competency determination shall reflect the full range of the private applicator standards, but with special emphasis placed on the particular characteristics of the pesticide class, as well as the nature of the application or use.

9.2.3 Commodity/crop/site Certification

9.2.3.1 This option certifies the private applicator as competent to apply any restricted use pesticide needed for specific crops or sites which the applicator would be expected to deal with in the applicator's agricultural operations. This would include any pesticide products (different pesticide classes, active ingredients, and formulations) used on a specific line or class designation. Examples include: single crop such as corn, apples, or wheat; single site class such as poultry houses or dairy barns; single livestock line, such as beef cattle, swine, or turkeys; crop classes such as forage crops or small fruits, site class such as barns or greenhouses; and livestock class such as poultry.

9.2.3.2 Competency determination shall reflect the full range of the private applicator standards, with emphasis placed on the particular characteristics of the specific crop or site, or crop/site class concerned and the pests involved.

9.2.3.3 A private applicator may wish to be certified for a specific crop or site (such as corn or beef cattle) or for a crop or site class (such as forage crops, livestock, small grain crops).

9.2.4 Single Product Certification. This option certifies as competent the private applicator for 1 or more uses of a single product or related products with the same active ingredient and with a similar formulation and uses. Competency determination shall reflect all appropriate uses of these products for the agricultural area where the applicator will be expected to make pesticide application.

9.2.5 Single Products/single Use Authorization (Emergency Program). This option would authorize the private applicator to make single use application of a restricted use product (or other products of the same formulation). This option will be used only as an emergency provision to accommodate situations such as an unexpected pest problem that requires immediate certification of a previously uncertified private applicator or one whose particular type of certification would not cover the product needed to deal with the problem.

9.3 Determination of Competency For Private Applicators

9.3.1 Competence in the use and handling of pesticides by private applicators shall be determined by written examinations, conforming with the examination standards and procedures at 40 CFR 171.103(a), with questions based upon study materials made available by the Department. Correctly answering 70% or more of the questions shall be considered to be satisfactory evidence of competence.

9.3.2 Failure to answer at least 70% of the questions correctly shall be grounds for denial of certification. The applicant may apply for reexamination, which shall be scheduled by the Department at least 30 days after the applicant’s initial examination.

9.3.3 Individuals with disabilities have the right to request accommodations. Individuals will receive accommodations appropriate to their needs without inhibiting the ability to meet the essential eligibility requirements for participating in the program, services, and activities. Individuals inquiring information may contact the Delaware Department of Agriculture, Pesticide Section via phone.

9.3.4 Prior to sitting for the exam the applicator will be required to show a valid, government issued, photo identification document. Acceptable photo identification documents include a current state issued driver's license (or a non-driver photo identification document), military ID or passport. No exam admittance will be allowed if applicator is unable to produce the required identification.

9.4 Private Applicators Certification Fees and Renewal

9.4.1 A private applicator’s certification shall continue in full force until December 31 of the third year following the applicator's original certification.

9.4.2 A private applicator shall be required to be reexamined prior to certification renewal.

9.4.3 The reexamination requirement may be satisfied without taking a test, if the applicator provides the Department with evidence that the applicator has attended a minimum of 3 hours of approved education courses, seminars or programs during the 3 calendar years preceding certification renewal.

9.4.4 In accordance with Title 3, Delaware Code, Section 1218, there is no fee for Private Applicator Certification.

9.5 Expiration

9.5.1 A certificate shall have a 90-day grace period after the date of expiration. When the grace period expires, the certificate shall be considered to have lapsed.

9.5.2 An applicator holding a lapsed certificate must be examined as described by subsection 9.2, in order to receive a new certificate.

9.5.3 An applicator may not purchase, use or supervise the use of a restricted use pesticide during the 90-day grace period following the expiration date on the applicator's certificate.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-10.0 Standards For Supervision of Non-certified Applicators by Certified Private and Commercial Applicators

10.1 The Department will incorporate by reference the federal standards as written in 40 CFR § 171.201.

10.2 Certified applicators whose activities indicate a supervisory role must demonstrate a practical knowledge of federal and state supervisory requirements, including labeling, regarding the application of restricted use pesticides by non-certified applicators.

10.3 The availability of the certified applicator must be directly related to the hazard of the situation, the complexity of the application or the ability to readily communicate with the non-certified applicator. In many situations, where the certified applicator is not required to be physically present, "direct supervision" shall include verifiable instructions to the competent person, as follows:

10.3.1 Detailed guidance for applying the pesticide properly; and

10.3.2 Provisions for contacting the certified applicator in the event the applicator is needed. In other situations, and as required by the label, the actual physical presence of a certified applicator may be required when application is made by a non-certified applicator.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-11.0 Federal Agency Pesticide Applicators

11.1 When an employee of any agency of the United States Government has been qualified in any category as competent to apply restricted use pesticides under the Government Agency Plan (GAP) or under other plans judged by the Secretary to be at least equal to the Delaware Plan, the employee will be certified by the Secretary in the same category without the need for a written examination nor for the payment of any fee.

11.2 Federal employees qualified under an acceptable Federal Plan to apply restricted use pesticides and who intend to apply restricted use pesticides in Delaware as a part of their agency work shall present their qualifying documents to the Secretary and, if acceptable, these documents will be endorsed or a state document will be issued which will permit the federal employee to use restricted use pesticides in Delaware.

11.3 If, in an emergency situation, federal employees are brought into Delaware to control or eradicate pests and when these employees have been properly qualified to use restricted use pesticides under the plan of another state or under an acceptable federal government agency plan, these employees shall be considered to be certified in Delaware for a period of 10 days. Within this 10-day period their agency must present qualifying credentials to the Secretary and at that time state credentials will be issued if the employees are to remain in Delaware as applicators of restricted use pesticides.

11.4 The provisions of this section do not apply to non-federal employees contracted to perform pesticide application for the federal government. In an emergency, however, and with the concurrence of the Secretary, a non-certified person may apply pesticides under the direct supervision of a properly certified federal applicator. Within 10 days such person working within the state boundaries must apply for Delaware certification in the normal manner.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-12.0 Reciprocity

12.1 When a commercial applicator is certified under the state plan of another state and desires to operate as a commercial applicator in Delaware, the applicator shall make application to the Secretary. The application shall include:

12.1.1 The proper fee;

12.1.2 Other details required by the LAW; and

12.1.3 A true copy of the applicator's credentials that certify the applicator as an applicator of restricted use pesticides in another state.

12.2 If the Secretary approves the credentials, the Secretary will issue a Delaware certification to the applicator in the appropriate classification or category for which the applicator is certified in another state without a written examination. The original certification must be made in the state where the commercial applicator resides or where the applicator has a principle place of business.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-13.0 Revocation

The Department, after due notice and opportunity for a hearing, may deny, suspend, revoke or modify any application for or provision of any certification, including reciprocal certification, under the LAW if the Department finds that the Certified Applicator or the applicant for Certification has committed any act or acts declared by the Law or these regulations to be unlawful.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-14.0 Records

14.1 Commercial Applicators. Commercial applicators shall, for a period of 2 years from the date of application, keep records detailing the application of any pesticides to include:

14.1.1 The brand name of the pesticide used. In the case of a Restricted Use Pesticide or a pesticide which is used under the provisions of 40 Code of Federal Regulations, Part 170, Worker Protection Standards, the EPA Registration Number shall also be recorded at or before the time of application.

14.1.2 When applicable, the dilution rate of the pesticide and the amount of diluted material applied per unit (i.e. gallons/acre, lbs./acre, etc.).

14.1.3 The date and specific area treated, including name and address for whom it was applied.

14.1.4 The pest against which the pesticide was used and crop/commodity that was applied to with size of treatment area included.

14.1.5 The applicator's name, and when applicable, the name of the certified applicator responsible for the registered service employee's supervision.

14.1.6 When label directions advise precaution in regard to drift, on-site weather conditions to include:

14.1.6.1 Wind velocity and direction

14.1.6.2 Temperature

14.1.6.3 Relative humidity

14.1.7 In addition to the above record keeping requirements, the applicator shall have available at the site of application, a copy of the label of the pesticide being used. Upon request, the applicator shall provide any interested person at or adjacent to the application site, with any information contained on the pesticide label.

14.1.8 Unless good cause is shown, records required by subsection 14.1 shall be logged immediately or within 24 hours of completion of the pesticide application.

14.2 Restricted Use Pesticides Dealers

14.2.1 Restricted use pesticide dealers shall keep and maintain for a period of 2 years, records on the sale or other disposition of restricted use pesticides to include the following:

14.2.1.1 For each RUP distributed or sold, the name and address of residence or principal place of business of each certified applicator, or if applicable of the noncertified applicator for application by a certified applicator.

14.2.1.2 From the certification document presented to the seller on the valid certification - the issuing State, Tribe or Federal agency authorizing the certified applicator to purchase the RUP, the certification number, expiration date and certification categories of the certified applicator that are relevant to the pesticide sold, a form of photographic identification of the receiver must be presented at the time of delivery.

14.2.1.3 The product name and E.P.A. registration number on the label of the pesticide, including any applicable emergency exemption of State special local need registration number.

14.2.1.4 The quantity of the RUP distributed or sold in the transaction.

14.2.1.5 Date of the sale or transaction.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-15.0 Financial Security Required of Licensee

15.1 The Secretary shall not issue a license until the applicant has filed evidence of financial security with the Secretary. Evidence shall consist of a general liability insurance policy with completed operation coverage or certification thereof from an insurance company, person, or risk retention group formed under the Federal Risk Act of 1986, authorized to do business in Delaware.

15.1.1 Agriculture

15.1.1.1 Plant Pest Control. An applicant for certification in this category shall file evidence of financial security in the minimum amount of $300,000 for bodily injury or death for each occurrence and $100,000 for property damage resulting from the use or misuse of pesticides.

15.1.1.2 Agriculture Animal Pest Control. An applicant for certification in this category shall file evidence of financial security in the minimum amount of $300,000 for bodily injury or death for each occurrence and $100,000 for property damage resulting from the use or misuse of pesticides.

15.1.2 Forest Pest Control. An applicant for certification in this category shall file evidence of financial security in the minimum amount of $300,000 for bodily injury or death for each occurrence and $100,000 for property damage resulting from the use or misuse of pesticides.

15.1.3 Ornamental and Turf Pest Control. An applicant for certification in this category shall file evidence of financial security in the minimum amount of $300,000 for bodily injury or death for each occurrence and $100,000 for property damage resulting from the use or misuse of pesticides.

15.1.4 Seed Treatment. An applicant for certification in this category shall file evidence of financial security in the minimum amount of $300,000 for bodily injury or death for each occurrence and $100,000 for property damage resulting from the use or misuse of pesticides.

15.1.5 Aquatic Pest Control. An applicant for certification in this category shall file evidence of financial security in the minimum amount of $300,000 for bodily injury or death for each occurrence and $100,000 for property damage resulting from the use or misuse of pesticides.

15.1.6 Right-of-way Pest Control. An applicant for certification in this category shall file evidence of financial security in the minimum amount of $300,000 for bodily injury or death for each occurrence and $100,000 for property damage resulting from the use or misuse of pesticides.

15.1.7 Industrial, Institutional, Structural and Health Related Pest Control. An applicant for certification in this category shall file evidence of financial security in the minimum amount of $300,000 for bodily injury or death for each occurrence and $100,000 for property damage resulting from the use or misuse of pesticides.

15.2 Aerial Applicators. Aerial applicators applying for a license in any of the above categories or subcategories shall show evidence of financial security in the minimum of $100,000 for each individual damage and $300,000 for bodily injury or death for each occurrence and $100,000 for property damage resulting from the use or misuse of pesticides.

15.3 Nothing to these regulations shall be construed in any way to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though the use conforms to the rules and regulations of the Secretary.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-16.0 Storing and Disposal of Pesticides and Pesticide Containers

16.1 Prohibited Acts

16.1.1 No person shall dispose of or store (or receive for disposal or storage) any pesticide, pesticide container or pesticide container residue:

16.1.1.1 In a manner inconsistent with its label or labeling;

16.1.1.2 So as to cause or allow the open dumping of pesticides or pesticide containers;

16.1.1.3 So as to cause or allow open burning of pesticide or pesticide containers.

16.1.1.4 So as to cause or allow dumping of pesticides in any stream, river, pond, lake, sewer, storm water drain, or to ground water except in conformance with permits issued by the Delaware Department of Agriculture or other state agency having jurisdiction regarding water pollution;

16.1.1.5 So as to violate any applicable state or federal pollution control standard.

16.2 Pesticide and Pesticide Container Disposal

16.2.1 Pesticide containers shall, upon completion of use, be triple rinsed immediately by the applicator or someone under the applicator's direct supervision or cleaned by another method or procedure equivalent in residue removal effectiveness.

16.2.1.1 The standard triple rinse procedure is as follows:

16.2.1.1.1 The emptied container shall be drained for at least 30 seconds after steady flow of pesticide formulation has ceased and after individual drops are evident. Any pesticide formulation drained shall be added to the spray tank mix and shall be applied in accordance with label instructions.

16.2.1.1.2 A solvent, usually water, specified by the manufacturer and capable of removing the pesticide residue shall be added to the drained container in an amount equal to 10% of its capacity. The container then shall be shaken, agitated, or rolled vigorously in such fashion as to dislodge residues from the top, bottom and sides. The liquid residues (rinsate) shall be added as make-up to the spray tank mix, and the container shall be allowed to drain for at least 30 seconds after steady flow has ceased and after individual drops are evident.

16.2.1.1.3 The above procedure shall be performed 2 more times, each time allowing the container to drain at least 30 seconds and adding all rinsate to the spray tank mix to be applied in accordance with label instructions.

16.2.1.2 In cases where undiluted formulations are used and rinsate cannot be added to the spray tank, the residue must be disposed of in accordance with applicable Department of Natural Resources and Environmental Control (DNREC) regulations.

16.2.1.3 Methods of rinsing or cleaning containers, other than the standard triple rinsing procedure described above, may be used provided they are shown to remove equivalent amounts of pesticide residues which can be disposed of in an environmentally safe manner.

16.2.1.4 In the case of containers with removable inner liners that prevent contact between the pesticide and the container, removal of the empty liner shall be considered the equivalent of triple rinsing. The removed liners must be disposed of in a sanitary landfill. Empty liners removed from pesticide containers that held pesticides listed as hazardous waste are also considered hazardous waste unless the liners are triple rinsed using a solvent or other method approved as equivalent by the DNREC. Once rinsed these liners may be handled and disposed of in a sanitary landfill. Rinsates shall be used in accordance with subsection 16.2.1.1.2.

16.2.1.5 Following the rinsing, cleaning or liner removal procedure, plastic or metal containers not destined for return to manufacturers or shipment to reconditioners shall be punctured prior to disposal to ensure they are empty and to prevent re-use. Glass containers are exempt from this puncture requirement.

16.2.1.6 Pesticide containers labeled for commercial or farm use, which have been triple rinsed and handled in accordance with subsections 16.2.1.1 through 16.2.1.5, shall be disposed of at a sanitary landfill or through a Department accepted recycling program.

16.2.1.7 Unused or unwanted farm or commercial use pesticides that qualify as hazardous waste shall be disposed of in accordance with 7 Del.C., Ch. 63 and the Delaware Regulations Governing Hazardous Waste.

16.2.1.8 Pesticides or pesticide containers which are not subject to these regulations are as follows:

16.2.1.8.1 Paper, cardboard and fiberboard containers. Storage, handling and disposal must, however, be in accordance with label directions and any applicable DNREC regulations or local ordinances. This waiver applies only if all the pesticide contents have been removed from the container using practical methods.

16.2.1.8.2 Empty aerosol containers and empty compressed gas cylinders, provided that the empty aerosol containers contain non-reactive propellant and are disposed of according to the product labeling and the empty compressed gas cylinders are returned for re-use.

16.2.1.8.3 Pesticide containers labeled as returnable, and which are returned to the manufacturer for refill.

16.2.1.8.4 Pesticides and pesticide containers which are intended solely for home and garden use, provided they are securely wrapped in several layers of paper and disposed of singly through routine municipal solid waste disposal or at a sanitary landfill.

16.3 Pesticide Storage and Containment

16.3.1 Pesticides shall be stored in such a manner so as to prevent the contamination of food, feed and/or water.

16.3.2 Pesticides shall be stored out of the reach of children and so as not to present a public nuisance.

16.3.3 Until the Secretary, along with the Pesticide Advisory Committee and any other person as the Secretary may consult, promulgates more specific rules and regulations covering the storage and containment of pesticides not provided in subsections 16.1 and 16.3 of this regulation, the procedures for the storage and containment of pesticides detailed in Regulations promulgated by the Administrator, United States Environmental Protection Agency, shall be the procedures for Delaware. The Secretary shall make copies of these procedures available to any person needing guidance for proper storage of pesticides or pesticide containers.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-17.0 Pesticide Advisory Committee

Expenses of Members Not From Government Departments. Pesticide Advisory Committee members not from governmental departments shall submit expense accounts to the Secretary. Reimbursements made to members not from governmental departments shall be made for the actual cost of lodging and meals (out of state) and for transportation according to the regulations applicable to Department employees.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-18.0 Application and Equipment

18.1 No person shall apply, dispense or use any pesticide in or through any equipment or application apparatus unless the equipment or application apparatus is in sound mechanical condition and capable of satisfactory operation. All pesticide application equipment shall be properly equipped to dispense the proper amount of material; all pesticide mixing, storage, or holding tanks, whether on application equipment or not, shall not leak pesticide; all spray distribution systems shall not leak pesticides and any pumps which the systems may have shall not leak pesticides and any pumps which the systems may have shall be capable of operating at sufficient pressure to assure a uniform and adequate rate of discharge; and all pesticide application equipment shall be equipped with whatever cut-off valves and discharge orifices may be necessary to enable the operator to pass over non-target areas without contaminating them.

18.2 All hoses, pumps or other equipment used to fill pesticide handling, storage or application equipment shall be fitted with an effective valve or device to prevent backflow of pesticides or pesticide use-dilutions into water supply systems, streams, lakes, ground water or other sources of water. Backflow devices or valves are not required for separate water storage tanks used to fill agricultural pesticide application equipment by gravity systems when the fill spout, tube or pipe is not allowed to contact or fall below the water level of the application equipment being filled and no other possible means of establishing a backsiphon or backflow exists.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-19.0 Reserved

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-20.0 Restricted Use Pesticide Dealer Permits

20.1 For the purposes of Section 20.0, the following definitions shall apply:

"Restricted use pesticide dealer" means any person who makes available for use any restricted use pesticide, or who offers to make available for use any pesticide. The term excludes any person who sells or distributes pesticides only as an integral part of an application service and when the pesticides are dispensed only through equipment used during a pesticide application.

"Make available for use" means to distribute, sell, ship, deliver for shipment, or receive, and (having so received) deliver, for use by any person. However, the term excludes transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail dealers, acting only in those capacities.

"Dealership" means any site owned or operated by a restricted use pesticide dealer where any restricted use pesticide is made available for use, or where the dealer offers to make available for use any restricted use pesticide.

20.2 Effective December 31, 1990, no person shall make available for use any restricted use pesticide unless that person has a valid Dealer Permit issued by the Department.

20.3 A separate Dealer Permit shall be required for each dealership owned or operated by the restricted use pesticide dealer.

20.4 Issuance of a Dealer Permit:

20.4.1 Application for a Dealer Permit shall be made in writing to the Department on a designated form obtained from the Department.

20.4.2 The Department shall issue a Dealer Permit to an applicant upon payment of a fee of $25 for a calendar year or any part of a calendar year.

20.4.3 All permits shall remain in full force and effect until December 31 of each year whereupon they shall become invalid unless renewed, except that a permit for which a renewal application has been submitted to the Department by November 30 shall remain in full force and effect until the Department gives written notice to the permit holder of renewal or denial.

20.5 A restricted use pesticide dealer is responsible for the acts of employees in the solicitation and sale of all pesticides and all claims and recommendations for the use of pesticides.

20.6 A dealer permit is not transferable.

20.7 The Department, in addition to any penalties authorized by the LAW, may deny, suspend, or revoke the application or permit of a restricted use pesticide dealer if the pesticide dealer has failed to comply with any provisions of the LAW or any rules and regulations promulgated thereunder.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-21.0 Institutional And Maintenance Pesticide Use Restrictions

21.1 For the purposes of Section 21.0, the following definitions shall apply:

"Apartment Building" means a building that contains 4 or more dwelling units that are rented primarily for nontransient, permanent dwelling purposes, with rental paid by intervals of 1 week or longer.

“Child Day-care Center” means a facility, other than a school as defined elsewhere herein, which provides care, education, protection, supervision and guidance on a regular basis for children. Services are provided for part of the 24-hour day, unattended by parent or guardian, and for compensation. Provided, nevertheless, that “child day-care center” shall not include any facility which is operated within a private home.

“General Use Pesticide” includes all pesticides as defined by 3 Del.C. §1202(27), with the following exceptions:

Any Restricted Use Pesticides, as defined by 3 Del.C. §1202 (30);

Any State Restricted Use Pesticide, as defined by 3 Del.C. §1202 (31);

Any anti-microbial pesticide used for controlling bacteria, viruses, or other microorganisms.

“Hospital” has the same meaning assigned by 16 Del.C. §1001(1).

“Institutional and Maintenance Applicator" means any person who owns, operates or maintains a school, apartment building, nursing home, hospital or child day-care center, or is an employee of a school, apartment building, nursing home, hospital, or child day-care center; and who applies general use pesticides inside the school, apartment building, nursing home, hospital, or child day-care center.

"Nursing Home" has the same meaning assigned by 16 Del.C. §1101.

“Private Home" means a non-public residence such as a house, duplex, townhouse, apartment, or mobile home where the provider of child day-care services lives and has control over the furnishings and use of space. An individual unit in public housing and university housing complexes is considered a private home.

“School” means a completed structure utilized as a public or private school, grades kindergarten through post graduate.

21.2 A person certified as an Institutional and Maintenance applicator may not engage in the business of pest control outside the scope of their employment at a school, apartment building, nursing home, hospital, or child day-care center, unless the person becomes certified as otherwise provided by the LAW.

21.3 An owner or manager of a building that is a school, apartment building, nursing home, hospital, or child day-care center may obtain Institutional and Maintenance pest control services for the building from a person only by:

21.3.1 Contracting with a business licensed pursuant to 3 Del.C. §1206;

21.3.2 Having the services performed by an Institutional and Maintenance applicator with a valid certification in subsection 7.7.1.1 or 7.7.1.5 of these regulations.

21.4 Records of "general use pesticide" applications made in a school, apartment building, nursing home, hospital, or child day-care center shall be kept in accordance with subsection 14.1.

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

3 Del. Admin. Code § 601-22.0 Restrictions on the Use of Pesticide For the Control of Subterranean Termites

22.1 This section applies to commercial pesticide applications for the control of subterranean termites. It is directed primarily towards soil treatment and does not include other treatments applied as dusts, aerosols or fumigants, nor does it address application technology such as biological control agents or baits.

22.2 For the purpose of Section 22.0, the following definition shall apply:

"Termiticide" means a pesticide registered pursuant to the LAW and which is intended for preventing, destroying, repelling or mitigating termites.

22.3 Termiticides shall be used to establish a continuous chemical barrier in all applicable and labeled areas, and shall utilize at least the minimum application concentration and volume prescribed by the label. However, less than label-specified volume and the exclusion of label prescribed areas of treatment may be permitted if the conditions outlined in subsections 22.3.1 and 22.3.2 occur:

22.3.1 One or more of the following situations is present:

22.3.1.1 Specific environmental conditions are such that application of the termiticide at the full labeled concentration and volume may result in adverse environmental impact. Examples may include the presence of a well, a footing drain that empties into a water body, a high water table, etc.;

22.3.1.2 Structural barriers or soil conditions or types exist that prohibit application of the labeled volume or limit access to applicable soil treatment areas;

22.3.1.3 Specific customer request, or the recommendation of the certified applicator.

22.3.2 Within 14 days following the termiticide application, the following information shall be furnished in writing to the customer or to the customer’s agent:

22.3.2.1 A full disclosure explaining the difference between full and partial applications. The disclosure shall include the termite control strategies being utilized and the reasons for those alternatives;

22.3.2.2 The pesticide used, including brand name and EPA registration number;

22.3.2.3 The actual volume of the termiticide applied;

22.3.2.4 Specific information of sufficient detail to distinguish where treatment actually occurred, including a diagram of the structure identifying treated areas, known well heads, and sites of visible termite activity;

22.3.2.5 A clear, concise statement indicating whether the application has any guarantee or warranty, and the terms of the guarantee or warranty, e.g., retreatment (full or partial), damage repair and retreatment, or no warranty.

22.3.2.5.1 This information shall be furnished to the customer or customer’s agent on a form approved by the Department.

22.3.2.5.2 The applicator shall for a period of 2 years from the date of application, keep and maintain all completed copies of disclosure documents.

22.3.2.5.3 The records shall be made available to authorized employees of the Department upon request.

22.4 Any application of termiticides, pursuant to this section, must be conducted with a commercial applicator at the site of application. This commercial applicator must be certified in subsection 7.7.2, Wood Destroying Pest Control.

22.5 The disclosure information and written notification specified in subsection 22.3.2 are not required of termiticide treatments to utility poles, fence posts or tree stumps.

22.6 Any pre-construction termiticide application shall be applied in accordance with the termiticide product labeling and the U.S. Environmental Protection Agency, Pesticide Regulations (PR) Notice 96-7. For pre-construction treatments, PR Notice 96-7 supercedes Section 22.0, and no pre-construction treatment shall be applied at a lower dosage or concentration than specified on the label, for applications prior to installation of the finished grade.

22.7 Recommended Soil Sample Residue

22.7.1 Requirements for Termiticides as adopted by the Association of Structural Pest Control Regulatory Officials, effective November 14, 1995:

Termiticide

Parts Per Million (PPM)

Tribute

110

Dragnet

81

Torpedo

63

Prevail

46

Demon

28

Dursban

51

Pryfon

N/A

History

• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 3 DE Reg. 1693 (06/01/00)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 2 DE Reg. 1380 (02/01/99)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 17 DE Reg. 723 (01/01/14)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 26 DE Reg. 1050 (06/01/23)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 1300 (02/01/07)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 7 DE Reg. 1674 (06/01/04)
• 26 DE Reg. 1050 (06/01/23)
• 2 DE Reg. 1380 (02/01/99)
• 3 DE Reg. 1693 (06/01/00)
• 7 DE Reg. 1674 (06/01/04)
• 10 DE Reg. 833 (11/01/06)
• 10 DE Reg. 1300 (02/01/07)
• 17 DE Reg. 723 (01/01/14)
• 18 DE Reg. 960 (06/01/15)
• 26 DE Reg. 1050 (06/01/23)
• 28 DE Reg. 576 (02/01/25)

700 Planning Farmland Preservation

701 Farmland Preservation Program

3 Del. Admin. Code § 701 Farmland Preservation Program

Preamble

The Agricultural Lands Preservation Act (“Act”) was enacted on July 8, 1991 and provided for the creation of the Agricultural Lands Preservation Foundation (“Foundation”). The Foundation has been charged with the authority and responsibility of establishing and administering an extensive statewide program to preserve Delaware’s farmlands and forestlands. Information relating to the Foundation and questions regarding the Foundation’s operations may be obtained by contacting the Foundation by telephone at 302- 698-4530 or Toll Free in DE Only at 800-282-8685, or by visiting the office of the Foundation located at 2320 South DuPont Highway, Dover, DE 19901. Included in its responsibilities is the adoption of criteria for the establishment of and maintenance of Agricultural Preservation Districts (“Districts”) and adoption of criteria for the purchase of agricultural lands preservation easements (“Preservation Easement”) 3 Del.C. §904(a) and (b). These regulations are intended to provide guidelines and simplification regarding the manner in which the Agricultural Lands Preservation Program is administered.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-1.0 Criteria for District Eligibility

1.1 In order to qualify for the Agricultural Lands Preservation Program, the lands proposed as an Agricultural Preservation District in the application must meet the following minimum criteria:

1.1.1 owner(s) shall hold fee simple title to all land to be placed in a District and must be actively using the property for “agricultural and related uses”;

1.1.2 must constitute at least 200 acres of contiguous farmland or lesser acreage if the farmlands are located within three (3) miles of an established District;

1.1.3 shall be zoned for agricultural purposes and shall not be subject to any major subdivision plan;

1.1.4 applicant(s) including all fee simple title holders, must sign a written agreement committing to District restrictions set forth in this Section and 3 Del.C. §909 and other adopted requirements;

1.1.5 must be viable and productive agricultural land comprising a farm property unit and meet the minimum County Land Evaluation and Site Assessment (LESA) scoring requirements for eligibility as established by the Foundation; [3 Del.C. §908(a)(3)]

1.1.6 must include all of the eligible real property located in the tax parcel or tax parcels subject to application.

1.2 For the purposes stated in this chapter, the phrase "viable and productive agricultural land" is defined as land that qualifies under provisions of the Farmland Assessment Act. [9 Del.C. §§8329 - 8333]

1.3 The minimum LESA score for an eligible District or Expansion shall be 170 points out of a possible 300 points for each county in the State as computed under the currently approved LESA program of the Delaware Department of Agriculture.

1.4 The LESA score for agricultural lands is the primary factor in evaluating the eligibility of agricultural lands for inclusion in Districts and expansions, including the eligibility for purchase of preservation easements.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-2.0 Application Procedures

2.1 The Foundation will provide application forms on which applicants who volunteer to place their lands into an Agricultural Preservation District will provide such information as the Foundation deems appropriate.

2.2 The Foundation shall provide assistance to potential applicants in completing application forms when requested.

2.3 Foundation staff may conduct on-site inspections and/or phone interviews with the applicants to acquire data necessary to perform LESA analyses and write a staff report.

2.4 In conjunction with the application, all fee simple owners shall sign a District Agreement in such form as deemed acceptable by the Foundation and which serves as a declaration in recordable form of acknowledgment of the policies and restrictions that must be followed, and benefits realized in a District.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-3.0 Application Review Procedures

3.1 The Foundation has the authority to approve applications establishing Agricultural Preservation Districts and the authority to purchase preservation easements. [3 Del.C. §904]

3.2 The Foundation staff will review applications and determine whether or not the minimum eligibility requirements under Section 1.0 have been met.

3.3 If the minimum eligibility requirements have not been met, then the applicant will be notified by letter from the Foundation indicating that the application does not qualify for further review, and the reasons for ineligibility.

3.4 If an applicant excludes a portion of property otherwise includable in a proposed District, then the Foundation may deny the application, unless the property proposed for exclusion is not otherwise eligible for inclusion due to the use of the property at the time of the application.

3.5 Subject to Section 3.3 above, if the lands proposed as a District in the application (200 or more acres) meet minimum eligibility criteria, then the Foundation staff will submit to the Foundation, the County Farmland Preservation Advisory Board and the County Planning and Zoning Authority, applications and an indication that the application meets the minimum eligibility requirements.

3.6 If the applicant disagrees with the staff evaluation of the proposed District, then the applicant may contact the Foundation staff to discuss the application review.

3.6.1 Foundation staff will meet with the landowner to discuss the review within thirty (30) days from receiving formal contact from the applicant.

3.7 If the issue is not resolved to the applicant's satisfaction, the applicant may request an administrative review with the Foundation by submitting a letter to the Foundation within fourteen days (14) of the applicant's last meeting with Foundation staff.

3.8 This letter must include reasons and documentation to justify the applicant's claim(s).

3.9 The Foundation will schedule a meeting and notify the applicant by certified letter of the date, time, and place of the meeting.

3.10 At the administrative review meeting, the applicant(s) shall present information or documentation as to how the proposed District satisfies the eligibility criteria.

3.11 The Foundation will render a decision within thirty (30) days from the administrative review meeting and notify the applicant in writing of its decision.

3.12 Owners of real property who have executed a District Agreement or a preservation easement that incorporate the restrictions in effect prior to the Senate Bill No. 333 amendments and who elect to be released from the restrictions set forth in 9 Del.C. §909(a)(2)(b) pursuant to 9 Del.C. §909(a)(4)(c), shall comply with the following requirements:

3.12.1 Owners who have executed a district agreement and who wish to designate up to three residential lots shall designate the allowable residential acreage in sufficient detail to enable the Foundation to determine the location of the residential acreage, and while a survey may be submitted, a survey shall not be required. The Owner shall execute an amendment to the Owner's District Agreement in a form designated and acceptable to the Foundation, subjecting the real property to the restrictions set forth in 9 Del.C. §909(a)(1), (a)(2)(a), (a)(4)(a) and (a)(4)(b).

3.12.2 Owners who have executed a preservation easement and who wish to designate up to three residential lots shall designate the allowable residential acreage in sufficient detail to enable the Foundation to determine the location of the residential acreage and shall submit to the Foundation for its review and approval, at the Owner's expense, an amended survey in recordable form. The amended survey shall show the entire parcel subject to the preservation easement and the location of any residential lots. The Owner shall execute an amendment to the preservation easement in a form designated and acceptable to the Foundation, subjecting the real property to the restrictions set forth in 9 Del.C. §909(a)(1), (a)(2)(a), (a)(4)(a) and (a)(4)(b).

