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 - Milk, Cream and Other Milk Products; Containers

  • Accommodations: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room or any other structure which is situated on real property and designed for occupancy by one or more individuals. See Delaware Code Title 6 Sec. 2822
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed under this chapter that is offered for sale or distribution. See Delaware Code Title 3 Sec. 1501
  • Advertisement: means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation, acquire any title, interest in or otherwise execute a contract as defined in this section. See Delaware Code Title 6 Sec. 2802
  • Advertising: means the use of media, mail or personal contacts to induce, directly or indirectly, any person to enter into any obligation, acquire any title, interest in or otherwise execute a contract as defined in this section. See Delaware Code Title 6 Sec. 2822
  • 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.
  • Agent: means any individual, other than a broker-dealer, who represents a broker-dealer or issuer in effecting or attempting to effect purchases or sales of securities. See Delaware Code Title 6 Sec. 73-103
  • Agreement: means an agreement entered into by the Secretary and one or more contracting parties for a project. See Delaware Code Title 2 Sec. 2002
  • 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 3 Sec. 2501
  • Agricultural seed: includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this State as agricultural seeds, lawn seeds, and mixes of these seeds, and may include noxious weed seeds when the Department determines that noxious weed seed is being used as agricultural seed. See Delaware Code Title 3 Sec. 1501
  • Aircraft: includes balloon, airplane, hydroplane and every other vehicle used for navigation through the air. See Delaware Code Title 2 Sec. 301
  • Airperson: includes aviator, pilot, balloonist and every other person having any part in the operation of aircraft while in flight. See Delaware Code Title 2 Sec. 301
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Aquaculture: means the controlled propagation, growth, harvest and subsequent commerce in cultured aquatic stock by an aquaculturist. See Delaware Code Title 3 Sec. 403
  • Aquaculture facility: means any water system and associated infrastructures capable of holding and/or producing cultured aquatic stock. See Delaware Code Title 3 Sec. 403
  • 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 3 Sec. 403
  • Aquaculturist: means an individual, partnership or corporation involved in the production of cultured aquatic stock or parts thereof. See Delaware Code Title 3 Sec. 403
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney General: means the Attorney General of the State or the Attorney General's duly appointed deputy. See Delaware Code Title 6 Sec. 73-103
  • Authority: shall mean the Transportation Authority. See Delaware Code Title 2 Sec. 1801
  • Automatic renewal provision: means a provision under which a contract is renewed for a specified period of more than 1 month if the renewal causes the contract to be in effect more than 12 months after the day of the initiation of the contract and such renewal is effective unless the consumer gives notice to the seller of the consumer's intention to terminate the contract. See Delaware Code Title 6 Sec. 2731
  • Bankruptcy: means an event that causes a person to cease to be a member as provided in § 18-304 of this title. See Delaware Code Title 6 Sec. 18-101
  • Bequest: Property gifted by will.
  • brand: means a term, design, or trademark used in connection with 1 or several grades of commercial fertilizer. See Delaware Code Title 3 Sec. 2103
  • Brand name: means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. See Delaware Code Title 3 Sec. 1703
  • Broker-dealer: means any person engaged in the business of effecting transactions in securities for the account of others or for the broker-dealer's own account. See Delaware Code Title 6 Sec. 73-103
  • Builder: means any individual, trustee, partnership, corporation, or other entity contracting with an owner for the construction of a new dwelling. See Delaware Code Title 6 Sec. 3681
  • Business day: means any day except Sunday or a legal holiday. See Delaware Code Title 6 Sec. 2802
  • Business day: means any day except Sunday or a legal holiday. See Delaware Code Title 6 Sec. 2822
  • Buyer: means any individual, partnership, corporation or trustee purchasing any estate or interest in a new residential real property or new dwelling. See Delaware Code Title 6 Sec. 3601
  • Buyer: means any individual, trustee, partnership, corporation, or other entity purchasing any estate or interest in a new dwelling. See Delaware Code Title 6 Sec. 3681
  • Campground resort: means any tract or parcel of real property within the State on which there are at least 10 camping sites. See Delaware Code Title 6 Sec. 2802
  • Certifying agency: means either of the following:

