CHAPTER 275

STATE BOARD OF AGRICULTURE

RELATING TO THE REGULATION AND SALE OF LIVE POULTRY

AN ACT PROVIDING FOR THE REGULATION AND SALE OF LIVE POULTRY IN THE STATE OF DELAWARE BY THE STATE BOARD OF AGRICULTURE; PROVIDING FOR THE LICENSING OF BUYERS IN TWO CLASSES; FORM OF APPLICATION; PROOF OF FINANCIAL RESPONSIBILITY REQUIRED; REVOCATION OF LICENSES; PENALTIES FOR VIOLATION; RIGHT OF APPEAL.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the Members elected to each House concurring therein):

Section 1. Any person, firm or corporation who purchases or attempts to purchase or who negotiates for the purchase of, either as principal, agent or employee, from producers, live poultry, the meat which is intended to be resold and used for human consumption, shall annually apply for a license therefor from the State Board of Agriculture on a form prescribed by the said Board. The fee for such licenses shall be not more than Twenty-Five Dollars ($25.00). There shall be two forms of licenses: (1) A license to be known as a "cash license," permitting the buyer to engage in the business of buying live poultry from a producer for cash only; (2) A license to be known as a "regular license," permitting the buyer to engage in the business of buying live poultry and paying for same with a personal check. The State Board of Agriculture shall issue cash licenses to all applicants found upon investigation to be familiar with the buying and selling of poultry and having a good reputation for fair dealing, honesty and integrity.

The State Board of Agriculture shall issue no regular license as provided in this Act unless and until, along with the qualifications required for the issuance of a cash license, the applicant has submitted to the Board satisfactory evidence of his financial responsibility. The application for a license shall have attached

thereto a financial statement of the applicant, duly sworn to by the applicant, which shall be retained as a part of the records of said Board. Thereafter, should a license be given to the applicant, the State Board of Agriculture shall require a financial statement semi-annually or at more frequent intervals as may be required by the State Board of Agriculture. In the absence of a satisfactory and acceptable financial statement, the applicant may submit to the State Board of Agriculture 'proof of responsibility, as hereinafter provided.

Section 2. 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, not more than One Hundred Thousand Dollars ($100,000.00) as the State Board of Agriculture shall determine. 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 of which shall not be more than One Hundred Thousand Dollars ($100,000.00), to be determined by and satisfactory to the 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 3. The State Board of Agriculture shall issue to all applicants who are licensed under the provisions of this Act, sufficient pre-numbered bill of sale forms, prepared in such manner as shall be prescribed by the State Board of Agriculture. Every buyer licensed under the provisions of this Act shall give to the seller a copy of the bill of sale, showing the number of chickens purchased, the total number of pounds, the payment price per pound and such other information as may be required by the State Board of Agriculture; a copy thereof shall be mailed to the State Board of Agriculture not later than the day

following the date of purchase; the original or a copy thereof shall accompany said poultry while being transported and shall be subject to inspection by any authorized representative of the State Board of Agriculture or any member of the State, County or Municipal police in this State.

Section 4. Any person, persons, firm or corporation convicted of purchasing poultry without a license shall upon conviction thereof be subject to a fine not exceeding Five Thousand Dollars ($5,000.00) or imprisonment for a term not exceeding one (1) year, or both said fine and imprisonment at the discretion of the Court. Any person, persons, firm or corporation having a cash license to purchase poultry who shall purchase poultry in this State without paying cash for the same shall upon conviction thereof be subject to a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment for a term not exceeding one (1) year, or both said fine and imprisonment at the discretion of the Court.

Any person, persons, firm or corporation having a regular license to purchase poultry who shall fail to pay for any poultry so purchased within thirty (30) days thereafter shall be subject to a fine not exceeding Five Thousand Dollars ($5,000.00) or imprisonment for a term not exceeding one (1) year, or both said*fine and imprisonment at the discretion of the Court. Any person licensed to purchase poultry in this State who shall fail to deliver a bill of sale therefor or to give copies thereof to the buyer or to the State Board of Agriculture as hereinbefore provided or who shall fail to have the original or copy thereof accompany said live poultry shall upon conviction thereof be subject to a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days or both said fine and imprisonment at the discretion of the Court.

Section 5. The State Board of Agriculture may revoke the license of any person, persons, firm or corpoiation for the violation of any of the provisions of this Act or of any rule or regulation which may be prescribed by said Board. Notice of revocation shall be sent to the licensee by registered mail setting forth the reason for said revocation and fixing the time for a hearing, should one be desired by the licensee. At said hearing,

should the reason set out in said notice be sustained, the Board may continue said revocation indefinitely or for such other period of time as the Board may deem advisable or may make such other order as it may deem equitable. Any person, persons, firm or corporation affected by the ruling of the State Board of Agriculture may take an appeal within ten (10) days from notification of the board's decision to the Court of General Sessions.

The Court of General Sessions for the several Counties is hereby vested with jurisdiction to hear and determine all such appeals and may by proper rules prescribe the procedure to be followed in such appeals. Every such appeal shall be determined by the Court. Costs may be awarded by the Court in its discretion and when so awarded the same shall be collected as other costs are collected.

Section 6. The State Board of Agriculture may make such rules and regulations as it may deem advisable relative to the enforcement of the provisions of this Act.

Section 7. There is hereby appropriated to the State Board of Agriculture for the purpose of carrying out the provisions of this Act the sum of Five Thousand Dollars ($5,000.00) for the fiscal year beginning on July 1, 1949, and ending on June 30, 1950, and the further sum of Five Thousand Dollars ($5,000.00) for the fiscal year beginning on July 1, 1950, and ending on June 30, 1951.

Section 8. The appropriation under this Act shall be known as a Supplementary Appropriation and all moneys hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated.

Section 9. All Acts or parts of Acts inconsistent herewith are hereby repealed as to such inconsistency only.