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-4.0 Creation of a District

4.1 To establish an Agricultural Preservation District, the application must be approved by two out of three of the entities listed under Section 3.4 of these regulations. [3 Del.C. §907(c)]

4.2 After review by the Foundation, the application is subject to a review period of thirty (30) days in which the Secretary of Agriculture may reject the application. The application is officially approved at the end of the review period, if it is not rejected by the Secretary of Agriculture. [3 Del.C. §919]

4.3 The property legally becomes a District when the applicant and Foundation Chairperson (or designee) have signed the District Agreement and no rejection has been exercised by the Secretary of Agriculture, or the Secretary of Agriculture has waived the right of rejection.

4.4 Copies of the District Agreement shall be filed with the County Planning and Zoning and Tax Assessor's Offices and recorded in the Office of the Recorder of Deeds. The Foundation shall require from these Offices proof of recording and/or receipt of the District Agreement.

4.5 The Foundation shall endeavor to provide written notification of the date of establishment of the Agricultural Preservation District and provide a copy of the District Agreement to the applicant, however, the failure of the Foundation to satisfy any formality following execution of a District Agreement shall not affect the validity of the District Agreement.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-5.0 District Restrictions

5.1 Any rezoning or major subdivision of real property included in an Agricultural Preservation District is prohibited. [3 Del.C. §909(a)(1)]

5.2 The submission of applications or preliminary rezoning or subdivision plans for any property within an Agricultural Preservation District to a county or municipality shall be considered evidence of the intent to rezone or subdivide and no action shall be taken by any county or municipality on any such application until the expiration of the District Agreement.

5.3 During the term of the District Agreement, the property shall be used for “agricultural and related uses” and shall be used in such a way so that the property continues to qualify as “viable and productive agricultural land" as defined under provisions of the Farmland Assessment Act. [9 Del.C. §§8329 - 8333] No more than 1 acre of land for each 20 acres of usable land, subject to a maximum of 10 acres, shall be allowed for dwelling housing. For purposes of calculating the number of acres allowable for dwelling housing, fractions of any acre shall not be allowed. By way of example, if a farm consists of 45 acres of usable farmland, the number of acres allowed for dwelling housing shall be 2, and not 2.25.

5.4 The phrase 'agricultural and related uses' shall have the meaning set forth in 3 Del.C. §909, as the same may be amended from time to time.

5.5 Excavation or filling, borrow pits, extraction, processing and removal of sand, gravel, loam, rock or other minerals is prohibited unless such action is currently required by or ancillary to any preparation for, or operation of any activities including, but not limited to: aquaculture, farm ponds, cranberry operations, manure handling facilities, and other activities directly related to agricultural production.

5.6 Activities that would be detrimental to drainage, flood control, water conservation, erosion control or soil conservation are prohibited.

5.7 Any other activity that might negatively affect the continued agricultural use of the land is prohibited.

5.8 The term "usable land owned in the district" [3 Del.C. §909(a)(2)], shall be defined as any land meeting the requirements for agricultural, horticultural or forest land in the Farmland Assessment Act of 1968 [9 Del.C., Chapter 83] and [3 Del.C. §403] or criteria for farm definition as established by the National Agricultural Statistics Service.

5.9 The District Agreement and District requirements and benefits shall be binding on the heirs, successors and assigns of property owners of lands within a District. A property owner in a District shall provide written notice to the Foundation of any proposed transfer of property subject to the District Agreement at least ten (10) days in advance of the transfer, and shall give written notice to any successor or assign at least ten (10) days in advance of the date of transfer of the property that the property is subject to District restrictions. The party taking title shall execute a document as required by [3 Del.C. §909(a)(2)c.] acknowledging the acreage allowed for dwelling housing and the restrictions which apply to the property. The failure of the property owner to notify the transferee as provided herein shall not affect the transferee’s obligation to comply with the terms and conditions of the District Agreement upon the transfer of title.

5.10 Under 3 Del.C. §909(a)(3), all restrictions shall be covenants which run with and bind the lands in the District for a minimum of ten (10) years, beginning when the District Agreement takes effect as specified in the District Agreement.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-6.0 Continuation of a District

6.1 All properties are to remain in an Agricultural Preservation District for at least ten (10) years, subject to the allowance of hardship exceptions for exclusion of dwelling housing pursuant to 3 Del.C. §909(a)(2)(b) and Section 9 of these guidelines.

6.2 If a landowner wishes to withdraw from, or terminate a District, then the Foundation must receive a written notice of intent to withdraw no less than six (6) months prior to the ten (10) year anniversary date of initial establishment of the District. [3 Del.C. §909(b)]

6.2.1 If the Foundation does not receive a written notification of the landowner's intent to withdraw from the District six (6) months prior to the ten (10) year anniversary date of that District, then the land shall remain in the District for an additional five (5) year period unless and until notice of intent to withdraw shall be given six months prior to the end of each additional five-year period.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-7.0 Expansion of a District

7.1 An Agricultural Preservation District can be expanded for the purpose of preserving additional lands. Lands added to a District may be under 200 acres.[3 Del.C. §907(d)]

7.2 Land which is less than 200 usable acres, yet meets the other criteria established by the Foundation, is eligible to be an expansion (“Expansion”) of an Agricultural Preservation District if it is within three (3) miles of any portion of an established Agricultural Preservation District. [3 Del.C. §907(a)]

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-8.0 Inspection of Districts

8.1 The Foundation has the authority to enter upon lands as may be necessary to perform surveys, appraisals, and investigations to accomplish the purpose of the program, consistent with applicable statutes. [3 Del.C. §904(b)(14)]

8.2 The Foundation or its designee reserves the right to inspect restricted land and enforce agreements on its own behalf.

8.3 If any violations of the terms and the conditions of the District Agreement occur, the Foundation may institute proceedings in the appropriate court to enforce the terms and seek appropriate relief. [3 Del.C. §920(a)]

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-9.0 Dwelling Property Hardship Exceptions

9.1 Except as set forth in Section 9.7 hereof, owners of real property who have executed a District Agreement or a preservation easement that incorporate the restrictions in effect prior to the Senate Bill No. 333 amendments are entitled to apply to the Foundation for a hardship exception allowing for the transfer of dwelling property to parties who are not otherwise entitled to residential use of the dwelling property under the District Agreement or Preservation Easement, subject to the provisions of 3 Del.C. §909(a)(2)(b) and the following requirements.

9.2 An applicant for a hardship exception shall submit the following information in writing to the Foundation:

9.2.1 name and property interest of applicant in the dwelling property;

9.2.2 acreage of the dwelling property subject to application;

9.2.3 date on which the District was established;

9.2.4 number of dwellings and acreage of residential use currently on the property in the District;

9.2.5 the nature of the hardship condition and reasons justifying the granting of a hardship exception;

9.2.6 the extent to which the hardship condition is unavoidable.

9.3 The Foundation shall consider hardship conditions involving the following circumstances:

9.3.1 the sale or transfer of the dwelling property compelled by foreclosure, court order, or marital property division agreement;

9.3.2 the sale or transfer of the dwelling property compelled by job transfer;

9.3.3 the sale or transfer of the dwelling property compelled by health conditions;

9.3.4 the sale or transfer of the dwelling property required to avoid insolvency or bankruptcy; and

9.3.5 other circumstances of an unusual and extraordinary nature which pose a practical hardship to continued ownership of the dwelling property and which are unavoidable.

9.4 Hardship exceptions will not be granted when no real hardship exists and the primary consequence of the sale or transfer of the dwelling property is financial gain.

9.5 The applicant shall bear the burden of establishing the existence of hardship circumstances, and shall provide to the Foundation documentation in support of the application, and any documentation requested by the Foundation, provided however, that documentation involving privileged information may be submitted on a confidential basis.

9.6 The Foundation may require the applicant for a hardship exception to appear before the Foundation Board to present the application, and an applicant shall be entitled to appear before the Board to make a presentation by submitting a written request to the Foundation.

9.7 The granting of a hardship exception by the Foundation shall be subject to the following conditions:

9.7.1 the dwelling property following transfer shall be used only for residential purposes;

9.7.2 the transferred property shall not qualify for District benefits or benefits of Preservation Easements;

9.7.3 if the transferred property is subject to a Preservation Easement prior to transfer, payment shall be made to the Foundation in an amount equal to twenty-five (25) percent of the current fair market value of the land subject to transfer;

9.7.4 the transferee shall execute a Declaration in recordable form as prescribed by the Foundation which includes the acreage allowed for dwelling housing and the restrictions which apply to the real property;

9.7.5 the Foundation may require the transferor to execute a Declaration in recordable form as prescribed by the Foundation to evidence the status of allowable dwelling housing property on lands retained by the transferor which are in the District or subject to a Preservation Easement; and

9.7.6 such other terms and conditions considered necessary by Foundation to address the nature of the hardship condition.

9.8 The hardship provisions set forth herein shall not apply to the owners of real property who, pursuant to 3 Del.C. §909(a)(4)(c), have elected to be released from the restrictions of 3 Del.C. §909(a)(2)(b).

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-10.0 Delaware Farmland Preservation Fund

The Delaware Farmland Preservation Fund, hereinafter referred to as the "Fund", was enacted under 3 Del.C. §905 for the exclusive application by the Foundation to achieve the desired goals of preserving viable agricultural lands and conducting the business of the Foundation.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-11.0 Sources of Funding

11.1 The Foundation may accept donations, property, or development rights as gifts and monetary gifts from any source, public or private.

11.2 Monies not needed on a current basis by the Foundation may be invested with the approval of the Board of Trustees.

11.3 The Fund is subject to an annual audit to be prepared by an independent, certified public accountant. The findings of all audits shall be presented to the Board.

11.4 The Foundation shall manage the monies appropriated to it by the General Assembly in accordance with the terms of the appropriations.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-12.0 Criteria for Purchase Agricultural Lands Preservation Easements

12.1 The criteria for eligibility of acquisition of a Preservation Easement shall be the same as the criteria for district eligibility. In addition, offered preservation easement lands shall be in an established district and in compliance with district requirements to be eligible. The Foundation shall have the right, in its sole discretion, to acquire a Preservation Easement on only a part of the property included within the District Agreement.

12.2 The prioritization and selection of properties for the purchase of preservation easements shall be as set forth in Sections 13.0 through 20.0 inclusive hereof.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-13.0 Matching Contributions to the Program

The Foundation may establish a reserve or set aside of available funds for the matching of federal, county, local, or private funds for the preservation of farmland. The Foundation may allow the entity providing matching funding to select the qualified properties for purchases of easements using the matching funding not withstanding provisions of these regulations regarding selections. The Foundation has the discretion, but is not required, to match contributions.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-14.0 Schedule for Acquisition of Agricultural Lands Preservation Easements

14.1 Application and funding cycles will take place on schedules established by the Foundation.

14.2 Applications for the purchase of Preservation Easements in Rounds of Purchases shall be subject to deadlines established by the Foundation.

14.3 For each Round of Preservation Easement Purchases the Foundation shall arrange for the appraisal of the Preservation Easement value of those properties under consideration.

14.4 Upon completion, the appraisals shall be provided to the landowners, and procedures set forth herein involving offers for the sale of preservation easements under Option Agreements shall be initiated.

14.5 Offers received shall be held confidential until all offers are received after which the Foundation shall review the offers and announce the selections.

14.6 Following the selection of properties for acquisition of Preservation Easements, the Foundation shall arrange for surveys of the properties to be conducted, and proceed to settlement under the terms of the Option Agreements, subject to the availability of funding and satisfaction of regulatory, financial or other restrictions or limitations.

14.7 The Foundation is under no obligation to purchase a Preservation Easement which is offered for sale. [3 Del.C. §913.]

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-15.0 Application Procedures

15.1 A separate application shall be required for each farmland tract (operating farm unit) offered for Preservation Easement purchase. The Foundation shall not be obligated to process any incomplete application.

15.2 The Foundation shall develop, and make available to landowners or other interested parties, an application form for use in offers to sell Preservation Easements.

15.3 The Foundation shall review the application to determine if it is complete.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-16.0 Appraisals [3 Del.C. §916]

16.1 An offer to purchase a Preservation Easement shall be based upon one or more appraisal reports which estimate the full market value of the land under its agricultural zoning designation and the agriculture-only value of the farmland tract. The agricultural only value shall be based on an income capitalization methodology. Any appraisal obtained by the Foundation shall constitute the property of the Foundation and may not be used by the property owner for tax or other purposes. All categories of land located in the farmland tract shall be eligible for easement purchase and shall be appraised

16.2 The value of buildings or other improvements on the farmland tract shall not be considered in determining the Preservation Easement value. Excluded from the value of the Preservation Easement shall be any acreage designated or eligible to be designated by the owner for residential use pursuant to 3 Del.C. §909(a)(4)(a), provided however, the landowner shall have the right to waive eligible residential usage in which case the development rights value of the waived acreage shall be included.

16.3 The appraiser shall be:

16.3.1 An independent, licensed real estate appraiser who is qualified to appraise a property for easement purchase. An appraiser shall be selected on the basis of experience, expertise and professional designation; and

16.3.2 A member of an organization which subscribes to the "Uniform Standards of Professional Appraisal Practice" published by the Appraisal Standards Board of the Appraisal Foundation, and shall follow their ethical and professional standards.

16.4 The appraiser shall supply a narrative report which shall contain such information as required by the Foundation.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-17.0 Agricultural Lands Preservation Easement Value and Purchase Price

17.1 The value of a Preservation Easement in perpetuity shall be the difference between the full market value and the agriculture-only value contained in the appraisal report.

17.2 The price paid by the Foundation for the purchase of a Preservation Easement may not exceed, but may be less than, the value of the Preservation Easement. [3 Del.C. §916(a)]

17.3 If the applicant is not satisfied with the appraisal provided by the Foundation, the applicant shall be entitled to have an independent appraisal performed at the applicant’s expense by a qualified appraiser as specified in subsection 16.3. The alternative appraisal shall be prepared in the same format as the Foundation’s appraisal and shall be submitted to the Foundation within forty-five (45) days of the applicant’s date of receipt of the appraisal provided by the Foundation. The forty-five (45) day period may be extended by the Foundation, provided the time extension does not delay the time frame established by the Foundation for making selection and acquisition decisions.

17.4 The review of the alternative appraisals by the Foundation shall be based on written submissions under such procedures as specified by the Foundation. The maximum adjusted Preservation Easement value which the Foundation will accept is the difference between the agriculture-only value and the full market value, determined as follows:

17.4.1 The agriculture-only value shall equal the sum of:

17.4.1.1 The agriculture-only value determined by the applicant’s appraiser; and

17.4.1.2 Up to one-half of the positive difference between the agriculture-only value determined by the Foundation’s appraiser and his/her values which exceed those determined by the applicant’s appraiser.

17.4.2 The full market value shall equal the sum of:

17.4.2.1 The full market value determined by the Foundation’s appraiser; and

17.4.2.2 Up to one-half of the positive difference between the full market value determined by the applicant’s appraiser and his/her values which exceed those determined by the Foundation’s appraiser.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-18.0 Offer of Purchase by the Foundation

18.1 The Foundation has the authority to incorporate bidding and/or negotiation as part of the procurement process. [3 Del.C. §915]

18.2 In reviewing the offers of applicants to sell Preservation Easements to the Foundation, the Foundation shall, subject to consideration of any alternative criteria by the Foundation to satisfy special objectives, select those offers providing the highest level of percentage donation or percentage discount to the finally appraised value of the Preservation Easement, in accordance with the procedures and requirements of this Section. As an additional incentive, if any part of the applicant’s property subject to the offer is located in whole or in part within one-half (1/2) mile completely outside of any growth zone of the County in which the Property is located, or in whole or in part within one-half (1/2) mile completely outside of the boundary of an incorporated town, municipality or city, for the sole purpose of ranking said application, the Foundation shall increase the offered percentage discount by five percent (5%). By way of example, if an applicant’s offer includes a discount of sixty percent (60%), and the applicant’s property is located in whole or in part within one-half (1/2) mile completely outside of the specified areas, for ranking purposes, the applicant’s discount shall be deemed to be sixty-five percent (65%). If the applicant’s property is selected for purchase of a preservation easement, the purchase price for the preservation easement shall incorporate a discount of only sixty percent (60%). The locations of the growth zones referenced by the Counties and the one-half (1/2) mile surrounding areas are as shown in Appendix “A” attached hereto.

18.3 The Foundation shall entertain offers in the form of Option Agreements from all eligible applicants who wish to submit offers, and after all offers are received, list the offers with the highest to the lowest level of percentage donation or percentage discount to the finally appraised value of the Preservation Easement with any adjustment to the offered donation or percentage discount as specified in subsection 18.2 above.

18.4 Prior to releasing information to the public regarding the percentage of any discount or donation provided by a landowner the Foundation shall notify the landowner, identifying the requesting party, and obtain permission from the landowner prior to releasing the requested information. Otherwise, the information shall not be disclosed.

18.5 The Foundation may, but shall not be required to, allow a property owner in a District to submit an offer to sell a preservation easement on a portion of the real property in a District.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-19.0 The Agricultural Lands Preservation Easement

19.1 The owners of the subject farmland tract shall execute a document conveying the Preservation Easement which document shall be in a form which contains conditions contained in Option Agreements executed by landowners.

19.2 The document shall be in recordable form and contain:

19.2.1 A legal description setting forth the metes and bounds of the farmland tract subject to the Preservation Easement.

19.2.2 At least one course and distance referencing a fixed marker or monument of a type commonly placed in the field by a surveyor.

19.2.3 The legal description shall not contain a closure error greater than one foot per 200 linear feet in the survey.

19.2.4 The survey of the farmland tract on which a Preservation Easement is to be purchased shall show each of the residential lots, if any, designated by the owner pursuant to 9 Del.C. §909(a)(4)(a).

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-20.0 Title Quality

The Preservation Easement conveyed to the Foundation shall be unencumbered except for standard exceptions and be capable of being insured as such by an established and recognized title insurance company doing business in the State of Delaware. Any title defects, liens, survey discrepancies, boundary line disputes, or similar title issues shall be resolved by the property owner, at the property owner’s sole expense. If subsequent to the purchase of a Preservation Easement it is determined that the amount of acreage is less than as reflected on the survey used by the Foundation for purposes of calculating the purchase price for the Preservation Easement, the property owner shall be required to refund to the Foundation any excess funds paid in reliance upon the inaccurate survey.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-21.0 Residential Lots

21.1 Senate Bill 333 imposes alternative restrictions on the limited residential use of property subject to a District Agreement or Preservation Easement by replacing the unlimited number of residential dwellings allowed for owners, relatives of owners, and farm labor, with a total limit of three dwellings which can be occupied by any person. The overriding limitation of residential use of 1 acre for 20 acres of usable farmland (subject to a maximum of 10 acres) was left unchanged. Accordingly, owners can now designate up to three residential lots on District Property or Preserved Property. With respect to the designation of the residential lots allowed under Senate Bill 333, the following additional guidelines shall apply:

21.1.1 The acceptance by the Foundation of the designation of a residential lot does not mean that the location of the lot and proposed residential use complies with any applicable zoning rules or regulations, or that a lot is suitable for residential use. Owners are encouraged to conduct such investigations and perform such tests as they deem appropriate to ascertain whether or not any designated lot will be suitable for residential use and complies with all applicable land use regulations, including zoning laws.

21.1.2 The Foundation recognizes that at times, due to circumstances beyond the control of the owner, it may be necessary for the owner to change the location of a lot. As a matter of policy, the Foundation will allow such changes subject to the following requirements:

21.1.2.1 No change in the location of a lot or size of a lot shall be allowed which would cause the number of lots or amount of residential acreage to be in excess of that otherwise allowed under the terms of the District Agreement or Preservation Easement.

21.1.2.2 With respect to property subject to a Preservation Easement, the owner shall cause to be prepared, at the owner’s expense, an amended plot plan showing the entire parcel subject to the Preservation Easement and the location of each residential lot.

21.1.2.3 The owner shall execute an amendment to the District Agreement or Preservation Easement, which amendment shall reflect the change in the location or size of the residential lots, and which shall reference the amended plot plan.

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

3 Del. Admin. Code § 701-22.0 Strategy Map

The farm lands shown on the Strategy Map attached hereto as Appendix “B” which have a LESA Score of at least 170 are targeted for inclusion in Districts, and those qualified farms located in whole or in part one-half (1/2) mile completely outside of any growth zones designated under these regulations shall be further prioritized by the donation or discount advantage for such properties provided under subsection 18.2 of these regulations.

(Appendix A-1) State Map Of County Growth Zones NCC (https://regulations.delaware.gov/AdminCode/title3/700/AppendixA-1.pdf)

(Appendix A-2) State Map Of County Growth Zones Kent Co (https://regulations.delaware.gov/AdminCode/title3/700/AppendixA-2.pdf)

(Appendix A-3) State Map Of County Growth Zones Sussex Co (https://regulations.delaware.gov/AdminCode/title3/700/AppendixA-3.pdf)

(Appendix B) State Map Of County Growth Zones (https://regulations.delaware.gov/AdminCode/title3/700/AppendixB.pdf)

History

• 3 DE Reg. 170 (08/01/99)
• 19 DE Reg. 482 (12/01/15)

702 Regulations Governing the Delaware Agricultural Forestlands Preservation Program

3 Del. Admin. Code § 702 Regulations Governing the Delaware Agricultural Forestlands Preservation Program

The Foundation is granted authority to establish criteria for Forestland Preservation Areas (hereinafter referred to as "Forestland Preservation Area") and the purchase of forestland preservation easements. [3 Del.C. §933]

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-1.0 Criteria for Forestland Preservation Area Eligibility

1.1 In order to qualify for the Agricultural Forestland Preservation Program, the lands proposed as a Forestland Preservation Area in the application must meet the following criteria:

1.1.1 The owner or owners shall hold fee simple title to all land to be placed in the Forestland Preservation Area;

1.1.2 The land must constitute a contiguous area of trees or forest and cover at least 10 acres in size and be capable of being timbered and reforested, as determined by the State Forester;

1.1.3 The land shall be zoned to allow for agricultural or open space uses and shall not be subject to any major subdivision plan;

1.1.4 The applicant or applicants, including all fee simple title holders, must sign a written agreement committing to the Forestland Preservation Area restrictions set forth in this Section and 3 Del.C. §934 and other adopted requirements;

1.1.5 The land must be viable and potentially productive forestlands;

1.1.6 The land must be located outside a designated Growth Zone, as that term is defined in 3 Del.C. §902(11);

1.1.7 The land must not be subject to an existing conservation or preservation easement or other restriction which prohibits development;

1.1.8 The land proposed for inclusion shall include all of the eligible forestlands located in the tax parcels subject to the application, and no eligible real property shall be carved out or otherwise excluded. One (1) location containing no more than one (1) acre of land may be designated for seasonal recreational dwelling usage provided that the property proposed for inclusion contains at least 30 acres and the use of the designated area does not adversely affect the forestlands of the property. The owner may designate up to three residential locations as permitted under 3 Del.C. §933(8)(b), provided that any seasonal recreational dwelling shall be counted against the total allowable dwelling units;

1.1.9 No more than one (1) acre of land for each 20 acres of usable forestlands, up to a maximum of 10 acres, can be used for permanent dwelling housing;

1.1.10 The land shall have a forest management plan prepared by a professional forester that addresses the landowner's forest management goals for the land. The plan shall contain, at a minimum, aerial and soil maps of the land, a description and analysis of the forest by management unit, silvicultural prescriptions for each management unit, shall be revised and updated at least once every five years, and shall be available for inspection by the State Forester's office.

1.2 For the purposes stated in this chapter, the phrase "viable and potentially productive forestlands" is defined as land that is capable of being timbered and reforested as determined by the State Forester.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-2.0 Application Procedures

2.1 The Foundation will provide application forms on which applicants who volunteer to place their lands into a Forestland Preservation Area agree to provide the requested information.

2.2 The Foundation shall provide assistance to potential applicants in completing application forms when requested.

2.3 Foundation staff may conduct on-site inspections and phone interviews with the applicants to acquire data necessary to review the application and write a staff report.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-3.0 Application Review Procedures

3.1 The Foundation, subject to the review and approval of the State Forester, has the authority to approve applications establishing Forestland Preservation Areas and to purchase forestland preservation easements. [3 Del.C. §931]

3.2 The Foundation staff and the State Forester will review applications and determine whether or not the minimum eligibility requirements under subsection 1.1 have been met.

3.3 If the minimum eligibility requirements have not been met, the applicant will be notified by letter from the Foundation indicating that the application does not qualify for further review, and the reasons for ineligibility.

3.4 If an applicant excludes a portion of property otherwise includable in a proposed Forestland Preservation Area, the Foundation shall deny the application; provided however that the applicant shall have the right to designate a location for seasonal recreation dwelling usage and residential usage, as allowed by law.

3.5 Subject to subsection 3.3 of this regulation, if the lands proposed as a Forestland Preservation Area in the application meet minimum eligibility criteria, then the Foundation staff will submit to the Foundation and the State Forester applications and criteria checklists describing and summarizing the criteria as established in this chapter.

3.6 If the applicant disagrees with the staff evaluation of the proposed Forestland Preservation Area, then the applicant may contact the Foundation staff to discuss the application review. The Foundation staff will meet with the landowner to discuss the review within thirty (30) days from receiving such telephone call or letter.

3.7 If the issue is not resolved to the applicant's satisfaction, the applicant may request an administrative review with the Foundation by submitting a letter to the Foundation within fourteen days (14) of the applicant's last meeting with Foundation staff. This letter must include reasons and documentation to justify the applicant's claim or claims.

3.8 Within seven (7) working days from the receipt of the landowner's letter, the Foundation will schedule a meeting and notify the applicant by certified letter of the date, time, and place of the meeting, at least seven (7) days in advance.

3.9 At the administrative review meeting, the applicant or applicants shall present information or documentation as to how the proposed Forestland Preservation Area satisfies the eligibility criteria.

3.10 The Foundation will render a decision within thirty (30) days from the administrative review meeting and notify the applicant in writing of its decision.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-4.0 Creation of a Forestland Preservation Area

4.1 To establish a Forestland Preservation Area, the application must be approved by the Foundation and the State Forester. [3 Del.C. §932 (a)]

4.2 After review by the Foundation and State Forester, the application is subject to a review period of thirty (30) days in which the Secretary of Agriculture may approve or reject the application. The application shall be deemed officially approved at the end of the review period if it is not approved or rejected by the Secretary of Agriculture. [3 Del.C. §919 and 938]

4.3 The property legally becomes a Forestland Preservation Area when the applicant and Foundation Chairperson (or designee) have signed the Forestland Preservation Area Agreement and no rejection has been exercised by the Secretary of Agriculture, or the Secretary of Agriculture has specifically approved the application.

4.4 Copies of the Forestland Preservation Area Agreement shall be filed with the County Planning and Zoning and Tax Assessor's Offices and recorded in the Office of the Recorder of Deeds. The Foundation shall require from these Offices proof of recording, receipt of the Forestland Preservation Area Agreement, or both.

4.5 The Foundation shall endeavor to provide written notification of the date of establishment of the Forestland Preservation Area and provide a copy of the Forestland Preservation Area Agreement to the applicant, however, the failure of the Foundation to satisfy any formality following execution of a Forestland Preservation Area Agreement shall not affect the validity of the Forestland Preservation Area Agreement.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-5.0 Forestland Preservation Area Restrictions

5.1 Any rezoning or major subdivision of real property included in a Forestland Preservation Area is prohibited. [3 Del.C. §934 (a)(1)]

5.2 The submission of applications for preliminary rezoning or approval of subdivision plans for any property within a Forestland Preservation Area to a county or municipality shall be considered evidence of the intent to rezone or subdivide and no action shall be taken by any county or municipality on any such application until the expiration of the Forestland Preservation Area Agreement.

5.3 During the term of the Forestland Preservation Area Agreement, activities on the property shall be limited to forestry production, forestry operations, forestry management and control, wildlife habitat management, and activities related to the foregoing. [3 Del.C. §934(a)(2)]

5.4 Forestry management, control and related activities allowed on Forestland Preservation Areas are as follows:

5.4.1 Hunting, trapping and fishing, provided such activities are limited to private non-commercial activities that do not adversely affect the forestland use of the property, and provided further that leasing of the property for such non-commercial activities shall be allowed.

5.4.2 Easements, licenses and other property interests for utility, telecommunications, and access uses are allowed subject to the requirements set forth in 3 Del.C. §909(a)(5)(f).

5.4.3 The use of portable non-permanent forest planting, harvesting and processing equipment.

5.4.4 Conservation, educational and research activities related to forestlands.

5.4.5 Ditching for drainage necessary to enhance or preserve forestlands.

5.4.6 The grazing of livestock, excluding housing or shelters, subject to prior approval by the State Forester.

5.4.7 Timbering and reforestation.

5.4.8 Noncommercial private recreational uses such as hiking, horseback riding, and primitive camping, provided such activities do not adversely affect the forestland use of the property.

5.4.9 Activities involving best forestland management practices.

5.5 No more than 1 acre of land for each 20 acres of usable land in a Forestland Preservation Area, subject to a maximum of 10 acres, shall be allowed for permanent dwelling housing. The seasonal recreational dwelling usage designated pursuant to 3 Del.C. §933(7) shall be counted against the total allowable permanent dwelling housing acreage. With respect to acreage allowed for dwelling housing there shall be a limit of 3 dwelling houses for residential use placed on the allowable acreage at 3 locations designated by the owner. This limit shall include any pre-existing dwelling housing or the seasonal dwelling usage designated pursuant to 3 Del.C. §933(7). If however there exists 3 dwelling houses on the real property at the time of approval of the new Forestland Preservation Area, the allowable total number of dwelling housing and the allowable acreage shall be allocated to the existing dwelling houses and no additional dwelling houses, including seasonal dwelling usage, shall be allowed. The aforesaid dwelling housing allowances are subject to any applicable zoning laws and regulations, and the approval of said allowances by the Foundation shall not be considered a representation by the Foundation that said allowances comply with any applicable zoning laws and regulations.

5.6 Excavation or filling, borrow pits, extraction, processing and removal of sand, gravel, loam, rock or other minerals is prohibited unless such action is currently required by or ancillary to forestry management, control and related activities allowed on forestland preservation areas.

5.7 Activities that would be detrimental to drainage, flood control, water conservation, erosion control or soil conservation are prohibited.

5.8 Any other activity that might negatively affect the continued use of the land as forestlands is prohibited.

5.9 No conversion of forestland to cropland, pasture-land, open space or other types of land use shall be allowed.

5.10 No permanent commercial or industrial structures shall be located on the property.

5.11 No disposal, burial, storage, or stock piling of junk, vehicles, equipment, liquid or solid waste or other liquid or solid materials shall be allowed, except that wastewater spray irrigation shall be allowed utilizing best available treatment technology with storage and treatment facilities located on lands outside the Forestland Preservation Area.

5.12 The Forestland Preservation Area Agreement and Forestland Preservation Area requirements and benefits shall be binding on the heirs, successors and assigns of property owners within a Forestland Preservation Area. A property owner intending to transfer all or a portion of the property in a Forestland Preservation Area shall provide written notice to the Foundation at least (10) days in advance of the date of transfer of the property, and shall notify the purchaser or transferee that the property is subject to Forestland Preservation Area restrictions. Any transfer of real property in a Forestland Preservation Area shall be preceded by the execution by the transferor and the transferee of an Acknowledgment in the form designated by the Foundation and in recordable form acknowledging the restrictions applicable to the property and the agreement by the transferee to be bound by said restrictions.

5.13 Pursuant to 3 Del.C. §934 (d), all restrictions shall be covenants which run with and bind the lands in the Forestland Preservation Area for a minimum of ten (10) years, beginning when the Forestland Preservation Area Agreement takes effect as specified in the Forestland Preservation Area Agreement.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-6.0 Continuation of a Forestland Preservation Area

6.1 All properties are to remain in a Forestland Preservation Area for at least ten (10) years.

6.2 If a landowner wishes to withdraw from, or terminate a Forestland Preservation Area, then the Foundation must receive a written notice of intent to withdraw no less than six (6) months prior to the ten (10) year anniversary date of initial establishment of the Forestland Preservation Area. [3 Del.C. §934 (d)]

6.3 If the Foundation does not receive a written notification of the landowner's intent to withdraw from the Forestland Preservation Area at least six (6) months prior to the ten (10) year anniversary date of that Forestland Preservation Area, then the land shall remain in the Forestland Preservation Area for an additional five-year period unless and until written notice of intent to withdraw shall be given at least six months prior to the end of each additional five-year period.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-7.0 Inspection of Forestland Preservation Area

7.1 The Foundation and State Forester shall have the authority to enter upon lands located within a Forestland Preservation Area as may be necessary to perform surveys, appraisals, and investigations to accomplish its mission; consistent with applicable statutes and these regulations. [3 Del.C. §939]

7.2 The Foundation or its designee, including the State Forester, reserves the right to inspect restricted land and enforce agreements.

7.3 If any violations of the terms and the conditions of the Forestland Preservation Area Agreement occur, the Foundation may institute proceedings in the appropriate court to enforce the terms and seek appropriate relief. [3 Del.C. §939]

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-8.0 Purchase of Forestlands Preservation Easements [3 Del.C. §936]

8.1 The intent of this section is to provide a framework for the acquisition of Forestland Preservation Easements (hereinafter referred to as "Forestland Preservation Easements") to protect in perpetuity those lands of the state most suitable for long-term utilization of forestland resources while preserving invaluable wildlife and habitat protections and open space benefits to the citizens of the State of Delaware.