    a. See Delaware Code Title 3 Sec. 1501

  • 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 2 Sec. 1801
  • Clearly and conspicuously: means either that printed disclosures must be in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, or by way of a recorded audio disclosure, in a manner that clearly calls attention to the language. See Delaware Code Title 6 Sec. 2731
  • 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 3 Sec. 403
  • Commercial feed: means all materials or combination of materials which are distributed for the use as feed or for mixing in feed, for animals and cultured aquatic stock other than man except:

    a. See Delaware Code Title 3 Sec. 1703

  • commercial fertilizer: means any substance containing 1 or more recognized plant nutrient(s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and other products exempted by regulation of the Secretary;

    a. See Delaware Code Title 3 Sec. 2103

  • Commission: means the Alcoholic Beverage Control Commission. See Delaware Code Title 3 Sec. 603
  • Construction: includes construction, erection, building, alteration, repair, reconstruction and destruction of improvements to real property. See Delaware Code Title 6 Sec. 3651
  • Consumer: means an individual who purchases or leases merchandise primarily for personal, family or household purposes. See Delaware Code Title 6 Sec. 2731
  • Contract: means any contract for the sale of merchandise or any lease. See Delaware Code Title 6 Sec. 2731
  • Contract: means any written agreement of more than 1 year's duration, executed in whole or in part within the State, which grants to a purchaser a nonexclusive right or license to use the campground resort of a membership camping resort operator or any portion thereof on a first come, first serve or reservation basis together with other purchasers. See Delaware Code Title 6 Sec. 2802
  • Contract: means any written agreement of more than 1 year's duration, executed in whole or in part within the State which grants to a purchaser the rights and obligations of a time-sharing plan. See Delaware Code Title 6 Sec. 2822
  • Contract agreement: means a written or oral contract or agreement between a dealer and a supplier by which the dealer is granted the right to sell their equipment and the dealer is required to order and maintain an inventory in excess of $25,000 at current net price from the supplier. See Delaware Code Title 6 Sec. 2720
  • Contract feeder: means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product. See Delaware Code Title 3 Sec. 1703
  • 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 2 Sec. 2002
  • Contribution: means any cash, property, services rendered or a promissory note or other obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in the capacity as a partner. See Delaware Code Title 6 Sec. 17-101
  • Council: means the Council on Transportation. See Delaware Code Title 2 Sec. 1801
  • 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 3 Sec. 403
  • Current net price: means the price listed in the supplier's price list in effect at the time the contract agreement is terminated, less any applicable discount allowed. See Delaware Code Title 6 Sec. 2720
  • Customer-formula feed: means a mixture of commercial feeds or materials each batch of which mixture is mixed according to the specific instructions of the final purchaser, or contract feeder. See Delaware Code Title 3 Sec. 1703
  • Dealer: means a person, firm or corporation engaged in the business of selling, at retail, construction, farm, industrial or outdoor power equipment and who maintains a total inventory of new equipment and repair parts valued at $50,000 or over and provides repair service for the above-mentioned equipment. See Delaware Code Title 6 Sec. 2720
  • 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 3 Sec. 2501
  • Decedent: A deceased person.
  • deficiency: means the amount of nutrient found by analysis less than that guaranteed which may result from a lack of nutrient ingredients or from lack of uniformity. See Delaware Code Title 3 Sec. 2103
  • Department: means the Department of Transportation. See Delaware Code Title 2 Sec. 2002
  • Department: means the Department of Transportation. See Delaware Code Title 2 Sec. 2102
  • Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 403
  • Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 603
  • Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 1501
  • Department: means State Department of Agriculture. See Delaware Code Title 3 Sec. 2103
  • Department: means the Delaware Department of Agriculture. See Delaware Code Title 3 Sec. 2501
  • Department: means the Delaware Department of Transportation. See Delaware Code Title 2 Sec. 1801
  • Developer: means the person creating a time-sharing plan. See Delaware Code Title 6 Sec. 2822
  • Devise: To gift property by will.
  • 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 2 Sec. 1901
  • Director: means the Investor Protection Director, the principal executive officer of the Investor Protection Unit designated in § 73-102 of this title. See Delaware Code Title 6 Sec. 73-103
  • Distinct: means the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge. See Delaware Code Title 3 Sec. 1501
  • Distribute: means to offer for sale, sell, or barter, commercial feed or customer-formula feed; or to supply, furnish or otherwise provide commercial feed or customer-formula feed to a contract feeder. See Delaware Code Title 3 Sec. 1703
  • Distributor: means any person who distributes pursuant to paragraph (5) of this section. See Delaware Code Title 3 Sec. 1703
  • distributor: means any person who imports, consigns, manufactures, produces, compounds, mixes or blends commercial fertilizer, or soil conditioner, or who offers for sale, sells, barters or otherwise supplies commercial fertilizer or soil conditioner in this State. See Delaware Code Title 3 Sec. 2103
  • 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 2 Sec. 2102
  • Domesticated: means an animal or plant trained, adapted and/or bred to live in a human controlled environment. See Delaware Code Title 3 Sec. 403
  • Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and articles other than commercial feed intended to affect the structure or any function of the animal body. See Delaware Code Title 3 Sec. 1703
  • Eligible adult: means :

