Sections
Subchapter I General Provisions 3101 – 3109
Subchapter II Butterfat Content; Babcock Test 3111 – 3123
Subchapter III Standard Babcock Testing Equipment 3131 – 3134
Subchapter IV Containers for Dairy Products 3141 – 3148
Subchapter V Dealers’ and Handlers’ Bonds 3161 – 3174
Subchapter VI Fresh Milk 3175 – 3178

Terms Used In Delaware Code > Title 3 > Chapter 31

  • adult person: means a person of the age of 18 years or older. See Delaware Code Title 6 Sec. 4307
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agent of the department: means a person who acts on behalf of the Department to carry out its activities. See Delaware Code Title 7 Sec. 5307
  • Agreement: means an agreement entered into by the Secretary and one or more contracting parties for a project. See Delaware Code Title 7 Sec. 723
  • Aircraft: includes balloon, airplane, hydroplane and every other vehicle used for navigation through the air. See Delaware Code Title 6 Sec. 4337
  • Airperson: includes aviator, pilot, balloonist and every other person having any part in the operation of aircraft while in flight. See Delaware Code Title 6 Sec. 4337
  • Allegation: something that someone says happened.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Apiary: means any place where one or more colonies of honeybees are kept. See Delaware Code Title 7 Sec. 4702
  • Appliances: means any apparatus, tools, machine, or other device used in the handling of bees, honey, wax and hives, and includes smokers, veils, gloves, hive tools, extractors, as well as any container of bees, honey or wax which may be used in an apiary or in transporting bees and their products. See Delaware Code Title 7 Sec. 4702
  • Aquaculture: means the controlled propagation, growth, harvest and subsequent commerce in cultured aquatic stock by an aquaculturist. See Delaware Code Title 7 Sec. 783
  • Aquaculture facility: means any water system and associated infrastructures capable of holding and/or producing cultured aquatic stock. See Delaware Code Title 7 Sec. 783
  • Aquaculture registration: means the formal registration by application to the Department of Agriculture of an aquaculture facility by a person, partnership or corporation. See Delaware Code Title 7 Sec. 783
  • Arrest: Taking physical custody of a person by lawful authority.
  • At large: means livestock that strays from confinement or restraint and from the property of the owner including livestock that strays into a confined area that is owned by a person other than the owner of the livestock. See Delaware Code Title 7 Sec. 5307
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: shall mean the Transportation Authority. See Delaware Code Title 7 Sec. 514
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bee equipment: means hives, supers, frames, sections, wax foundation, wax, comb and honey. See Delaware Code Title 7 Sec. 4702
  • Bees: means any stage of development of the common honeybee, Apis Mellifera, or of any other bee species being transported into Delaware for any purpose. See Delaware Code Title 7 Sec. 4702
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the Board of Directors of the Fort DuPont Redevelopment and Preservation Corporation. See Delaware Code Title 7 Sec. 4732
  • Charter bus: means a motor vehicle having a passenger capacity of 16 persons or more, including the driver, which bus is used exclusively for hire or lease. See Delaware Code Title 7 Sec. 514
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Closed system: means an aquaculture facility with water discharge(s) that does not connect in any way to the waters of the State prior to the discharged water being screened, filtered or percolated to prevent cultured aquatic stock from escaping. See Delaware Code Title 7 Sec. 783
  • Colony: means the hive and its bees, comb and equipment. See Delaware Code Title 7 Sec. 4702
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contracting party: means any individual, corporation, partnership, company, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated association, body politic, authority or any other form of entity not specifically listed herein entering into an agreement with the Secretary for a project. See Delaware Code Title 7 Sec. 723
  • Corporation: means the Fort DuPont Redevelopment and Preservation Corporation to be established pursuant to § 4733 of this title. See Delaware Code Title 7 Sec. 4732
  • Council: means the Advisory Council of the Fort DuPont Redevelopment and Preservation Corporation. See Delaware Code Title 7 Sec. 4732
  • Cultured aquatic stock: means aquatic organisms, lawfully acquired by an aquaculturist that are held and grown in a registered aquaculture facility. See Delaware Code Title 7 Sec. 783
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Delaware Department of Transportation. See Delaware Code Title 7 Sec. 514
  • Department: means the Department of Transportation. See Delaware Code Title 7 Sec. 723
  • Department: means the Department of Transportation. See Delaware Code Title 7 Sec. 750
  • Department: means the Department of Agriculture. See Delaware Code Title 7 Sec. 783
  • Department: means the Department of Agriculture. See Delaware Code Title 7 Sec. 798
  • Department: means the State Department of Agriculture. See Delaware Code Title 7 Sec. 5301
  • Department: means the Department of Agriculture. See Delaware Code Title 7 Sec. 5307
  • Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 4732
  • Dependent: A person dependent for support upon another.