8.2 The Foundation will give priority to on acquiring Forestland Preservation Easements in areas where significant forestlands can be maintained for long-term forestry production.

8.3 Based on the long-range goal set forth in Section 8.2, the Foundation will only consider properties outside of designated growth areas in the acquisition of Forestland Preservation Easements.

8.4 In the criteria established for the prioritization of Forestland Preservation Easements, the Foundation will also give weight to the Forest Land Evaluation (LE) score for the subject parcel and the location of the subject parcel in relation to approved Delaware Forest Legacy Areas and state-designated Natural Areas.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-9.0 Schedule for Acquisition of Forestland Preservation Easements

9.1 Recognizing that voluntary applications by Forestland Preservation Area landowners may exceed available funds for the procurement of Forestland Preservation Easements, it is necessary to establish a procedure for pooling, reviewing, prioritizing, and funding applications for permanent Forestland Preservation Easements.

9.2 Application and funding cycles will take place on schedules established by the Foundation.

9.3 Applications for the purchase of Forestland Preservation Easements in Rounds of Purchases shall be subject to deadlines established by the Foundation.

9.4 For each Round of Forestland Preservation Easement Purchases the Foundation shall rank the applications in the Round in accordance with the criteria set forth herein.

9.5 Upon completion, the appraisals shall be provided to the landowners, and the procedures set forth herein involving offers for the sale of preservation easements shall be initiated.

9.6 After receipt and the completion of review of offers for the sale of preservation easements, the Foundation shall review the offers and announce the selections.

9.7 Following the selection of properties for acquisition of Forestland Preservation Easements, the Foundation shall arrange for surveys of the properties to be conducted, and proceed to settlement under the terms of option agreements, subject to the availability of funding and satisfaction of regulatory, financial or other restrictions or limitations.

9.8 The Foundation is under no obligation to purchase a Forestland Preservation Easement which is offered for sale.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-10.0 Matching Contributions To The Program

The Foundation may establish a reserve of available funds for the matching of federal, county, state, local, or private funds for the preservation of forestlands.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-11.0 Eligibility Criteria For Forestland Preservation Easements

The criteria for eligibility of acquisition of a Forestland Preservation Easement shall be the same as the criteria for Forestland Preservation Area eligibility. In addition, offered preservation easement lands shall be in an established Forestland Preservation Area and in compliance with Forestland Preservation Area requirements to be eligible; provided however that the Foundation shall have the authority to acquire Forestland Preservation Easements located within an existing Agricultural Preservation District heretofore approved by the Foundation. The Foundation shall have the right, in its sole discretion, to acquire a Forestland Preservation Easement on only a part of the property included within the Forestland Preservation Area Agreement or Agricultural Preservation District, as the case may be.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-12.0 Application Procedures

12.1 A separate application shall be required for each forestland tract offered for Forestland Preservation Easement purchase. The Foundation shall not be obligated to process any incomplete application.

12.2 The Foundation shall develop and make the application form available to landowners or other interested parties.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-13.0 Review and Evaluation of Forestlands Preservation Easement Application

13.1 The Foundation shall review the application to determine if it is complete and meets the minimum criteria set forth herein.

13.2 If the application is complete and the minimum criteria are met, a representative of the Foundation shall view the forestlands.

13.3 The Foundation shall for each Round of Preservation Easement Purchases evaluate applications which meet the minimum criteria and rank the applications in accordance with the criteria of Section 14.0. Notwithstanding the ranking procedure set forth in Section 14.0, the Foundation shall be entitled to have all eligible properties appraised and considered for purchase of Forestland Preservation Easements.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-14.0 Ranking Criteria for Forestland Preservation Easement Applications

14.1 A system for ranking Preservation Easement applications is established to assist the Foundation in reaching a final decision.

14.2 Four categories will be utilized to rank the Preservation Easement applications during the Foundation's review period with a maximum score of 220 points. The four categories, each of which is discussed below, are forest productivity, size of discount, proximity to an approved Delaware Forest Legacy Area, and proximity to a state designated Natural Areas. In the event of a tie score, the property with the higher Forest Land Evaluation (LE) will receive the higher ranking. If the tie score is not resolved by the Forest LE scores, then the parcel with the greater acreage will receive the higher ranking.

14.3 Forest Productivity - Forest Land Evaluation Score - 100 Points.

14.3.1 In order to follow a rational, statewide plan for the acquisition of development rights on forestlands, the Foundation will give weight to applications for sale of Preservation Easements based on the land's capacity to produce timber. A property's Forest LE score will be used to reflect this capacity. Forest LE scores range from 0 to 100 with 100 reflecting the best soils for timber production.

14.3.2 Land with multiple soil types with differing LE scores will be categorized based on a weighted area average of the various LE scores.

14.4 Forestland Preservation Easement Discount - 100 Points.

14.4.1 The Foundation will also consider applications for sale of Forest Preservation Easements based on the ability to purchase easements at a discounted cost or donation.

14.4.2 Weight will be given to the owner's willingness to receive a discounted payment from the appraised value of the Forestland Preservation Easement. One point will be awarded for each percentage of discount provided by the owner from the appraised value of the Forestland Preservation Easement.

14.5 Other factors - 20 Points.

14.5.1 Other criteria the Foundation will consider in the ranking of applications for sale of Forest Preservation easements will include the property's natural resource values, in addition to timber, and its location relative to lands designated as high priority for protection by the State.

14.5.2 Ten (10) points will be awarded if the property is located within an approved Delaware Forest Legacy Area (FLA). A property shall be considered within a FLA if at least half of the property's area is located within the FLA.

14.5.3 Ten (10) points will be awarded if the property is located within a state-designated Natural Area as defined in 7 Del.C. Ch. 73. A property shall be considered within a Natural Area if at least half of the property's area is located within the Natural Area.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-15.0 Appraisals [3 Del.C. §916]

15.1 An offer to purchase a Forestland Preservation Easement shall be based upon one or more appraisal reports which estimate the full market value of the forestlands under its agricultural zoning designation and the forest-only value of the forestlands tract. Any appraisal obtained by the Foundation shall remain the property of the Foundation and may not be used by the property owner for tax purposes.

15.2 Subject to subsection 15.7 of this regulation, an appraisal to the extent possible shall be based primarily on an analysis of comparable sales.

15.3 The value of buildings or other improvements on the forestlands shall be excluded in determining the Forestland Preservation Easement value. Excluded from the value of the Forestland Preservation Easement shall be the acreage designated for residential use or seasonable dwelling use.

15.4 The appraiser shall be:

15.4.1 An independent, licensed real estate appraiser who is qualified to appraise a property for easement purchase. An appraiser shall be selected on the basis of experience, expertise and professional designation, and

15.4.2 A member of an organization which subscribes to the "Uniform Standards of Professional Appraisal Practice" published by the Appraisal Standards Board of the Appraisal Foundation, and shall follow their ethical and professional standards.

15.5 The appraiser shall supply a narrative report which contains information specified by the Foundation.

15.6 The appraiser shall provide the Foundation with paper and electronic copies of each appraisal report as determined by the Foundation.

15.7 The forest-only valuation shall be based on the property's capacity to produce timber through each soil type located on the property. The State Forester shall calculate annual timber production rates for each soil type and determine a five-year, rolling average of timber sale prices for the state. These values will produce an average annual income per acre for the property. This income value will then be capitalized to produce the forest-only valuation using a five-year, rolling average rate of return.

15.8 The Forestland Preservation Easement value is then calculated using the full market valuation appraisal and the forest-only valuation.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-16.0 Comparable Sales Data

The appraiser shall supply information concerning comparable sales.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-17.0 Forestland Preservation Easement Value and Purchase Price

17.1 The value of a Forestland Preservation Easement in perpetuity shall be the difference between the full market value and the forest-only value contained in the appraisal report.

17.2 The price paid by the Foundation for the purchase of a Forestland Preservation Easement may not exceed, but may be less than, the value of the Forestland Preservation Easement. [3 Del.C. §916(a)]

17.3 If an applicant is not satisfied with the appraisal provided by the Foundation, the applicant shall be entitled to have an independent appraisal performed at the applicant's expense by a qualified appraiser as specified in subsection 15.4. The alternative appraisal shall be prepared in the same format as the Foundation's appraisal and shall be submitted to the Foundation within forty-five (45) days of the applicant's date of receipt of the appraisal provided by the Foundation. The forty-five (45) day period may be extended by the Foundation, provided the time extension does not delay the time frame established by the Foundation for making selection and acquisition decisions.

17.4 The review of the alternative appraisals by the Foundation shall be based on written submissions under such procedures as specified by the Foundation.

17.5 The maximum adjusted Preservation Easement value which the Foundation may accept is the difference between the adjusted forest-only value and the adjusted full market value, determined as follows:

17.5.1 The adjusted forest-only value shall equal the sum of:

17.5.1.1 The forest-only value determined by the applicant's appraiser, and

17.5.1.2 Up to one-half of the positive difference between the forest-only value determined by the Foundation's appraiser and that appraiser’s values which exceed those determined by the applicant's appraiser.

17.5.2 The adjusted full market value shall equal the sum of:

17.5.2.1 The full market value determined by the Foundation's appraiser, and

17.5.2.2 Up to one-half of the positive difference between the full market value determined by the applicant's appraiser and that appraiser’s values which exceed those determined by the Foundation's appraiser.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-18.0 Offer of Purchase by the Foundation

18.1 The priority for making purchases of Forestland Preservation Easements shall be those properties with the highest score as described in Section 14.0.

18.2 Notwithstanding the priority and non-priority requirements set forth in this Section, the Foundation shall be entitled to:

18.2.1 Accept donations of preservation easements under such terms and conditions that may be imposed in the donations, provided the preservation easements contain the restrictions imposed under 3 Del.C. Ch. 9; and

18.2.2 Participate in programs which make monies available for the purchase of preservation easements, subject to the requirements of such programs, provided the preservation easements contain the restrictions imposed under 3 Del.C. Ch. 9.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-19.0 The Forestlands Preservation Easement

19.1 The owners of the subject forestlands shall execute a document conveying the Forestland Preservation Easement which document shall be in the form specified by the Foundation or such other form which contains conditions contained in Option Agreements executed by landowners.

19.2 The document shall be in recordable form and contain:

19.2.1 A legal description setting forth the metes and bounds of the forestlands subject to the Forestland Preservation Easement and the seasonal dwelling or residential acreage, if any, designated by the owner pursuant to 3 Del.C. §933(8)(b).

19.2.2 At least one course and distance referencing a fixed marker or monument of a type commonly placed in the field by a surveyor.

19.2.3 The legal description shall not contain a closure error greater than one foot per 200 linear feet in the survey.

19.2.4 The forestlands on which a Forestland Preservation Easement is to be purchased must be surveyed and the survey shall show any residential acreage designated by the owner pursuant to 3 Del.C. §933(8)(b).

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

3 Del. Admin. Code § 702-20.0 Title Quality

The Forestland Preservation Easement conveyed to the Foundation shall be unencumbered except for standard exceptions and be capable of being insured as such by an established and recognized title insurance company doing business in the State of Delaware. Any title defects, liens, survey discrepancies, boundary line disputes, or similar title issues shall be resolved by the property owner, at his or her sole expense. If subsequent to the purchase of a Preservation Easement it is determined that the amount of acreage is less than as reflected on the survey used by the Foundation for purposes of calculating the purchase price for the Preservation Easement, the property owner shall be required to refund to the Foundation any excess funds paid in reliance upon the inaccurate survey.

History

• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 24 DE Reg. 860 (03/01/21)
• 10 DE Reg. 825 (11/01/06)
• 24 DE Reg. 860 (03/01/21)

800 Plant Industries

801 Regulations for Noxious Weed Control

3 Del. Admin. Code § 801 Regulations for Noxious Weed Control

800 Plant Industries

801 Regulations for Noxious Weed Control

1.0 General Definitions

For the purpose of these Rules and Regulations

"Noxious Weed" means any species of plant or parts of plants, that have been designated by the Department, under 3 Del.C. Ch. 24, as having adverse effects or threaten agricultural production.

"Persons" mean any individual, partnership association, fiduciary, corporation or any organized group of persons whether incorporated or not.

"Secretary" means the Secretary of the Delaware Department of Agriculture

2.0 Designation Of Species; Investigations; Control Programs; Grants; Weed Advisory Committee.

2.1 The Department of Agriculture designates the following species of weeds as Noxious Weeds in the State of Delaware:

2.1.1 Sorghum halepense L., commonly known as "Johnsongrass"

2.1.2 Cirsium arvense L., commonly known as "Canada Thistle"

2.1.3 Sicyos angulatus L., commonly known as "Burcucumber"

2.1.4 Ambrosia trifida L., commonly known as "Giant Ragweed"

2.1.5 Amaranthus palmeri S. Watson, commonly known as "Palmer's Amaranth"

2.1.6 Uruchloa texana Buckl., commonly known as "Texas Panicum"

2.2 The State Department of Agriculture may make such investigations studies and determinations as it may deem advisable in order to ascertain the extent of growth and infestation of noxious weeds in this state, and the effect of such species on agricultural production.

2.3 The Department may institute programs of control and eradication.

2.4 Authority for Department to enter into agreements.

2.4.1 The Department may enter into agreements with any county or subdivision of this State, with any adjoining state, or with agencies of the federal or state governments to affect a program of control and eradication.

2.4.2 When such an agreement is executed and certified in writing to the Secretary of State, the Department and the county may conduct surveys to determine the location and amount of infestations of designated noxious weeds within that county, and may provide technical and financial assistance to landowners in a cooperative control or eradication program, and may affect a program of mowing, spraying, or other control or eradication practices on road right-of-ways, drainage ditch banks, parks, playgrounds, and other public or private lands.

2.4.3 The agreement between the Department and county may be terminated by either party on 30 days written notice. (3 Del.C. 1953, §2403; 57 Del. Laws, c. 701).

2.5 The Department may accept, use or expend such aid, gift, grant, or loan as may from time to time be made available from any source, public or private, for the purpose of carrying out the provisions of this chapter.

2.6 The methods of operations by the Department shall not be limited to those specifically listed in this section.

2.7 A Weed Advisory Committee consisting of 5 persons shall serve in an advisory capacity to the Secretary on matters concerning noxious weed control in the State. The committee shall consist of a cooperative extension representative from the University of Delaware, chosen by the Director of Cooperative Extension Services; the Noxious Weed Specialist, State Department of Agriculture; and 1 person from each of the 3 counties to be chosen by the Governor's Council on Agriculture.

16 DE Reg. 66 (07/01/12)

3.0 Importation; Transportation; Control And Elimination

3.1 It shall be unlawful to import designated noxious weeds into this State, or to transport designated noxious weeds within this State, in any form capable of growth, except for purposes of research with the prior written approval of the State Department of Agriculture. It shall be unlawful to knowingly contaminate any uninfested land or roadway with designated noxious weeds through the movement of rootstocks, seed, soil, mulch, nursery stock, farm machinery, or other medium.

3.2 It shall be unlawful to knowingly allow designated noxious weeds to set seed on any land, or to allow any portion of a designated noxious weed plant to reach a height or vine length of 24 inches; and it shall be the duty of each landowner or person who has the present right to possess and/or use the land to mow, cultivate, treat with chemicals, or use such other practices as may be prescribed by the Department of Agriculture as effective in preventing seed set on designated noxious weed infestations or in elimination of the designated noxious weed plant.

4.0 Prosecution Of Violations

4.1 An exemption from prosecution is allowed by the Noxious Weed Law. To be exempt a landowner or person who possesses or has the use of that land must enter into a written agreement, commonly known as a compliance agreement, with the Department of Agriculture. The agreement must specify terms and conditions of a program for the control and eradication of designated noxious weeds and the land that is covered. So long as all the terms and conditions are being complied with, there is no violation of this chapter as to the land covered by the agreement.

4.2 Failure to comply with the provisions of this chapter may result in the assessment of a civil penalty. No civil penalty shall be imposed until an administrative hearing is held before the Secretary or his or her designee after due notice (20 days) has been given to the landowner or person who possesses or has use of the land in accordance with 29 Del.C., Ch.101, §10122.

5.0 Hearing Procedure And Appeals

5.1 All hearings which are held to enforce the provisions of this chapter shall be conducted by the Secretary or his or her designee. The landowner or person who possesses or has use of the land shall have the right to appear personally, and to be represented by counsel, and to provide evidence and witnesses in his or her own behalf. The Department shall preserve a full record of the proceeding. A transcript of the record may be purchased by any person interested in such hearing on payment to the Department the cost of preparing such transcript.

5.2 The Department shall issue a decision in writing to the landowner or person who possesses or has use of the land within 30 days of the conclusion of the hearing.

5.3 Any individual who feels aggrieved by an action of the Department as a result of an action resulting from a hearing held under this chapter may make an appeal, within 30 days of such action, to the Superior Court, and after full hearing the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds thereof, shall be served upon the Secretary of the Department.

6.0 Penalties

6.1 Any person who interferes with the Department of Agriculture in the enforcement of this chapter as determined in an administrative hearing, shall be assessed a civil penalty of no less than $50 nor more than $500 on each count.

6.2 Any person who refuses to comply with the provisions of this chapter shall be assessed a civil penalty of a minimum of $100 or $25 per acre of land upon which noxious weeds have seed, whichever is greater.

6.3 The proceeds of any fines or penalties imposed under his chapter shall be deposited into an appropriated special fund account in the Department of Agriculture.

6.4 These funds shall be used to support the noxious weed eradication programs of the Department of Agriculture.

7.0 Cutting And Spraying Of Noxious Weeds By The Department Of Transportation

7.1 The Department of Transportation shall cut down, or cause to be cut down, noxious weeds growing in the rights-of-way over which it has charge or supervision, as often in each year as shall be sufficient to prevent them from going to seed. When particular problem areas have been identified, they shall be sprayed to eradicate the weed. (64 Del. Laws, c. 2851 §1).

16 DE Reg. 66 (07/01/12)

802 Grain Inspection And Certification

3 Del. Admin. Code § 802 Grain Inspection And Certification

800 Plant Industries

802 Grain Inspection And Certification

1.0 General

1.1 Scope. To insure all grain inspected within the State of Delaware is uniformly inspected for quality.

1.1.1 To provide standards and guidelines to all granaries and their employees insuring that grain is inspected uniformly.

1.1.2 To provide training annually, and as needed, to all granaries and their grain inspectors.

1.2 Authority. These regulations are issued under the authority of 3 Del.C., Ch. 16 of the Annotated Code of Delaware.

1.3 Effective Date. These regulations were adopted on August 10, 2001, in accordance with 29 Del.C., Ch. 101 of the Annotated Code of Delaware.

2.0 Declaration Of Policy

2.1 3 Del.C., §§1601-1611, places the enforcement of the Delaware Grain Inspection, Certification, and Grain Contracts Law with the Department of Agriculture and empowers the Department to establish regulations.

2.2 By virtue of the authority vested in me as Secretary of Agriculture by 3 Del.C., Ch. 16, I, Michael T. Scuse, Secretary of Agriculture, do hereby promulgate the following rules and regulations governing inspection and certification of grain in Delaware.

3.0 Definitions

3.1 The following words and terms, when used in these regulations, shall have the following meanings, unless the context clearly indicates otherwise. All terms defined by the Delaware Grain Inspection, Certification, and Grain Contracts Law (3 Del. C., Chapter 16) are hereby incorporated by reference in this regulation.

“Department” means the State of Delaware Department of Agriculture and includes, but is not limited to: its officers, inspectors, employees, agents, or representatives.

“Devices” means any grain moisture testing devices.

“Grain” means includes, but is not limited to, corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and any other food grains, feed grains, and oilseeds for which standards have been established in the United States Grain Standards Act, U.S.D.A. Section 7 et. seq., A-D are incorporated here by reference.

“Grain Inspector” means anyone, who operates grain moisture testing devices, follows standard grain inspection procedures and uses other grain inspection equipment.

“Grain Law” means the Delaware Grain Inspection, Certification and Grain Contracts Law, 3 Del.C., Ch. 16.

“Granary” means any grain elevator facility that buys and/or sells grain.

“Standards” means the United States Grain Standards Act, U.S.C.A. Section 7 et. seq., A-D, and the USDA Grain Handling Procedures, Book I and Book II as amended and are incorporated here by reference.

4.0 Certification Of Granaries

4.1 No business shall act as a grain facility without first having obtained a certification as herein provided.

4.2 Every grain facility proposing to transact business within the State of Delaware shall make annual application. The application shall be on a form furnished by the Department, and shall contain the following information and such other relevant information as the Department shall require:

4.2.1 The name and address of the applicant;

4.2.2 The name and address of all applicable local agent or agents, if any;

4.2.3 The location of the applicant’s principle place of business;

4.2.4 The kind of grain the applicant proposes to handle;

4.2.5 The type of grain business the applicant proposes to conduct;

4.2.6 Registration of all grain testing equipment;

4.2.7 Registration of all employees who are proposed to conduct testing of grain.

4.3 No granary shall be certified, or shall remain certified, unless such granary:

4.3.1 Has applied for certification to the Department;

4.3.2 Employs licensed grain inspectors;

4.3.3 Has registered all grain testing equipment owned and operated by the granary;

4.3.4 Maintained a grain sample preservation protocol as approved by the Department;

4.3.5 Maintained good record keeping procedures, and keeps records for at least one year;

4.3.6 Has disclosed their grain discount schedules and posted them in a conspicuous location at the grain inspection station.

4.4 The Department, after due notice and opportunity for a hearing, may, in its sole and absolute discretion, deny, suspend, or revoke any certification where the Department finds the granary has committed any violation of the grain law or regulation of the Department.

4.5 The Department, after due notice and opportunity for a hearing, may deny an application for granary registration if the applicant has committed any violation under the grain law or regulation. Such decisions shall be final, binding and not subject to appeal.

5.0 Licensure Of Employees

5.1 Granaries shall utilize only licensed grain inspectors for all grain sampling and testing.

5.2 Every granary shall register with the Department all employees that will be inspecting grain.

5.3 It shall be the responsibility of the granary to insure that all applicants have successfully completed an approved training program. All training shall be completed within 30 days of employment.

5.4 To obtain a Grain Inspector’s license, applicants are required to file a written application with the Department and pass an examination conducted by the Department. Thereafter, grain inspectors shall renew their grain inspector’s license biannually on or before January 1 by filing an application for license with the Department and shall contain the following information and such other relevant information as the Department shall require:

5.4.1 The name and address of the applicant;

5.4.2 The location of employment;

5.4.3 Types of grain the applicant proposes to inspect;

5.4.4 The types of grain testing equipment in operation and expected to be used;

5.4.5 Satisfactory evidence of good character.

5.5 Written notification of employment termination of a licensed grain inspector shall be made to the Department within 30 days of termination.

5.6 The Department, after due notice and opportunity for a hearing, may deny, suspend, or revoke any grain inspector’s license, if the Department finds that he or she has committed any violation of the grain law or regulation of the Department.

5.7 The Department, after due notice and opportunity for a hearing, may deny an application for a grain inspector’s license, if the applicant has committed any violation under the grain law or regulation. Such decision shall be final, binding and not subject to appeal.

6.0 Fees And Renewal

6.1 Fees

6.1.1 Granaries shall pay to the State of Delaware a bi-annual license fee of $10.00 per inspector, which should be sent to the Department. All licenses shall continue in full force and effect until December 31 of the year of expiration, whereupon, they shall become invalid unless renewed.

6.1.2 Federal, State or Local government employees who are licensed under this law are exempt from this fee.

6.2 License Renewal

6.2.1 A license, or renewal application, submitted to the Department shall remain in full force and effect until such time as the Department gives notice to the applicant of renewal or denial.

6.2.2 Grain inspectors shall be required to be re-examined and pass a written test prior to their bi-annual license renewal.

6.2.3 The re-examination requirement may be waived without taking a test, if the applicant provides the Department with evidence that he or she has attended a minimum of three (3) hours of education courses, seminars or programs approved by the Department during the two (2) calendar years preceding license renewal.

6.3 Expiration

6.3.1 The license held by a licensee, where no renewal application is received, shall lapse on the thirtieth day following it expiration. After such lapse the licensee shall be without authority to inspect grain for approval pursuant to this regulation.

6.3.2 The person holding a lapsed license must be examined as described by §6.2.2, in order to receive a new license.

7.0 Exemptions

7.1 The above standards do not apply to farmers, or groups of farmers, for storage or consumption on their farms.

8.0 Inspection Standards

8.1 Grain inspection will be performed under the guidelines of the United States Grain Standards Act, U.S.C.A. Section 7 et. seq., A-D, and the USDA Grain Handling Procedures, Book I and Book II as amended.

9.0 Grading Equipment

9.1 The equipment, equipment procedures, and sampling procedures used to determine factors pertaining to the value of grain shall be those contained in the USDA Grain Handling Procedures Book I and Book II.

9.2 The Department shall have the power to inspect and test as often as deemed necessary in its sole discretion, and to determine the accuracy of all equipment and procedures used to sample and grade grain purchased by the granaries.

9.3 The Department shall approve and mark, or seal for use, equipment found to be in proper and accurate operation and function. Any equipment deemed to be inaccurate or improperly functioning shall be marked and labeled “condemned for repairs” or “not for grain inspection.”

9.4 Unapproved equipment shall be marked “not for grain inspection”.

10.0 Grain Sample Preservation Program

10.1 The grain inspector who determines grade factors for the purpose of establishing the value of grain shall identify and preserve the sample of each lot used to determine these factors for a period of twenty-four hours (24).

10.2 The sample size shall be a minimum of one and one-half (1.5) quarts and shall be preserved in a moisture-proof container maintained in adequate environmental conditions in order to preserved the integrity of the samples.

10.3 The samples shall be available at the granaries’ place of business, and shall be accessible for inspection by the Department or at the Department’s Inspection Laboratory.

10.4 To facilitate the use of file samples, each granary shall establish and maintain a uniform file system approved by the Department.

11.0 Record Keeping

11.1 Each granary shall make a written record as provided in Section 11.2 for each lot of grain weighed and graded. Unless otherwise agreed to at the time of transaction, the granary, or his agent, shall deliver a copy of the record to the person whom:

11.1.1 Is delivering the grain to the granary;

11.1.2 Is selling the grain to the granary;

11.1.3 Is buying the grain from the granary.

11.2 The record shall include:

11.2.1 Name and address of the person for whom the grain was weighed or graded;

11.2.2 The date the grain was weighed and graded (if separate dates, each shall be stated);

11.2.3 Type of grain;

11.2.4 Grade factors determined (see USDA Grain Handling Procedures Book I and II as amended);

11.2.5 Net weight from weigh ticket;

11.2.6 Specification of all discounts and deductions and how applied, and if no discount or deduction is given that fact shall be so stated;

11.2.7 The conversion from net weight to pricing unit;

11.2.8 Gross price per pricing unit;

11.2.9 Net price per pricing unit;

11.2.10 Total amount of sale.

11.3 The weigh ticket shall be attached to and made part of the record as provided in Section 11.2. The record shall be kept by the granary for one year, and upon request shall be made available to the Department.

12.0 Violations

12.1 The following acts shall be considered to be violations of the 3 Del.C. §1601 et. seq., and shall be punishable as provided in Section 1606.

12.1.1 Failure to apply for granary certification.

12.1.2 Failure to use licensed grain inspectors.

12.1.3 Failure to use approved grain testing equipment and procedures.

12.1.4 Failure to save, or have in place a sample preservation program.

12.1.5 Failure to keep adequate records.

12.1.6 Failure to post current discount where they can readily be viewed.

12.1.7 Granary has engaged in fraudulent or deceptive practices in the inspection of grain.

803 Rules and Regulations for the Control and Supression of the White Pine Blister Rust

3 Del. Admin. Code § 803 Rules and Regulations for the Control and Supression of the White Pine Blister Rust

800 Plant Industries

803 Rules and Regulations for the Control and Supression of the White Pine Blister Rust

1.0 Authority

These regulations are promulgated pursuant to the authority of Section 1102 of Title 3 of the Delaware Code.

2.0 Purpose

2.1 It is an established fact that White Pine Blister Rust requires alternate host plants of the genus Ribes to perpetuate itself and spread from one white pine tree to another, and that White Pine trees are valued as a landscape and ornamental tree. Therefore, the importation and cultivation of Ribes species is prohibited except as outlined in this regulation.

2.2 These regulations govern the permitting process and cultivation of plants of the genus Ribes within the State of Delaware. The Plant Industries Administrator or her or his designee shall have the authority to administer these regulations and shall be solely responsible for making the determinations required herein. These regulations have been developed to allow, as a permitted activity, the cultivation of Ribes species in a way that intends to minimize the potential for an outbreak of White Pine Blister Rust, Cronartium ribicola.

3.0 Definitions

“Department” means the State of Delaware Department of Agriculture and includes, but is not limited to, its officers, inspectors, employees, agents, or representatives.

"Person" means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons, and every officer, agent, or employee thereof.

“Plant” refers to all plant parts, including whole plants, roots, scions, seeds and/or cuttings.

4.0 Quarantine

4.1 No person shall possess or transport the plants Ribes aurium (golden currant) or Ribes nigrum (black currant) within the State of Delaware. No permits shall be issued for the plants Ribes aurium or Ribes nigrum.

4.2 No person shall possess or transport plants of the genus Ribes sp. without a valid permit from the Department of Agriculture.

5.0 Permitted Activities

5.1 A permit authorizing shipment, planting and propagation within a specified area may be obtained from the Delaware Department of Agriculture, Plant Industries for Ribes sp as specified in Section 4.0 of this regulation.

5.2 The permit must include the following information:

5.2.1 name, address, and telephone number of person applying for the permit

5.2.2 number of plants to be grown or imported during permit period, listed by cultivar

5.2.3 detailed map showing where Ribes cultivars will be grown during the permit period.

5.3 Conditions for the permit are as follows:

5.3.1 the permit shall expire five years from the date of issuance

5.3.2 at the end of the permit period, the permitee shall remove and destroy all permitted plants, unless the permit is amended and approved by the Department.

5.3.3 If any additional Ribes plants are received by the permitee during this period, the permitee shall notify the Department in writing, and include variety information and location of plants.

5.3.4 the permit may be revoked at any time, if the Department determines that the permitee did not follow permit conditions, if plants appear to be a risk of spread of white pine blister rust, or if white pine blister rust is discovered near the permitted location.

5.4 The application is not valid as a permit, unless signed by an authorized Department official.

6.0 Inspections

6.1 Inspections by the Department of Agriculture shall proceed as follows:

6.1.1 the permitee must allow Department access to site where the plants are grown.

6.1.2 the Department may inspect plants at least once each year during the permit period to ensure freedom from white pine blister rust disease.

6.1.3 If, upon inspection, white pine blister rust is found on the Ribes plants, the Department will issue a Control or Destruction order, in accordance with Title 3, Chapter 11, and at the permitee’s expense.

6.2 Plants used for experimental, educational or scientific purposes are not exempted from these regulations.

7.0 Violations

Any Ribes species plants found to have been transported or propagated in violation of these regulations shall be destroyed at the owner’s expense by the Department of Agriculture, and the owner assessed a civil penalty, in accordance with §1109(e).

15 DE Reg. 185 (08/01/11)

804 Rules and Regulations for Spotted Lanternfly

3 Del. Admin. Code § 804-1.0 Authority

These regulations are promulgated pursuant to the authority of Sections 1102, 1103 and 1106 of Title 3 of the Delaware Code.

History

• 22 DE Reg. 850 (04/01/19)

3 Del. Admin. Code § 804-2.0 Purpose

2.1 Spotted Lanternfly, Lycorma delicatula, is a new pest to the United States and has been detected in Delaware. This is a dangerous insect to forests, ornamental trees, orchards, and grapes and is not native to Delaware or the United States. It is not yet widely prevalent or distributed within or throughout Delaware, but it has been found in numerous locations since its first appearance in Delaware in 2017.

2.2 The Spotted Lanternfly has been determined by the Department to be dangerous and destructive to the agriculture, horticulture, and forests of the State of Delaware and is hereby declared a “dangerously injurious plant pest.” Therefore, the importation of any living life stage of the Spotted Lanternfly and Regulated Articles that may carry or spread the pest is prohibited except as outlined in this regulation.

2.3 These regulations govern the establishment of quarantine restrictions, permitting process, and discovery and suppression of the plant pest, Spotted Lanternfly, within the State of Delaware. The Plant Industries Administrator or designee shall have the authority to administer these regulations and shall be solely responsible for making the determinations required herein. These regulations have been developed to eradicate, repress, and prevent the spread of the plant pest, Spotted Lanternfly, (i) within the State, (ii) from within the State to points outside the State, and (iii) from outside the State to points within the State.

History

• 22 DE Reg. 850 (04/01/19)

3 Del. Admin. Code § 804-3.0 Definitions

The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:

“Control (of a pest)” means to curb or hold in check and includes, but is not limited to, abatement, containment, eradication, extermination or suppression.

“Dangerously injurious plant pest” means a plant pest that constitutes a significant threat to the agricultural, forest or horticultural interests of this State, or the State's general environmental quality.

“Department” means the State of Delaware Department of Agriculture and includes, but is not limited to, its officers, inspectors, employees, agents, or representatives.

"Designated employee" means the owner, manager, supervisor, or other person with authority to bind the entity and train other employees.

