CHAPTER 4

STATE BOARD OF AGRICULTURE

RELATING TO THE REGULATION AND SALE OF LIVE POULTRY

AN ACT TO AMEND CHAPTER 275, LAWS OF DELAWARE, 1949, ENTITLED "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" BY PROVIDING FOR THE SUBMISSION OF WRITTEN MEMORANDA RATHER THAN A BILL OF SALE TO THE GROWERS OF LIVE POULTRY BY THE PURCHASERS OF LIVE POULTRY.

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

Section 1. That Chapter 275, Laws of Delaware, 1949, be amended by striking out and deleting Section 3 thereof, and by inserting in lieu thereof a new section to be known as "Section 3," as follows:

"Section 3. Every buyer licensed under the provisions of this Act shall give to each seller and to the State Board of Agriculture written memoranda setting forth such information relative to each transaction as may be required by the State Board of Agriculture; 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 2. That Chapter 275, Laws of Delaware, 1949, be amended by striking out and deleting the words "bill of sale" as found in the eighth line of the second paragraph of Section 4, and by inserting in lieu thereof, the words "Written memoranda."

Section 3. That Chapter 275, Laws of Delaware, 1949, be amended by striking out and deleting the word "buyer" as found in the ninth line of the second paragraph of Section 4, and by inserting in lieu thereof, the word "seller."

Section 4. That Chapter 275, Laws of Delaware, 1949, be amended by adding a new Section to be entitled "Section 10" as follows:

"Section 10. If any clause, sentence, section, provision or part of this Act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not impair, invalidate or affect the remainder of this Act, which shall remain in full effect."

Approved November 4, 1949.