Terms Used In Delaware Code > Title 3 > Chapter 31 > Subchapter V - Dealers' and Handlers' Bonds

• 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
• 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.
• 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
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bequest: Property gifted by will.
• 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
• Certifying agency: means either of the following:

  a. See Delaware Code Title 3 Sec. 1501

• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• 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
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• 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
• Feed ingredient: means each of the constituent materials making up a commercial feed. See Delaware Code Title 3 Sec. 1703
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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 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
• 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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• 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
• 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
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• 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}
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• percentage: means percentage by weight. See Delaware Code Title 3 Sec. 1703
• Person: includes any individual, partnership, corporation, company, society, or association. See Delaware Code Title 3 Sec. 1501
• Person: means an individual, partnership, corporation, association, and other entities. See Delaware Code Title 3 Sec. 1703
• Personal property: All property that is not real property.
• 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
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Quantity statement: means the net weight (mass), liquid measure, or count. See Delaware Code Title 3 Sec. 1703
• Quorum: The number of legislators that must be present to do business.
• 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 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• sale: includes exchange. See Delaware Code Title 3 Sec. 1703
• 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
• 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
• 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 1 Sec. 302
• Statute: A law passed by a legislature.
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• 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
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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
• Uniform: means the variations in essential and distinctive characteristics are describable. See Delaware Code Title 3 Sec. 1501
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• 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
• 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
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302