CHAPTER 67

STATE BOARD OF AGRICULTURE

PURCHASE AND SALE OF LIMA BEANS, PEAS, ETC.

AN ACT REGULATING THE PURCHASE AND SALE IN THIS STATE OF LIMA BEANS, PEAS OR OTHER VEGETABLES FOR CANNING OR PROCESSING, OR ANY OTHER KINDRED PURPOSE WHATEVER.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Whenever any lima beans, peas or other leguminous vegetables are purchased and sold in this State for canning or processing or any other kindred purpose whatever, either within or without this State, and one of the factors determining the purchase price to be paid therefor is the weight or measure thereof, after being severed and/or hulled from the vines, then in all such instances the weight or measure thereof, as the case may be, shall be determined according to standard weights and measures established by the appropriate Laws of this State with reference thereto. Such weight or measure, as the case may be, shall, in all such instances, be determined openly and, should he so require, in the presence of the seller or the seller's representative. Such weight or measure, as the case may be, shall, in all such instances, be determined at the place or Viner Station which such lima beans, peas or other leguminous vegetables, as aforesaid, are vined and/or hulled.

Section 2. Whenever any lima beans, peas or other leguminous vegetables are purchased and sold in this State for canning or processing or any other kindred purpose whatever, either within or without this State, and one of the factors determining the purchase price to be paid therefor is the grade or classification thereof according to the state of ripeness or over-ripeness, green appearance or white and dark appearance, then in all such instances the grade or classification thereof, by grade, scale, sample, percentage by count, or otherwise, as the case may be, shall be determined openly and, should he so require, in the presence of the seller or seller's representative. Such grade or classification thereof, as aforesaid, shall, in all such instances, be determined at the place or Viner Station where such lima beans, peas or other leguminous vegetables, as aforesaid, are vined and/or hulled without delay after a given load or delivery of such lima beans, peas or other leguminous vegetables, as the case may be, has been vined and/or hulled.

Section 3. Any person, firm or corporation, and any employee, servant or agent of any person, firm or corporation, who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished for the first offense by a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00) or by imprisonment of not more than ten (10) days or by both fine and imprisonment in the discretion of the Court and for the second and each subsequent offense to be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00), or by imprisonment for not more than two (2) months, or by both fine and imprisonment in the discretion of the Court.

Approved April 2, 1943.