Delaware Code Title 3 Sec. 8711 – Additional prohibited acts
(a) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.
Terms Used In Delaware Code Title 3 Sec. 8711
- Label: includes display of written, printed, or graphic matter upon any article or the immediate container (not including package liners) of any article. See Delaware Code Title 3 Sec. 8703
- Official certificate: means any certificate prescribed by regulations of the Secretary for issuance by an inspector or other person performing official functions under this chapter. See Delaware Code Title 3 Sec. 8703
- Official device: means any device prescribed or authorized by the Secretary for use in applying any official mark. See Delaware Code Title 3 Sec. 8703
- Official mark: means the official inspection legend or any other symbol prescribed by regulations of the Secretary to identify the status of any article or livestock or poultry under this chapter. See Delaware Code Title 3 Sec. 8703
- Person: includes any individual, partnership, corporation, association, or other business unit, and any officer, agent or employee thereof. See Delaware Code Title 3 Sec. 8703
- Secretary: means the Secretary of Agriculture or the Secretary's delegate. See Delaware Code Title 3 Sec. 8703
(b) No person shall:
(1) Forge any official device, mark, or certificate;
(2) Without authorization from the Secretary use any official device, mark or certificate, or simulation thereof, or alter, detach, deface or destroy any official device, mark or certificate;
(3) Contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface or destroy any official device, mark or certificate;
(4) Knowingly possess, without promptly notifying the Secretary or the Secretary’s representative, any official device or any counterfeit, simulated, forged or improperly altered official certificate or any device or label or any carcass of any animal (including poultry), or part or product thereof, bearing any counterfeit, simulated, forged or improperly altered official mark;
(5) Knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or
(6) Knowingly represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has not been so inspected and passed, or exempted.
3 Del. C. 1953, § ?8708; 57 Del. Laws, c. 500, § ?1; 57 Del. Laws, c. 764, § ?28; 70 Del. Laws, c. 186, § ?1;