CHAPTER 99 - STATE BOARD OF AGRICULTURE REGULATING TRANSPORTATION AND SHIPMENT OF POULTRY

AN ACT TO REGULATE THE TRANSPORTATION AND SHIPMENT OF POULTRY; LICENSE REQUIRED FOR SAW; BOND; REVOCATION OF LICENSE; PENALTY FOR VIOLATION THEREOF.

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

Section 1. The fee for each license required to be paid by any person, firm, partnership or corporation engaged in the business of buying and/or selling live poultry, the meat of which is to be used for human consumption, as required by Chapter 83, Volume 41, Laws of Delaware, 1937, shall not exceed the sum of Twenty-Five Dollars ($25.00), this limitation being in lieu of the One Dollar ($1.00) limitation appearing in Section 1. of said Chapter.

Section 2. The State Board of Agriculture shall issue no license as provided in Chapter 83, Volume 41, Laws of Delaware, 1937, unless and until satisfactory evidence of the financial responsibility of the applicant for a license is furnished to said Board. The application for a license shall have attached thereto a financial statement of the applicant which shall be retained as a part of the records of said Board. It shall be sworn to by the person, member of a firm, partnership, or officer of a corporation, seeking such license. Any false statement contained in such financial statement shall be deemed a False Statement Under Oath and shall be punishable as such under the provisions of 5246. Sec. 2 of Chapter 152, Revised Code of Delaware, 1935.

Section 3. Proof of financial responsibility may be the bond of an approved corporate surety company authorized to do business in this State under the General Laws of this State relating to surety companies. Such bond shall be conditioned for the payment of live poultry purchased in this State, the meat of which is to be used for human consumption, to the owner or owners, person, firm, partnership, or corporation, from whom or which purchased, and shall be in such terms and for such amount up to Twenty Thousand Dollars ($20,000.00) as determined by the State Board of Agriculture. Such proof of financial responsibility may also be evidence presented to the State Board of Agriculture of a deposit by an applicant for license or by .a licensee with the State Treasurer of a sum of money or collateral, the amount or value of such deposit of money or collateral to be determined by and satisfactory to, said State Board of Agriculture. The State Treasurer shall accept any such deposits and issue receipts therefor. Additional evidence of financial responsibility shall be furnished to the Board at any time upon its request.

Section 4. Such bond, money or collateral shall be held by the said State Board of Agriculture or State Treasurer, as the case may be, to satisfy any judgment obtained and/or execution issued against any licensee because of failure to pay for live poultry, the meat of which is to be used for human consumption, purchased in this State from resident owners thereof. A reasonable sum, not exceeding Ten Dollars ($10.00), may be charged by said Board for investigation of any collateral or bond filed as herein provided. Every person selling live poultry to a licensee under this Act is hereby authorized to maintain an action on a bond filed as herein provided for his own use in the name of the State in any court of competent jurisdiction for the recovery of such sum or sums of money as may be due to said person from the licensee for the live poultry so purchased. The word "person" within the meaning of this Act shall embrace individuals, firms, partnerships and corporations.

Section 5. Such deposit of money or collateral shall be withdrawn by a licensee or his legal representative only as herein provided. The State Treasurer may make withdrawals from said deposit upon the order of any court of record of the State of Delaware issued upon a final judgment, to pay any claim reduced to final judgment by such court in an action brought against a licensee by a seller of live poultry to be used for human consumption. In the event of such withdrawal, the person, firm or corporation making such deposit shall replace the money or collateral withdrawn before making further purchases of live poultry in the State. When the holder of a license as herein required ceases to be a licensee for any cause, the State Treasurer may return to him his deposit of money or collateral at the end of six months after he ceases to be a licensee if no notice has been filed with the State Treasurer of any claim pending against him or it in a Court of record in this State growing out of the purchase by said licensee of live poultry as herein described.

Section 6. The State Treasurer may collect the interest, dividends and profits upon securities deposited as collateral for the benefit of the depositor thereof and may accept substitutes of other securities of equally good character and value subject to the approval of the State Board of Agriculture. The State Treasurer is authorized and empowered to sell securities deposited as collateral as aforesaid when ordered by any court of record of the State of Delaware after final judgment obtained to withdraw money or collateral to pay claims as aforesaid, if such action is necessary to obtain funds for such payment.

Section 7. The State Board of Agriculture is hereby authorized and empowered to make reasonable rules and regulations not inconsistent herewith to aid in carrying out the purposes of this Act. Such rules and regulations shall have the force and effect of laws of this State.

Section 8. The provisions of this Act are intended to be supplementary to the provisions of Chapter 83, Volume 41, Laws of Delaware.

Section 9. If any clause, sentence, or paragraph or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Approved April 24, 1945.