“Designee” means the person designated by the Plant Industries Administrator to act on their behalf.

“Eradicate” means the elimination or removal of a pest from a defined geographic area.

“Living Life Stage” means the entire life stage of the Spotted Lanternfly, including, but not limited to, adults, nymphs, or viable egg mass of Spotted Lanternfly.

"Person" means any individual, family, group, firm, association, business, company, corporation, entity or organization.

“Pest” means any biotic agent that is known to cause damage or harm to agriculture or the environment.

“Plant” means all plant parts, including whole plants, roots, scions, seeds and/or cuttings.

“Plant Pest” means, but is not limited to, any pest of plants, agricultural commodities, crop seed, farm products, horticultural products, nursery stock or noncultivated plants. This includes, but is not limited to, insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like organisms, weeds, plants or parasitic higher plants.

“Regulated Articles” means the plant pest Spotted Lanternfly, along with any material or object that may carry or spread the Spotted Lanternfly as provided in subsection 5.1 of these regulations.

“Spotted Lanternfly” means the invasive insect having scientific name Lycorma delicatula.

History

• 22 DE Reg. 850 (04/01/19)

3 Del. Admin. Code § 804-4.0 Quarantine

4.1 A Spotted Lanternfly quarantine is established in order to control the spread of the dangerously injurious insect, the Spotted Lanternfly, a menace to the State’s agricultural industries, environment, and residential areas of Delaware, the following Delaware counties and/or zip code areas are hereby quarantined in their entirety:

4.1.1 Following zip code areas in New Castle County: 19702, 19703, 19707, 19711, 19801, 19802, 19803, 19805, 19807, 19809, and 19810.

4.2 The Plant Industries Administrator or designee shall have the authority to designate any nonquarantined area in Delaware as a quarantined area, if the Administrator has reason to believe that the Spotted Lanternfly is present based on positive confirmation of any living life stage of this insect by the Department, or by agents of the USDA APHIS.

4.3 The purpose of this quarantine is as follows:

4.3.1 To establish provisions to control and eradicate the plant pest Spotted Lanternfly.

4.3.2 To establish requirements and parameters under which individuals and persons may move Regulated Articles within and from the areas covered by this quarantine, and any future added areas.

4.3.3 To establish treatment provisions for all properties within the area subject to this quarantine, and any future added areas.

History

• 22 DE Reg. 850 (04/01/19)

3 Del. Admin. Code § 804-5.0 Regulated Articles and Limitations Imposed

5.1 The plant pest Spotted Lanternfly and its eggs and nymphs can exist on and be spread through conveyance of any object to which it may attach are considered Regulated Articles under these regulations. Regulated Articles may not be moved out of or within the quarantined area except in accordance with Section 6.0 of these regulations. The following list provides examples of Regulated Articles, but is not an all-inclusive list. Any object capable of carrying the plant pest, Spotted Lanternfly, shall be considered to be Regulated Articles under these Regulations:

5.1.1 Any living life stage of the Spotted Lanternfly.

5.1.2 Plants and plant parts: This shall include, but is not limited to, all live or dead trees, nursery stock, budwood, green lumber, firewood, logs, perennial plants, garden plants and produce, stumps, roots, branches, mulch, composted and uncomposted chips, bark, and yard waste.

5.1.3 Outdoor industrial and construction materials and equipment, concrete barriers or structures, stone, quarry material, ornamental stone or concrete, construction, landscaping and remodeling waste.

5.1.4 Packing materials, such as wood crates or boxes.

5.1.5 Outdoor household articles including recreational vehicles, lawn tractors and mowers, mower decks, grills, grill and furniture covers, tarps, mobile homes, tile, stone, deck boards, mobile fire pits, any equipment, trucks or vehicles not stored indoors.

5.1.6 Conveyances of any type, whether utilized for movement of the materials previously listed or personal use, and any trailers, wagons or other equipment attached thereto.

5.1.7 Any other article, materials or means of conveyance when it is determined by an inspector to present a risk of spread of any life stage of Spotted Lanternfly.

History

• 22 DE Reg. 850 (04/01/19)

3 Del. Admin. Code § 804-6.0 Requirements for Movement of Regulated Articles Within or From a Quarantined Area

6.1 Individuals not conducting business, referred to as general members of the public, are not permitted to move Regulated Articles within or from the quarantine area without a checklist issued by the Department. Regulated Articles include any vehicle or conveyance. The valid signed checklist shall accompany the Regulated Articles. The checklist is available from the Department's website and is to be completed by the individual seeking to move Regulated Articles.

6.2 A permit is required for any Person conducting business requiring the movement of any Regulated Articles within or from the quarantine area.

6.2.1 The movement of Regulated Articles without a permit is prohibited. A person conducting business may not move any Regulated Articles within or from the quarantine area without a permit.

6.2.2 Permit Process and Requirements. A Person required to obtain a permit for movement of Regulated Articles within or from the quarantine area shall comply with the following:

6.2.2.1 Designated employees shall take training provided by the Department, University of Delaware Cooperative Extension, reciprocating state programs, or others, who have completed a Train the Trainer course approved by the Department. Designated employees shall have passed an examination, administered by an employee or agent of the Department, demonstrating they have an understanding and knowledge of the pest and of the procedures necessary to prevent the spread of the pest.

6.2.2.2 Upon successful completion of the training and passing the required test, the designated employee shall be responsible for training other employees of that entity and documenting such training. Multiple employees in a business may take the training and examination if the business deems that necessary to build sufficient training capacity within their organization.

6.2.2.3 In conjunction with taking the examination, the designated employee shall record, preserve, maintain and provide to the Department as needed, at a minimum, the following information:

6.2.2.3.1 The name, telephone number, and e-mail address of the designated employee taking the required test.

6.2.2.3.2 The legal name, address, business telephone number, and e-mail address of the business location or locations operating within the quarantine.

6.2.2.3.3 The number of vehicles and conveyances utilized.

6.2.2.3.4 An attestation that the permit holder shall comply with all requirements of this regulation.

6.2.2.4 Any employee responsible for driving any vehicle or conveyance, or handling, shipping, packaging or loading any Regulated Articles shall be trained by a designated employee who has taken the training, and passed the exam.

6.2.2.5 All Regulated Articles, including conveyances and vehicles, shall be inspected and all egg masses and other life stages of the Spotted Lanternfly shall be removed and destroyed prior to movement within or out of the quarantine area. A record of such inspection shall be kept and recorded.

6.2.2.6 Regulated Articles, other than the vehicles and conveyances themselves, shall be packaged and safeguarded sufficiently, such as within a closed container, shrink wrap, tight tarp or similar covering, to maintain isolation from the environment during storage or transportation.

6.2.2.7 Any stage of living life cycle of the insect, Spotted Lanternfly, found during any inspection shall remain within the quarantine area, be placed in a separate area away from other Regulated Articles, and shall be processed, treated, burned, or buried, in accordance with all federal, state or local laws. Final disposal of Regulated Articles shall be in a manner that does not leave material that may be infected or allow movement of the Spotted Lanternfly.

6.2.2.8 The Department may request in writing, additional information from the permit holder, for the purpose of evaluating the potential risk to the State.

History

• 22 DE Reg. 850 (04/01/19)

3 Del. Admin. Code § 804-7.0 Issuance of Permit

7.1 Until the Department develops a permitting issuing process, submission to the Department of a valid permit issued by the Pennsylvania Department of Agriculture, or any other State issuing such permit for the Spotted Lanternfly, will be accepted in satisfaction of the elements required in subsection 6.2 above.

7.2 Upon receipt of all required information as outlined in subsection 6.2.2.3 above, and the successful completion of the training and testing requirements of this quarantine, the Department will:

7.2.1 Issue a permit to the person that has successfully completed the testing and training, with sufficient copies to display in each business location and vehicle or conveyance.

7.2.2 Authorize any designated employee compliant with subsection 6.2.2.1, and issued a permit in accordance with the provisions of this quarantine, to train other employees of the business or entity.

7.3 Maintenance of Permit

7.3.1 Permits shall be valid for one year from the date of issuance, with extensions permissible upon notice by the Department. A permit shall be required until such time as the quarantine is rescinded by the Department.

7.3.2 A permit holder shall, prior to or immediately upon a change of information, provide the Department with notice of and describe any change to permit information previously submitted.

7.4 Display of Permit and Certificate

7.4.1 The permit issued to the person, business or other entity shall be displayed in a visible and conspicuous place at each business, entity, or individual location to which it was issued. A permit issued by the Department shall be placed in each vehicle or conveyance when being operated.

7.4.2 Subcontractors and Agents

7.4.2.1 A person required to have a permit shall assure any subcontractor or agent of that person has also obtained the proper permit and training as applicable, prior to subcontracting with that person or allowing that person to act as a subcontractor or an agent, for activity within the quarantine area.

History

• 22 DE Reg. 850 (04/01/19)

3 Del. Admin. Code § 804-8.0 Other Movement Provisions

8.1 Regulated Articles, including any vehicle or conveyance, may be shipped through the quarantine area if the Regulated Articles and the vehicle and conveyance originates outside the quarantine area and all the following criteria are met:

8.1.1 The points of origin and destination are outside of the quarantine area established by the Department, and are indicated on a waybill accompanying the Regulated Articles.

8.1.2 No point of origin is within an area of the State where the presence of the Spotted Lanternfly has been confirmed by a federal, state, or other regulatory agency.

8.1.3 If moving during the period of April through December, the Regulated Articles are moved into the quarantine area in an enclosed vehicle or conveyance or is completely covered, such as by a tarp or full shrink wrapping, to prevent exposure to the Spotted Lanternfly. The covering must be kept on the Regulated Articles until leaving the quarantine area and thereafter be inspected, decontaminated, or destroyed.

8.1.4 The Regulated Articles, including the vehicle and conveyance, are moved directly through the quarantine area without stopping (except for refueling, traffic control devices, or emergency conditions) and has been stored, packed, or handled only at locations outside the quarantine area.

8.2 If any other area inside or outside of this State is determined by a federal, state or other regulatory agency to have the Spotted Lanternfly present, movement from that area into the State shall require a permit issued either under the provisions of these regulations, Department approved permitting process or other program carried out by the State of origin.

History

• 22 DE Reg. 850 (04/01/19)

3 Del. Admin. Code § 804-9.0 Discovery and Suppression of Spotted Lanternfly

In order to prevent the introduction of or to control Spotted Lanternfly, the Department shall seek out this dangerously injurious plant pest within the State, issue orders for control measures it deems necessary, and apply regulatory provisions of Title 3, Chapter 11, §1103 of the Delaware Code.

History

• 22 DE Reg. 850 (04/01/19)

3 Del. Admin. Code § 804-10.0 Recordkeeping

10.1 Documentation of required inspections and compliance measures taken when shipping Regulated Articles, including vehicles and conveyances within or from the quarantine area, shall be kept by each individual, employee or person conducting activity within the quarantine area. These inspection records shall include recording of any living life stage finds and method utilized for destruction of the Spotted Lanternfly.

10.2 Documentation shall be kept listing each individual trained as a designated employee as set forth in subsection 6.2.2.

10.3 Incoming and outgoing shipment records are to detail the kind and quantity of Regulated Articles shipped, shipper name, date of shipment, source or destination information, and corresponding inspection treatment and mitigation records.

10.4 Inspection, treatment and mitigation records, including dates and outcomes, shall be kept in accordance with this section.

10.5 Records are to be maintained for a minimum of two (2) years with copies provided to the Department upon request.

History

• 22 DE Reg. 850 (04/01/19)

3 Del. Admin. Code § 804-11.0 Violations

11.1 In accordance with the provision of 3 Del.C. §1108, and 3 Del.C. §1110, it shall be unlawful to violate or fail to comply with any provisions of these regulations and the person charged with a violation of these regulations shall be assessed a civil penalty, in accordance with 3 Del.C. §1110.

11.2 Revocation of a Permit: Any permit may be canceled orally or in writing by the Department whenever the Department determines that the holder of the permit has not complied with a provision of these regulations or permit requirements in Sections 6.0 and 7.0. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances allow.

History

• 22 DE Reg. 850 (04/01/19)

805 Rules and Regulations for Delaware Domestic Hemp Production Program

3 Del. Admin. Code § 805-1.0 Authority

These regulations are promulgated pursuant to the authority of 3 Del.C. §101(2) & (3). All moneys collected by the Department pursuant to the Program shall be used for the enforcement and administration of the Program. The Department may sample and or test any hemp or hemp products to verify compliance with this chapter.

History

• 24 DE Reg. 861 (03/01/21)

3 Del. Admin. Code § 805-2.0 Purpose

2.1 The passage of the federal Agriculture Improvement Act of 2018 and legalization of Cannabis sativa L. offers an economic opportunity for the State of Delaware and its producers, processors, handlers, and consumers. The purpose of these regulations is to establish appropriate standards, definitions, and requirements for the agricultural production of hemp in the State of Delaware.

2.2 To establish a Hemp Production Program in the State of Delaware, the following regulations define how the Department will comply with USDA requirements as indicated in 7 CFR Part 990 Domestic Hemp Program, as the regulatory entity of hemp production in the State of Delaware. This administrative regulation establishes procedures and requirements for licensing persons who wish to grow or cultivate hemp as a participant in the Delaware Hemp Production Program.

History

• 24 DE Reg. 861 (03/01/21)

3 Del. Admin. Code § 805-3.0 Definitions

The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:

"Acceptable hemp THC level" means post decarboxylated delta-9 tetrahydrocannabinol concentration equal to or less than 0.3% on a dry weight basis, as reported by a USDA-approved laboratory. The designated laboratory will also report the measurement of uncertainty (MU), 0.3% must fall within the reported MU.

"Applicant" means an individual, or an individual authorized to sign for a business entity, who applies for a license or registration.

"Authorized representative" means an individual designated by a licensed producer to act as a point of contact on behalf of the licensed producer. This individual must be indicated on the Delaware Domestic Hemp Production Program application.

"Cannabis" means any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined or that has been determined to be above the acceptable hemp THC level.

"Composite sample" means a collection of cuttings from an individual lot.

"Corrective action plan" means a plan set forth by the Department for a licensed producer to correct a negligent violation of, or non-compliance with, the State of Delaware hemp production plan. This term is defined in accordance with the Agriculture Improvement Act of 2018, which mandates certain non-compliance actions to be addressed through corrective action plans.

"Criminal History Report" means a report detailing an individual's conviction status related to a controlled substance within the past 10 years at the state or federal level. The report must be dated within 120 days prior to the date of application submission and is required to be renewed every three years. A Criminal History Report is required for all key participants.

"Culpable mental state greater than negligence" means to act intentionally, knowingly, willfully, or recklessly or with criminal negligence.

"Cuttings" means flowering material of cannabis plant material collected for a sample.

"Decarboxylated" means the completion of the chemical reaction that converts THC-acid into delta-9-THC. The decarboxylated value may also be calculated using a conversion formula that sums delta-9-THC and THC-acid. The Department will consider the THC concentration level after this process, which is the post decarboxylated level.

"Delta-9-THC" means delta-9-tetrahydrocannabinol concentration (the primary intoxicating component of cannabis).

"Department" means the Delaware Department of Agriculture.

"Destruction methods" means the use of farm equipment to mechanically manipulate the soil or the plant to render a cannabis crop non-retrievable within an indoor or outdoor growing site. The Department will not regulate the removal of male plants.

"Dry weight basis" means a method of determining the percentage of a chemical in a substance after removing the moisture from the substance. Percentage of THC on a dry weight basis means the percentage of THC, by weight, in a cannabis item (plant, extract, or other derivative), after excluding moisture from the item.

"Farm service agency" or "FSA" means an agency of the U.S. Department of Agriculture that provides services to farm operations that will assist in information collection on land being used for hemp production.

"Flower material" means the complete inflorescence of the cannabis plant.

"Geospatial location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object.

"Growing site" -

"Indoor Growing Site" means an enclosed building with the same tax identification number, excluding any outdoor growing site, that can be secured and locked, in which cannabis plants are grown. Registration of a site must include a map, which contains a geospatial location of the site where hemp will be grown.

"Outdoor Growing Site" means a field location with the same tax identification number, excluding any indoor growing site, where cannabis seeds or plants are planted in the ground. Registration of a site must include a map, which contains a geospatial location of the site where hemp will be grown.

"Handler" means an individual, other than a producer or processor, transporting or storing hemp or hemp plant parts prior to the delivery of such plant or plant part for processing.

"Hemp" means all parts and varieties of the plant Cannabis sativa L. and any part of such plant cultivated or possessed by a license holder or registration holder, whether growing or not, with a post decarboxylated delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

"Homogenous” or “homogeneity" means a like plant variety in an individual lot.

"Key participants" means person or persons who have a direct or indirect financial interest in the entity producing or processing hemp, such as an owner or partner in a partnership. A key participant also includes persons in a corporate entity at executive levels including CEO, COO, and CFO. This does not include other management positions like farm, field, or shift managers.

"Laboratory" means a USDA-approved laboratory used by the Department to conduct regulatory testing for THC concentration levels in cannabis.

"License holder" means an individual or business entity authorized by the Department to grow, transport, or store hemp plants or plant parts.

"Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout. Lot also refers to the batch or contiguous, homogenous whole of a product being sold to a single buyer at a single time. Lot is defined by the producer in terms of farm location, planting date, and variety and is to be reported as such to the FSA.

"Measurement of uncertainty" or "MU", means the parameter associated with the results of a measurements that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement, if a sample measure of 0.3% THC falls within the MU range then the sample meets acceptable hemp THC levels.

"Negligent" means failure to exercise the level of care that a reasonably prudent person would exercise in complying with these regulations. Licensed producers that are found operating negligently will be required to perform a Corrective Action Plan.

"On-site" means a registered growing site as indicated on an Annual Growing Site Registration or Growing Site Modification form.

"Processor" means an individual or business entity that conducts processes that convert hemp in any way, to include drying down and packaging.

"Processor facility" means an enclosed building that can be secured and locked in which hemp is processed. Registration of a facility must include a map, which contains a geospatial location of the site where hemp will be grown.

"Producer" means an individual, who is 18 years of age or older, or business entity possessing a Producer License issued by the Department under the authority of this chapter to grow, cultivate, harvest, store, or transport hemp or hemp products. Including individuals growing transplants, seedlings, or clones. Once licensed the term "licensed producer" shall be used.

"Production" means to grow or cultivate hemp plants for market.

"Program" means the Delaware Domestic Hemp Production Program.

"Sample" means a composite sample collected by the Department.

"Sampling agent" means an individual employed by the Department to collect, label, and submit cannabis samples to a designated testing laboratory.

"USDA" means the United States Department of Agriculture.

History

• 24 DE Reg. 861 (03/01/21)

3 Del. Admin. Code § 805-4.0 Application, License and Registration

4.1 The Department intends to approve or deny applications for producers, handlers, and processors within 30 days of submission. The Department will issue a license number or registration number upon approval. Licenses or registrations issued by the Department are intended to validate growing sites, processing facilities, or storage facilities within the State of Delaware. Any changes to an applicant's contact information must be submitted to the Department within ten days of the change. The Department will deem persons who materially falsify any information in their application ineligible to participate in the Delaware Domestic Hemp Production Program. Any records of the Department that could provide the name or location of a growing site or producer are excluded from the public record under 29 Del.C. §10002(l) (1), (2), and (17)a. The Department may report information regarding licensees to law enforcement.

4.2 Producers:

4.2.1 New applications and renewals, using the Delaware Domestic Hemp Production Program Application, must be submitted between November 1st and February 1st of the given year. Licenses will be valid until December 31st of the year that is three years after the license is issued, unless otherwise revoked.

4.2.2 An Annual Growing Site Registration must be completed annually and submitted to the Department no later than February 1st.

4.2.3 A Growing Site Modification form is required to be completed and submitted to the Department if a licensed producer intends to alter the location or size of a growing site as indicated on the Annual Growing Site Registration.

4.2.4 The Department requires a licensed producer to oversee individuals conducting, but not limited to, the following actions related to their hemp crop acreage: cleaning seed, in-field consulting, custom planting, weed removal, custom harvesting, and storing.

4.2.5 The Department requires that a licensed producer notifies landowners of the intention to use their land as a hemp growing site, if the licensed producer is not the owner of the land where hemp will be grown.

4.2.6 The Department allows any licensed producer to designate one individual as an authorized representative. Licensed producers shall ensure that a Criminal History Report is completed by an authorized representative and submitted to the Department.

4.3 Processors are required by the Department to complete a Processor Application, Annual Processor Facility Registration and Criminal History Report. New applications and renewals must be submitted by October 31st. Processor Registration Certificates will be valid until December 31st of the year that is three years after the certificate is issued, unless otherwise revoked. Processor facility registrations must be submitted annually no later than October 31st. It is the expectation of the Department that all materials associated with processing and final products are within acceptable hemp THC levels.

4.4 Handlers. The Department requires that individuals intending to transport, or store hemp or hemp plant parts complete a Handler Application and Criminal History Report. New applications and renewals must be submitted annually. Licenses will be valid until December 31st of the year that the license is issued, unless otherwise revoked.

4.5 Criminal History Report. All applications and license renewals must be accompanied by completed State and Federal Criminal History Reports. If the application is for a business entity, a completed Criminal History Report must be provided for each key participant and authorized representative. Approved applications are subject to revocation pending results of the State and Federal Criminal History Reports.

4.6 Individuals shall submit applications to the Department via a physical collection point identified by the Department, or via email. Any questions related to applications must be submitted via email at DDA_HempProgram@delaware.gov. The Department will mail all licenses and registrations via USPS. The Department will maintain a copy of each license and registration for record.

4.7 The Department will determine the status of licenses based on the following:

4.7.1 Active: A licensed producer that is in good standing with this Program.

4.7.2 Suspended: A licensed producer that has engaged in conduct violating this Program.

4.7.2.1 A licensed producer whose license has been suspended shall not produce, handle or process hemp during the period of suspension.

4.7.2.2 The Department may require that a licensed producer whose license has been suspended complete a Corrective Action Plan to fully restore the license.

4.7.3 Revoked: A licensed producer that negligently violates this Program 3 times within a period of 5 years shall have the license revoked and be ineligible to produce, handle or process hemp for a period of 5 years beginning on the date of the third violation. The Department may immediately revoke licenses if:

4.7.3.1 A licensed producer pleads guilty to or is convicted of any felony related to a controlled substance.

4.7.3.2 A licensed producer makes a materially false statement with regard to this Program to the Department with a culpable mental state greater than negligence.

4.7.3.3 A licensed producer is found to be growing, handling or processing cannabis exceeding the acceptable hemp THC level with a culpable mental state greater than negligence or has negligently violated this Program 3 times within a period of 5 years.

4.8 A Delaware institution of higher education that plans to produce and study hemp in the state, is required to complete the appropriate application and obtain a license from the Department.

4.8.1 The Department shall charge an institution of higher education sample collection and testing fees. The Department shall conduct regulatory samples and charge an institution of higher education fees associated with a producer, handler, or processor license, should the institution of higher education choose to participate in the Program for purposes other than research.

4.8.2 In accordance with the Delaware Domestic Hemp Production Program, a Delaware institution of higher education will not be determined noncompliant if the Delaware institution of higher education grows cannabis that exceeds Acceptable Hemp THC Level, as long as the cannabis crop is grown for research purposes and does not enter the stream of commerce. A Delaware institution of higher education is required to dispose of the cannabis crop that exceeds Acceptable Hemp THC Level within a reasonable timeframe of the conclusion of research.

History

• 24 DE Reg. 861 (03/01/21)

3 Del. Admin. Code § 805-5.0 Fees and Renewal

5.1 Producer:

5.1.1 Application and Renewal $300 every three years;

5.1.2 Annual Growing Site Registration $500 per site annually; and

5.1.3 Growing Site Modification $500 per site.

5.2 Processor:

5.2.1 Application and Renewal $300 every three years;

5.2.2 Processor Facility Registration $1000 per facility annually; and

5.2.3 Facility Modification $1000 per facility.

5.3 The following have a fee of $350 each per sample:

5.3.1 Pre-harvest Sample Collection;

5.3.2 Post-harvest Sample Collection; and

5.3.3 Resample Collection, and Testing.

5.4 Handler Application $100 annually.

History

• 24 DE Reg. 861 (03/01/21)

3 Del. Admin. Code § 805-6.0 Sampling, Testing Requirements and Inspections

6.1 Sampling:

6.1.1 Sampling of hemp plants as required by the USDA, will be conducted by a sampling agent designated by the Department. Sampling agents will follow USDA and Department protocol for entering hemp growing sites and collecting the minimum number of plant specimens necessary to represent a homogenous composition of the lot that is to be sampled. The sampling agent will conduct one pre-harvest sample for each lot per licensed producer.

6.1.2 The Department requires that a licensed producer submit fees associated with sampling and testing, and if applicable resampling and retesting, at a total of $350 per sample collected. Fees are to be collected by the Department prior to sampling.

6.1.3 If a licensed producer fails to complete harvest within 15 days of sample collection, the Department will collect a second pre-harvest sample of the lot to be submitted for testing.

6.1.4 A licensed producer or an authorized representative can request that the sampling process be conducted during a time that they are present at the growing site, however, sampling agents shall be provided complete and unrestricted access during business hours to cannabis plants, whether growing or harvested, and land, buildings, and other structures used for the cultivation, handling, and storage of all cannabis plants, and locations listed in the producer license.

6.1.5 Within 30-15 days prior to the anticipated harvest of cannabis plants, a licensed producer or an authorized representative of the licensed producer, as documented on the Delaware Domestic Hemp Production Program Application, shall notify the Department of the anticipated date of harvest via phone or email.

6.1.6 Within 15 days prior to the date of harvest, as indicated by the licensed producer or authorized representative of the licensed producer, as documented in the Delaware Domestic Hemp Production Program Application, a sampling agent shall collect representative samples from cannabis plants to submit for testing of THC concentration levels.

6.1.7 The sampling agent will not collect samples on lots where cannabis plants have not matured to flowering stage, as the USDA requires that samples consist of flower material.

6.1.8 A licensed producer or any other individual shall not harvest cannabis plants prior to samples being collected by the Department. A licensed producer or other individual may harvest lots that have been sampled by the Department but shall not remove harvested material from a growing site or comingle harvested lots without written authorization from the Department.

6.1.9 The growing site must be surveilled by the sampling agent. The sampling agent shall:

6.1.9.1 Verify the GPS coordinates of the growing site and lot as compared with the GPS coordinates submitted by the licensee to FSA;

6.1.9.2 Estimate the average height, appearance, approximate density, condition of the hemp plants, and degree of maturity of the flowering material, meaning inflorescences; and

6.1.9.3 Visually estimate the homogeneity of the lot to be sampled to establish that the lot is of like variety.

6.1.10 Cuttings from each individual lot, as identified by a licensed producer, and submitted by the producer to the FSA as per the requirements of the USDA, shall be organized as composite samples. Lots are to be defined by the producer. Producers must utilize guidelines from the Department for identifying lots, identification must be based on farm location, planting date, and variety. Producers are responsible for reporting lot identification to the FSA.

6.1.10.1 For purposes of determining the number of individual plants to meet sampling protocol as determined by the USDA sampling protocol document, the size of each individual lot shall be considered by the Department and sampling agent. For sampling purposes, samples from separate lots must remain separated and are not to be comingled.

6.1.10.2 For lots of less than four acres, including indoor growing sites, the sampling agent will collect a minimum of five cuttings to form one composite sample. For lots greater than four and fewer than ten acres, including indoor growing sites, the sampling agent will collect a minimum of one cutting per acre to form a composite sample.

6.1.10.3 For lots larger than 10 acres, including indoor growing sites, the number of plants that will be selected to form a composite sample is based upon the Codex Alimentarius Recommended Methods of Sampling for the Determination of Pesticide Residues for Compliance with MRLS CAC/GL 33-1999, in accordance with USDA.

6.1.10.4 A licensed producer may contact the Department to request that a second sample be collected for retesting if it is believed the original THC concentration level test results were in error.

6.1.11 When collecting samples from each lot, the sampling agent must:

6.1.11.1 Always walk through the lot following a sawtooth pattern, beginning at one point of the lot and walking towards another point located on the opposite side of the lot.

6.1.11.2 Walk access roads, drainage ditches, or other accessible paths that allow penetration into the lot (stand), in cases where the lot (stand) is determined too dense and walking through is deemed impossible.

6.1.11.3 Cut at least "n" flower material at random distances in the lot, while walking a sawtooth pattern.

6.1.11.4 Avoid collecting too many cuttings from the borders of the field or indoor growing site, high spots or low spots in the lot, and male plants.

6.1.11.5 Make the cut of a cannabis plant just underneath the flower material. Each composite sample will contain cuttings of flower material from the uppermost areas of the plant consistent with a ratio of two-fifths of n. The remainder of the composite sample will be collected from the upper one-third of the plant. The sample size must be of adequate volume, as determined by the Department, to accommodate laboratory tests.

6.1.11.6 Utilize one paper sample bag, per lot, for collecting cuttings.

6.1.11.7 Seal each bag with a laboratory sticker and record the sample identification information and date on the bag.

6.1.12 The Department will label samples for submission to the laboratory using the following information:

6.1.12.1 Producer license number;

6.1.12.2 Date of sample (month, day, year); and

6.1.12.3 Lot identification as outlined by the Department and reported to FSA.

6.2 Testing:

6.2.1 The Department will contract with a USDA approved laboratory to perform THC tests and require that test results be shared with the licensed producer, the Department, and the USDA.

6.2.2 A cannabis sample collected and submitted by the Department for testing is required in order to regulate that hemp plants produced in the state of Delaware contain acceptable THC levels. Test results are intended to measure the THC concentration levels of composite cannabis samples collected from individual lots.

6.2.3 The laboratory used for testing regulatory samples of cannabis, collected and submitted by the Department, is a USDA approved laboratory and meets testing protocol and compliance standards as required by USDA. (7 CFR Part 990 Domestic Hemp Production Program).

6.2.4 The Department will review the measurement of uncertainty to make final determinations regarding acceptable THC levels. (7 CFR Part 990.3a(3) iii (F)).

6.2.5 The Department does not guarantee that regulatory sampling and testing conducted by the Department will be in compliance with other State regulatory authorities.

6.3 Inspections:

6.3.1 The Department will conduct annual inspections of, at a minimum, a random selection of license holders and registration holders to verify that hemp is not produced or processed in violation of this Program. The Department shall have access, during reasonable business hours, to any premises where hemp plants may be held.

6.3.2 The Department requires that the following records be made available to the Department during reasonable business hours:

6.3.2.1 Acquisition of hemp plants.

6.3.2.2 Production and handling of hemp plants.

6.3.2.3 Storage of hemp plants.

6.3.2.4 Disposal of hemp plants. A producer that disposes of hemp plants is required to notify the Department within ten days of disposal or destruction, using the Disposal Certificate form.

6.3.3 If the Department finds that pesticides are being sprayed, the licensed producer is subject to inspections by pesticide inspectors under the authority of Delaware Pesticide Laws (3 Del.C. Ch. 12).

6.3.4 If the Department finds that hemp plants or hemp nursery stock are being sold, the licensed producer is subject to inspection by nursery inspectors under the authority of Delaware Nursery Laws (3 Del.C. Ch. 13).

History

• 24 DE Reg. 861 (03/01/21)

3 Del. Admin. Code § 805-7.0 Information Sharing and Record Keeping

7.1 Reporting to USDA (as authorized under 7 CFR Part 990 Domestic Hemp Program)

7.1.1 The Department will submit an annual report to the USDA by December 15th of each year using the State and Tribal Hemp Annual Report form (State and Tribal Hemp Annual Report AMS-25).

7.1.2 The Department will submit the following monthly reports to the USDA, AMS:

7.1.2.1 State Hemp Producer Report (State and Tribal Hemp Producer Report, AMS-23);

7.1.2.2 State Hemp Disposal Report using the disposal form (State and Tribal Hemp Disposal Report AMS-24); and

7.1.2.3 State Hemp Test Result Report (Laboratory Test Results Report (AMS-22).

7.1.3 The Department will share information with the USDA on the first day of each month via monthly reports. The Department will gather information related to lots directly from a state of Delaware FSA contact. If the first of the month falls on a weekend or holiday, the Department will submit the report to the USDA on the first business day following the due date.

7.1.4 The Department will submit THC concentration level test results to licensed producers once received from the laboratory. The Department will review test results to make a determination if hemp produced by a licensed producer meets the acceptable hemp TCH concentration level.

7.2 Producer Report

7.2.1 The Department requires that all licensed producers report their hemp crop acreage to the FSA using their state of Delaware license number. Licensed producers shall learn information about how to report using the following link: https://www.fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/FactSheets/2019/crop-acreage-reporting-19.pdf

7.2.2 The Department will require all licensed producers to submit the following information to the Department via email, no later than December 1st of each year:

7.2.2.1 Total acreage planted;

7.2.2.2 Total acreage harvested;

7.2.2.3 Total acreage disposed; and

7.2.2.4 Plant storage records.

7.2.3 The Department will maintain records for a minimum of three years as required by the USDA.

7.2.4 The Department will incorporate information submitted by licensed producers in an Annual Report to be submitted to the USDA.

