Chapter 1. General Provisions
TITLE 3
Agriculture
Department of Agriculture
CHAPTER 1. GENERAL PROVISIONS
§ 101. Powers.
The Department of Agriculture may:
(1) Abate, suppress, eradicate and prevent, by such means as shall be prescribed and provided by law or by rule, order or regulation of the Department of Agriculture, the San Jose Scale, peach yellows, pear blight and all other contagious and infectious and injuriously dangerous diseases of fruit trees, plants, vegetables, cereals, horses, cattle, cultured aquatic stock and other farm animals;
(2) Devise and execute measures necessary for the development of the agricultural interests of the State;
(3) Make and adopt rules for the government of the Department of Agriculture, and may change, alter and modify the same from time to time, as the Department of Agriculture may wish, provided however, that no such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof;
(4) Employ and discharge such inspectors, officers, employees, agents and servants as in its opinion may be necessary to carry out the provisions of this title; provided, however, that the remuneration or wages to be paid to any such inspectors, officers, employees or agents in any year shall not, together with the other expenses of the Department of Agriculture, exceed the appropriation annually made to the Department of Agriculture by the General Assembly in and for that year;
(5) Make rules for the proper government of all inspectors, officers, employees, agents and servants who may be employed by the Department of Agriculture;
(6) Collect samples of foods, dairy and other feeds, and insecticides and have them analyzed by the State Chemist, and cooperate with the United States Department of Agriculture in enforcing the laws on these subjects as prescribed by the Congress of the United States;
(7) Compel all growers of fruit to stamp or mark the baskets, boxes, packages, crates, parcels or other receptacles used by them for the shipment of any fruit or fruits with the name or names of the growers, initial or initials, or with some distinguishing device or mark which may be readily and easily read and seen on the same, and the Department of Agriculture may adopt rules and regulations to carry this into effect;
(8) Exercise authority to make rules and regulations covering the possession, control, care and maintenance of ostriches, emus or rheas domesticated and confined for commercial farming purposes; specifically excluding ostriches, emus or rheas that are kept and maintained primarily for exhibition purposes; and
(9) Exercise authority to make rules and regulations covering the possession, control, care and maintenance of deer, elk, llamas, alpacas or any other species of the cervidae or camilid families domesticated and confined for commercial farming purposes. Members of these two families kept for exhibition purposes would not be exempt from these regulations.
21 Del. Laws, c. 216, §§ 3, 22; 22 Del. Laws, c. 101, § 1; 22 Del. Laws, c. 332, § 1; Code 1915, §§ 652, 668, 708H; 30 Del. Laws, c. 51, § 1; Code 1935, §§ 570, 586, 707; 3 Del. C. 1953, § 103; 57 Del. Laws, c. 784, § 1B; 67 Del. Laws, c. 344, § 1; 69 Del. Laws, c. 69, § 1; 69 Del. Laws, c. 103, § 1; 70 Del. Laws, c. 109, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 283, § 1.;
§ 102. Entry on lands.
In order to accomplish the purposes of this title, the Department of Agriculture, its officers, employees, agents and servants, may enter upon any public or private premises, parks or cemeteries, or upon any lands of any person within this State, for the purpose of inspecting, examining, destroying, treating or experimenting upon insects and diseases.
21 Del. Laws, c. 216, § 6; Code 1915, § 655; Code 1935, § 573; 3 Del. C. 1953, § 105; 57 Del. Laws, c. 764, § 1B.;
§ 103. Periodic examination.
The Department of Agriculture shall send at least one of its officers, agents or employees at least once a year into each county of the State, for the purpose of examining and determining thereby the healthfulness and general condition of the horticultural and agricultural interests.
Code 1935, § 574; 3 Del. C. 1953, § 106; 57 Del. Laws, c. 764, § 1B.;
§ 104. Failure to mark packages of fruit.
Whoever, being a grower of any fruits, neglects or fails, after 10 days' notice by the Department of Agriculture, to comply with any order, rule or regulation of the Department of Agriculture shall be fined $5.00.
21 Del. Laws, c. 216, § 22; 22 Del. Laws, c. 101, § 1; Code 1915, § 668; Code 1935, § 586; 3 Del. C. 1953, § 108; 57 Del. Laws, c. 764, § 1B; 77 Del. Laws, c. 359, § 1.;
§ 105. Appropriations for agricultural societies.
All moneys appropriated for the Delaware Crop Improvement Association, shall be payable only on warrants drawn by the Secretary of the Department of Agriculture. The Department of Agriculture shall examine into and verify all the items of expenditure proposed for any of such appropriations and nothing shall be paid out of any of such appropriations unless approved by the Department of Agriculture.
32 Del. Laws, c. 33, § 10; Code 1935, § 606; 3 Del. C. 1953, § 109; 57 Del. Laws, c. 764, § 1C; 70 Del. Laws, c. 283, § 2.;