CHAPTER 314

AN ACT TO ADD A NEW CHAPTER TO TITLE 3, DELAWARE CODE, TO BE CALLED CHAPTER 67, TO REGULATE THE DISTRIBUTION OF BIOLOGICAL PRODUCTS CONTAINING LIVING, ATTENUATED OR KILLED ORGANISMS OR VIRUSES FOR THE TREATMENT OR PREVENTION OF DISEASES OF POULTRY.

Be it enacted by the General Assembly of the State of Delaware:

§ 6701. Definitions

For the purpose of this Title, unless the context otherwise requires—

"Board" means the State Board of Agriculture.

"Person" includes individual, partnership, corporation, cooperative or association.

"Distribute" means to offer for sale, sell, barter or otherwise supply biologicals.

"Distributor" means any person who distributes. "Sell" or "sale" includes exchange.

"Biological product" means living, attenuated or killed organisms or viruses for the treatment or prevention of diseases of poultry.

"Safety" means that the biological product is not harmful for the purposes intended.

"Potency" means that the biological product possesses sufficient power to protect poultry against the disease or diseases represented by the registrant.

§ 6702. Registration

(a) Each biological product shall be registered with the Board before being distributed in this State. The application for registration shall be submitted on forms furnished by the Board and, if the Board so requests, shall be accompanied by three complete packages of biological product and/or a label or other printed matter describing the product. Upon acceptance by the Board, a certificate of registration shall be furnished to the applicant permitting the sale or distribution of the biological product. All registrations shall expire on July 1 of each year.

(b) The safety and potency requirements for each product for which registration is sought shall be the standards or requirements established or approved by the United States Department of Agriculture.

If no- such standards have been set by the United States Department of Agriculture, then the applicant shall state on his application for registration the minimum potency of the products as on file with the United States Department of Agriculture. In the event that no minimum potency of the product is on file with the United States Department of Agriculture, the applicant shall state the minimum potency of the product.

() A distributor shall not be required to register any biological product which is already registered under this Act by another person.

(a) The Board is empowered to refuse registration of any application not in compliance with the established safety and potency requirements, and it may cancel any registration subsequently found not to be in compliance; provided, however, that no registration shall be refused or cancelled until the registrant shall have been given an opportunity to be heard before the Board and to amend his application in order to comply with the requirements of the Act.

(b) Any registrant whose application for registration has been refused or whose registration is cancelled shall have a right of appeal from the decision of the Board to the Superior Court of the State of Delaware; provided, however, that any appeal shall be made within 15 days from the date of the refusal or cancellation.

(f) The Board shall notify in writing the applicant or registrant of its refusal to register any product or of the cancellation of any registration giving the reasons therefor in each instance.

(g) For each biological product registered, the Board shall charge a fee of $10.00.

§ 6703. Reports

A report of sale or distribution of the biological product may be required when the Board deems it to the best interest of the State and the poultry industry. However, no disclosure shall be made of the operation of any person.

§ 6704. Penalties

(a) Any person failing to comply with the provisions of this Act shall be fined not less than $100.00 or more than $1000.00. The Board may apply for and the Court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provisions of this Act.

(b) Any person who knowingly buys, receives or uses any product not registered in accordance with this Act shall be fined not less than $100.00 or more than $1000.00.

(c) Any member or employee of the Board, who improperly discloses any knowledge or information acquired in the performance of his duties under this Act shall be fined not less than $100.00 or more than $1000.00.

§ 6705. Effective Date

This Act shall take effect and be in force 6 months after its enactment.

Approved January 10, 1962.