History

• 24 DE Reg. 861 (03/01/21)

3 Del. Admin. Code § 805-8.0 Violations

8.1 Destruction. The Department requires the on-site destruction of lots located on outdoor or indoor growing sites that have been determined to have higher than acceptable hemp THC levels. The Department will instruct the licensed producer on acceptable destruction protocol and coordinate with the licensed producer to ensure that lots are destroyed in a manner that renders the lot non-retrievable and unfit to enter the stream of commerce. The Department will require that destruction take place within 72 hours after the Department notifies the licensed producer that destruction is required.

8.1.1 It is the responsibility of a licensed producer to destroy lots by using destruction methods that render the lot non-retrievable and unfit to enter the stream of commerce.

8.1.2 If the Department determines that a lot has higher than acceptable hemp THC levels, the lot must not be further handled, processed, or enter the stream of commerce.

8.1.3 The Department requires that a licensed producer notify the Department if the licensed producer destroys a lot by his or her own determination and independent of a requirement set by the Department.

8.2 Disposal. The Department will require the disposal of a lot that has been determined to have higher than acceptable levels of THC, where on-site destruction is not feasible. The Department will require that disposal take place within 72 hours of notification and shall be the sole responsibility and at the expense of the licensed producer. The Department will coordinate with the licensed producer to ensure that lots are disposed of in a manner that renders the lot non-retrievable and unfit to enter the stream of commerce.

8.3 Harvesting. The Department prohibits any comingling of harvested lots of cannabis plants with other lots or other material without prior written permission from the Department.

8.4 Negligent or Culpable Violations.

8.4.1 A hemp producer shall be subject to enforcement for negligently:

8.4.1.1 Producing cannabis exceeding the acceptable hemp THC level. Hemp producers do not commit a negligent violation under this paragraph if they make reasonable efforts to grow hemp and the hemp does not have a post decarboxylated delta-9 tetrahydrocannabinol concentration of more than 0.5% on a dry weight basis. The Department does require the destruction or disposal of cannabis that exceeds the acceptable hemp THC level.

8.4.1.2 Producing hemp without a license. A new applicant must submit a Delaware Domestic Hemp Production Program Application to the Department no later than February 1st. A licensed producer must submit for renewal prior to license expiration. Licenses are not automatically renewed. Applications for renewal shall be subject to the same terms, information collection requirements, and approval criteria, as required in the initial application.

8.4.1.3 Failing to provide annually, an accurate description of land where hemp is produced using the Annual Growing Site Registration form.

8.4.1.4 Failing to have locked entrances on an indoor growing facility.

8.4.1.5 Failing to adequately display signage, at each entrance to an indoor or outdoor growing site, to indicate a hemp growing site.

8.4.2 Corrective action for negligent violations. For each negligent violation, the Department will issue a Notice of Violation and require a Corrective Action Plan for the licensed producer. The Department shall conduct an inspection to determine if the corrective action plan has been implemented. The licensed producer shall comply with the corrective action plan to cure the negligent violation. Corrective Action Plans will be in place for a minimum of two (2) years from the date of their approval. Corrective Action Plans will, at a minimum, include:

8.4.2.1 A reasonable date by which the licensed producer shall correct the negligent violation;

8.4.2.2 A requirement that the license holder or registration holder shall periodically report to the Department, as applicable, on compliance with the Corrective Action Plan for a period of not less than the next two years from the date of the negligent violation;

8.4.2.3 A description of quality control measures, staff training, and quantifiable action measures taken by the Producer. Producers should document this using the Correction Action Plan template; and

8.4.2.4 If a subsequent violation occurs while a Corrective Action Plan is in place, a new plan must be submitted with a heightened level of quality control, staff training, and quantifiable action measures as defined by the Department.

8.4.3 Negligent violations and criminal enforcement. A licensed producer that negligently violates this part shall not, as a result of that violation be subject to any criminal enforcement action by any federal, state, or local government.

8.4.4 Negligent violations and license revocation. A producer that negligently violates the license 3 times in a 5-year period shall have their license revoked and be ineligible to produce hemp for a period of 5 years beginning on the date of the third violation.

8.4.5 Culpable mental state greater than negligence. If the Department determines that a license holder has violated the terms of the license or of this part with a culpable mental state greater than negligence:

8.4.5.1 The Department shall immediately report the license holder to:

8.4.5.1.1 The U.S. Attorney General; and

8.4.5.1.2 The chief law enforcement officer of the State, as applicable, where the production is located; and subsections 8.4.1 and 8.4.2 of this regulation shall not apply to culpable violations.

8.4.5.2 The Department shall immediately revoke the license. Licenses will be revoked for a period no less than 5 years.

8.5 Licensed producers intending to sell hemp plants or hemp nursery stock must comply with the Delaware Nursery Laws (3 Del.C. Ch. 13).

8.6 Licensed producers intending to apply pesticides must comply with the Delaware Pesticide Laws (3 Del.C. Ch. 12).

8.7 Licenses or registrations may not be sold, assigned, transferred, pledged, or otherwise disposed of, alienated or encumbered.

8.8 In accordance with the provisions of 3 Del.C. §1108 and 3 Del.C. §1110, it shall be unlawful to violate or fail to comply with any provisions of these regulations and the person charged with a violation of these regulations shall be assessed a civil penalty, in accordance with 3 Del.C. §1110.

8.8.1 Any unlicensed person producing, processing, or handling hemp shall be assessed a penalty of not more than $500 per offense. Required to complete application process immediately and all associate fees.

8.8.2 Any license holder or registration holder that interferes or refuses to cooperate with inspection or sampling procedures conducted by the Department shall be assessed a penalty of not more than $500, and not more than $1,000 for each subsequent offense.

8.8.3 Any licensed producer that fails to submit timely reports to the Department shall be assessed a penalty of not more than $100 and not more than $200 for each subsequent offense.

8.8.4 Any license holder or registration holder that fails to respond to the Department's communications within a reasonable amount of time.

8.8.5 No assessment shall be levied until after the party has been notified by certified mail and has been provided an opportunity for a hearing.

8.9 Revocation of a license or registration. Any license or registration issued by the Department may be canceled orally or in writing by the Department whenever the Department determines that the holder of the license or registration has not complied with a provision of these regulations or requirements in Sections 6.0 and 7.0. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances allow.

8.10 Processors and processor registrations shall be subject to the stipulations in Section 8.0 where applicable.

History

• 24 DE Reg. 861 (03/01/21)

806 Regulations for Invasive Plants

3 Del. Admin. Code § 806-1.0 Purpose

1.1 The purpose of these regulations is to clarify how the Department will eradicate, repress, and prevent the spread of plant pests as authorized in Title 3, Chapter 11 of the Delaware Code.

1.2 The Department will work with the Delaware Native Species Commission for expertise and advice on maintaining the Invasive Plant List and Plant Watch list and review of sterility exemption.

1.3 The Department will be responsible for enforcement of the Invasive Plant Law during routine inspections of businesses or inspections resulting from a complaint. During inspections, the Department will survey for plants on the Invasive Plant List and ensure businesses' compliance with signage requirements for plants on the Plant Watch List.

History

• 27 DE Reg. 246 (10/01/23)
• 26 DE Reg. 171 (09/01/22)
• 27 DE Reg. 246 (10/01/23)

3 Del. Admin. Code § 806-2.0 Definitions

The following words and terms, when used in this regulation, have the following meaning:

"Commission" means the Delaware Native Species Commission.

"Cultivar" means a plant variety that has been produced in cultivation by selective breeding.

"Department" means the Delaware Department of Agriculture.

"Invasive plant" means any living part, cultivar, variety, species or subspecies not native to Delaware identified by the Secretary having the potential to do all of the following:

a. Result in widespread dispersal and establishment.

b. Out-compete other species in the same area.

c. Exhibit rapid growth or high seed or propagule productions.

d. Become established in natural areas in the State.

"Invasive Plant List" means the list of invasive plants maintained by the Secretary.

"Plant Watch List" means the list of potentially invasive plants maintained by the Secretary.

"Secretary" means the Secretary of the Delaware Department of Agriculture.

"Sterility" means unable to produce reproductive structures.

History

• 27 DE Reg. 246 (10/01/23)
• 26 DE Reg. 171 (09/01/22)
• 27 DE Reg. 246 (10/01/23)

3 Del. Admin. Code § 806-3.0 The Invasive Plant List, Plant Watch List, and the Exemptions to the Invasive Plant List

3.1 The Invasive Plant List. Conditionally exempt cultivars are listed in subsection 3.3.

3.1.1 Amur honeysuckle, Lonicera maackii

3.1.2 Autumn olive, Elaeagnus umbellata

3.1.3 Callery pear, Pyrus calleryana

3.1.4 Chinese wisteria, Wisteria sinensis

3.1.5 Creeping water primrose, Ludwigia peploides subsp. glabrescens

3.1.6 English ivy, Hedera helix

3.1.7 European privet, Ligustrum vulgare

3.1.8 European reed, Phragmites australis subsp. australis

3.1.9 European sweetflag, Acorus calamus

3.1.10 Garlic mustard, Alliaria petiolata

3.1.11 Hydrilla, Hydrilla verticillata

3.1.12 Japanese barberry, Berberis thunbergii

3.1.13 Japanese honeysuckle, Lonicera japonica

3.1.14 Japanese knotweed, Fallopia japonica

3.1.15 Japanese pachysandra, Pachysandra terminalis

3.1.16 Japanese stiltgrass, Microstegium vimineum

3.1.17 Lesser celandine, Ficaria verna

3.1.18 Lesser periwinkle, Vinca minor

3.1.19 Marsh dewflower, Murdannia keisak

3.1.20 Mile-a-minute weed, Persicaria perfoliata

3.1.21 Morrow's honeysuckle, Lonicera morrowii

3.1.22 Multiflora rose, Rosa multiflora

3.1.23 Norway maple, Acer platanoides

3.1.24 Orange daylily, Hemerocallis fulva

3.1.25 Oriental bittersweet, Celastrus orbiculatus

3.1.26 Parrot-feather, Myriophyllum aquaticum

3.1.27 Porcelain berry, Ampelopsis glandulosa

3.1.28 Purple loosestrife, Lythrum salicaria

3.1.29 Spotted knapweed, Centaurea stoebe subsp. micranthos

3.1.30 Tatarian honeysuckle, Lonicera tatarica

3.1.31 Tree of heaven, Ailanthus altissima

3.1.32 Water hyacinth, Eichhornia crassipes

3.1.33 Wineberry, Rubus phoenicolasius

3.1.34 Winged euonymus, Euonymus alatus

3.1.35 Yam-leaved clematis, Clematis terniflora

3.1.36 Yellow flag iris, Iris pseudoacorus

3.2 The Plant Watch List. Plants listed on the Plant Watch List must be identified with a tag, label, or sign on each plant or in the general vicinity of the plants for sale.

3.2.1 Creeping Jenny, Lysimachia nummularia

3.3 Exemptions to the Invasive Plant List.

3.3.1 The following cultivars of Japanese barberry, Berberis thunbergia, are conditionally exempted from subsection 3.1.12 of the Invasive Plant List by the Department:

3.3.1.1 'UCONNBTCP4N'; Trademark Name - Crimson Cutie

3.3.1.2 'UCONNBTCP4N'; Trademark Name - Lemon Cutie

3.3.1.3 'UCONNBTB048'; Trademark Name - Lemon Glow

History

• 27 DE Reg. 246 (10/01/23)
• 26 DE Reg. 171 (09/01/22)
• 27 DE Reg. 246 (10/01/23)

3 Del. Admin. Code § 806-4.0 Maintenance of the Invasive Plant List and Plant Watch List

4.1 The Secretary shall maintain the Invasive Plant List and Plant Watch List with the advice of the Commission, so long as the Commission exists.

4.1.1 Should the Department receive requests for review of plants to be added or removed from the Invasive Plant List or Plant Watch List, the Department shall submit requests to the Commission for advice, within 30 days of the request for review.

4.1.2 The Department and the Commission shall review any plants recommended to be added to or removed from the Invasive Plant List and Plant Watch List. The Department shall seek the advice of the Commission, or any subcommittee as designated by the Commission, to add or remove plants from the Invasive Plant List or Plant Watch List.

4.1.3 Should the Commission receive requests for review of plants to add or remove from the Invasive Plant List or Plant Watch List, the Commission shall provide its recommendations via email to the Secretary or during a Commission meeting within 60 days of the initial request for review. Recommendations must include, at a minimum, a detailed methodology used by the Commission to make a determination about each plant under consideration to be added to or removed from the Invasive Plant List and Plant Watch List.

4.1.4 The Secretary shall respond to the Commission with a decision or a request for additional information within 60 days of the date of the recommendation.

4.1.5 The Secretary shall initiate any required regulatory changes to the Invasive Plant List and Plant Watch List within 30 days of the date that a determination has been made.

History

• 27 DE Reg. 246 (10/01/23)
• 26 DE Reg. 171 (09/01/22)
• 27 DE Reg. 246 (10/01/23)

3 Del. Admin. Code § 806-5.0 Allowance for Sterility

5.1 The Department recognizes that the level of sterility of a plant impacts its potential to:

5.1.1 Result in widespread dispersal and establishment.

5.1.2 Out-compete other species in the same area.

5.1.3 Exhibit rapid growth or high seed propagule productions.

5.1.4 Become established in natural areas in the State.

5.2 The Department reserves the right to consider cultivars of plants based on level of sterility at their point of sale or delivery into the State of Delaware. The Department may grant an exemption for cultivars of plants listed on the Invasive Plant List.

5.3 Persons requesting that a cultivar be exempted from the Invasive Plant List must petition the Department by submitting a Petition to Exempt a Specific Cultivar form. Persons may request that plant cultivars be exempted from the Invasive Plant List based on sterility level and seed viability and must provide an explanation and references to justify the request.

5.4 The Department, with advice of the Commission, will consider submitted cultivars for exemption when there is independent, peer reviewed, scientific research evaluating the invasiveness of the cultivar. Petitions require burden of proof to be held by the breeder or plant representative and leave no responsibility to the State of Delaware.

5.4.1 Any requests brought to the Department for a cultivar to be exempted from the Invasive Plant List shall be submitted to the Commission via email within 30 days of the request for advice.

5.4.2 The Commission shall provide recommendations via email to the Secretary within 60 days of receiving the Petition to Exempt a Specific Cultivar form. The recommendations must include, at a minimum, a detailed methodology used by the Commission to make a determination about each cultivar under consideration to be exempted from the Invasive Plant List.

5.4.3 The Secretary shall respond to the Commission with a decision or a request for additional information via email within 60 days of the date of the recommendations.

5.4.4 The Secretary shall initiate any required regulatory changes to the Invasive Plant List within 30 days of the date that a determination has been made, with the advice of the Commission, to exempt a cultivar from the Invasive Plant List.

5.5 Exemptions are conditional and subject to revocation by the Department.

History

• 27 DE Reg. 246 (10/01/23)
• 26 DE Reg. 171 (09/01/22)
• 27 DE Reg. 246 (10/01/23)

900 Poultry and Animal Health

901 Poultry Disease Prevention Regulations

3 Del. Admin. Code § 901-1.0 Authority

This regulation is written under the authority of 3 Del.C. Ch. 63 and Ch. 71, and §§6301 and 7101.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-2.0 Purpose

2.1 The commercial poultry industry in the State of Delaware is of vital economic importance to the state’s agricultural community. The threat of serious poultry diseases, such as avian influenza or exotic Newcastle Disease, necessitates the promulgation of new regulations aimed at safeguarding poultry flocks in Delaware from the introduction of these or other diseases.

2.2 The following proposed regulations apply to the specific categories of poultry as noted.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-3.0 Definitions

The following terms have the meanings indicated:

“Commercial Poultry” means poultry as defined in 9CFR Part 146.

“Completely Clean” means free of organic material.

“DDA” means the Delaware Department of Agriculture.

“Integrated Poultry Company” means a corporate enterprise that contracts the entire growing cycle of its own birds from the breeder flock to the processing plant.

“Non-commercial Poultry” means all other species and classes of poultry other than those defined as commercial poultry.

"NPIP" means the National Poultry Improvement Plan of the United States Department of Agriculture, 9CFR Parts 145-147.

“Person” means individual, corporation, partnership, business, cooperative, or any other legal entity.

“Physical Plant” means the permanent structure of a building or place including walls, floors, ceilings, crates, coops, or other enclosures that may become contaminated with infectious material.

"Poultry" means domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, game birds, doves and pigeons.

“Poultry Dealer” means a person or corporation engaged in the business of buying, selling or transporting poultry or operating a livestock auction or livestock sales facility, exempting state-federal approved livestock markets.

“Poultry Producer” means any person who owns or operates a poultry producing premises and who grows, raises, feeds, exhibits, owns or produces poultry in Delaware. Poultry producer includes both commercial and non-commercial poultry.

“Poultry Producing Premises” means any location in Delaware where live poultry is kept.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-4.0 Registration

4.1 In order to be able to quickly notify all poultry producers in the state of a potential or existing disease threat, DDA requires the registration of all premises in Delaware where live poultry is kept. This will allow information regarding disease incidents to be sent in a timely manner to all poultry producers.

4.2 The registration form, available from DDA, shall include at a minimum the following information:

4.2.1 Name;

4.2.2 Address;

4.2.3 Telephone number and email address of owner/producer;

4.2.4 Type and number of the poultry being raised;

4.2.5 The geo-reference coordinates (latitude/longitude state plane coordinates NAD 83) of the chicken house(s); (if not available, DDA will provide); and

4.2.6 The general purpose for which they are kept (hobby, show, own consumption, commercial, eventual sale, etc.).

4.3 Forms will be provided by DDA and when completed, must be returned to that agency. Other timely information may also be sent to registrants.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-5.0 Sale Or Transfer Of Poultry Leaving The State

5.1 Owners of commercial or non-commercial poultry leaving the State of Delaware and whose cargo changes ownership outside the State of Delaware must abide by the following provisions:

5.1.1 Complete and accurate records must be maintained including the name, address and telephone number of the purchaser, the number, species and weight of the poultry sold, and the date of the sale. These records, invoices or receipts must be retained for at least one year.

5.1.2 All vehicles, crates, coops and footwear must be in a completely clean condition before being used to load poultry from a Delaware farm. DDA personnel will have the authority to inspect all vehicles and equipment prior to entry to a Delaware farm. Unsatisfactory inspections will result in an immediate refusal to allow loading of the poultry.

5.1.3 After the poultry have been unloaded at an out of state location, and prior to its return into the State of Delaware, it will be necessary to completely clean and disinfect the entire vehicle, including the inside floorboard and pedals by using commercial truck washing personnel and equipment.

5.1.4 In addition, all coops, crates, and footwear must be individually washed and completely cleaned and disinfected by commercial equipment before being loaded onto a vehicle and returning to the State of Delaware. A receipt from a company, approved by the DDA to perform this service, must be obtained by the transporter and kept in the vehicle for inspection by Department personnel. DDA personnel will have the authority to inspect all vehicles and equipment as deemed necessary. These receipts must be kept for a period of at least one year.

5.1.5 Poultry transported out of the state for the purpose of sale or change of ownership and brought back into Delaware is prohibited and will result in the quarantine and possible destruction of the entire flock and penalties as described in Section 12.0 of this regulation.

5.1.6 It shall be the responsibility of the owner of the birds to obtain all pertinent information from the state of destination regarding any health diagnostic testing or inspection requirements that must be fulfilled prior to the birds leaving Delaware. Furthermore, it will be the owner’s responsibility to make the necessary arrangements with the approved diagnostic laboratory, accredited veterinarian or other persons needed to provide the official documentation necessary to satisfy these requirements.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-6.0 Selling, Trading, or Slaughtering Poultry Within Delaware

6.1 Livestock or Poultry auctions and swap meets. Livestock/poultry auctions or poultry swap meets taking place within the State of Delaware will be authorized to sell live poultry if they abide by certain requirements imposed by the DDA. To be authorized, the auction or other entity organized for the sale, barter or trade of live poultry must abide by the following:

6.1.1 Allow DDA full access to all premises, grounds and buildings where poultry is being kept or offered for sale.

6.1.2 Keep complete and accurate records of names, addresses, type and number of poultry from all consignors. The same information must be recorded for all buyers whether paying cash or making other arrangements for payment. These records must be maintained for at least one year.

6.1.3 Notify the Department of any purchasers at the auction/sale that would be considered a poultry dealer. The person who meets the conditions of being a poultry dealer will be required to purchase a livestock/poultry dealer’s license and to comply with the provisions thereof.

6.1.4 Allow Department personnel full access to inspect all lots of poultry offered for sale, trade or barter. If, in the opinion of DDA personnel, a lot of poultry exhibits signs of sickness or extremely poor husbandry as to be deemed a possible disease threat, the entire lot will be condemned, confiscated, humanely destroyed and diagnostic tests performed to determine the possible presence of infectious diseases.

6.1.5 The physical plant, floors, cages and other equipment used to house or transport poultry must be completely cleaned and disinfected after each sale or swap meet. This procedure must be completed at least two working days prior to the next sale so that DDA personnel may inspect the facilities, if desired. If the cleaning and disinfecting procedure is deemed unsatisfactory, management will be notified and given the opportunity to remediate the situation. Failure to do so will result in the cancellation of the next scheduled poultry auction, sale, or swap meet.

6.2 Poultry Dealers. The vehicles, crates and coops of all poultry dealers coming to auctions/sales within the State of Delaware must have been completely cleaned and disinfected before entering auction/sales premises. DDA personnel may inspect all equipment and any findings of incomplete cleanliness of the vehicle, coops or crates will be cause to prevent that dealer from consigning or remaining at the auction and purchasing any poultry or livestock. Repeat offenders may have their dealer license revoked by DDA.

6.3 Limitation on slaughter of live poultry. No dealer, broker, poultry market operator, or employee or contractor thereof or any person acquiring live poultry from any of them shall slaughter, other than for humane euthanasia or disease control, any poultry that are on the premises of the dealer or broker or on the premises of a sales establishment.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-7.0 Non-Commercial Poultry Leaving The State Of Delaware And Returning Under The Same Ownership

7.1 Owners of non-commercial poultry must comply with the following regulations:

7.1.1 All Delaware show bird exhibitors will be responsible for being completely familiar with the poultry health requirements of the state and the particular show which they are attending.

7.1.2 All crates and coops used to transport the birds must be made of material that can be completely cleaned and disinfected before returning to Delaware. All four vehicle tires, foot mats, and floor board pedals must also be cleaned prior to returning to Delaware.

7.1.3 Upon returning to Delaware birds shall be kept separate from all other birds in the flock for a period of 30 days. Birds returning from out of state shall not be sold, traded, or exchanged for 30 days.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-8.0 Commercial Poultry

8.1 The following requirements will be imposed on all commercial poultry companies and growers:

8.1.1 Complete a poultry producer registration form (as described above) for each farm owned or operated by an individual or corporation who produces poultry for an integrated company.

8.1.2 Submit a plan, signed, approved and verified by the integrated company, for the in-place on-farm disposal method of normal day to day mortality for each separate commercial poultry producing farm.

8.1.3 The transport of any poultry which is owned by an integrated poultry company to a public sale or auction is strictly prohibited.

8.1.4 In an attempt to minimize the establishment of new back yard poultry flocks, the commercial poultry companies will instruct catching crews to catch and load all live birds and/or killed culls from every house. If any live or dead birds are left in a house, they must be caught and humanely destroyed and/or properly disposed of within 48 hours of the flock being taken into processing.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-9.0 Requirements for live poultry and other avian species entering Delaware

9.1 Avian Influenza

9.1.1 Live poultry except doves and pigeons must show proof of a negative avian influenza PCR test within 21 days prior to entry to the State of Delaware for any purpose, unless the flock of origin participates in and meets the requirements of the NPIP "U.S. Avian influenza clean", "U.S. H5/H7 Avian influenza clean", or "U.S. Avian influenza monitored" programs.

9.1.2 Birds of prey, psittacines and other avian species not included in the NPIP must show proof of a negative avian influenza PCR test within 21 days prior to entry to the State of Delaware for any purpose, including fairs, shows, and swap meets.

9.2 Pullorum-Typhoid:

9.2.1 Live poultry and hatching eggs except doves and pigeons must meet one of the following conditions to enter Delaware:

9.2.1.1 Must be from a flock that participates in and meets the requirements of the "NPIP U.S. Pullorum-Typhoid Clean" program, or

9.2.1.2 Individual birds over four months of age entering Delaware must be tested negative for pullorum-typhoid using an NPIP-approved test within 90 days prior to entry and be accompanied by a negative pullorum test report, or

9.2.1.3 Must originate from a flock enrolled in an Pullorum-Typhoid clean program approved by DDA, or

9.2.1.4 Must originate from a flock in which birds are 4 months of age or older and a minimum of 300 birds are tested negative or the entire flock is tested negative, if the flock is smaller than 300 birds.

9.2.2 Psittacines, passerines, and raptors, along with other non-poultry species are exempt from subsection 9.2.

9.3 Health certification: any avian species or hatching eggs entering Delaware must be accompanied by certification of health as follows:

9.3.1 Flock of origin is not an NPIP flock: must enter Delaware with a health certificate

9.3.2 Flock of origin is an active NPIP participant: must enter Delaware with a NPIP 9-3 form.

9.3.3 Poultry that are healthy and are being moved to a participating NPIP slaughter plant for immediate slaughter are exempt from health certification requirements described in subsection 9.3.

9.4 Additional testing requirements for movement of poultry or other avian species into Delaware may be imposed at any time at the discretion of the State Veterinarian.

9.5 Movement permit required: live poultry and other avian species originating from an area that is under quarantine for an infectious disease may not move within Delaware or enter the State of Delaware without an official movement permit approved in advance by the Delaware State Veterinarian.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-10.0 Violations And Hearing Procedures

10.1 Failure to comply with these regulation may result in the assessment of a civil penalty.

10.2 No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or his or her designee. Administrative hearings for the provisions of this chapter shall be conducted within 30 days of the violation of this chapter. The Department shall issue a decision in writing to the person(s) charged with a violation of this chapter within 30 days of the conclusion of the administrative hearing.

10.3 The person(s) charged with a violation of this chapter will be notified in writing of the date and time of the aforementioned administrative hearing. The aforementioned person(s) shall have the right to appear in person, to be represented by counsel and to provide witnesses in his or her own behalf.

10.4 The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter.

10.5 The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested person.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-11.0 Appeal

Any party, including an individual or corporation, that feels aggrieved by decision of the Secretary or his or her designee after an administrative hearing may take appeal to the Superior Court within thirty days of the date the decision is mailed to that party by the DDA. After a full hearing, the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds therefore, shall be served upon the Secretary of the DDA.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

3 Del. Admin. Code § 901-12.0 Civil Penalties

12.1 It shall be unlawful for any person to interfere with the DDA in its effort to enforce these regulations and will subject the violator to a civil penalty of no less than $500 nor more than $1,000 per proven violation.

12.2 It shall be unlawful for any person to violate a quarantine order issued by the DDA and will subject the violator to a civil penalty of no less than $1,000 nor more than $5,000 per proven violation.

12.3 The payment of penalties assessed under these regulations may be made on a payment schedule approved by the Secretary of the DDA.

12.4 A person who violates an emergency order of the Secretary of DDA or his or her designee exposes themselves to a civil penalty of no less than $1,000 nor more than $5,000 per proven violation.

History

• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 22 DE Reg. 667 (02/01/19)
• 7 DE Reg. 1691 (06/01/04)
• 22 DE Reg. 667 (02/01/19)

902 Scrapie Disease

3 Del. Admin. Code § 902 Scrapie Disease

900 Poultry and Animal Health

902 Scrapie Disease

1.0 Purpose

Delaware Department of Agriculture Scrapie Disease Regulations to qualify the State of Delaware as a Scrapie Consistent State under 9CFR 79.6

2.0 Authority

Title 3, Chapter 71 of the Delaware Code:

The Delaware Department of Agriculture shall protect the health of the domestic animals of the State, and determine and employ the most efficient and practical means for detection, prevention, suppression, control, or eradication of dangerous, contagious or infectious diseases among domestic animals, to include a blood test and injection test for the determination of the existence of any contagious or infectious disease. For these purposes it may establish, maintain, enforce, and regulate such quarantine and other measures relating to the movement and care of animals and their products, the disinfection of suspected localities and articles and the destruction of animals, as it deems necessary, and may adopt from time to time all such regulations as are necessary and proper for carrying out the purposes of this chapter and Chapter 73 of this title. In the case of a contagious disease, the Department or its authorized agents may put under quarantine the entire herd containing the suspected or diseased animal or animals.

3.0 Definitions:

“Animal” means a sheep or goat.

“CVI” is a Certificate of Veterinary Inspection.

“Department” means the Delaware Department of Agriculture.

“Designated Scrapie Epidemiologist” means a state or federal veterinarian with knowledge of scrapie epidemiology selected to coordinate and evaluate the scrapie eradication program.

“High Risk Animal” means any genetically susceptible exposed animal; female offspring of a scrapie positive animal and any female that poses a risk based on the epidemiology of the flock.

“Low Risk Goat” is a goat that is not scrapie positive, not suspect, not high risk, not exposed, or commingled with sheep; and from an area flock with no history of scrapie.

“Official [Scrapie] Identification” is an identification mark or device approved by the USDA and the Department; this may be eartag, tattoo, brand, or microchip. When a registration tattoo is used for identification, the registration paper must accompany the animal.

“Scrapie Exposed” is any animal that has been with a scrapie positive female animal or resided in an infected source flock.

“Scrapie Positive Animal” is an animal for which a diagnosis of scrapie has been made by a laboratory approved by the Department and the USDA.

“Scrapie Suspect Animal” is a sheep or goat suspected of having scrapie by an accredited veterinarian or a Department or USDA, APHIS, VS representative.

4.0 Scrapie Requirements for Sheep and Goats.

4.1 All animals imported to Delaware must be identified on an official certificate of veterinary inspection (CVI) issued by an accredited veterinarian; the certificate shall include a statement that “this flock has been inspected and found to be free of any infectious or contagious diseases and that there has been no cases of scrapie in this flock or herd during the past year”.

4.2 Delaware is included in the National Scrapie Eradication Program. All eligible animals must have an official scrapie identification.

4.3 The following animals are exempt from official scrapie identification:

4.3.1 Sheep and goat wethers.

4.3.2 Slaughter goats.

4.3.3 Slaughter goats under 18 months of age.

4.4 No sheep or goat may be removed from slaughter channels unless it is identified to the flock of birth and the animal is not scrapie-exposed or from an infected or source flock, and is from a scrapie consistent state.

4.5 An animal must have official scrapie identification upon transfer of ownership, when first commingling or interstate commerce occurs, or before joining with animals within the state but, from a different flock.

4.6 Scrapie is a reportable disease in the State of Delaware.

4.6.1 State animal health officials shall be notified, by the flock owner or veterinarian, within 24 hours when a clinically suspicious animal or test is found. State officials will notify the Area VS office of a suspicious animal.

4.6.2 When a clinical or test suspect, or test positive animal is found, the animal and entire flock will be placed under quarantine until the status of the animal is determined. The suspect animal(s) must be officially identified under the direction of a State or Federal representative. Owners must allow the collection and submission of tissues from all scrapie-suspect animals to a laboratory authorized by USDA, APHIS, VS to conduct scrapie tests. If the suspect animal is euthanized, after diagnostic tissues are collected, the carcass must be completely destroyed under the supervision of State or Federal officials.

9 DE Reg. 1952 (06/01/06)

903 Exotic Animal Regulations

3 Del. Admin. Code § 903 Exotic Animal Regulations

900 Poultry and Animal Health

903 Exotic Animal Regulations

1.0 Authority

These regulations are promulgated pursuant to the authority of Section 7202 of Title 3 of the Delaware Code.

2.0 Purpose

These regulations govern the permitting process, possession, sale, rehabilitation and exhibition of exotic animals, i.e., live wild mammals, hybrids of wild mammals, and live reptiles not native to or generally found in the State of Delaware. The State Veterinarian or her or his designee shall have the authority to administer these regulations and shall be solely responsible for making the determinations required herein.

3.0 Definitions

"Accurate Description of the Exotic" means the name, location, age, gender (when visible or known), markings/color, tattoo, identification tag, microchip and/ or other distinguishing characteristics of the exotic together with the name and residence of the owner or custodian.

"Adopter" means a person who becomes an owner or custodian of an exotic animal.

"Animal Attack Protocol" means a document that outlines an owner's or custodian's action plan should the exotic animal bite, injure or attack a human or animal.

"Carnivore" means a flesh-eating mammal, which possesses teeth and claws adapted for attacking and devouring prey.

"Class of Exotic" means each of the following groups constitute a separate and distinct class: Carnivore, Herbivore, Hybrid of a wild animal, Omnivore, Primate and Reptile.

"Custodian" means a person who possesses or cares for an exotic animal. A custodian has immediate charge and control of the exotic.

"Department" means the Delaware Department of Agriculture.

“DNREC” means the Delaware Department of Natural Resource and Environmental Control.

"Emergency Evacuation Plan" means a written document that outlines the actions the owner or custodian plans to implement in an emergency or ordered departure in order to provide for the exotic's welfare and the public's health and safety.

"Exhibitor" means a person who displays exotic animals to the public.

"Exotic" means a live wild mammal, hybrid of a wild mammal, and a live reptile not native to or generally found in Delaware. An exotic animal is ecologically foreign to Delaware.

"Herbivore" means a mammal that feeds exclusively on vegetable matter.