    a. See Delaware Code Title 6 Sec. 73-103

  • 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.
  • Facilities: means any structure, service, improvement or real property, whether improved or unimproved, which is made available to the purchasers of a time-sharing plan. See Delaware Code Title 6 Sec. 2822
  • 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 2 Sec. 2102
  • Federal covered adviser: means a person who is registered under § 203 of the Investment Advisers Act of 1940 [15 U. See Delaware Code Title 6 Sec. 73-103
  • Federal covered security: means any security that is a covered security under § 18(b) of the Securities Act of 1933 [15 U. See Delaware Code Title 6 Sec. 73-103
  • 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 3 Sec. 403
  • Fee fishing operation: means a registered aquaculture facility where a person may fish for cultured aquatic stock. See Delaware Code Title 3 Sec. 403
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Feed ingredient: means each of the constituent materials making up a commercial feed. See Delaware Code Title 3 Sec. 1703
  • Final settlement: means the time at which the parties have signed and delivered all papers and consideration to convey title to the estate or interest in a new residential real property or new dwelling. See Delaware Code Title 6 Sec. 3601
  • Financial exploitation: includes , but is not limited to:

    a. See Delaware Code Title 6 Sec. 73-103

  • 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 3 Sec. 1501
  • 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
  • Germination: means the percentage of seeds capable of producing normal seedlings under ordinarily, favorable conditions, not including seeds which produce weak, malformed, or obviously abnormal sprouts. See Delaware Code Title 3 Sec. 1501
  • grade: means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. See Delaware Code Title 3 Sec. 2103
  • Gross revenue: means all revenue which (i) is collected by a public carrier subject to regulation by the Department; and (ii) is derived from the intrastate public carrier business of such a carrier, except, however, that "gross revenue" of a public carrier operating by leasing all or part of its vehicles to nonemployee independent contractor drivers as authorized under this chapter shall mean as to such leased vehicles all revenue which (i) is collected from the nonemployee independent contractor lessees operating vehicles under such public carrier's certificate of public convenience and necessity; and (ii) is derived from the intrastate public carrier business of such a carrier. See Delaware Code Title 2 Sec. 1801
  • guaranteed analysis: shall mean the minimum percentage of plant nutrients claimed in the following order and form:

    a. See Delaware Code Title 3 Sec. 2103

  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Hard seed: means the percentage of seeds which, because of hardness or impermeability, do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned. See Delaware Code Title 3 Sec. 1501
  • Hybrid: means the first generation seed of a cross produced by controlling the pollination and by combining any of the following:

