§ 3161 Requirement of bond; amount
§ 3162 Computation of amount; milk from another state
§ 3163 Filing by dealer not engaged in business during preceding year
§ 3164 Time of filing; period effective
§ 3165 Surety requirements
§ 3166 Substitutions
§ 3167 Financial statement; acceptance in lieu of surety
§ 3168 Increase of bond
§ 3169 Decrease in bond
§ 3170 Bonds, collateral, etc., deposited with State Treasurer
§ 3171 Income from collateral
§ 3172 Suit upon bond
§ 3173 Order of Department of Agriculture
§ 3174 Distribution of proceeds of bond or collateral

Terms Used In Delaware Code > Title 3 > Chapter 31 > Subchapter V

  • 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 within the scope of this chapter. See Delaware Code Title 7 Sec. 4110
  • Agricultural products: means fruits and vegetables, and for the purpose of this chapter shall be construed to include, but not by way of limitation, apples, cabbage, cantaloupes, cucumbers, melons, potatoes, sweet corn and tomatoes. See Delaware Code Title 7 Sec. 4195
  • 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 such seeds, and may include noxious weed seeds when the Department determines that such seed is being used as agricultural seed. See Delaware Code Title 7 Sec. 4110
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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
  • 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: means a term, design, or trademark used in connection with 1 or several grades of commercial fertilizer. See Delaware Code Title 7 Sec. 4162
  • Certifying agency: means :

    a. See Delaware Code Title 7 Sec. 4110

  • 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 gypsum, and other products exempted by regulation of the Secretary;

    a. See Delaware Code Title 7 Sec. 4162

  • Complainant: means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons, who possesses or has use of the land onto which the nuisance plant spreads or will spread unless controlled. See Delaware Code Title 7 Sec. 4319
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means any person who acquires eggs for consumption in his own household and not for resale. See Delaware Code Title 7 Sec. 4329
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means to maintain a nuisance plant within the property boundaries of a landowner who has planted it or allowed it to remain. See Delaware Code Title 7 Sec. 4319
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person who solicits or receives any agricultural products from the producer or other supplier on consignment as a commission merchant, or who purchases agricultural products for resale at wholesale as a dealer, or who negotiates the purchase or sale of any agricultural product as a broker. See Delaware Code Title 7 Sec. 4195
  • Department: means State Department of Agriculture. See Delaware Code Title 7 Sec. 4162
  • Department: means the Delaware Department of Agriculture. See Delaware Code Title 7 Sec. 4195
  • Department: means the Department of Agriculture. See Delaware Code Title 7 Sec. 4384
  • Devise: To gift property by will.
  • 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;

    (3) "Distributor" means any person who distributes pursuant to subdivision (2) of this section;

    (4) "Sell" or "sale" includes exchange;

    (5) "Commercial feed" means all 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 7 Sec. 4128

  • 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 7 Sec. 4162
  • Docket: A log containing brief entries of court proceedings.
  • dollars: means lawful money of the United States. See Delaware Code Title 6 Sec. 4307
  • Eggs: means eggs in the shell that are the product of domesticated chickens. See Delaware Code Title 7 Sec. 4329
  • Equine: includes all horses of every type and description. See Delaware Code Title 7 Sec. 4384
  • 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.
  • Feed ingredient: means each of the constituent materials making up a commercial feed;

    (7) "Mineral feed" means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients;

    (8) "Customer-formula feed" means a mixture of commercial feeds and/or materials each batch of which mixture is mixed according to the specific instructions of the final purchaser, or contract feeder;

    (9) "Brand name" means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor and distinguishing it from that of others;

    (10) "Product name" means the name of the commercial feed which identifies it as to kind, class or specific use;

    (11) "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;

    (12) "Ton" means a net weight of 2,000 pounds avoirdupois;

    (13) "Percent" or "percentage" means percentage by weight;

    (14) "Official sample" means any sample of feed taken by the Department or its agent and designated as "official" by the Department;

    (15) "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 7 Sec. 4128

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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 7 Sec. 4110
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • grade: means the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. See Delaware Code Title 7 Sec. 4162
  • Grade: means specifications defining the limits of variation in quality of eggs in such a manner as to differentiate among classes of eggs, and the letter, number or other symbol by which reference thereto may be made. See Delaware Code Title 7 Sec. 4329
  • guaranteed analysis: shall mean the minimum percentage of plant nutrients claimed in the following order and form:

    1. See Delaware Code Title 7 Sec. 4162

  • 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 which singly or collectively is known by 1 common name, for example, corn, oats, alfalfa and timothy. See Delaware Code Title 7 Sec. 4110
  • 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 7 Sec. 4162
  • Labeling: includes all labels, and other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices. See Delaware Code Title 7 Sec. 4110
  • labeling: means all written, printed or graphic matter, upon or accompanying any commercial fertilizer or soil conditioner or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such commercial fertilizers or soil conditioners. See Delaware Code Title 7 Sec. 4162
  • Landowner: means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons who owns or has the right to possess and use land on which a nuisance plant is growing. See Delaware Code Title 7 Sec. 4319
  • 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, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See Delaware Code Title 7 Sec. 4110
  • Market: means sell, offer for sale, give in the channels of commerce, barter, exchange, or distribute in any manner. See Delaware Code Title 7 Sec. 4329
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • 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
  • Nuisance Plant List: means the official list of nuisance plants designated as such by the Secretary of the Delaware Department of Agriculture with the advice of the Nuisance Plant Committee. See Delaware Code Title 7 Sec. 4319
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
  • 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 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 7 Sec. 4162
  • open formula: means mixed fertilizer labeled so as to show in addition to requirements of § 2105 the name and grade of materials and the quantity of each used per ton in compounding or mixing. See Delaware Code Title 7 Sec. 4162
  • 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 the percentage by weight. See Delaware Code Title 7 Sec. 4162
  • Person: includes any individual, partnership, corporation, company, society or association. See Delaware Code Title 7 Sec. 4110
  • Person: includes individual, partnership, corporation and association;

    (2) "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;

    (3) "Distributor" means any person who distributes pursuant to subdivision (2) of this section;

    (4) "Sell" or "sale" includes exchange;

    (5) "Commercial feed" means all 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 7 Sec. 4128

  • person: includes individual, partnership, association, firm and corporation. See Delaware Code Title 7 Sec. 4162
  • Person: means any individual, firm, partnership, corporation, company, association, society, joint-stock company or syndicate, their lessees, trustees or receivers. See Delaware Code Title 7 Sec. 4195
  • Person: means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons, and every officer, agent, or employee thereof. See Delaware Code Title 7 Sec. 4319
  • Person: means any individual, producer, firm, partnership, exchange, association, trustee, receiver, corporation or any other entity and any member, officer, employee or agent thereof. See Delaware Code Title 7 Sec. 4329
  • Person: includes veterinary practitioner, racetrack official, racing commission official, private horse owner, trainer, jockey or private person. See Delaware Code Title 7 Sec. 4384
  • Personal property: All property that is not real property.
  • 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 7 Sec. 4195
  • Quorum: The number of legislators that must be present to do business.
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • registrant: means the person who registers commercial fertilizer or soil conditioner under this chapter. See Delaware Code Title 7 Sec. 4162
  • 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.
  • Secretary: means the Secretary of the State Department of Agriculture or the Secretary's duly authorized delegates. See Delaware Code Title 7 Sec. 4162
  • Secretary: means the Secretary of the Delaware Department of Agriculture. See Delaware Code Title 7 Sec. 4195
  • Secretary: means the Secretary of the Delaware Department of Agriculture. See Delaware Code Title 7 Sec. 4319
  • Seizure: means a legal process carried out by court order against a definite amount of seed. See Delaware Code Title 7 Sec. 4110
  • soil conditioner: means any substance or mixture of substances 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 or physical change in the soil, except commercial fertilizer as defined in this chapter, and unmanipulated animal and vegetable manures, agricultural liming materials and gypsum. See Delaware Code Title 7 Sec. 4162
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 6 Sec. 4307
  • Stop sale: means an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed. See Delaware Code Title 7 Sec. 4110
  • 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.
  • ton: means a net weight of 2,000 pounds avoirdupois. See Delaware Code Title 7 Sec. 4162
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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 7 Sec. 4110
  • 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 7 Sec. 4110
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • 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 7 Sec. 4110
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 6 Sec. 4307
  • Variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind. See Delaware Code Title 7 Sec. 4110
  • 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 7 Sec. 4110
  • Verdict: The decision of a petit jury or a judge.
  • Weed seeds: includes the seeds of all plants generally recognized as weeds within this State and includes noxious weed seeds. See Delaware Code Title 7 Sec. 4110
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 6 Sec. 4307