CHAPTER 68

AN ACT TO AMEND TITLE 3, DELAWARE CODE, BY ADDING THERETO CHAPTER 16 RELATING TO GRAIN TESTING DEVICES.

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

Section 1. Title 3, Delaware Code, is hereby amended by adding thereto Chapter 16 as follows:

CHAPTER 16. GRAIN TESTING DEVICES

§ 1601. Definitions

As used in this Act "Board" means the State Board of Agriculture. "Devices" means Grain Moisture Testing Devices.

§ 1602. Registration and approval

(a) All grain moisture testing devices shall be registered with the Board on forms supplied by the Board. The devices used in buying grain shall be required to pass such inspections at any time as the Board may determine ; provided, however, that such inspection shall be made at the dealer's place of business. Upon approval, they shall bear a seal of approval permitting their use.

(b) Devices not meeting approval of the Board shall be removed from service and repaired.

§ 1603. Installation and operation

(a) The devices shall be installed in such a position that there are no vibrations of indicating dials. Devices with moving parts shall be properly oiled and all devices shall be kept relatively free of dust and dirt.

(b) The devices shall be operated according to the manufacturers instructions or by instructions issued by the Board.

§ 1604. Licensed operator of devices; qualifications; fee; renewal of license

Every person engaged in the business of buying grain shall have licensed operators of moisture testing devices. A licensed operator shall be required to furnish satisfactory evidence of good character and pass an examination conducted by the Board or its agents on the operation of the device. Upon approval and payment of a fee of $2.00, the Board shall issue a license to the applicant for one calendar year. The license shall be renewed annually without further examination, if the duties have been performed satisfactorily and upon payment of the fee of $2.00. The license shall be posted in full view of the public.

§ 1605. Violations and penalties

Whoever violates any of the provisions of this Act shall be fined not more than $10.00 for the first violation and not less than $25.00 nor more than $100.00 for each subsequent violation.

§ 1606. Enforcement; administrative rules and regulations

The State Board of Agriculture may enforce the provisions of this Act and prescribe and enforce administrative rules, regulations, and definitions and standards which shall be in harmony with the provisions of this Act.