"Hybrid of a wild mammal" means a mammal whose parents are different varieties of the same species or belong to different but closely allied species, one parent being a wild mammal not native to or generally found in Delaware and the other parent being a domestic mammal native to or generally found in Delaware.

"Nuisance" means an act or the threat of an action that unreasonably interferes with the health, safety or property rights of the community at large.

"Omnivore" means an animal which eats any sort of food, both animal and vegetable in origin.

"Owner" means a person who owns an exotic animal. An owner has or holds the exotic animal as property.

"Permit Holder" means an owner or custodian of an exotic animal who holds an applicable exotic animal permit.

"Person" means any individual, partnership, corporation, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or any other legal entity, and any officer, member, shareholder, director, employee, agent or representative thereof.

"Pet" means an exotic animal that is kept for interest, companionship and amusement and is associated with a household.

"Primate" means a mammal that belongs to the highest order of mammals including monkeys and lemurs.

"Purchaser" means a person who becomes an owner of an exotic animal by exchange of cash, goods, or animals. A “Purchaser” also means a person who becomes an owner or custodian of an exotic by adoption.

"Rehabilitator" means a person who restores an exotic animal to good condition by providing short term care.

“Relocate” means to move an exotic from a rehabilitator, a zoo, an agency or the Department to a new rehabilitator, a different zoo, or another agency.

"Reptile" means any cold-blooded vertebrate of the class Reptilia including turtles, lizards, snakes, crocodilians and tuatara.

"Seller" means a person who is engaged in the sale or trade of exotic animals for cash, goods, or animals. With the exception of a rehabilitator or a zoo, a “Seller” also means a person who offers exotics through gifting or adoption.

"Secretary" means the Secretary of the Delaware Department of Agriculture or his or her designee.

"State Veterinarian" means the State Veterinarian of the Delaware Department of Agriculture, or his or her designee.

"USDA" means the United States Department of Agriculture.

"Valid Identification" (Valid ID) means a photo identification such as a Delaware driver's license, a State of Delaware Identification card, or a Passport that includes the name and address of the purchaser of the exotic animal.

"Welfare" means that the owner or custodian provides for the health and well-being, and safeguards the physiological requirements, of the exotic animal.

"Zoo" means a park or institution accredited by the Association of Zoos and Aquariums (AZA) (or its designated successor organization) where: exotics are primarily kept in cages or enclosures for people to come and see; exotics are exhibited outside of the park to the public for educational purposes; and exotics are bred and studied by scientists.

4.0 The State Veterinarian Powers; Duties

4.1 The State Veterinarian is responsible for administering and enforcing these regulations. The State Veterinarian has the power to grant, deny, or revoke permits to own or have custody of exotics in this state.

4.2 The State Veterinarian is vested with the power to designate agencies to seize and when warranted to humanely destroy an exotic if necessary to protect the public health, safety, or welfare and to protect the health of other animals. The State Veterinarian or his/her agent can humanely destroy an exotic without first notifying the exotic animal's owner or custodian.

4.3 The State Veterinarian will designate a list of exotic animals that are exempt from the permitting requirement (regulation 6.1). The State Veterinarian will review the list and may add or delete species when suggested by the public through the rule making process and with sufficient documentation for the requested species. Pursuant to 29 Del.C. §10119, the State Veterinarian may change the list of exotic animals that are exempt from the permitting requirement at any time in response to current animal and human health and safety concerns.

4.4 The State Veterinarian will designate exotic animals in the Herbivore and Reptile Classes that are prohibited from being bred by Sales Permit Holders (regulation 7.5.2.10). The State Veterinarian will review the list and may add or delete species prohibited from being bred when suggested by the public through the rule making process and with sufficient documentation for the requested species. Pursuant to 29 Del.C. §10119, the State Veterinarian may change the list of exotic animals in the Herbivore and Reptile Classes that are prohibited from being bred at any time in response to current animal and human health and safety concerns.

4.5 The State Veterinarian is charged with preventing the introduction and spread of contagious and infectious diseases into and within the domestic animal population of the state, therefore:

4.5.1 The State Veterinarian can prohibit activities by any Permit class if there is a threat to domestic animals in the state.

4.5.2 The State Veterinarian can prohibit Accredited Zoo Permit and Sales Permit holders from breeding exotics if there is a threat to domestic animals in the state.

4.6 The State Veterinarian or his/her agents must be allowed access to the exotics and to the premises that house exotics.

4.7 The State Veterinarian will not issue Individual, Exhibitor or Sales permits for gila monsters, beaded lizards or komodo dragons.

5.0 Information and Reporting requirements for exempt and permitted exotics

5.1 All sellers of reptiles must advise purchasers in writing that most reptiles carry Salmonella bacteria, which can be a source of human infection. The seller must present written information to the purchaser on sanitation measures that can decrease the transmission of Salmonella from captive reptiles to humans.

5.1.1 Failure to inform the purchaser, adopter or custodian in writing of the Salmonella risk posed by reptiles and to provide written sanitation measures that can decrease the transmission of Salmonella constitutes an offense punishable under 3 Del.C. §7203.

5.2 It is the duty of all governmental agencies, veterinarians, veterinary technicians, permit holders, rehabilitators, and owners or custodians of exotics to promptly report to the State Veterinarian and the Department any contagious, infectious or zoonotic disease, agent or organism infecting or carried by an exotic animal.

5.2.1 Failure to promptly inform the State Veterinarian and the Department of any contagious, infectious or zoonotic disease, agent or organism infecting or carried by an exotic animal constitutes an offense punishable under 3 Del.C. §7203.

6.0 Permit Exemptions; Permit Requirements; Permit Prerequisites; Waivers

6.1 The following exotics are exempt from the permitting requirement of the Department:

6.1.1 Mammals: Chinchillas, Degus, Ferrets, Gerbils, Guinea pigs, Hamsters, Hedgehogs, Mice, Norway rats, Possums, Rabbits and Sugar gliders.

6.1.2 Reptiles: Anoles, Agamas, Asian Water Dragons, Basilisks, Bearded dragons, Chameleons, Geckos, Iguanas, Skinks (except the five-lined skink), Swift lizards, and Tegus.

6.1.3 Exempt exotics are subject to the regulations 1.0, 2.0, 3.0, 4.0, 5.0, 11.4.6, 12.0, and 14.2.2.

6.2 Unless specifically exempt from the permitting requirement as presented in regulation 6.1, all persons who would own or have custody of an exotic animal must first obtain a permit issued by the Department. To obtain the required permit from the Department, the prospective adopter, owner or custodian of an exotic animal must:

6.2.1 Provide the Department with satisfactory proof that the exotic animal will be confined within two enclosures, designated herein as primary and secondary.

6.2.1.1 The primary enclosure shall be a pen, cage or other structure where the exotic will be kept and which must be of sturdy and escape-proof construction. The primary enclosure must be consistent in size, structure, lighting, temperature control, and ventilation according to the welfare standards prescribed in the scientific literature or in the USDA regulations for the species being enclosed. The permit applicant is required to demonstrate knowledge of enclosure and welfare standards for the species under consideration with the application.

6.2.1.2 The secondary enclosure must be sufficient to prevent the exotic animal from escaping from the property of the owner or custodian should it be set free or escape from its primary enclosure. The secondary enclosure must ensure there will be no physical contact between members of the public and the exotic. The secondary enclosure must prevent the exotic from escaping the premises if it is out of its primary enclosure.

6.2.1.3 The holder of an Accredited Zoo, Exhibitor or Rehabilitator permit issued in accordance with regulations 7.2, 7.3, and 7.4 may request in writing that the State Veterinarian consider waiving the enclosure requirements set forth in regulations 6.2.1.1 and 6.2.1.2 because the exotic animal has unique enclosure requirements.

6.2.1.4 Shared enclosures:

6.2.1.4.1 Accredited Zoo Permit holders are allowed to breed exotic animals in all classes in the State of Delaware in accordance with Regulations 4.5.2 and 11.4.2; therefore exotics permitted by the Accredited Zoo Permit may share enclosures.

6.2.1.4.2 Sales Permit holders:

6.2.1.4.2.1 Sales Permit holders are allowed to breed exotic animals in the Herbivore and Reptile class in the State of Delaware in accordance with regulations 4.5.2, 7.5.2.10, and 11.4.5; therefore exotics in the Herbivore and Reptile classes prohibited from being bred must not share enclosures unless they are sterile or unable to reproduce and those exotics not included in the prohibited from being bred list may share enclosures.

6.2.1.4.2.2 Sales Permit holders are not permitted to breed Carnivores, Hybrids of Wild Mammals, Omnivores or Primates; hence shared enclosures for these Classes of Exotics are only for sterile exotics or exotics unable to reproduce.

6.2.1.4.3 All other Permit Class holders are not permitted to breed exotic animals; hence shared enclosures are only for sterile exotics or exotics unable to reproduce.

6.2.2 Provide the Department with a copy of an emergency evacuation plan upon request.

6.2.3 Provide the Department with a copy of an animal attack protocol upon request.

6.3 To obtain the renewal of an exotic animal permit, exotic animal owners or custodians must confirm the ongoing existence of all the requirements set forth at regulation 6.2 and must, in addition, allow Department designees access to inspect the premises where exotics are located to confirm the health and humane treatment of the exotic.

6.4 Any existing permits issued by the Delaware Department of Agriculture will become void sixty (60) days after the effective date of these proposed regulations and must be renewed in accordance with regulations 6.3 and 9.0 at no additional cost to the owner or custodian.

6.5 If an exotic was previously considered by the Department to be exempt from the permitting process and does not appear in section 6.1, then a permit is required. The initial permit for the “no longer exempt” exotic must be in accordance with Regulation 8.0. If the initial permit is obtained within sixty (60) days after the effective date of these proposed regulations, there will be no additional cost for this initial permit.

7.0 Permit Classes

7.1 Individual Permit

7.1.1 When an exotic is kept as a pet, the owner or custodian of the exotic must apply to the Department for an Individual Permit on a form supplied by the Department. Individual Permits granted by the Department shall become null and void when the owner or custodian transfers ownership or custodianship of the exotic to another person. The owner or custodian must obtain a separate Individual Permit for each exotic animal kept as a pet. A background check of an owner or custodian applying for an Individual Permit may be completed by the Department.

7.1.2 An Individual Permit is not transferable, is valid for three years, and must be renewed in accordance with regulation 9.1.

7.1.3 When the owner or custodian of an exotic holds an Individual Permit for that exotic and he or she transfers ownership through gifting or adoption then he or she is not considered to be a seller and is not required to have a Sales Permit.

7.2 Accredited Zoo Permit

7.2.1 All zoos in Delaware must obtain an Accredited Zoo Permit which is not transferable.

7.2.2 All zoos in Delaware must be in keeping with the Association of Zoos and Aquariums (AZA) accreditation process.

7.2.3 An Accredited Zoo Permit is not transferable, is valid for five (5) years and must be renewed in accordance with section 9.2.

7.3 Exhibitor Permit

7.3.1 All owners or custodians (with the exception of permitted Accredited Zoos located in Delaware) that wish to present exotic animals for public viewing must obtain an Exhibitor Permit.

7.3.2 An Exhibitor Permit is not transferable, is valid for the calendar year in which it was issued and must be renewed in accordance with regulation 9.3.

7.3.3 A background check of an owner or custodian applying for an Exhibitor Permit may be completed by the Department.

7.3.4 Exotic Animal Exhibitors Duties:

7.3.4.1 Notify the Department within sixty (60) days prior to exhibiting exotic animals in Delaware;

7.3.4.2 Provide the Department with an annual inventory which includes an Accurate Description of each exotic animal to be exhibited. The inventory does not need to include exempt exotics (regulation 6.1). If changes to the annual inventory previously provided to the Department occur prior to exhibiting in Delaware then notify the Department by e-mail, fax or writing of the changed inventory by listing the addition or removal of each exotic animal;

7.3.4.3 Provide the Department with the dates of exhibition;

7.3.4.4 Provide the Department with a list of exhibition activities;

7.3.4.5 Provide the Department with a public health and safety plan, an animal attack protocol, and an animal health plan upon request;

7.3.4.6 Show proof of exotic animal permits or licenses from the state or states where the exhibitor is based to the Department upon request;

7.3.4.7 Provide valid health certificates upon request;

7.3.4.8 When applicable have a valid DE business license and provide proof of same upon request; and

7.3.4.9 Provide proof of knowledge of exotics' health, safety and proper care upon request.

7.4 Rehabilitator Permit

7.4.1 The Rehabilitator Permit must be obtained from the Department by an owner or a custodian who provides short term care and rehabilitation of exotic animals.

7.4.2 The applicant for the Rehabilitator Permit for native species must provide documentation that he or she holds a Wildlife Rehabilitator Permit from DNREC.

7.4.3 A Rehabilitator Permit is not transferable, is valid for three years and must be renewed in accordance with regulation 9.4.

7.4.4 A background check of an owner or custodian applying for a Rehabilitator Permit may be completed by the Department.

7.4.5 Rehabilitator Permit Holder's Duties:

7.4.5.1 By December 31st of each calendar year the exotic animal Rehabilitator must:

7.4.5.1.1 Provide the Department with a yearly inventory of every exotic currently being rehabilitated. The inventory does not need to include exempt exotics (regulation 6.1). The inventory must include an Accurate Description of each exotic;

7.4.5.1.2 Request in writing permission from the State Veterinarian or his/her designee for an extension of the exotic's rehabilitation time when the exotic is carried over from the prior year's inventory;

7.4.5.1.3 Identify each dead, adopted or relocated exotic from the prior year’s inventory and note whether exotic has been relocated in the State of Delaware or outside the State of Delaware;

7.4.5.1.4 Identify each exotic newly acquired during the calendar year ending on December 31st. The identification should include: an Accurate Description, a brief explanation of the reason each exotic animal was acquired or born and note whether the newly, acquired exotic remains in the yearly inventory, has died, has been adopted, or has been relocated in the State of Delaware or outside the State of Delaware; and

7.4.5.1.5 Include the adopter's name, address and when available, telephone and e-mail.

7.4.5.2 Provide the Department with a public health and safety plan, an animal attack protocol, an emergency evacuation plan and an animal health, proper care and rehabilitation plan upon request.

7.4.5.3 Be limited to a maximum of twenty (20) exotic animals per Class of Exotic unless a written request to exceed the maximum number is approved by the State Veterinarian within sixty (60) days of exceeding the maximum.

7.4.5.4 The rehabilitator must require at the time of an exotic's adoption that the adopter has obtained the appropriate class of Exotic Animal Permit from the Department.

7.4.5.5 The rehabilitator must verify at the time of the exotic's adoption that the adopter's name and address on a Valid Identification card is the same as noted on the appropriate class of Exotic Animal Permit presented.

7.4.5.6 Provide the adopter with written information regarding the exotic's enclosure, proper care, nutrition and welfare requirements.

7.4.5.7 The rehabilitator must inform the adopter that there may be county, city, local laws, rules and regulations that may govern or proscribe the possession of exotics in their area.

7.4.5.8 If the adopter resides outside the State of Delaware, the rehabilitator must maintain a record of the interstate transfer of ownership, including adopter's address; and the rehabilitator is responsible for notifying the appropriate state veterinarian's office or applicable state agency.

7.4.5.9 Keep a record of the adopter's name, address and when available, telephone and e-mail for three years.

7.4.6 Adopters of Rehabilitated Exotics; Duties: When an adopter proposes to become an owner or custodian of an exotic that requires permitting by the Department the following conditions prior to becoming an owner/custodian must be met:

7.4.6.1 The adopter must obtain the appropriate class of Exotic Animal Permit from the Department prior to the time of the exotic's adoption.

7.4.6.2 The adopter must present to the rehabilitator at the time of the exotic's adoption a Valid ID with the same name and address that are on the Exotic Animal Permit.

7.5 Sales Permit

7.5.1 Owners or custodians that sell exotics in Delaware or sell exotics from Delaware to locations outside of Delaware must obtain a Sales Permit from the Department for each Class of Exotic sold.

7.5.1.1 A Sales Permit is not transferable, is valid for the calendar year in which it was issued and must be renewed in accordance with regulation 9.5.

7.5.1.2 Accredited Zoo Permit and Rehabilitator Permit holders are not required to hold a Sales Permit.

7.5.1.3 Exhibitor Permit holders engaged in the sale of exotics are required to hold a Sales Permit in accordance with regulations 7.5, 8.5, and 9.5.

7.5.1.4 With the exception stated in regulation 7.1.3, Individual Permit holders engaged in the sale of exotics or the breeding of exotics in the Herbivore or Reptile class are required to hold a Sales Permit in accordance with regulations 7.5, 8.5, and 9.5.

7.5.1.5 A background check of an owner or custodian applying for a Sales Permit may be completed by the Department.

7.5.1.6 When applicable have a valid Delaware business license and provide proof of same upon request by the Department.

7.5.1.7 Notify the Department in writing by June 30th each year of any exotic that was acquired, born or died since the prior year’s (December 31st) inventory. This notification does not apply to exempt exotics (regulation 6.1).

7.5.2 Seller's Duties- When an owner or custodian proposes to sell an exotic that requires permitting by the Department the following conditions of sale must be met:

7.5.2.1 The seller must require at the time of the sale that the purchaser has obtained the appropriate class of Exotic Animal Permit from the Department.

7.5.2.2 The seller must verify at the time of the sale that the purchaser's name and address on a Valid Identification card is the same as noted on the appropriate class of Exotic Animal Permit presented.

7.5.2.3 The seller must provide the purchaser with written information regarding the exotic's enclosure and welfare requirements.

7.5.2.4 The seller must notify the purchaser that there may be county, city, and local laws, rules and regulations within the State of Delaware that may proscribe or govern the possession of exotics in their area.

7.5.2.5 The seller must notify the Department in writing of the purchaser's name and address, and when available, e-mail address or telephone number and an Accurate Description of the Exotic by the first of every month after the sale of an Exotic.

7.5.2.6 If the purchaser resides outside the State of Delaware, the seller must maintain a record of the interstate sale, including purchaser's address, and must notify the appropriate state veterinarian's office or applicable state agency.

7.5.2.7 A legible copy of the purchaser's sale record must be maintained by the seller for 3 years after the sale of the exotic animal.

7.5.2.8 The seller must attest in writing that all exotic animals put up for sale are in good health at the time of sale.

7.5.2.9 The seller of reptiles must be in keeping with regulation 5.1.

7.5.2.10 Sales permit holders are prohibited from breeding the following exotics in the Herbivore and Reptile classes:

7.5.2.10.1 Members of Herbivore class prohibited from breeding:

7.5.2.10.1.1 Herbivores whose average adult body weight of the species is greater than thirty pounds; and

7.5.2.10.1.2 All rare and endangered species.

7.5.2.10.2 Members of Reptile class prohibited from breeding:

7.5.2.10.2.1 All members of the Crocodilian group: Alligators, Caimans, Crocodiles, and Gharials;

7.5.2.10.2.2 All members of the Tuatara group;

7.5.2.10.2.3 All giant snakes when average adult body length of the species is larger than 5 feet: Anacondas, Pythons and Boas;

7.5.2.10.2.4 All giant lizards: Monitors (Varanidae);

7.5.2.10.2.5 All giant tortoises: Aldabras and Galapagos; and

7.5.2.10.2.6 All rare and endangered species.

7.5.3 Purchaser's Duties. When a purchaser proposes to become an owner or custodian of an exotic that requires permitting by the Department the following conditions prior to purchase must be met:

7.5.3.1 The purchaser must obtain the appropriate class of Exotic Animal Permit from the Department prior to the time of purchase.

7.5.3.2 The purchaser must present to the seller at the time of the sale a Valid ID with the same name and address that are on the Exotic Animal Permit.

8.0 Initial Permit Applications

8.1 Individual Permit. Initial applications must be filed with the Department prior to acquiring the exotic and prior to moving to reside in the State of Delaware with an exotic pet(s). Initial applications do not apply to exempt exotics (regulation 6.1).The State Veterinarian, for good causes shown, and upon written request of the owner/custodian may grant an extension of time to apply for an initial permit. The pre-purchase or pre-adoption fees required to obtain an Individual Permit for an exotic are non refundable.

8.2 Accredited Zoo Permit. Initial applications must be filed with the Department upon accreditation by the Association of Zoos and Aquariums, or its successor association. A single Accredited Zoo Permit covers every exotic animal housed or kept at the Zoo. The Accredited Zoo Permit application must include a current copy of the Zoo's on-going accreditation document and identify an inventory of every exotic animal by Accurate Description kept at the Zoo at the time of application. The inventory does not apply to exempt exotics (regulation 6.1).

8.3 Exhibitor Permit. Initial applications must be filed with the Department prior to exhibiting exotic animals in the State of Delaware. A single Exhibitor Permit covers every exotic animal housed or kept by the exhibitor. The application must include an inventory of every exotic animal by Accurate Description kept at the time of application. The inventory does not apply to exempt exotics (regulation 6.1).

8.4 Rehabilitator Permit. Initial applications must be filed with the Department prior to rehabilitating an exotic animal. A single Rehabilitator Permit covers every exotic animal housed or kept by the rehabilitator.

8.5 Sales Permit. Initial applications must be filed with the Department prior to the sale of any exotic animal and in accordance with regulation 7.5. Sales Permits must be obtained for each Class of exotic sold. If an exotic animal can be placed in more than one Class, the applicant need only apply for one class per exotic animal. The yearly Sales Permit request must include an inventory of each exotic animal per Class of Exotic animal identified on the Permit Application. The inventory must identify every exotic animal by Accurate Description of the exotic stocked at the business at the time of application for the yearly Permit. This yearly inventory does not apply to exempt exotics (regulation 6.1).

9.0 Permit Renewal

9.1 Individual Permits are valid for 3 years and must be renewed by March 31st of the fourth year.

9.2 Accredited Zoo permits are required to be renewed every fifth year by March 31st in keeping with the AZA accreditation schedule. An updated inventory must be submitted with each permit renewal application.

9.3 Exhibitor Permits are required to be renewed as stipulated in regulations 9.3.1 and 9.3.2. An updated inventory must be submitted with each permit renewal application.

9.3.1 When an Exhibitor is based in Delaware or exhibits in Delaware on a customary basis each calendar year, then the Exhibitor Permit holder must renew by December 31st of each year.

9.3.2 When an Exhibitor exhibits in Delaware sporadically and not each calendar year, then the Exhibitor Permit holder must renew within sixty (60) days prior to the initial exhibition. Such permits are only valid for the calendar year in which the permit was issued.

9.4 Rehabilitator Permits are valid for three years and renewal must occur by March 31st of the fourth year. The renewal application must include proof of an active Wildlife Rehabilitator Permit issued by DNREC and an updated inventory.

9.5 Sales Permits for each class of exotic sold are required to be renewed on an annual basis and renewal must occur by December 31st of each year. An updated inventory must be submitted with each permit renewal application.

10.0 Possessing or Owning an Exotic Animal Without a Permit

10.1 When the Department determines that an owner or custodian of an exotic animal has not obtained the required permit, or has failed to timely renew a permit, the Department shall inform the owner or custodian by mailing a letter to the owner or custodian's last known address of the legal requirement to obtain a permit. The owner or custodian will then have ten (10) business days from the date the Department's letter was mailed to obtain the required permit. The State Veterinarian may grant additional time to obtain a permit for good cause if petitioned in writing during the ten (10) business days from the date the Department's letter. No permit will be issued if possession of an exotic animal is prohibited by other applicable statutes.

10.2 Failure to obtain a permit or to timely renew a permit are grounds for the State Veterinarian to seize and dispose of the exotic without the administrative hearing contemplated by regulation 14.2 and/or to institute criminal proceedings in accordance with 3 Del.C. §7203.

11.0 Transporting; Permit Information Changes; Transfer of Ownership; Births and Deaths

11.1 If an exotic is to be moved from one location to another for any reason, the exotic shall be transported in a cage or other container that will be strong enough to prevent its escape while in transport, that will protect the public from physical contact with the exotic and that meets the exotic's welfare requirements.

11.2 All permit holders are required to notify the Department in writing within thirty (30) business days if they change their name, permanent address or other contact information and a failure to do so constitutes and offense punishable in accordance with 3 Del.C. §7203.

11.3 Transfer of Ownership or Custodianship

11.3.1 All permit holders are required to:

11.3.1.1 Keep written records of any change of ownership or custodianship of an exotic animal.

11.3.1.2 Make these records available to the Department immediately upon request.

11.3.2 Individual Permit holders that gift or adopt out an exotic in accordance with regulation 7.1.3 must notify the Department in writing within ten (10) days of the transfer of ownership or custody.

11.3.3 Rehabilitator Permit holders must be in keeping with regulation 7.4.

11.3.4 Sales Permit holders must be in keeping with regulations 7.5 and 8.5.

11.3.5 A failure to comply with any of the duties imposed by regulation 11.3 constitutes an offense punishable in accordance with 3 Del.C. §7203.

11.4 Births and Deaths

11.4.1 Individual Permit holders must notify the Department of the birth(s) or death(s) of each exotic by the first of every month.

11.4.1.1 In the instance of unplanned birth(s) of exotic(s), the Individual Permit holder must obtain a permit for each exotic in keeping with regulations 7.1 and 8.1.

11.4.1.2 If an exotic is pregnant when purchased and gives birth then the Individual Permit holder must obtain a permit for each exotic in keeping with regulations 7.1 and 8.1.

11.4.2 Accredited Zoo Permit holders may breed exotics in keeping regulation 4.5.2.

11.4.3 Exhibitor Permit holders who are based in Delaware must notify the Department of any birth(s) or death(s) of each exotic by the first of every month.

11.4.4 Rehabilitator Permit Holders must be in keeping with regulations 7.4.5.1.3, 7.4.5.1.4 and 9.4.

11.4.5 Sales Permit holders are limited to breeding the following classes: Reptile and Herbivore and must be in keeping with regulations 4.5.2, 7.5.1.7, 7.5.2.10, 8.5, and 9.5.

11.4.6 Exotics exempt from permitting in accordance with regulation 6.1:

11.4.6.1 May be bred; and

11.4.6.2 Births and deaths do not need to be reported to the Department.

12.0 Nuisances Prohibited

No exotic, whether exempt from permitting in accordance with regulation 6.1 or requiring permitting in accordance with regulations 6.2 and 6.3 (i.e., exempt or not exempt), may become a nuisance. Any exotic, exempt or not exempt, that is an immediate threat and/or poses a risk of danger to the public may be subject to seizure and destruction in accordance with regulation 4.2 and without the administrative hearing contemplated by regulation 14.2.

13.0 Escape, Loss, and Release

When an exotic requiring permitting in accordance with these regulations escapes or is lost from its enclosures, the owner or custodian of said exotic must notify the Department and the appropriate animal control agency of the escape/loss as soon as possible but no later then three (3) days after first learning of the escape or loss. The owner or custodian of an escaped or lost exotic has a duty to offer assistance to recapture the exotic and must reimburse the Department for any expenses it incurs associated with recapturing the exotic including damage to persons, animals or property. It is unlawful to release an exotic requiring permitting in accordance with these regulations. If the Department is not notified by the owner or custodian of the escape or loss within aforementioned three (3) days, the exotic shall be presumed to be released unlawfully. A failure to comply with this provision constitutes an offense punishable in accordance with 3 Del.C. §7203.

14.0 Permit Denials and Revocations; Administrative Hearings; Appeals

14.1 The State Veterinarian or his/her designee may deny or revoke an initial application, renewal application, or a permit for good cause. Reasons for denials or revocations may include, but are not limited to the following: a zoo losing its accreditation; an exotic animal biting, maiming, or injuring a human; an exotic animal escaping from its enclosures; release of an exotic animal; failure to require and verify that a purchaser/adopter has obtained the appropriate class of Exotic Animal Permit from the Department prior to the time of purchase/adoption of the Exotic; failure to notify the Department of the transfer or sale of any exotic animal; exotic animals being bred or reproducing by Permit class holders not permitted to breed exotics; failure to notify the Department of the birth or death of an exotic; failure to keep copies of sales records for three years; failure to perform the duties stated in these regulations; failure to promptly report any contagious, infectious, or zoonotic disease, agent or organism concerns; prior animal cruelty violations; and the applicant/permit holder fails to maintain enclosure, proper care, nutrition and welfare standards.

14.2 Administrative Hearing: The owner or custodian of an exotic animal may appeal from the State Veterinarian's determinations pursuant to regulation 14.1 by requesting an Administrative Hearing before the Secretary or his or her designee.

14.2.1 Whenever the State Veterinarian proposes to revoke a permit or deny an application for any reason other than that the exotic poses an immediate and unreasonable risk of harm to the public, the Department shall first give written notice to the permit holder or applicant of the State Veterinarian's determination. The written notice shall inform the permit holder or applicant that he or she has the right to challenge the determination and to request a hearing before the Secretary of the Department or his or her designee. A request for an administrative hearing must be made in writing and must be received by the Department within ten (10) business days of the date of the written notice to such permit holder or applicant; otherwise, the State Veterinarian's determination becomes final. The hearing shall be informal, and the technical rules of evidence shall not apply. The administrative hearing shall be scheduled by the Department as soon as practical, but in no event more than thirty (30) business days after receiving the written request for an administrative hearing.

14.2.2 Whenever the State Veterinarian determines that an exotic, whether exempt or not exempt, poses an immediate and unreasonable risk of harm to public health and safety or domestic animal health, the same exotic is subject to immediate seizure and possible destruction. In such circumstances no administrative hearing is available to the applicant/permit holder or owner/custodian to challenge the State Veterinarian's determination.

14.2.3 Administrative hearings shall be recorded. The Secretary or his or her designee shall render his or her decision in writing to all interested parties within sixty (60) days of the date of the administrative hearing.

14.3 Appeals shall be on the record to the Superior Court of the State of Delaware.

13 DE Reg. 926 (01/01/10)

904 Health Requirements Governing the Admission of Animals

3 Del. Admin. Code § 904 Health Requirements Governing the Admission of Animals

900 Poultry and Animal Health

904 Health Requirements Governing the Admission of Animals

1.0 Relation to Federal Requirements

1.1 All livestock and poultry imports must meet Delaware Animal Health requirements, and be in compliance with the Federal Interstate requirements.

1.2 All animals covered by these regulations originating from public stockyards or which may be assembled at public stockyards consigned to a legal resident of Delaware shall be required to meet regulations of the State of Delaware before being released.

1.3 Livestock entering the State of Delaware without proper approved health certificate shall be held in quarantine at the owner's risk and expense until released by the Department of Poultry and Animal Health, Dover, Delaware.

2.0 Who May Inspect

Accredited, licensed graduate veterinarians who are approved by the livestock sanitary official of the state of origin and veterinarians in the employ of the Animal Health Division, United States Department of Agriculture.

3.0 Duties of Carriers

3.1 Owners and operators of common carriers, trucks and other conveyances are forbidden to move any livestock into or within the state or through the State of Delaware except in compliance with the provisions set forth in these regulations.

3.2 All railway cars, trucks, and other conveyances used for the transportation of livestock and poultry shall be maintained in a sanitary condition.

3.3 Owners and operators of railway cars, trucks and other conveyances that have been used for the movement of any livestock infected with or exposed to any infectious, contagious or communicable disease shall be required to have such cars, trucks and other conveyances thoroughly cleaned and disinfected under official supervision, before further use is permissible for the transportation of livestock.

4.0 Official Health Certificate

4.1 An official health certificate is a legible record covering the requirements of the State of Delaware, accomplished on an official form from the state of origin and approved by the livestock sanitary official of the state of origin, and issued by a licensed, graduate, accredited veterinarian who is approved by the proper livestock sanitary official of the state of origin.

4.2 The health certificate shall contain the names and addresses of the consignor and the consignee, with an accurate description or identification of the animals and shall also indicate the health status of the animals involved, including results of required tests. Health certificates shall be void thirty (30) days after issuance.

4.3 All laboratory tests for brucellosis and other diseases of animals which are intended for interstate movements to Delaware shall be made in the official laboratory of the state of origin.

4.4 All livestock imported into the State of Delaware shall be accompanied by an approved official health certificate which must be attached to the waybill or shall be in the possession of the driver of the vehicle or person in charge of the livestock.

4.5 A copy of the approved official health certificate shall be forwarded to the State Veterinarian, Department of Poultry and Animal Health, 2320 S. DuPont Highway, Dover, Delaware, 19901, before the arrival of the livestock.

5.0 Cattle

5.1 In addition to the general requirements, all cattle shall meet the following requirements:

5.1.1 Brucellosis

5.1.1.1 animals shall originate in Brucellosis Free or Modified Certified Free Areas or in herds which have had a complete negative herd test for brucellosis within the past twelve (12) months and

5.1.1.2 individual animals to be imported over six (6) months of age shall be negative to an official brucellosis blood test conducted within thirty (30) days of the date of entry. Official brucellosis vaccinated heifers of the dairy and beef breeds under 18 months of age, steers, and spayed heifers need not be brucellosis tested and

5.1.1.3 shall not originate in herds under quarantine or in herds which contain brucellosis suspects or reactors.

5.1.1.4 individual animals shall be identified by ear tag or registration number, breed, sex and age.

5.1.2 Tuberculosis

5.1.2.1 animals over six (6) months of age shall be negative to a tuberculin test within sixty (60) days of the date of entry and

5.1.2.2 shall not originate in herds under quarantine or in herds which contain tuberculosis suspects or reactors.