    1. See Delaware Code Title 3 Sec. 1501

  • Improvement: includes buildings, roads, streets, entrances and walkways of any type constructed thereon, and other structures affixed to and on land, as well as any changes to the land itself. See Delaware Code Title 6 Sec. 3651
  • 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 formula: means any food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of 2. See Delaware Code Title 6 Sec. 4720
  • Intrastate public carrier business: means all that portion of the business of a public carrier which is carried on in this State and over which the Department has jurisdiction under this chapter. See Delaware Code Title 2 Sec. 1801
  • Inventory: means the tractors, implements, attachments, equipment and repair parts that the dealer purchased from the supplier. See Delaware Code Title 6 Sec. 2720
  • Investment adviser: means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. See Delaware Code Title 6 Sec. 73-103
  • Investment adviser representative: means any partner, officer, director (or a person occupying a similar status or performing similar functions) or other individual, except clerical or ministerial personnel, who is employed by or associated with an investment adviser that is registered or required to be registered under this chapter, or who has a place of business located in this State and is employed by or associated with a federal covered adviser; and who does any of following: (A) makes any recommendations or otherwise renders advice regarding securities, (B) manages accounts or portfolios of clients, (C) determines which recommendation or advice regarding securities should be given, (D) solicits, offers or negotiates for the sale of or sells investment advisory services, or (E) supervises employees who perform any of the foregoing. See Delaware Code Title 6 Sec. 73-103
  • Issuer: means any person who issues or proposes to issue any security. See Delaware Code Title 6 Sec. 73-103
  • Kind: means 1 or more related species or subspecies that singly or collectively is known by 1 common name, such as corn, oats, alfalfa, and timothy. See Delaware Code Title 3 Sec. 1501
  • Label: means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed or customer-formula feed is distributed. See Delaware Code Title 3 Sec. 1703
  • label: means the display of all written, printed or graphic matter upon the immediate container or statement accompanying a commercial fertilizer or soil conditioner. See Delaware Code Title 3 Sec. 2103
  • Labeling: means all labels, in any form, including written, printed, or graphic representations, that accompany or pertain to any seed, whether in bulk, in containers, or as representations on invoices. See Delaware Code Title 3 Sec. 1501
  • labeling: means any advertising, promotional or promotion of any fertilizer or soil conditioner including, but not limited to, all written, printed, graphic or electronic communication used in promoting the sale of such fertilizer or soil conditioner. See Delaware Code Title 3 Sec. 2103
  • 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 2 Sec. 301
  • Lease: means any lease, offer to lease or attempt to lease any merchandise. See Delaware Code Title 6 Sec. 2731
  • Legacy: A gift of property made by will.
  • 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 2 Sec. 2102
  • 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 2 Sec. 1801
  • Limousine service: means the providing of transportation of passengers for hire with a driver by a limousine as defined in subdivision (13) of this section where at least 1 of the 2 termini is fixed. See Delaware Code Title 2 Sec. 1801
  • Lot: means a definite quantity of seed identified by a lot number or other mark, in which every portion or bag is uniform within recognized tolerances for the factors in the labeling. See Delaware Code Title 3 Sec. 1501
  • Manager: means a person who is named as a manager of a limited liability company in, or designated as a manager of a limited liability company pursuant to, a limited liability company agreement or similar instrument under which the limited liability company is formed, and includes a manager of the limited liability company generally and a manager associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
  • Managing entity: means a person who undertakes the duties, responsibilities and obligations of the management of a campground resort. See Delaware Code Title 6 Sec. 2802
  • Manufacture: means to grind, mix, or blend, or further process a commercial or customer-formula feed for distribution. See Delaware Code Title 3 Sec. 1703
  • Medical device: means any new or unused instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, tool or other similar or related article, including any component part or accessory, required by federal law to bear the label, "Caution: Federal law requires dispensing by or on the order of a physician" or which is defined by federal law as a medical device and which is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment of prevention of disease in humans or other animals, or is intended to affect the structure or any function of the body of humans or other animals, which does not achieve any of its principal intended purposes through chemical action within or on the body of humans or other animals and which is not dependent upon being metabolized for achievement of any of its principal intended purposes. See Delaware Code Title 6 Sec. 4720
  • Medicated feed: means any feed which contains drug ingredients intended or presented for the cure, mitigation, treatment, or prevention of diseases of animals other than man or which contains drug ingredients intended to affect the structure or any function of the body of animals other than humans. See Delaware Code Title 3 Sec. 1703
  • Merchandise: means any objects, wares, goods, commodities, intangibles, real estate or services, other than insurance. See Delaware Code Title 6 Sec. 2731
  • Metropolitan planning organization: means a metropolitan planning organization established and designated pursuant to 23 U. See Delaware Code Title 2 Sec. 2002
  • mixed fertilizer: is a commercial fertilizer containing any combination of mixture of fertilizer materials;

