CHAPTER 690

AN ACT TO AMEND CHAPTER 19, TITLE 3, DELAWARE CODE, RELATING TO LIMING MATERIALS.

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

Section 1. Chapter 19, Title 3, Delaware Code, is repealed and a new Chapter 19, Title 3, Delaware Code, is substituted therefor as follows:

CHAPTER 19. LIMING MATERIALS

§ 1901. Title

This Act shall be known as "The Delaware Agricultural Liming Materials Act."

§ 1902. Enforcing agency

This Act shall be administered by the State Board of Agriculture of the State of Delaware, hereinafter referred to as the "Board."

§ 1903. Definitions of words and terms

(a) "Agricultural liming materials" means all suitable materials containing calcium or magnesium in chemical form, physical condition and quantity capable of neutralizing soil acidity.

(b) "Limestone" means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.

(1) "Calcitic Limestone" shall derive a minimum of 36% calcium from calcium carbonate and the calcium carbonate equivalent shall not be less than 90%.

(2) "Dolomitic Limestone" shall derive a minimum of 10% of its neutralizing value from magnesium carbonate and a minimum of 20% calcium from calcium carbonate and calcium carbonate equivalent of 90%.

(c) "Burnt Lime" means a material, made from limestone which consists essentially of calcium oxide or combination of calcium oxide with magnesium oxide.

(d) "Hydrated Lime" means a material, made from lime, which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and/or magnesium hydroxide.

(e) "Brand" means the term, designation, trademark or other specific designation under which an individual agricultural liming material is offered for sale.

(f) "Fineness" means the percentage by weight of the material which will pass sieves of specified sizes. The fineness shall be measured in reference to 10 mesh and 60 mesh sieves of United States Standard designation.

(g) The fineness guarantee is defined as

(1) minimum percentage passing through a 10 mesh sieve.

(2) minimum percentage passing through a 60 mesh sieve.

Provided, however, that in lieu of (g) of this section, the Board may in its regulations set minimum standards for fineness for various grades of liming materials, and such grades, when stated, shall become the minimum guarantees of the liming materials so labeled.

(h) "Ton" means a net weight of 2,000 pounds avoirdupois.

(i) "Percent" or "percentage" means by weight.

(j) "Bulk" means in nonpackaged form.

(k) "Label" means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments.

(1) "Person" means individual, partnership, association, firm or corporation.

§ 1904. Labeling

(a) Agricultural liming materials sold, offered or exposed for sale in the State shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:

(1) The name and principal office address of the manufacturer or distributor.

(2) The brand or trade name of the material.

(3) The identification of the product as to the type of the agricultural liming material.

(4) The net weight of the agricultural liming material.

(5) The minimum percentage of calcium and magnesium.

(b) No information or statement shall appear on any package, label or delivery slip which is false or misleading to the purchaser as to the quality, analysis, type or composition of the agricultural liming material.

(c) In the case of any material which has been adulterated subsequent to packaging, labeling or loading thereof and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration therein.

(d) At every site from which agricultural liming materials delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each product.

(e) At any time after July 1, 1970, when the Board finds after public hearing following due notice that the requirements for expressing the guaranteed analysis of calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of liming materials by reason of conflicting labeling requirements among the States, the Board may require by regulation thereafter that the "guaranteed analysis" shall contain the following:

(1) The minimum percentages of calcium (Ca) and magnesium (Mg) in elemental form and calcium carbonte equivalent.

§ 1905. Prohibitions

(a) No agricultural liming material shall be sold or offered for sale in this State unless it contains the minimum of calcium and magnesium, as stated in § 1903 (b), (1) and (2).

(b) No agricultural liming material shall be sold or offered for sale in this State which contains toxic materials in quantities injurious to plants.

§ 1906. Registration

Before any person shall sell, offer or expose for sale in this State any agricultural liming material, he shall for each separately identified product file annually with the Board on forms supplied by the Board or his authorized agent an application for registration of each such product setting forth the information required by § 1904.

§ 1907. Registration fees

Each application filed pursuant to § 1906 shall be accompanied by an annual registration fee of $10.00 per product. Upon compliance with the provisions of the Act, the registration shall be approved for the period ending on June 30 of the year next following that in which it was issued. No person shall be required to register any agricultural liming material for which a certificate of registration has been filed by the manufacturer or other person responsible for the material.

§ 1908. Inspection fees

Within the 30-day period following June 30 and December 31 of each year, each registrant shall submit on a form furnished by the Board or his authorized agent a semi-annual statement setting forth the number of net tons of each agricultural liming material sold by him for use in the State during the previous 6-month period. Such statement shall be accompanied by payment of the inspection fee at the rate of 5 cents per ton. Such reports shall be confidential and no information therein shall be disclosed or published in any matter that will reveal the operation of any registrant.

§ 1909. Sampling; analysis

The Board is hereby empowered and it shall be the duty of his agent to sample agricultural liming materials, to analyze them and to report to the registrant the results of its analysis. Results shall become official and public after 10 days. The Board or his authorized agent shall for the purpose of taking samples have full access during business hours to all places wherein agricultural liming materials are offered for sale. Methods of sampling and analysis shall be taken from among such sources as those recognized by the Association of Official Analytical Chemists. Upon written notice, the Board or his agent may remove from sale any lot of agricultural liming material until it has been determined that the material is in full compliance with this Act.

§ 1910. Penalties

Any person convicted of violating any provisions of this Act or the rules and regulations promulgated thereunder shall be subject to a penalty of not less than $50 nor more than $200 to be enforced by summary proceedings in a court of competent jurisdiction. Nothing in this Act shall be construed as requiring the Board or his authorized agent to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the Act when he believes that the public interest will best be served by a suitable written warning.

§ 1911. Assessment for deficiency

If the analysis of any agricultural liming material shall fall as much as or more than ten percent in value below the value of the manufacturer's guarantee, the State Board of Agriculture shall assess twice the value of such deficiency against the manufacturer, dealer or agent who sold such agricultural liming material. The assessment shall be based upon the selling price of such agricultural liming material, and the State Board of Agriculture shall require the manufacturer, dealer or agent to make good such assessment to all persons who purchased such lot of agricultural liming material from which such deficient sample or samples were drawn, take receipt therefor and forward same promptly to the State Board of Agriculture. If the purchaser or purchasers cannot be found, the amount of such assessment shall be paid to the State Board of Agriculture who shall transfer such funds to the State Treasurer to be credited to the General Fund of this State.

The State Board of Agriculture may seize any agricultural liming material belonging to such manufacturer, dealer or agent, if the assessment shall not be paid within three months after notice to such manufacturer, dealer or agent has been given by the State Board of Agriculture.

§ 1912. Rules and regulations

The Board after reasonable notice and hearing is empowered to promulgate and enforce rules and regulations for the administration of this Act and to grant exemptions from specific requirements of this Act as, from time to time, may be deemed necessary. This Act shall take effect July 1, 1970. However, registrants shall be allowed not more than 1 year to use existing inventories of labeling materials.

§ 1913. Publications

The Board shall publish at least semi-annually, in such forms as he may deem proper, a report of the results of the analyses of official samples of liming materials sold within the State as compared with the analyses guaranteed in the registration and on the label.

§ 1914. Delegation of duties

All authority vested in the State Board of Agriculture by virtue of the provisions of this Act may with like force and effect be executed by such employees of the State Board of Agriculture as may be designated for said purpose.

§ 1915. Repeal

All laws and parts of law in conflict with or inconsistent with the provisions of this Act are hereby repealed.

Approved July 7, 1970.