The bond referred to in this chapter shall be executed by the applicant and by a surety company authorized and qualified to do business in this State as surety in favor of the Secretary in his official capacity for the benefit of all producers with whom the applicant shall transact business, for the period that the license is in force. Such bond shall be upon a form prescribed or approved by the Department and shall be conditioned to secure the faithful accounting for payment to producers, agents or representatives, of all agricultural products purchased, handled or sold by the dealer. Any producer claiming to be injured by the nonpayment, fraud, deceit or negligence of any dealer may bring action therefor upon the bond against the principal or the surety, or both, by the filing of a verified complaint. Such verified complaint shall be upon a form prescribed or approved by the Secretary.
Terms Used In Delaware Code Title 3 Sec. 2505
- Agricultural products: means fruits and vegetables, and for the purpose of this chapter shall be construed to include, but not by way of limitation, apples, cabbage, cantaloupes, cucumbers, melons, potatoes, sweet corn and tomatoes. See Delaware Code Title 7 Sec. 4195
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dealer: means any person who solicits or receives any agricultural products from the producer or other supplier on consignment as a commission merchant, or who purchases agricultural products for resale at wholesale as a dealer, or who negotiates the purchase or sale of any agricultural product as a broker. See Delaware Code Title 7 Sec. 4195
- Department: means the Delaware Department of Agriculture. See Delaware Code Title 7 Sec. 4195
- Fraud: Intentional deception resulting in injury to another.
- Producer: means any person in this State who produces agricultural products. See Delaware Code Title 7 Sec. 4195
- Secretary: means the Secretary of the Delaware Department of Agriculture. See Delaware Code Title 7 Sec. 4195
- 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