  • Digital network: means any online-enabled technology application service, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers. See Delaware Code Title 7 Sec. 572
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • District: means an area of a municipality or county, or both, that meets the criteria set forth in §§ 2103 and 2104 of this title. See Delaware Code Title 7 Sec. 750
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farebox recovery ratio: means the fraction of a transit system's operating expenses which are met by the fares paid by passengers. See Delaware Code Title 7 Sec. 750
  • Fee fishing: means removing cultured aquatic stock from a registered aquaculture facility in a sportsman-like manner for a payment of a fee. See Delaware Code Title 7 Sec. 783
  • Fee fishing operation: means a registered aquaculture facility where a person may fish for cultured aquatic stock. See Delaware Code Title 7 Sec. 783
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fort DuPont: means such real property, as well as such facilities, personal property, buildings, and fixtures located thereon, owned by the State along the Delaware River bounded by the Chesapeake and Delaware Canal on the south, and a branch canal, currently separating it from Delaware City, on the north, which includes the Fort DuPont State Park, the Governor Bacon Health Center, and surrounding lands, tax parcel numbers 1202300020, 1202300021, 1203000001, and 1203000002. See Delaware Code Title 7 Sec. 4732
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • freshwater: as used in this chapter or any regulation promulgated by the Department or permit issued by the Division or Director shall mean those waters in the State where the lunar tide does not regularly ebb and flow. See Delaware Code Title 7 Sec. 1102
  • freshwater fish: as used in this chapter shall mean any species of finfish that may be found in fresh or nontidal waters of this State. See Delaware Code Title 7 Sec. 1102
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hive: means frame hive, box hive, barrel, log gum, skep or any other container, or any part thereof, which may be used as a domicile for bees. See Delaware Code Title 7 Sec. 4702
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Inspector: means any qualified person who is appointed by the Department for the purpose of inspecting honeybee colonies. See Delaware Code Title 7 Sec. 4702
  • Isoperimetric quotient: means the ratio of the area of the District to the area of a circle with the same perimeter as the District. See Delaware Code Title 7 Sec. 750
  • Laser pointer: means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item or object. See Delaware Code Title 6 Sec. 4337
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Level of service: means a qualitative measure describing operational conditions within a traffic stream based on service measures such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, and convenience. See Delaware Code Title 7 Sec. 750
  • Limousine: is a self-propelled motor vehicle having a passenger capacity of 15 persons or less, including the driver, engaged in the transportation for hire of persons and their accompanying property over regular or irregular routes between 2 termini at least 1 of which is fixed and which motor vehicle is not equipped with a taxi meter as a means of computing the rate, fare or compensation to be charged for such transportation, but excluding, however, carpools, vanpools and public agency vehicles not operated as a commercial venture, and ambulances, vehicles used exclusively for the transportation of decedents and persons participating in funeral services, vehicles used solely to provide free transportation services for customers of the business establishment operating said vehicles and rental or leased vehicles which rental or lease does not include a driver; provided, however, that no motor vehicle excluded under this definition shall be used on a for-hire basis with a driver except as authorized by this chapter. See Delaware Code Title 7 Sec. 514
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means any cattle, sheep, swine, goats, horses, mules, other equines, poultry or cultured aquatic stock. See Delaware Code Title 7 Sec. 5301
  • Livestock: means domesticated species including: bovine, camelid, cervid, equine, swine, ruminants, ratites, rabbits, poultry, and other animals harvested for food, fiber, fur, or leather. See Delaware Code Title 7 Sec. 5307
  • Livestock dealer: means every recognized dealer engaged in the business of buying, selling or transporting livestock or operating a livestock auction or a livestock sales facility. See Delaware Code Title 7 Sec. 5301
  • Metropolitan planning organization: means a metropolitan planning organization established and designated pursuant to 23 U. See Delaware Code Title 7 Sec. 723
  • Mite: means Acarapis woodi, Varroa jacobsoni. See Delaware Code Title 7 Sec. 4702
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parcel of land: means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established and which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. See Delaware Code Title 7 Sec. 750
  • Passenger: includes any person riding in an aircraft but having no part in its operation. See Delaware Code Title 6 Sec. 4337
  • Person: means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. See Delaware Code Title 7 Sec. 5301
  • Personal vehicle: means a vehicle that is used by a transportation network company driver and is:

    a. See Delaware Code Title 7 Sec. 572

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Prearranged ride: means the provision of transportation by a TNC driver to a rider, beginning when a TNC driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the TNC driver transports a requesting rider, and ending when the last rider departs from the personal vehicle. See Delaware Code Title 7 Sec. 572
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Project: means any public transportation project undertaken under this chapter. See Delaware Code Title 7 Sec. 723
  • Project: means any State-funded capital-related improvement or addition to the State's transportation infrastructure, including transit systems, facilities, stations and equipment, sidewalks, multi-use paths, protected bicycle lanes, and bicycle boulevards. See Delaware Code Title 7 Sec. 750
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public carrier: includes every individual, partnership, association, corporation, joint stock company, agency or department of this State, or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a "cooperative"), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate, within this State, any railroad, street railway, traction railway, taxicab, limousine, motor bus or electric trackless trolley coach service, system, plan or equipment for public use other than transportation authorities created pursuant to Chapter 13 of this title. See Delaware Code Title 7 Sec. 514
  • Public use: means service provided in exchange for a fee or charge, regardless of whether the operator intends to make a profit, offered by any railroad, street railway, traction railway, taxicab, motor bus, electric trolley coach or limousine service, system or plant by any individual or group for any purpose except: (i) transportation to and from any school or school-sponsored event when such transportation is under the regulation of the Department of Education; and (ii) transportation to and from nonschool related events by school bus operators under the regulation of the Department of Education, where such nonschool related transportation is a de minimis portion of the carrier's operation; and (iii) transportation to and from a church, synagogue or other place of worship; and (iv) shuttle-type transportation provided by business establishments without charge to customers of the businesses offering such shuttle transportation between fixed termini. See Delaware Code Title 7 Sec. 514
  • Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 7 Sec. 514
  • Redevelopment plan: means the draft master plan for the redevelopment of the Fort DuPont complex dated October 2013, as may be amended from time to time by the Board, which is intended to guide the redevelopment of the Fort DuPont Complex. See Delaware Code Title 7 Sec. 4732
  • Registered aquaculture facility: means an aquaculture facility which has a valid aquaculture registration issued by the Department of Agriculture. See Delaware Code Title 7 Sec. 783
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • rider: means an individual or persons who use a transportation network company's digital network to connect with a transportation network company driver who provides prearranged rides to the rider in the TNC driver's personal vehicle between points chosen by the rider. See Delaware Code Title 7 Sec. 572
  • Secretary: means the Secretary of the Department of Transportation. See Delaware Code Title 7 Sec. 514
  • Secretary: means the Secretary of Transportation. See Delaware Code Title 7 Sec. 723
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Stretcher van: means a vehicle staffed by both a driver and attendant, which is specifically designed and equipped to provide nonemergency transportation of individuals on a stretcher. See Delaware Code Title 7 Sec. 514
  • Summons: Another word for subpoena used by the criminal justice system.
  • TNC: means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this chapter and operating in Delaware that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. See Delaware Code Title 7 Sec. 572
  • TNC driver: means an individual who:

    a. See Delaware Code Title 7 Sec. 572

  • Transportation System: means any capital-related improvement and addition to the State's transportation infrastructure, including but not limited to highways, roads, bridges, vehicles and equipment, ports and marine-related facilities, park and ride lots, rail and other transit systems, facilities, stations and equipment, rest areas, tunnels, airports, transportation management systems, control/communications/information systems and other transportation-related investments, or any combination thereof. See Delaware Code Title 7 Sec. 723
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Unenclosed lands: means lands, other than the livestock owner's property, where the livestock would be able to run loose, free of confinement, or otherwise unrestrained by the livestock owner. See Delaware Code Title 7 Sec. 5307
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Venue: The geographical location in which a case is tried.
  • Viticulture: means the cultivation, production or marketing of any grape variety that is cultivated, produced or marketed as a cultivated crop in this State. See Delaware Code Title 7 Sec. 798
  • Wild: means an animal or plant that is not trained, adapted and/or bred to live in a human controlled environment. See Delaware Code Title 7 Sec. 783