    c. See Delaware Code Title 3 Sec. 2103

  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Net cost: means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location, plus reasonable cost of assembly performed by the dealer. See Delaware Code Title 6 Sec. 2720
  • New and unused property: shall mean tangible personal property that was acquired by the unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured. See Delaware Code Title 6 Sec. 4720
  • New dwelling: means a new multi-family, single family or townhouse dwelling not previously occupied and constructed for use as a residence. See Delaware Code Title 6 Sec. 3601
  • New dwelling: means a new 1- or 2-family residential dwelling, not previously occupied, and constructed for residential use. See Delaware Code Title 6 Sec. 3681
  • New residential real property: means any estate or interest in real property improved by a new dwelling not previously occupied and constructed for use as a residence. See Delaware Code Title 6 Sec. 3601
  • Nonissuer: means not directly or indirectly for the benefit of the issuer. See Delaware Code Title 6 Sec. 73-103
  • Nonprescription drug: means any nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the consumer and prepared by the manufacturer or producer for use by the consumer. See Delaware Code Title 6 Sec. 4720
  • Offer: means any offer, solicitation, advertisement or inducement, to execute a contract. See Delaware Code Title 6 Sec. 2802
  • Offer: means any offer, solicitation, advertisement or inducement to execute a contract. See Delaware Code Title 6 Sec. 2822
  • Official sample: means any sample of feed taken by the Department or its agent and designated as "official" by the Department. See Delaware Code Title 3 Sec. 1703
  • official sample: means any sample of commercial fertilizer or soil conditioner taken by the Secretary or the Secretary's agent and designated as "official" by the Secretary. See Delaware Code Title 3 Sec. 2103
  • open formula: means mixed fertilizer labeled so as to show in addition to requirements of § 2105 of this title the name and grade of materials and the quantity of each used per ton in compounding or mixing. See Delaware Code Title 3 Sec. 2103
  • Operator: means any person who is in the business of soliciting, offering, advertising or executing membership camping resort contracts. See Delaware Code Title 6 Sec. 2802
  • Operator: means the owner or operator of any building, structure, motor vehicle or real estate, whether fixed or mobile, which is leased or rented to a transient merchant. See Delaware Code Title 6 Sec. 4702
  • Origin: means the state or foreign country, or the designated portion of a state or foreign country, where the seed was grown. See Delaware Code Title 3 Sec. 1501
  • outdoor power: when used to refer to tractors, implements, attachments or repair parts, have the meanings commonly used and understood among dealers and suppliers of those trades. See Delaware Code Title 6 Sec. 2720
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Passenger: includes any person riding in an aircraft but having no part in its operation. See Delaware Code Title 2 Sec. 301
  • percentage: means percentage by weight. See Delaware Code Title 3 Sec. 1703
  • percentage: means the percentage by weight. See Delaware Code Title 3 Sec. 2103
  • Person: includes any individual, partnership, corporation, company, society, or association. See Delaware Code Title 3 Sec. 1501
  • Person: means an individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership, unincorporated association, 2 or more of any of the foregoing having a joint or common interest or any other legal or commercial entity. See Delaware Code Title 6 Sec. 2731
  • Person: means any individual, corporation, partnership, company, unincorporated association or any other legal entity other than a government or agency or a subdivision thereof. See Delaware Code Title 6 Sec. 2802
  • Person: means any individual, corporation, partnership, company, unincorporated association or any other legal entity other than a government or agency or a subdivision thereof. See Delaware Code Title 6 Sec. 2822
  • Person: means an individual, partnership, corporation, association, and other entities. See Delaware Code Title 3 Sec. 1703
  • person: includes individual, partnership, association, ?rm and corporation. See Delaware Code Title 3 Sec. 2103
  • Person: means any individual, firm, partnership, corporation, company, association, society, joint-stock company or syndicate, their lessees, trustees or receivers. See Delaware Code Title 3 Sec. 2501
  • Person: means an individual, a corporation, a partnership, an association, a joint stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See Delaware Code Title 6 Sec. 73-103
  • Personal vehicle: means a vehicle that is used by a transportation network company driver and is:

    a. See Delaware Code Title 2 Sec. 1901

  • Pet: means dog or cat. See Delaware Code Title 3 Sec. 1703
  • Pet food: means any commercial feed prepared and distributed for consumption by pets. See Delaware Code Title 3 Sec. 1703
  • 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 2 Sec. 1901
  • 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.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Producer: means any person in this State who produces agricultural products. See Delaware Code Title 3 Sec. 2501
  • Product name: means the name of the commercial feed which identifies it as to kind, class or specific use and distinguishes it from all other products bearing the same brand name. See Delaware Code Title 3 Sec. 1703
  • Project: means any public transportation project undertaken under this chapter. See Delaware Code Title 2 Sec. 2002
  • 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 2 Sec. 2102
  • Promoter: includes :

    a. See Delaware Code Title 6 Sec. 73-103

  • Protective hairstyle: includes braids, locks, and twists. See Delaware Code Title 2 Sec. 1901
  • 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 2 Sec. 1801
  • Public interest: means that it shall appear to the Commissioner that the action taken or sanction imposed will further the purpose of this chapter. See Delaware Code Title 6 Sec. 73-103
  • 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 2 Sec. 1801
  • Purchase money: means any money, currency, note, security or other consideration paid by the purchaser for a membership camping agreement. See Delaware Code Title 6 Sec. 2802
  • Purchaser: means any person who enters into a contract with an operator as defined herein. See Delaware Code Title 6 Sec. 2802
  • Purchaser: means any person who is buying or who has bought a time-share period in a time-sharing plan. See Delaware Code Title 6 Sec. 2822
  • Pure seed: means seed exclusive of inert matter and other seeds, as determined by methods under regulations promulgated under this chapter. See Delaware Code Title 3 Sec. 1501
  • Qualified individual: means any agent, broker-dealer, investment adviser, investment adviser representative or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. See Delaware Code Title 6 Sec. 73-103
  • Quantity statement: means the net weight (mass), liquid measure, or count. See Delaware Code Title 3 Sec. 1703
  • Race: includes traits historically associated with race, including hair texture and a protective hairstyle. See Delaware Code Title 2 Sec. 1901
  • 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 2 Sec. 1801
  • Reciprocal program: means any arrangement under which a purchaser is permitted to use camping resort sites or facilities at 1 or more campground resorts not owned or operated by the operator with whom the purchaser has entered into a contract. See Delaware Code Title 6 Sec. 2802
  • Reciprocal program: means any arrangement under which a purchaser is permitted to use time-share units or facilities in 1 or more time-sharing plans' locations not owned by the seller with whom the purchaser has entered into a contract. See Delaware Code Title 6 Sec. 2822
  • Record: includes all information relating to a shipment and a file sample of each lot of seed. See Delaware Code Title 3 Sec. 1501
  • Registered agent: as used in this chapter may be, but is not required to be, the agent appointed pursuant to § 132 of Title 8. See Delaware Code Title 6 Sec. 4702
  • Registered aquaculture facility: means an aquaculture facility which has a valid aquaculture registration issued by the Department of Agriculture. See Delaware Code Title 3 Sec. 403
  • registrant: means the person who registers commercial fertilizer or soil conditioner under this chapter. See Delaware Code Title 3 Sec. 2103
  • 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 2 Sec. 1901
  • Sale: means any sale, offer for sale or attempt to sell any merchandise for cash or credit. See Delaware Code Title 6 Sec. 2731
  • sale: includes exchange. See Delaware Code Title 3 Sec. 1703
  • Salesperson: means an individual, other than an operator, who offers to sell a contract by means of a direct sales presentation, but does not include a person who merely refers a prospective purchaser to a sales person without making any direct sales presentation. See Delaware Code Title 6 Sec. 2802
  • Salesperson: means an individual, other than a seller, who offers to sell a contract by means of a direct sales presentation, but does not include a person who merely refers a prospective purchaser to a sales person without making any direct sales presentation. See Delaware Code Title 6 Sec. 2822
  • Secretary: means the Secretary of Transportation. See Delaware Code Title 2 Sec. 2002