5.1.3 Slaughter Cattle:

5.1.3.1 Clinically healthy cattle may enter the state without test or permit, provided such cattle are consigned directly to a slaughter house, sales ring or commission auction which is specifically approved by the United State Department of Agriculture and the Chief Livestock Regulatory Official of the State of Delaware. The animals must be accompanied by a waybill or similar document or a certificate signed by the owner or shipper stating that the animals are for immediate slaughter. Said cattle to be held in strict quarantine on premises at destination away from all cattle used for dairy or breeding purposes, and must be slaughtered within ten (10) days from the date of entry. All animals classified for immediate slaughter other than animals consigned directly to a slaughter house, must be individually identified, hot branded with the letter "S" by a representative of the State-Federal Government and so listed on the waybill, bill of sale or shipping certificate.

5.1.4 Feeder Cattle:

5.1.4.1 Feeder cows and heifers which do not come within the brucellosis requirements may be imported into the state for temporary feeding purposes provided they have passed a negative brucellosis blood test within thirty (30) days prior to entry, or are consigned to a public stockyard under official supervision where they shall be blood tested by an approved veterinarian.

5.1.4.2 Feeder cows, heifers, steers and spayed heifers which do not come within the tuberculosis requirements may be imported into the state for temporary feeding purposes provided they have passed a negative tuberculosis test within sixty (60) days prior to entry, or are consigned to a public stockyard under official supervision, where they shall be tuberculin tested by an approved veterinarian.

5.1.4.3 Or may be consigned directly to an approved feed lot.

6.0 Horses and Other Equidae

6.1 These animals may enter the State of Delaware when accompanied by an official health certificate stating that said animals are free of any infectious or contagious diseases and have not been exposed thereto.

6.2 Horses must have included in the health certificate their temperature reading taken not more than ten (10) days prior to entry. Horses with a temperature exceeding one hundred and two (102) degrees fahrenheit are not permitted entry.

6.3 Testing Requirements for Horses:

6.3.1 All horses that are imported into Delaware must be accompanied by a certificate from an approved laboratory stating that they have been officially tested and have been found to be negative for equine infectious anemia within the past twelve (12) months.

6.3.2 All horses assembled at a show, fair, race meet, or other such function in Delaware, must be accompanied by a certificate of an official negative test for equine infectious anemia conducted within twelve (12) months prior to the event.

6.3.3 All horses consigned to a sale or auction in Delaware must be accompanied by a certificate of an official negative test for equine infectious anemia conducted within six (6) months prior to such event.

7.0 Hogs

7.1 In addition to the general requirements, all swine for breeding or feeding purposes shall meet the following requirements:

7.1.1 General:

7.1.1.1 All swine, except those consigned for immediate slaughter, are to be individually identified by ear tag, registration number or tattoo.

7.1.1.1.1 Such swine must be accompanied by an official health certificate and are quarantined to the farm of destination for a period of 21 days.

7.1.1.2 Animals moving from farm of origin to specifically approved salebarn, stockyards or auction markets which do not comply with the requirements of 7.1shall comply with the applicable provisions of Part 76, Title 9, Code of Federal Regulations.

7.1.2 Brucellosis:

7.1.2.1 Breeder swine over six (6) months of age must either originate in a Validated Brucellosis Free Herd or be negative to an official brucellosis test within thirty (30) days of the date of entry.

7.1.2.1.1 Breeder swine shall be individually identified by ear tag or registration number, age, sex and breed.

7.1.3 No swine that have been fed raw garbage are permitted entry into the State of Delaware.

7.1.4 Pseudorabies

7.1.4.1 Breeder Swine shall have originated from a Pseudorabies Qualified negative herd or shall have been tested negative for Pseudorabies at the 1:4 dilution within thirty (30) days of their date of entry.

8.0 Sheep

8.1 In addition to the General Requirements, all sheep shall meet the following requirements:

8.1.1 Must originate in a flock not infected with scrapie within the preceding four (4) years.

9.0 Goats

9.1 In addition to the General Requirements, all goats for breeding or dairy purposes shall meet the following requirements:

9.1.1 Tuberculosis:

9.1.1.1 Animals over six (6) months of age shall be negative to a tuberculin test conducted within thirty (30) days of the date of entry or be from a herd with a complete negative herd test within twelve (12) months of the date of entry.

9.1.1.2 Shall not originate in herds under quarantine or in herds that contain tuberculosis suspects or reactors.

9.2 Brucellosis:

9.2.1 animals over six (6) months of age shall be negative to an official brucellosis test within thirty (30) days of the date of entry or be from a herd with a complete negative herd test within twelve (12) months of the date of entry.

9.2.2 shall not originate in herds under quarantine or in herds which contain suspects or reactors.

10.0 Dogs

10.1 In addition to the General Requirements, all dogs shall meet the following requirements:

10.1.1 Animals over four (4) months of age shall be adequately vaccinated for rabies and

10.1.2 The type of rabies vaccine used for immunization and the date of administration shall be included on the official health certificate and

10.1.3 Animals shall not originate in a rabies quarantined area.

11.0 Cats

11.1 Cats may enter Delaware when accompanied by an official health certificate stating that said animals are free of any infectious or contagious disease or exposure thereto.

11.2 All cats 6 months of age and older must be adequately vaccinated for rabies.

12.0 Psittacine Birds

A health certificate is required indicating the birds are from an area free of Psittacosis.

13.0 Poultry and Hatching Eggs

All poultry imported into the state shall be from approved pullorum typhoid free flocks.

14.0 Aquatic Species/Aquaculture

The Division of Fish and Wildlife regulates the harvest of finfish and shell fish, stocking, endangered and threatened species, and injurious fish bans. This agency regulates fresh and saltwater species. If you would like more information, please contact:

Roy Miller, Fisheries Administrator

Division of Fish and Wildlife

89 Kings High

Dover DE 19901

Ph: 302 739-3441

Fax: 302 739-6157

E-mail roy.miller@state.de.us

The Department of Agriculture, Poultry and Animal Health regulates aquaculture. For more information, please contact:

Bob Moore

Department of Agriculture

2320 South Dupont High

Dover, DE 19901

Ph: 302-7394811

E-mail: Robert.moore@state.de.us

15.0 Ratites

15.1 Requirements include:

15.2 A health certificate.

15.3 Some form of individual identification.

15.4 A negative AGID test for avian influenza within 30 days of arrival.

16.0 Bison

Same as cattle.

17.0 Llamas

See General Requirements.

18.0 Elk

See General Requirements.

19.0 Rabbits

See General Requirements.

20.0 Zoo, Fur-Bearing, and Other Wild Animals.

20.1 A health certificate is required for importing wild animals or semi-wild animals under domestication or in custody. In addition, many wild animals, hybrids of wild mammals, wolf hybrids, and reptiles require a permit if the animal species is not native to Delaware. Permit requirements include circuses, exhibitors, and private owners.

20.2 All zoo animals shall meet the General Requirements of Federal Regulations. Part A.

21.0 Semen and Frozen Embryos

See General Requirements.

22.0 Biologics, Microorganisms and Parasites

See General Requirements.

23.0 Emergency Provisions

See General Requirements.

Effective Date: June 1984

Last Update: December 29, 2005

905 Chronic Wasting Disease

3 Del. Admin. Code § 905 Chronic Wasting Disease

900 Poultry and Animal Health

905 Chronic Wasting Disease

1.0 Description of the Disease

Chronic Wasting Disease (CWD) is a progressive, fatal, neurological disease found in a small percentage of cervidae (deer and elk). CWD belongs to the deadly group of diseases known as transmissible spongiform encephalopathies (TSEs). CWD was first described as a wasting syndrome in captive deer held in a Colorado wildlife refuge in 1967. It was detected in free ranging deer and elk in northern Colorado and adjacent sections of southeastern Wyoming in the mid 1980's. Since then, CWD has been found in captive herds and free ranging animals in many states. Since a complete understanding of the mode of transmission for this disease is not fully known at this time, it is prudent to develop control measures to prevent its entry into this State.

2.0 Purpose

In order to protect the captive and free-ranging cervid (deer and elk) populations of the State of Delaware from the disease known as Chronic Wasting Disease (CWD), the following regulation has been promulgated: This regulation is promulgated under the authority of Title 3, Chapter 71, Section 7101 of the Delaware Code.

3.0 Definitions

"Approved laboratory" means an American Association of Veterinary Laboratory Diagnosticians (AA VLD) accredited laboratory or the National Veterinary Services Laboratory, Ames, Iowa.

"Certificate" means an official document, issued by a state veterinarian or federal animal health official or an accredited veterinarian at the point of origin, containing information on the individual identification of each animal being moved, the number of animals, the purpose of the movement, the points of origin and destination, the consignor, the consignee, and any other information required by the state veterinarian.

"Certified CWD cervid herd" means a herd of cervidae that has met the qualifications for and has been issued a certified CWD cervid herd certificate signed by the state veterinarian.

"Cervidae" means elk, red deer, fallow deer, sika deer and related species and hybrids of these speCIes.

"Cervid CWD surveillance identification program" or "CCWDSI program" means a CWD surveillance program that requires identification and laboratory diagnosis on all deaths of cervidae over 18 months of age including, but not limited to, deaths by slaughter, hunting, illness, and injury. A copy of the approved laboratory reports shall be maintained by the owner for purposes of completion of the annual inventory examination for recertification. Such diagnosis shall include examination of brain and any other tissue as directed by the state veterinarian. If there are deaths for which tissues were not submitted for laboratory diagnosis due to postmortem changes or unavailabity, the department shall determine compliance.

"Cervid herd" means a group of cervidae or one or more groups of cervidae maintained on common ground or under common ownership or supervision that are geographically separated but can have interchange or movement.

"Cervid herd of origin" means a cervid herd, on any farm or other premises, where the animals were born or where they currently reside.

"Chronic wasting disease" or "CWD" means a transmissible spongiform encephalopathy of cervids.

"CWD affected" means a designation applies to cervidae diagnosed as affected with CWD based on laboratory results, clinical signs, or epidemiological investigation.

"CWD exposed" or "exposed" means a designation applied to cervidae that are either part of an affected herd or for which epidemiological investigation indicates contact with CWD affected animals or contact with animals from a CWD affected herd in the past four years.

"CWD suspect" means a designation applied to cervidae for which laboratory evidence or clinical signs suggest a diagnosis of CWD but for which laboratory results are inconclusive.

"Monitored CWD cervid herd" means a herd of cervidae that is in compliance with the CCWDSI program as defined in this rule. Monitored herds are defined as one-year, two-year, three-year, and four-year monitored herds in accordance with the time in years such herds have been in compliance with the CCWDSI program.

"Official cervid CWD test" means an approved test to diagnose CWD conducted at an official laboratory.

"Official cervid identification" means a USDA-approved identification ear tag that conforms to the alphanumeric national uniform ear tagging system as defined in 9 CFR Part 71.1, Chapter 1, revised as of January 1,2000.

"Permit"means an official document that is issued by the state veterinarian or USDA area veterinarian-in-charge or an accredited veterinarian for movement of affected, suspect, or exposed animals.

"Quarantine" means an imposed restriction prohibiting movement of cervids to any location without specific written permits.

"State" means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam.

"Traceback" means the process of identifying the herd or origin of CCWDSI positive animals, including herds that were sold for slaughter.

4.0 Regulatory Provisions:

4.1 All persons becoming cervid owners must first register with the Delaware Department of Agriculture on forms provided by the Department. This shall apply to meat producing operations, hunting operations, broodstock producers, novelty pet owners, etc. The registration form must be completed prior to the animals arriving in the State. There will be a section of the registration form which requests the signature of the cervid owner agreeing to abide by all provisions contained herein.

4.2 All cervid animals entering the State for any reason shall be accompanied by an in-date and fully executed certificate of veterinary inspection. All cervid animals entering the State must be identified by means of an official cervid identification.

4.3 Herds already in existence at the time of passage of this regulation may be excused from some of the provisions contained herein.

4.4 Each and every cervid herd within the state must submit to the State Veterinarian comprehensive plans for adequate testing of all animals over 18 months of age, which die for any reason.

4.5 Every herd owner will be responsible for keeping complete and accurate records of all animals that enter or exit the herd. The record system will be clear and concise and must be kept on hand for a period of five years.

4.6 It will be the responsibility of each herd owner or caretaker to immediately report any sickness or any death of any animal to the State Veterinarian. Each animal over eighteen months of age, which died, must be examined and a cause of death determined by an accredited veterinarian or an approved laboratory.

4.7 A panel of three members: (1) The State Veterinarian or his designee, (2) The Director of Game and Fish Division or his designee and (3) A member of the USDA, APHIS TSE Section will meet at least once a year to determine the following:

4.7.1 Review the status of each herd in the state and determine the sampling plan for that herd. This will also include those herds raising animals strictly for meat purposes.

4.7.2 Determine the sampling schedule and distribution of sample collection from the state's wild cervid population.

4.7.3 Determine the laboratory to which the samples are sent and who will pay the co_ if any, for testing. There will be a frequency of testing determined for those herds which use their animals for meat purposes only. If the animals are slaughtered out-of-state, it will be the responsibility of the owner to transport the required number body parts needed for testing to the Delaware Department of Agriculture.

4.7.4 What criteria must be met before a person is considered qualified to collect specimens for official CWD testing.

4.7.5 Determine the procedures, which must be followed in order to successfully store and ship the specimens to an approved laboratory in order to receive the most reliable results.

4.7.6 In the event that a positive or suspicious result is received, this group will convene to determine the most practical and expeditious steps to follow to destroy the herd, or remove animals of high risk and layout a plan for eventual establishment of a "free" herd.

4.7.7 If a "positive" or "suspicious" herd is discovered, that herd will be quarantined and remain under quarantine until this group determines that all possibility of transmission has passed. USDA accepted protocols would be followed in determining this fact. In the event that a visually suspicious animal is identified, the entire herd will be quarantined until specimens from that animal have been collected, sent to an approved laboratory and "positive" or "negative" results have been received.

4.7.7.1 Any Delaware cervid herd that is found to have a "positive" or "suspicious" animal will be required to strictly follow the surveillance guidelines as set forth in the cervid CWD surveillance identification program.

4.7.8 In an attempt to prevent the transmission of this disease from captive cervids to free ranging white tailed deer, any operation starting up after the date of passage of this regulation must be fenced with fencing at least ten (10) feet tall to prevent any escape of a farmed cervid.

4.7.9 Any additions of breeding animals or germ plasma to an existing Delaware herd or animals used to start up a Delaware herd, must come from a herd that has been classified as a "Monitored CWD Cervid Herd" that has been in compliance with the CCWDSI program as already defined.

4.7.10 As more becomes known of this disease, these regulations may, from time to time, be amended to further safeguard Delaware's farmed deer and wild population from the detrimental effects of this disease.

5.0 Penalties

Whoever willfully violates the provisions of this regulation will be required to appear for a scheduled hearing at the Delaware Department of Agriculture. If no other penalty is provided by law, the herd owner will be fined $250 per offense.

906 Possession, Sale or Exhibition of Non-Native and Invasive Animal Species

3 Del. Admin. Code § 906-1.0 Scope and Authority

These regulations govern the possession, sale and exhibition of exotic animal species determined to be invasive in the State of Delaware. 'These regulations are promulgated pursuant to the authority granted by 3 Del.C. Ch. 72. The State Veterinarian or a designee of the State Veterinarian or the Department shall have the authority to administer these Rules and Regulations and shall be solely responsible for making the determinations required hereunder. If future situations warrant, these regulations may be amended.

History

• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)

3 Del. Admin. Code § 906-2.0 Definitions

The following terms when used in these Rules and Regulations shall have the following meanings:

"Department" means The Delaware Department of Agriculture.

"Exotic" means a live wild mammal, hybrid of a wild mammal, and a live reptile not native to or generally found in Delaware as defined in 3 DE Admin. Code 903, Section 3.0 and 7 DE Admin. Code 3900, Section 23.0. An exotic animal is ecologically foreign to Delaware, but allowed for possession, sale, and exhibition if a permit has been issued by the Department.

"Invasive animal species” or “invasive animal" means those species that are not native to or generally found in Delaware that as determined by the State Veterinarian become overpopulated and cause harm to the environment, adversely affecting habitats, bioregions, or causing ecological, environmental, or economic damage.

History

• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)

3 Del. Admin. Code § 906-3.0 Invasive Animal Species

3.1 The Department and State Veterinarian oversee exotic animal species in the State of Delaware and have the authority to determine whether an exotic animal species is invasive. This will occur through the promulgation of regulations by the department. If an animal species is determined to be invasive, the sale, trade, breeding, import, barter, gifting, release into the wild, and auction of the animal species is prohibited.

3.2 The State Veterinarian may determine that an animal species is invasive based on the potential of the animal species to become feral, and if that animal species is not native to or generally found in the State of Delaware and is at-large.

3.3 The Department will not issue a permit to possess, breed, sell, or exhibit an animal species that is determined to be invasive.

3.4 The State Veterinarian or the Department will issue a public notice indicating that an animal species is determined to be invasive. An owner or caretaker that possesses, breeds, sells, or exhibits an animal species, determined to be invasive, prior to the date of the public notice is required to:

3.4.1 Tag the animal with a visible form of identification and register the device with the Department.

3.4.2 Cease breeding or other activity that increases the count of the animal species that is determined to be invasive.

3.4.3 Provide adequate housing and secure fencing such that the invasive animal species cannot escape.

3.4.4 Report within 12 hours to the Department in-person or by telephone if the animal is at-large.

3.4.5 House male and female animals, capable of reproducing, separately to ensure that breeding does not occur.

3.4.6 Obtain an Invasive Animal Permit from the Department.

3.4.7 Allow the Department, State Veterinarian, or duly authorized agent access to the premises where the animal species is being held to assess compliance with these Rules and Regulations, and to examine the welfare of the animal species in the event of or threat of a contagious or infectious disease.

History

• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)

3 Del. Admin. Code § 906-4.0 Species Declared as Invasive Animal Species

4.1 Potbellied pigs

4.2 Feral swine of any kind

History

• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)

3 Del. Admin. Code § 906-5.0 Requirements for Permits

5.1 An owner or caretaker of an exotic animal species must obtain an Exotic Animal Permit from the Delaware Department of Agriculture for any animal species not determined to be invasive pursuant to this regulation and not determined to be exempt pursuant to 3 DE Admin. Code 903. The State Veterinarian will not issue an Exotic Animal Permit for an animal species that is determined to be invasive.

5.2 If an owner or caretaker of an animal species that has been determined to be invasive has already obtained an Exotic Animal Permit for that animal, the owner or caretaker must obtain an Invasive Animal Permit. The Exotic Animal Permit will become void.

5.3 The State Veterinarian may inspect the premises where an invasive animal species is being held. This includes premises for which an owner or caretaker has obtained an Exotic Animal Permit for an animal, prior to that animal species being determined to be invasive.

History

• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)

3 Del. Admin. Code § 906-6.0 Cancellation of a Permit

6.1 The State Veterinarian may cancel a permit issued under 3 DE Admin. Code 903 if the applicant or permit holder is not in compliance with this regulation or 3 Del.C. Ch. 72.

6.2 If the State Veterinarian proposes to cancel a permit already issued, the Department will notify the permit holder of the intended action.

History

• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)

3 Del. Admin. Code § 906-7.0 Notification of Transfer or Escape

7.1 Prior to any change of possession or relocation for any reason whatsoever; the transferor or person relocating an invasive animal species shall notify the Department in writing on forms provided by the Department of such transfer or relocation. No transfer of possession or relocation of an invasive animal species may occur unless and until the transferee or the person accepting the relocated invasive animal applies for and is granted a new permit by the Department as provided in this regulation or receives approval from the State Veterinarian to relocate such invasive animal across state lines.

7.2 Within 12 hours of the escape of any invasive animal species from the custody of its custodian, the custodian shall notify the Department, by phone or in-person, of the escape, and provide reasonable assistance and cooperation to the Department to recapture the invasive animal species.

History

• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)

3 Del. Admin. Code § 906-8.0 Violations

8.1 If a permitted invasive animal species is found at-large without visible identification, and the Department is not able to contact the owner or caretaker, the Department or other State or federal agents may euthanize the animal immediately on-site.

8.2 If the Department has reason to believe that an invasive animal species is being kept by a person without an Invasive Animal Permit, the Department shall notify the person of such violation. The lack of money or resources needed to come into compliance with this regulation and 3 Del.C. Ch. 72 shall not be good cause for an extension of this regulation.

8.3 If an owner or caretaker fails to comply with this regulation, the State Veterinarian may order the seizure and euthanization of the permitted invasive animal species kept in violation of this regulation without further notice to the owner or caretaker.

8.4 If an individual or retail establishment is found selling or otherwise making available to members of the public an animal species determined to be invasive, the establishment will be found in violation of this regulation. The State Veterinarian may order the seizure and euthanization of any invasive animal species found on the premises of the establishment.

History

• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)

3 Del. Admin. Code § 906-9.0 Emergency Action

Nothing in this regulation shall be construed to prohibit the Department from confiscating and destroying any invasive animal species without notice or a hearing when in the opinion of the State Veterinarian such emergency action is required to protect the public health, safety or welfare.

History

• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)
• 26 DE Reg. 1051 (06/01/23)

1000 Thoroughbred Racing Commission

1002 Delaware Jockey's Health and Welfare Board

3 Del. Admin. Code § 1002-1.0 Introduction

1.1 This regulation is authorized pursuant to 3 Del.C. §10171 and 29 Del.C. §4815(b)(4)c. which established a Delaware Jockeys’ Health and Welfare Benefit Board (hereinafter “the Board”) and Delaware Jockeys’ Health and Welfare Benefit Fund (hereinafter “the Fund”).

1.2 The Delaware Jockeys’ Health and Welfare Benefit Board shall consist of 1 member of the Delaware Thoroughbred Racing Commission, 1 member from the licensed agent under Chapter 1010 of Title 3 or Chapter 4 of Title 28, 1 member of the Delaware Horsemen’s Association, 1 representative from the organization that represents the majority of the jockeys who are licensed and ride regularly in Delaware, and 2 jockeys who are licensed and ride regularly in Delaware. The Chairman of the Thoroughbred Racing Commission shall serve as an ex officio member, and vote on matters in the event of a tie vote on any issue. All members shall be appointed by the Thoroughbred Racing Commission, and shall serve a 2 year term.

1.3 The Board shall elect a Chairperson from among the appointed members of the Board. The Chairperson shall serve a 2 year term and may serve consecutive terms. The Chairperson shall be the presiding officer at all meetings of the Board.

1.4 The Board shall administer the Fund pursuant to these regulations and other reasonable criteria for benefit eligibility.

1.5 A special fund of the State has been established and will be known as the “Delaware Jockeys’ Health and Welfare Benefit Fund.” The Fund shall consist of the proceeds transferred from the licensed video lottery agent and the purse account pursuant to 29 Del.C. §4815(b)(4)c. The proceeds transferred to the Fund will be maintained in an account established in the Department of Agriculture.

1.6 The Fund will be invested by the State Treasurer consistent with the investment policies established by the Cash Management Policy Board. All income earned by the Fund will be reinvested in the Delaware Jockeys’ Health and Welfare Benefit Fund.

1.7 The Board shall use the Fund to provide for jockeys who regularly ride in Delaware, health benefits for active, disabled and retired jockeys. The Board may also expend usual and customary expenses for administrative purposes from the Fund.

1.8 The Thoroughbred Racing Commission’s Administrator of Racing will provide administrative support to the Board and keep minutes of all the meetings of the Board and preserve all records of the Board. The Board’s Office will be considered as part of the Office of the Thoroughbred Racing Commission.

1.9 The Board can propose to amend this regulation by an affirmative vote of the majority of the Board.

History

• 20 DE Reg. 890 (05/01/17)
• 9 DE Reg. 1749 (05/01/06)
• 13 DE Reg. 1536 (06/01/10)
• 15 DE Reg. 60 (07/01/11)
• 15 DE Reg. 1585 (05/01/12)
• 19 DE Reg. 33 (07/01/15)
• 20 DE Reg. 890 (05/01/17)
• 28 DE Reg. 381 (11/01/24)

3 Del. Admin. Code § 1002-2.0 Eligibility Criteria for Health Coverage

2.1 The Board will pay from the Fund for health coverage for active jockeys who regularly ride in Delaware, eligible retired jockeys, and disabled Delaware jockeys.

2.1.1 An active Delaware jockey, who regularly rides in Delaware, is eligible for health insurance coverage under the Fund, if the jockey had 75 mounts in a Delaware Park season at Delaware Park. An active Delaware jockey who did not ride the qualifying number of mounts during a Delaware Park season due to circumstances beyond the control of the jockey may petition the Delaware Jockey's Health and Welfare Benefit Board for eligibility. The Delaware Jockey's Health and Welfare Benefit Board shall review the petition, and if in the discretion of the Board the circumstances warrant, may grant eligibility.

2.1.2 A retired Delaware jockey is eligible for health insurance coverage under the Fund if:

2.1.2.1 The jockey was receiving health insurance coverage as a retired jockey provided by the Delaware Jockey’s Health and Welfare Benefit Board health insurance plan on December 31, 2016; or

2.1.2.2 The jockey met the minimum mount requirements at Delaware Park during the regular Delaware Park season for at least 10 years.

2.1.2.3 The jockey is not licensed as a jockey in any racing jurisdiction.

2.1.3 A disabled Delaware jockey’s spouse and dependents qualify for health benefits if the disabled jockey meets all of the following requirements:

2.1.3.1 The jockey was an active participant in the Delaware Jockeys' Health and Welfare Fund benefit program at the time of the on-track accident that resulted in total and permanent disability; and

2.1.3.2 Be deemed permanently disabled by Social Security and qualify for Medicare as a result of an injury sustained during the regular Delaware Park season on the premises of Delaware Park, and arising in the course of his/her participation as a licensed jockey.

2.2 An active jockey, a retired jockey or an eligible disabled jockey’s family will be entitled to health coverage for 1 year beginning on the first day of the calendar year following the year the eligibility requirements have been met.

2.3 The Board will pay from the Fund for health coverage for the dependents of active jockeys who regularly ride in Delaware, eligible retired jockeys, and disabled Delaware jockeys. Eligibility for coverage for dependents will be determined by the company providing the insurance coverage.

2.4 The Fund shall provide benefits secondary to Medicare or Medicaid for any member or an enrolled dependent of a member, who is eligible for Medicare or Medicaid health benefits.

History

• 20 DE Reg. 890 (05/01/17)
• 9 DE Reg. 1749 (05/01/06)
• 13 DE Reg. 1536 (06/01/10)
• 15 DE Reg. 60 (07/01/11)
• 15 DE Reg. 1585 (05/01/12)
• 19 DE Reg. 33 (07/01/15)
• 20 DE Reg. 890 (05/01/17)
• 28 DE Reg. 381 (11/01/24)

1100 Weights and Measures

1101 Voluntary Registration Regulation

3 Del. Admin. Code § 1101 Voluntary Registration Regulation

1101 Voluntary Registration Regulation

Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices

Background

The Uniform Regulation covering the registration of servicepersons and service agencies was developed and adopted by the National Conference on Weights and Measures in 1966, retitled in 1983, and substantially revised in 1984. It is designed to promote uniformity among those jurisdictions that provide for or are contemplating the establishment of some type of control over the servicing of commercial weighing and measuring devices. It offers to a serviceperson or to a service agency the opportunity to register, and carries with it the privilege of restoring devices to service and of placing new or used devices in service. Two unique features of the registration plan are its voluntary nature and the provision for reciprocity. Registration is not required; however, the privileges gained make it attractive. Also, in order to provide maximum effectiveness of the program and to reduce to a minimum legal obstacles to service across State lines, provision is made for reciprocity in certification of standards and testing equipment among States.

Status of Promulgation

The table beginning on page 8 shows the status of adoption of the Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices.

*The National Conference on Weights and Measures is sponsored by the National Institute of Standards and Technology in partial implementation of its statutory responsibility for "cooperation with the States in securing uniformity in weights and measures laws and methods of inspection."

1.0 Policy

For the benefit of the users, manufacturers, and distributors of commercial weighing and measuring devices, it shall be the policy of the Director of Weights and Measures, hereinafter referred to as "Director," to accept registration of (a) an individual and (b) an agency providing acceptable evidence that he, she, or it is fully qualified by training or experience to install, service, repair, or recondition a commercial weighing or measuring device; has a thorough working knowledge of all appropriate weights and measures laws, orders, rules, and regulations; and has possession of or available for use, and will use calibrated weights and measures standards and testing equipment appropriate in design and adequate in amount. (An employee of government shall not be eligible for registration.)

The Director will check the qualifications of each applicant. It will be necessary for an applicant to have available sufficient standards and equipment (see section 5). It shall also be the policy of the Department to issue to qualified applicants, whose applications for registration are approved, a "Certificate of Registration." This gives authority to remove rejection seals and tags placed on Commercial and Law-Enforcement Weighing and Measuring Devices by authorized weights and measures officials, to place in service repaired devices that were rejected, or to place in service devices that have been newly installed.

The Director is NOT guaranteeing the work or fair dealing of a Registered Serviceperson or Service Agency. He will, however, remove from the registration list any Registered Serviceperson or Service Agency that performs unsatisfactory work or takes unfair advantage of a device owner.

Registration with the Director shall be on a voluntary basis. The Director shall reserve the right to limit or reject the application of any Serviceperson or Service Agency and to revoke his, her, or its permit to remove rejection seals or tags for good cause. This policy shall in no way preclude or limit the right and privilege of any individual or agency not registered with the Director to install, service, repair, or recondition a commercial weighing or measuring device (however, see section 7).

(Added 1966; Amended 1984)

2.0 Definitions

“Commercial and Law-Enforcement Weighing and Measuring Devices” -- The term "Commercial and Law-Enforcement Weighing and Measuring Device" shall be construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure. It shall also include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects the accuracy of the device. It also includes weighing and measuring equipment in official use for the enforcement of law or for the collection of statistical information by government agencies.

(Added 1966; Amended 1984)

“Registered Service Agency” -- The term "registered service agency" shall be construed to mean any agency, firm, company, or corporation that for hire, award, commission, or any other payment of any kind installs, services, repairs, or reconditions a commercial weighing or measuring device, and that voluntarily registers itself as such with the Director of Weights and Measures. Under agency registration, identification of individual servicepersons shall be required.

(Added 1966; Amended 1984)

“Registered Serviceperson” -- The term "registered serviceperson" shall be construed to mean any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device, and who voluntarily applies for registration with the Director of Weights and Measures.

(Added 1966)

3.0 Registration Fee

There shall be charged by the Director an annual fee of ($ ) per Registered Serviceperson and ($ ) per Registered Service Agency to cover costs at the time application for registration is made, and annually, thereafter.

(Added 1966; Amended 1984)

4.0 Voluntary Registration

An individual or agency qualified by training or experience may apply for registration to service weighing devices or measuring devices on an application form supplied by the Director. Said form, duly signed and witnessed, shall include certification by the applicant that the individual or agency is fully qualified to install, service, repair, or recondition whatever devices for the service of which competence is being registered; has in possession or available for use, and will use, all necessary testing equipment and standards; and has full knowledge of all appropriate weights and measures laws, orders, rules, and regulations. An applicant also shall submit appropriate evidence or references as to qualifications. Application for registration shall be voluntary, but the Director is authorized to reject or limit any application.

(Added 1966; Amended 1984)

5.0 Minimum Equipment

Applicants must have available sufficient standards and equipment to adequately test devices as set forth in the Notes section of each applicable code in NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices." When applicable, this equipment will meet the specifications of National Institute of Standards and Technology Handbook 105-1, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Weights (NIST Class F)," National Institute of Standards and Technology Handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Measuring Flask," or National Institute of Standards and Technology Handbook 105-3, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards." See also section 9.

(Added 1984)

6.0 Certificate of Registration

The Director will review and check the qualifications of each applicant. The Director shall issue to the applicant a "Certificate of Registration," including an assigned registration number if it is determined that the applicant is qualified. The "Certificate of Registration" will expire 1 year from the date of issuance.

(Added 1966; Amended 1984)

7.0 Privileges and Responsibilities of a Voluntary Registrant

A bearer of a Certificate of Registration shall have the authority to remove an official rejection tag or mark placed on a weighing or measuring device by the authority of the Director; place in service, until such time as an official examination can be made, a weighing or measuring device that has been officially rejected; and place in service, until such time as an official examination can be made, a new or used weighing or measuring device. The Registered Serviceperson or Service Agency is responsible for installing, repairing, and adjusting devices such that the devices are adjusted as closely as practicable to zero error.

(Added 1966; Amended 1984)

8.0 Placed in Service Report Section 10. Revocation of Certificate of Registration

The Director shall furnish each Registered Serviceperson and Registered Service Agency with a supply of report forms to be known as "Placed in Service Reports." Such a form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by a Registered Serviceperson or by a serviceperson representing Registered Agency for each rejected device restored to service and for each newly installed device placed in service. Within 24 hours after a device is restored to service, or placed in service, the original of the properly executed Placed in Service Report, together with any official rejection tag removed from the device, shall be mailed to the Director at (address) . The duplicate copy of the report shall be handed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the Registered Serviceperson or Agency.

