(a) The duty of enforcing this chapter and carrying out its provisions and requirements is vested in the Department, who may act through its authorized agents:
(1) To sample, inspect, make analysis of, and test seeds subject to this chapter that are transported, sold or offered or exposed for sale within the State for sowing purposes, at such time and place and to such extent as it may deem necessary to determine whether the seeds are in compliance with this chapter, and to notify promptly the person who sold, offered or exposed the seed for sale and, if appropriate, the person who labeled or transported the seed of any violation, stop sale order, or seizure;
(2) To prescribe, amend, adopt and publish after public hearing following due public notice:
a. Rules and regulations governing the method of sampling, inspecting, analyzing, testing and examining seeds subject to this chapter and the tolerances to be used and such other rules and regulations necessary to secure efficient enforcement of this chapter;
b. Prohibited and restricted noxious weed seed deletions or additions;
c. Rules and regulations establishing reasonable standards on germination for vegetable seeds and flower seeds;
d. Rules and regulations for labeling flower seeds in respect to kind and variety or type and performance characteristics as required by § 1502 of this title;
e. A list of the kinds of flower seeds subject to the flower seed germination labeling requirements of § 1502 of this title;
f. A list of the tree and shrub seed species subject to germination labeling requirements of § 1503(2)g. of this title.
Terms Used In Delaware Code Title 3 Sec. 1507
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this State. See Delaware Code Title 7 Sec. 4110
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Kind: means 1 or more related species or subspecies which singly or collectively is known by 1 common name, for example, corn, oats, alfalfa and timothy. See Delaware Code Title 7 Sec. 4110
- Labeling: includes all labels, and other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices. See Delaware Code Title 7 Sec. 4110
- Lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See Delaware Code Title 7 Sec. 4110
- Person: includes any individual, partnership, corporation, company, society or association. See Delaware Code Title 7 Sec. 4110
- Seizure: means a legal process carried out by court order against a definite amount of seed. See Delaware Code Title 7 Sec. 4110
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 6 Sec. 4307
- Stop sale: means an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed. See Delaware Code Title 7 Sec. 4110
- Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Delaware Code Title 7 Sec. 4110
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 6 Sec. 4307
- Variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind. See Delaware Code Title 7 Sec. 4110
- Vegetable seeds: includes the seeds of those crops which are grown in gardens or truck farms and are generally known and sold under the name of vegetable seeds in this State. See Delaware Code Title 7 Sec. 4110
(b) Further, for the purpose of carrying out this chapter, the Department, through its authorized agents, is authorized:
(1) To enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected subject to this chapter and rules and regulations thereunder, and any truck or other conveyor by land, water or air at any time when the conveyor is accessible, for the same purpose;
(2) To issue and enforce a written or printed “stop sale” order to the owner or custodian of any lot of seed subject to the provisions of this chapter which the Department finds is in violation of this chapter or rules and regulations promulgated thereunder, which order shall prohibit further sale, processing and movement of such seed, except on approval of the enforcing officer, until such officer has evidence that the law has been complied with, and he has issued a release from the “stop sale” order, provided that in respect to seed which has been denied sale, processing and movement as provided in this paragraph, the owner or custodian shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, processing and movement in accordance with the findings of the court; and provided further, that this paragraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this chapter;
(3) To establish and maintain or make provisions for seed testing facilities, to employ qualified persons, and to incur such expenses as may be necessary to comply with the provisions;
(4) To make or provide for making purity and germination tests of seed for farmers and dealers on request; to prescribe rules and regulations governing such testing; and to fix and collect charges for the tests made. Any fees shall be transferred to the State Treasurer and paid into the General Fund of the State;
(5) To cooperate with the United States Department of Agriculture and other agencies in seed law enforcement;
(6) To publish the results of analysis, tests and examinations made under this chapter, together with any other information deemed advisable;
(7) To conduct the seed certification program for the State; to prescribe rules and regulations governing seed certification; to fix and collect fees for inspection, grading and certification. Any fees collected shall be transferred to the State Treasurer and credited to the special fund entitled “Department of Agriculture Inspection Fund” to aid in defraying the expenses of the seed certification program; and
(8) To collect royalty fees on patented varieties where a royalty agreement is in force.
36 Del. Laws, c. 96, §§ 4-6, 10; Code 1935, §§ 658-660, 664; 44 Del. Laws, c. 66, §§ 1, 7; 3 Del. C. 1953, § 1506; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; 61 Del. Laws, c. 245, §§ 1, 2; 68 Del. Laws, c. 269, § 1; 78 Del. Laws, c. 229, § 4.;