  • Secretary: means the Secretary of the Department or his or her designee. See Delaware Code Title 3 Sec. 403
  • Secretary: means the Secretary of the Department of Agriculture. See Delaware Code Title 3 Sec. 603
  • Secretary: means the Secretary of the State Department of Agriculture or the Secretary's duly authorized delegates. See Delaware Code Title 3 Sec. 2103
  • Secretary: means the Secretary of the Delaware Department of Agriculture. See Delaware Code Title 3 Sec. 2501
  • Secretary: means the Secretary of the Department of Transportation. See Delaware Code Title 2 Sec. 1801
  • Security: means any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; collateral-trust certificate; preorganization certificate or subscription; transferable share; investment contract, including pyramid promotion which includes any plan or operation for the sale or distribution of property, services, or any other thing of value wherein a person for a consideration is offered an opportunity to obtain a benefit which is based in whole or in part on the inducement, by himself or herself or by others, of additional persons to purchase the same or a similar opportunity; voting-trust certificate; certificate of deposit for a security; certificate of interest of participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease; options on commodities; viatical settlement investment; or, in general, any interest or instrument commonly known as a "security" or any certificate of interest or participation in, temporary or interim certificate, for, receipt for guarantee of, or warrant or right to subscribe to or purchase, any of the aforegoing. See Delaware Code Title 6 Sec. 73-103
  • sell: includes every contract of sale of, contract to sell or disposition of a security or interest in a security for value. See Delaware Code Title 6 Sec. 73-103
  • Seller: means any person engaged in commerce that sells, leases, or offers to sell or lease any merchandise to a consumer. See Delaware Code Title 6 Sec. 2731
  • Seller: means any developer, or any other person, or agent or employee thereof, who offers time-share periods for sale to the public in the ordinary course of business, except persons who have acquired a time-share period for their own occupancy and later offer it for resale. See Delaware Code Title 6 Sec. 2822
  • Seller: means any individual, partnership, corporation or trustee transferring new residential property or a new dwelling. See Delaware Code Title 6 Sec. 3601
  • Series: means a designated series of limited partners, general partners, partnership interests or assets that is a protected series or a registered series, or that is neither a protected series nor a registered series. See Delaware Code Title 6 Sec. 17-101
  • soil conditioner: means any substance or mixture of substances, including any plant biostimulant, imported, manufactured, prepared or sold for manurial soil-enriching or soil-corrective purposes or intended to be used for promoting or stimulating the growth of plants, increasing the productivity of plants, improving the quality of crops, or producing any chemical, biochemical, biological or physical change in the soil, except commercial fertilizer as defined in this chapter, unmanipulated animal and vegetable manures, and agricultural liming materials. See Delaware Code Title 3 Sec. 2103
  • Stable: means the variety will remain unchanged in its essential and distinctive characteristics and remain uniform when reproduced or reconstituted. See Delaware Code Title 3 Sec. 1501
  • Stop sale: means an administrative order restraining the sale, use, disposition, and movement of a definite amount of seed. See Delaware Code Title 3 Sec. 1501
  • 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 2 Sec. 1801
  • Supplier: means a wholesaler, manufacturer or distributor who enters into a contract agreement with a dealer. See Delaware Code Title 6 Sec. 2720
  • Taxicab: means any self-propelled motor vehicle equipped with a taxi meter having a passenger capacity of up to 7 persons, including the driver, engaged in the transportation for hire of persons and their accompanying property, or of small packages on isolated occasions and not as part of regular operations, over irregular routes between termini which are not fixed; provided, however, that the utilization of taxicab stands or holding points shall not constitute fixed termini, and 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 2 Sec. 1801
  • Temporary or transient business: means any exhibition or sale of goods, wares or merchandise which is carried on in any building, structure, motor vehicle or real estate for less than either of following times during any consecutive 12-month period:

    a. See Delaware Code Title 6 Sec. 4702

  • Testify: Answer questions in court.
  • Time-share period: means that period of time during which a purchaser of a time-sharing plan is entitled to possession and use of the accommodations or facilities, or both, of a time-sharing plan. See Delaware Code Title 6 Sec. 2822
  • Time-share unit: means an accommodation or facility of a time-sharing plan which is divided into time-share periods. See Delaware Code Title 6 Sec. 2822
  • Time-sharing plan: means an arrangement, plan, or similar device, whereby a purchaser, in exchange for consideration, receives a right to use accommodations or facilities, or both, for a period of more than 3 years and such use is to occur during specific periods of time which are less than 1 year during any given year within the terms of such arrangement, plan or other device. See Delaware Code Title 6 Sec. 2822
  • 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 2 Sec. 1901
  • TNC driver: means an individual who:

    a. See Delaware Code Title 2 Sec. 1901

  • ton: means a net weight of 2,000 pounds avoirdupois. See Delaware Code Title 3 Sec. 2103
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transient retailer: means any person, firm or corporation, as principal or agent, or both, which engages in, does or transacts any temporary or transient business in this State, either in 1 locality or in traveling from place to place in this State, offering for sale or selling goods, wares, merchandise, food or beverages, and including those who, for the purpose of carrying on such business, hire, lease, use or occupy any permanent or mobile building, structure, motor vehicle including trucks, or real estate for the exhibition by means of samples, catalogues, photographs and price lists or sale of such goods, wares or merchandise. See Delaware Code Title 6 Sec. 4702
  • 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 2 Sec. 2002
  • Treated: means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made. See Delaware Code Title 3 Sec. 1501
  • Tree and shrub seeds: includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State. See Delaware Code Title 3 Sec. 1501
  • 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
  • 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 3 Sec. 1501
  • Unfinished work: means a condition in a new residential real property or new dwelling which fails to comply with the work agreed upon by the vendor and/or seller in the specifications, contract terms and applicable building codes. See Delaware Code Title 6 Sec. 3601
  • Uniform: means the variations in essential and distinctive characteristics are describable. See Delaware Code Title 3 Sec. 1501
  • Unused property market: means any event at which persons offer personal property for sale or exchange, and which involves a series of sales sufficient in number, scope and character to constitute a regular course of business; provided, however, that the event occurs at least 6 times in any 12-month period. See Delaware Code Title 6 Sec. 4720
  • Unused property merchant: means any person, other than a vendor or merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot or other unused property market location and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail and shall include any transient retailer. See Delaware Code Title 6 Sec. 4720
  • 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.
  • Variety: means a subdivision of a kind that is distinct, uniform, and stable, defined as follows:

    a. See Delaware Code Title 3 Sec. 1501

  • 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 3 Sec. 1501
  • Vendor: means any person, firm, partnership, corporation or other entity that contracts to sell new dwellings or new residential real property. See Delaware Code Title 6 Sec. 3601
  • 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 3 Sec. 603
  • Weed seeds: includes the seeds of all plants generally recognized as weeds within this State and includes noxious weed seeds. See Delaware Code Title 3 Sec. 1501
  • 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 3 Sec. 403