(Added 1966)

9.0 Examination and Calibration or Certification of Standards and Testing Equipment

All standards that are used for servicing and testing weights and measures devices for which competence is registered, shall be submitted to the director for examination and certification at intervals determined by the director. A registered Serviceperson or Agency shall not use in servicing commercial weighing or measuring devices any standards or testing equipment that have not been certified by the Director. Equipment calibrated by another State weights and measures laboratory that can show evidence of measurement traceability to the National Institute of Standards and Technology will also be recognized as equipment that is suitable for use by Registered Servicepersons or Service Agencies in this State.

(Added 1966; Amended 1984 and 1999)

The Director is authorized to suspend or revoke a Certificate of Registration for good cause which shall include but not be limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing equipment, failure to adjust Commercial or Law-Enforcement Devices to comply with Handbook 44 subsequent to service or repair.

(Added 1966; Amended 1984)

10.0 Revocation of Certificate of Registration

The Director is authorized to suspend or revoke a Certificate of Registration for good cause which shall include but not be limited to: taking of unfair advantage of an owner of a device; failure to have test equipment or standards certified; failure to use adequate testing equipment, failure to adjust Commercial or Law-Enforcement Devices to comply with Handbook 44 subsequent to service or repair.

(Added 1966; Amended 1984)

11.0 Publication of Lists of Registered Service-persons and Registered Service Agencies

The Director shall publish, from time to time as he deems appropriate, and may supply upon request, lists of Registered Service-persons and Registered Service Agencies.

(Added 1966)

12.0 Effective Date

This regulation shall become effective on .

(Added 1966)

1200 Nutrient Management

1201 Nutrient Management Certification Regulations

3 Del. Admin. Code § 1201 Nutrient Management Certification Regulations

PREAMBLE

This regulation has been developed pursuant to 3 Del.C. Ch. 22. That statute established the Delaware Nutrient Management Commission and authorized the Commission to develop, review, approve, and enforce nutrient management regulations, including regulations governing the certification of persons who conduct certain activities that involve the generation or application of nutrients to lands or water, or who are involved in providing advice or consultation regarding such application of nutrients. This regulation was developed by the Commission and the Delaware Department of Agriculture. It is adopted with the guidance, advice, and consent of the Commission.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-1.0 Authority

This regulation is promulgated pursuant to the authority provided by 3 Del.C. §2221.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-2.0 Purpose

The purpose of this regulation is to establish certification requirements for certain generators or handlers of nutrients, or who engage in advising or consulting with others regarding the formulation, application, or scheduling of nutrients within the State of Delaware.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-3.0 Definitions

For purposes of this regulation, the following words or terms shall have the meanings as indicated:

"Animal feeding operation" or "AFO" means any area or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period.

"Animal Unit" means “Animal Unit” as defined by the United States Department of Agriculture Natural Resources Conservation Service, and is approximately 1,000 lbs. "average" live body weight.

"Applicant" means any person seeking a certificate from the Commission.

“Application area” means land under the control of a person, whether it is owned, licensed, or leased, which manure, litter or fertilizer may be applied.

"Applying", or any derivation of the word "apply", as it relates to the application of nutrients, means the human controlled mechanical conveyance of nutrients to land for the purpose of applying organic and/or inorganic nutrients.

“Certification" means the recognition by the Commission that a person has met the qualification standards established by the Commission and has been issued a written certificate authorizing such person to perform certain functions specified in these regulations.

"Commercial nutrient handler" means a person who applies organic or inorganic nutrients to lands or waters in the State as a component of a commercial or agricultural business in exchange for a fee or service charge.

"Commercial processor" means any individual, partnership, corporation, association or other business unit that controls, through contracts, vertical integration or other means, several stages of production and marketing of any agricultural commodity.

"Commission" or "DNMC" means the Delaware Nutrient Management Commission.

"Credit" means a unit of measuring education for certification as defined by the Commission and is dependent upon such factors as curricula intensity and class time.

"Direct supervision" means actions by a person who is certified with the State Nutrient Management Program and directs individuals within the same organization/company in applying nutrients. Direct supervisors hold responsibility for nutrient application actions for those under his/her supervision.

“Fertilizer” means any synthetic or carbon based substance that is added to the soil to supply 1 or more plant nutrients.

“Frozen” means frozen ground and is the top 2 inches of surface area receiving nutrients where the moisture has changed to ice for a period of 72 consecutive hours or a condition where any ice formation below the 2-inch zone restricts the natural flow of moisture through the soil profile.

“Manure” means fecal and urinary defecations of livestock and poultry; may include but is not limited to spilled feed, bedding, soil, and compost if commingled with manure.

"Nutrient consultant" means a person who is engaged in the activities of advising or consulting with another person who is required to have a certificate under these regulations, regarding the formulation, application, or scheduling of organic or inorganic nutrients within the State. Provided, however, any employee of any federal, State or local government agency or the University of Delaware, or other organization duly recognized by the Commission for such purpose, who provides advice or consultation in his/her capacity as such an employee, without compensation, shall not be deemed to be a nutrient consultant unless such advice and consultation constitutes a direct and substantial part of a nutrient management plan developed pursuant to these regulations.

"Nutrient generator" means a person who owns or operates a facility within the State that produces organic or inorganic nutrients.

"Nutrient Management Plan" or "plan" means a plan by a certified nutrient consultant to manage the amount, placement, timing, and application of nutrients in order to reduce nutrient loss or runoff and to maintain the productivity of soil when growing agricultural commodities and turfgrass.

“Nutrients" means nitrogen, nitrate, phosphorus, organic matter, and any other elements necessary for or helpful to plant growth.

"Person" means any individual, partnership, association, fiduciary, or corporation or any organized group of persons, whether incorporated or not.

"Private nutrient handler" means a person in the State who applies organic or inorganic nutrients to lands or waters he/she owns, leases, or otherwise controls.

“Production area” means that part of an AFO that includes the “animal confinement area”, the “manure storage area”, the raw materials storage area and the “waste containment areas”, egg washing or processing facility and any area used in the storage, handling, treatment or disposal of mortalities. The Production Area should be defined in the operation’s Nutrient Management Plan.

"Program Administrator" or "Nutrient Management Program Administrator" means the exempt employee of the Delaware Department of Agriculture who is responsible for the operation of the State Nutrient Management Program.

"Secretary" means the Secretary of the Delaware Department of Agriculture or the Secretary’s designee.

“State Nutrient Management Program" or "SNMP" means all the nutrient management program elements developed by the Commission, whether or not reduced to rules or regulations.

"State Technical Standards" means the practices and conduct required of individuals or entities overseen by the Nutrient Management Commission that were developed by a group of environmental scientists, agronomists, engineers, planners, agricultural operators, and policy makers from the Nutrient Management Commission, Department of Agriculture, the Department of Natural Resources and Environmental Control, the University of Delaware, USDA NRCS and the private sector. The Commission hereby adopts the State Technical Standards in their entirety by reference.

“Stockpiling” means the temporary location of manure piles in the production area for no more than 14 days unless the manure/litter is located under cover in an approved manure storage structure. Stockpiling must be conducted and positioned in accordance with State Technical Standards.

“Temporary field staging” means the location of manure for 90 days or less prior to its application within the application area and is considered a part of the application process. Temporary field staging criteria and performance standards are further described in State Technical Standards. In addition, staging must be performed in accordance with site specific nutrient management plans.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-4.0 Certification Categories And Activities Requiring Certification

4.1 No later than January 1, 2004, any person who engages in any of the following activities must have the applicable certificate or certificates required by and issued pursuant to this regulation, as follows:

4.1.1 Nutrient generator certification. A nutrient generator who owns or operates any animal feeding operation in excess of 8 animal units must have a nutrient generator certificate.

4.1.2 Private nutrient handler certification. A private nutrient handler who, on an annual basis, applies nutrients to 10 acres or greater of land or waters owned, leased, or otherwise controlled by such handler must have a private nutrient handler certificate.

4.1.3 Commercial nutrient handler certification. A commercial nutrient handler who, on an annual basis, applies nutrients to 10 acres or greater of land or waters of the state must have a commercial nutrient handler certificate.

4.1.4 Nutrient consultant certification. A nutrient consultant who is engaged in the provision of nutrient management advice or the formulation of a nutrient management plan or in nutrient management planning as it relates to the application or disposal of nutrients at or from a specific site in the State of Delaware must have a nutrient consultant certificate.

4.2 These certification requirements shall not apply to individuals who perform services under the direct supervision of a certified person, provided that the certified person assures that such individuals act in accordance with the standards or practices which the certified person would follow if such person performed the service. Nor shall the certification requirements of this section apply to persons who utilize a person certified under this regulation to conduct the activities identified in this section, provided that such persons do not engage in any of the activities themselves and the certified person is certified at the time the activities are undertaken.

4.3 Conditional certifications may be issued for any reason specified by the Commission and shall be issued for periods not to exceed 1 year.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-5.0 Certification Requirements

5.1 Any person who seeks a certification shall file with the Commission an application on a form provided by the Commission, along with the application fee. The minimum requirements for the certifications follow.

5.2 Nutrient generator certificates. To obtain a nutrient generator certificate, the applicant must take and successfully complete at least 6 credits of educational course work as approved by the Commission or Program Administrator. Proof of such completion of course work shall be submitted with the application.

5.3 Private nutrient handler. To obtain a private nutrient handler certificate, the applicant must take and successfully complete at least 9 credits of educational course work as approved by the Commission or Program Administrator. Proof of such completion of course work shall be submitted with the application.

5.4 Commercial nutrient handler. To obtain a commercial nutrient handler certificate the following criteria must be satisfied:

5.4.1 The applicant must take and successfully complete at least 12 credits of educational course work as approved by the Commission or Program Administrator. Proof of such completion of course work shall be submitted with the application.

5.4.2 The applicant must pass a written test approved by the Commission.

5.5 Nutrient consultant. To obtain a nutrient consultant certificate the following criteria must be satisfied:

5.5.1 The applicant must take and successfully complete at least 12 credits of educational course work as approved by the Commission or Program Administrator. Proof of such completion of course work shall be submitted with the application.

5.5.2 The applicant must pass a written test approved by the Commission.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-6.0 Nutrient Handling Requirements

6.1 As required by 3 Del.C. §2201 et.al, nitrogen and phosphorus fertilizers shall be applied according to an approved nutrient management plan.

6.2 For land areas not required to have a nutrient management plan, applications of nitrogen and phosphorus fertilizers by anyone holding a commercial nutrient handler or nutrient consultant certification, or anyone required to be certified at said level pursuant to 3 Del.C. §2242 and Section 4.0 herein, are prohibited when 1 of the following conditions exist:

6.2.1 The surface area of application is impervious such as sidewalks, roads and other paved areas and the misdirected fertilizer is not removed on the same day of application;

6.2.2 The surface area is covered by snow or frozen; or

6.2.3 The date of application is between December 7 and February 15.

6.3 Nutrient Storage and Staging Requirements

6.3.1 For any person required to develop and implement a nutrient management plan and who stores, handles, or stages any manure in any area that may be exposed to rainfall, the following requirements must be met.

6.3.2 Any outdoor storage of manure within the production areas, or staging within the application areas must be the result of exhausting manure storage structure space available by the nutrient generator or nutrient applicator of such manure. Stockpiling must be performed in accordance with State Technical Standards.

6.3.3 Any outdoor stockpiling of poultry manure within the production area or any area other than the application area will be limited to 14 days without a cover.

6.3.4 Any outdoor temporary field staging of poultry manure within the application area will be limited to 90 days. Authorization for exceeding the 90 day time period may be granted on a case by case situation if approved by the nutrient consultant and reported to the nutrient management program administrator. Please refer to State Technical Standards.

6.3.5 In order to prevent discharges of pollutants to surface waters, any outdoor staging of poultry manure within the application area shall be handled according to the following:

6.3.5.1 The manure must be at least 6 feet high and in a conical cross section shape; and

6.3.5.2 Poultry litter manure shall not consist of more than 5% crust out material; and

6.3.5.3 The selection of the staging site must consider the highest, most practical site possible and shall not use the same site more than once every 2 years (unless allowable under conditions as described in the State Technical Standards). Refer to State Technical Standards; and

6.3.5.4 The staging site must be located at least 100 feet from a public road, 100 feet from any surface water and 200 feet from any residence not located on the property; and

6.3.5.5 The staging site must be at least 200 feet from a domestic well and 300 feet from a public water supply well; and

6.3.5.6 Post litter removal treatment must include the removal of all litter and the top 1-2 inches of topsoil if the topsoil is co-mingled with the litter to prevent nutrient loads; and

6.3.5.7 A production crop or vegetative cover crop must be established and maintained at the staging site as soon as practical following post removal treatment.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-7.0 Reciprocity

7.1 Notwithstanding the requirements of Section 5.0 of this regulation, any person may obtain a certificate under this regulation if all the following requirements are satisfied.

7.2 The applicant must submit an application for the applicable certificate on a form provided by the Commission, along with the application fee.

7.3 The applicant must have a valid certificate or equivalent authorization, such as a license for the certificated activity, from another state or organization that requires qualifications at least as rigorous as those required under these regulations and approved by the Commission.

7.4 The applicant must pass a test approved by the Commission related to specific Delaware nutrient management requirements. The Commission may in its sole discretion waive this test requirement.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-8.0 Continuing Education

8.1 After a certificate is issued, the certificate holder must take and successfully complete continuing education courses approved by the Commission or Program Administrator in accordance with the following:

8.1.1 Nutrient generator. 6 credits of continuing education in each 3-year period following the issuance of the certification.

8.1.2 Private nutrient handlers. 6 credits of continuing education in each 3-year period following the issuance of the certification.

8.1.3 Commercial nutrient handlers. 6 credits of continuing education in each 3-year period following the issuance of the certification.

8.1.4 Nutrient consultants. 5 credits of continuing education each year following the issuance of the certification.

8.2 If a certificate holder in any category earns more than the required number of credits during the applicable renewal period, any excess hours may be applied to the next renewal period.

8.3 Failure to satisfy the continuing education requirements may result in the revocation of a certificate or non-renewal of the certificate.

8.4 Any dispute regarding continuing education credits may be directed to the Commission which will determine whether a hearing is necessary to resolve the dispute.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-9.0 Duration Of Certificates And Certification Fees

9.1 Certificates normally will be issued and renewed for periods of 3 years for nutrient generators, private nutrient handlers, and commercial nutrient handlers. Certified nutrient consultants will be issued and renewed certifications annually.

9.2 Certificate fees are due with the application. The fee for a 1-year certificate issued to nutrient consultants shall be $100. The certificate fee for commercial nutrient handlers for a 3-year certificate shall be $150. The Commission reserves the right to waive these fees for good cause shown.

9.3 No fee will be charged for certification of a nutrient generator or a private nutrient handler.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-10.0 Suspensions, Modifications, And Revocations

The Commission may, after notice and opportunity for hearing, suspend, modify, or revoke any certificate where the Commission has reasonable grounds to believe that the certificate holder is responsible for violations of the nutrient management statute (Title 3, Chapter 22, of the Delaware Code) or Commission regulations. The Commission shall furnish the person accused of a violation with notice of the time and place of the hearing, which notice shall be served personally or by registered mail directly to such person's place of business or last known address with postage fully paid no sooner than 10 days but within 21 days of the time fixed for the hearing.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-11.0 Appeals To The Secretary

All decisions of the Commission under this regulation shall be final and conclusive unless appealed to the Secretary pursuant to Section 2263 of Title 3 of the Delaware Code. Provided, however, that the denial of a certificate pursuant to Sections 2243 or 2245 of Title 3 of the Delaware Code shall first be appealed to the Commission which shall hold a hearing.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

3 Del. Admin. Code § 1201-12.0 Record Keeping

12.1 Nutrient generators shall record and keep the following available for inspection by the Secretary or the Commission:

12.1.1 A contemporaneously recorded log that contains the dates, approximate quantities, locations, and disposition (stored, shipped, etc.) of nutrients that are applied to land or transported from land owned, leased or otherwise controlled by the nutrient generator.

12.1.2 A copy of any applicable nutrient management plan.

12.2 Private nutrient handlers shall record and keep the following available for inspection by the Secretary or the Commission:

12.2.1 A contemporaneously recorded log showing the dates, locations, approximate quantities, acreage and methods of nutrient application.

12.2.2 A copy of any applicable nutrient management plan.

12.3 Commercial nutrient handlers shall prepare and keep available for inspection by the Secretary or the Commission, a contemporaneously recorded log showing the dates, locations, approximate quantities, acreage, and methods of nutrient application.

12.4 Nutrient consultants shall prepare and/or keep available for inspection by the Secretary or the Commission, copies of any written materials prepared by the nutrient consultants or at their direction that establish how nutrients are to be managed at specific sites within Delaware, such as nutrient management plans.

12.5 The information required in this section shall be kept and maintained for a period of 6 years.

History

• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 28 DE Reg. 384 (11/01/24)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 10 DE Reg. 1794 (06/01/07)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)
• 4 DE Reg. 1117 (01/01/01)
• 9 DE Reg. 966 (12/01/05)
• 10 DE Reg. 1794 (06/01/07)
• 14 DE Reg. 645 (01/01/11)
• 17 DE Reg. 317 (09/01/13)
• 21 DE Reg. 623 (02/01/18)
• 23 DE Reg. 851 (04/01/20)
• 28 DE Reg. 384 (11/01/24)

1202 Regulations Governing the Processing of Complaints of Violations

3 Del. Admin. Code § 1202 Regulations Governing the Processing of Complaints of Violations

1200 Nutrient Management

1202 Regulations Governing the Processing of Complaints of Violations

PREAMBLE

These regulations have been developed pursuant to 3 Del.C. Ch. 22. That statute established the Delaware Nutrient Management Commission and authorized the Commission to develop, review, approve, and enforce nutrient management regulations, including regulations governing the investigation and resolution of complaints concerning alleged violations of the statute or regulations. These regulations were developed by the Commission and the Delaware Department of Agriculture. They are adopted with the guidance, advice, and consent of the Commission.

1.0 Authority

1.1 These regulations are promulgated pursuant to the authority provided by 3 Del.C. §2221 and 2260, Ch. 22.

2.0 Purpose

2.1 These regulations establish processes for the filing, investigation, and resolution of complaints against any person who allegedly has violated the Nutrient Management Law, 3 Del.C. Ch. 22, or regulations promulgated pursuant thereto.

3.0 Definitions

3.1 For purposes of these regulations, the following words or terms shall have the meanings as indicated:

“Administrator," "Program Administrator," or "Nutrient Management Program Administrator" means the exempt employee of the Delaware Department of Agriculture who is responsible for the operation of the State Nutrient Management Program, or his or her designee.

"Certificate" means recognition by the Commission that a person has met the qualification standards established by the Commission and has been issued a written certificate authorizing such person to perform certain functions specified in regulations adopted by the Department of Agriculture with the Commission's approval.

"Chairman" means the Chairman of the Delaware Nutrient Management Commission.

"Commission" means the Delaware Nutrient Management Commission.

“Person" means any individual, partnership, association, fiduciary, or corporation or any organized group of persons, whether incorporated or not.

4.0 Complaints And Investigations

4.1 Any person wishing to file a complaint with the Commission against any person regarding an alleged violation of the Nutrient Management Law, or any regulation promulgated pursuant thereto, shall direct such complaint to the Nutrient Management Program Administrator.

4.2 Complaints must be in writing and include at least the following information:

4.2.1 name of complainant;

4.2.2 information on how the Administrator may contact the complainant; and

4.2.3 sufficient information to identify the location of the alleged violation, the nature thereof, and any other material fact known to the complainant that supports the complaint.

4.3 The Commission and the Administrator shall not investigate or respond to anonymous complaints, and, when requested, shall keep confidential the identity of complainants.

4.4 The Administrator shall provide the members of the Commission with a copy of any complaint that complies with the above section 2 requirements as soon as practicable, but no later than within 14 days of receipt of the complaint. A copy of any complaint that does not comply with the section 2 requirements shall, if possible, be returned to the complainant with an explanation of how the complaint is deficient.

4.5 Unless otherwise directed by the Chairman or the Commission, the Administrator shall conduct an investigation sufficient to determine if the complaint appears to have any merit and whether there is a possible means of resolving it. If the Administrator determines that the complaint may be meritorious, the alleged violator(s) shall be informed of the complaint and provided an opportunity to respond.

4.6 The Administrator shall prepare a report and present it to the Commission that relates his/her investigative findings and recommendations.

4.7 If the Administrator's report indicates that the complaint appears not to have any merit or that for any other reason enforcement action is not warranted, the Commission may dismiss the complaint.

4.8 If the report indicates that a resolution has been tentatively agreed to by the alleged violator(s) and the Administrator, the Commission may authorize approval of the resolution, pursue another acceptable resolution, or hold a hearing on the complaint.

4.9 The dismissal of a complaint or any other resolution approved by the Commission without holding a hearing shall take place at a public meeting of the Commission and before any complaint is dismissed or any resolution is approved by the Commission, any interested person shall be provided an opportunity to explain to the Commission why such action should not be taken or why a hearing should be held.

5.0 Hearings

5.1 A hearing shall be held on any complaint if it is requested by an interested party or the Commission determines in its sole discretion to hold a hearing.

5.2 Requests for a hearing may be made at any time before the Commission authorizes a disposition of the case without a hearing.

5.3 Any request for a hearing shall be in writing, unless made at the Commission meeting at which the case disposition is considered, and shall include a statement of how the person requesting the hearing may be affected by the resolution of the case.

5.4 The Commission shall send not less than 10 days written notice of any hearing to the alleged violator(s) and any other person who has requested notification.

5.5 All hearings shall be conducted by the Commission. Interested persons shall be provided an opportunity to present relevant evidence that is not unduly repetitive. Formal rules of evidence need not be observed within the discretion of the Commission.

5.6 A record of the hearing shall be kept by the Commission until all appeal periods are exhausted and shall include all the evidence presented to the Commission.

5.7 The Commission's decision shall recite:

5.7.1 its findings of fact;

5.7.2 the manner in which the Commission construed the law and applied it to the facts;

5.7.3 any remunerative action a violator must take or has taken;

5.7.4 any fine a violator must pay pursuant to Department regulations and a reference to the applicable regulations; and

5.7.5 any revocation, suspension or modification to any certificate that has occurred.

5.8 Any decision of the Commission made pursuant to PART E shall be final and conclusive unless a party to such hearing shall appeal the decision within 15 days of receipt of notice thereof.

6.0 Effective Date

These regulations shall become effective on January 10, 2001

4 DE Reg. 1121 (1/1/01)

1203 Mandatory Nutrient Management Plan Reporting Implementation Regulations

3 Del. Admin. Code § 1203 Mandatory Nutrient Management Plan Reporting Implementation Regulations

1200 Nutrient Management

1203 Mandatory Nutrient Management Plan Reporting Implementation Regulations

Developed with the Guidance, Advice and Consent of

The Delaware Nutrient Management Commission

PREAMBLE

These regulations have been developed pursuant to 3 Del.C. Ch. 22 [72 Del. Laws, c. 60]. That statute established the Delaware Nutrient Management Commission and authorized the Commission to develop, review, approve, and enforce nutrient management regulations, including regulations governing a nutrient management planning program and the development of nutrient management plans. These regulations were developed by the Commission and the Delaware Department of Agriculture. They are adopted with the guidance, advice, and consent of the Commission.

1.0 Authority

1.1 These regulations are promulgated pursuant to the authority provided by 3 Del.C., Ch. 22, §§2220 and 2221.

2.0 Purpose

2.1 The purpose of these regulations is to establish requirements for implementation of mandatory nutrient management plan reporting pursuant to Section 5, 72 Del. Laws, c. 60.

3.0 Registration Requirement For Persons Selected For Mandatory Nutrient Management Plan Reporting Pursuant To Section 5, 72 Del. Laws, c. 60.

3.1 Persons notified that they have been selected by the Commission to be phased into the nutrient management planning program and mandatory nutrient management plan reporting (pursuant to Section 5, 72 Del. Laws, c. 60) shall register with the Commission within thirty (30) days of receiving such notice. Registration shall be made in writing, by completing and submitting, to the Nutrient Management Program Administrator, a registration form approved by the Commission.

3.2 Failure to register within the required period shall subject the person(s) failing to respond to the penalty provisions of 3 Del.C., Ch. 22.

3.3 If the Commission sends such notification by registered mail, the return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the person(s) or the latter’s agent; and the notation of refusal shall constitute presumptive evidence that the refusal was by the person(s) or the latter’s agent.

7 DE Reg. 160 (8/1/03)

4.0 Requirement for Nutrient Management Plan and/or Animal Waste Management Plan in accordance with standards outlined in 3 Del.C. §2290 et. al. by January 1, 2007.

4.1 All animal feeding operations with greater than 8 animal units or any person who owns, leases or otherwise controls property in excess of 10 acres upon which nutrients are applied shall develop and implement a nutrient management plan and/or an animal waste management plan in accordance with the standards outlined in 3 Del.C. §2200 et al. by January 1, 2007.

4.2 Any animal feeding operation or person requiring a nutrient management plan and/or an animal waste management plan after January 1, 2007, shall have 180 days from the date the property owner or manager assumes control of the animal feeding operation with greater than 8 animal units or owns, leases or otherwise controls property in excess of 10 acres upon which nutrients are applied to develop and implement a nutrient management plan and/or an animal waste management plan.

4.3 Non-compliance with the nutrient management statute and regulations may result in an enforcement action and the imposition of fines and penalties as set forth in the Nutrient Management Law (3 Del.C. §2280, et. al).

7DE Reg. 160 (08/01/03)

10 DE Reg. 1794 (06/01/07)

1204 Nutrient Management Turf Specific Regulations

3 Del. Admin. Code § 1204-1.0 PREAMBLE

This regulation has been developed pursuant to 3 Del.C. Ch. 22. That statute established the Delaware Nutrient Management Commission and authorized the Commission to develop, review, approve, and enforce nutrient management regulations, including regulations governing the application of nutrients to turf. This regulation was developed by the Commission and the Delaware Department of Agriculture. It is adopted with the guidance, advice, and consent of the Commission.

History

• 28 DE Reg. 806 (05/01/25)

3 Del. Admin. Code § 1204-2.0 Authority

This regulation is promulgated pursuant to the authority provided by 3 Del.C. §§2201(5), 2220(a), and 2250(a).

History

• 28 DE Reg. 806 (05/01/25)

3 Del. Admin. Code § 1204-3.0 Purpose

The purpose of this regulation is to establish requirements for nutrient applications, record keeping, and enforcement pertaining to turf pursuant to 3 Del.C. §2250.

History

• 28 DE Reg. 806 (05/01/25)

3 Del. Admin. Code § 1204-4.0 Definitions

For purposes of this regulation, the following words or terms shall have the following meaning:

"Applying", or any derivation of the word "apply", as it relates to the application of nutrients, means the human controlled mechanical conveyance of nutrients to land for the purpose of applying organic or inorganic nutrients.

"Certification" means the recognition by the Commission that a person has met the qualification standards established by the Commission and has been issued a written certificate authorizing such person to perform certain functions specified in this regulation.

"Commercial nutrient handler" means a person in this State who applies, uses, or supervises the application of organic or inorganic nutrients to turf or land as a component of a commercial or agricultural business in exchange for a fee or service charge.

"Commission" or "DNMC" means the Delaware Nutrient Management Commission.

"Enhanced efficiency fertilizer" means a fertilizer product that increases plant uptake and decreases the potential of nutrient loss to the environment, including gaseous loss, leaching, or runoff, when compared to an appropriate reference fertilizer product.

"Person" means any individual, partnership, association, fiduciary, or corporation or any organized group of persons, whether incorporated or not.

"State Nutrient Management Program" or "SNMP" means all the nutrient management program elements developed by the Commission, whether or not reduced to rules or regulations.

"Turf" means residential, commercial, and publicly owned lands planted in closely mowed and managed grass. Turf does not include athletic fields, golf courses, residential lots less than 1/4 acre (10,890 square feet) in size, or land used in the production for sale of sod or seed.

"Waterways" means all tidal waters (up to the mean high water line) as well as all non-tidal rivers, streams, lakes, ponds, bays, and inlets (up to the ordinary high water line).

"Wetlands" means those lands above the mean low water elevation including any bank, marsh, swamp, meadow, flat, or other low land subject to tidal action in the State of Delaware along the Delaware Bay and Delaware River, Indian River Bay, Rehoboth Bay, Little and Big Assawoman Bays, the coastal inland waterways, or along any inlet, estuary, or tributary waterway or any portion of those waterways, including those areas which are now or in this century have been connected to tidal waters, whose surface is at or below an elevation of 2 feet above local mean high water, and upon which may grow or is capable of growing any of the following plants:

Eelgrass (Zostera marina), Widgeon Grass (Ruppia maritima), Sago Pondweed (Potamogeton pectinatus), Saltmarsh Cordgrass (Spartina alterniflora), Saltmarsh Grass (Spartina cynosuroides), Saltmarsh Hay (Spartina patens), Spike Grass (Distichlis spicata), Black Grass (Juncus gerardii), Switch Grass (Panicum virgatum), Three Square Rush (Scirpus americanus), Sea Lavender (Limonium carolinianum), Seaside Goldenrod (Solidago sempervirens), Seablite (Suaeda maritima), Seablite (Suaeda lineraris), Perennial Glasswort (Salicornia virginica), Dwarf Glasswort (Salicornia Bigelovii), Samphire (Salicornia europaea), Marsh Aster (Aster Tenuifolius), Saltmarsh Fleabane (Pluchea purpurascens var. succulenta), Mock Bishop's Weed (Ptilimnium capillaceum), Seaside Plantain (Plantago oliganthus), Orach (Atriplex patula var. hastata), Marsh Elder (Iva frutescens var. oraria), Groundsel Bush (Baccharis halimifolia), Bladderwrack (Fucus vesiculosus), Swamp Rose Mallow, Seaside Hollyhock or Marsh Mallow (Hibiscus palustris), Torrey Rush (Scirpus torreyi), Narrow-leaved Cattail (Typha angustifolia), and Broad-leaved Cattail (T. latifolia) and those lands not used for agricultural purposes in 1973, containing 400 acres or more of contiguous non-tidal swamp, bog, muck, or marsh exclusive of narrow stream valleys and tax ditches where fresh water stands most, if not all of the time due to high water table, which contribute significantly to ground water recharge, and which would require intensive artificial drainage using equipment such as pumping stations, drain fields or ditches for the production of agricultural crops.

History

• 28 DE Reg. 806 (05/01/25)

3 Del. Admin. Code § 1204-5.0 Certification Requirements

Any person who applies, uses, or supervises the application of organic or inorganic nutrients to turf or land as a component of a commercial or agricultural business in exchange for a fee or service charge on or after January 1, 2027 must first be certified by the SNMP as a commercial nutrient handler.

History

• 28 DE Reg. 806 (05/01/25)

3 Del. Admin. Code § 1204-6.0 Nutrient Handling Requirements

6.1 As required by Title 3, Chapter 22, nitrogen and phosphorus applied to turf in excess of ¼ acre (10,890 square feet) shall be applied according to the following, unless covered by a nutrient management plan as defined in 3 Del.C. §2202(15):

6.1.1 Nitrogen applications shall not exceed 3.0 pounds per 1,000 square feet per annum or 1.0 pounds per 1,000 square feet per application unless:

6.1.1.1 Enhanced efficiency fertilizers account for less than 70% of application products for a maximum of 3.5 pounds per 1,000 square feet per annum or 1.0 pounds per 1,000 square feet per application.

6.1.1.2 Enhanced efficiency fertilizers account for more than 70% of application products for a maximum of 4.0 pounds per 1,000 square feet per annum or 1.0 pounds per 1,000 square feet per application.

6.1.2 Phosphorus applications may only be applied if a soil test shows a phosphorus fertility index value under 100. The test must be taken for each new customer and annually in the 12-month period phosphorous will be applied.

6.2 Setbacks

6.2.1 No nitrogen or phosphorus should be applied to impervious surfaces. Products that land on impervious surfaces must be swept back into the lawn or otherwise removed and properly disposed.

6.2.2 No nitrogen or phosphorus may be applied within 15 feet of waterways or wetlands, unless using drop spreader, rotary spreader with deflector shield, or targeted spray, then may reduce setback to 10 feet.

History

• 28 DE Reg. 806 (05/01/25)

3 Del. Admin. Code § 1204-7.0 Record Keeping

7.1 Commercial Nutrient Handlers applying nitrogen or phosphorus to turf shall record and keep a contemporaneously recorded log available for inspection at all times by the Secretary of the Delaware Department of Agriculture or the Secretary's designee, or the Commission.

7.2 The log must include:

7.2.1 Name of applicator;

7.2.2 Size of area fertilized;

7.2.3 Date of application;

7.2.4 Address and location of client;

7.2.5 Rate of application;

7.2.6 Total amount of fertilizer used per application;

7.2.7 Analysis of fertilizer product used; and

7.2.8 Original or legible copy of the fertilizer label.

History

• 28 DE Reg. 806 (05/01/25)

3 Del. Admin. Code § 1204-8.0 Penalties

8.1 Non-compliance with this regulation may result in an enforcement action, including imposition of fines, as described:

8.1.1 First offense of non-compliance will result in education and opportunity to correct.

8.1.2 Second offense of non-compliance will result in a monetary penalty of $500.

8.1.3 Third offense of non-compliance will result in a monetary penalty of $1000.

8.1.4 Certification suspension to be determined through hearing by the Commission.

History

• 28 DE Reg. 806 (05/01/25)