CHAPTER 282

FORMERLY

SENATE BILL NO. 120

AN ACT TO AMEND TITLE 3, OF THE DELAWARE CODE RELATING TO DEALERS IN AGRICULTURAL PRODUCTS

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (Two-thirds of all members elected to each house thereof concurring therein):

Section I. Amend § 2511, Title 3 of the Delaware Code by deleting present § 2511 in its entirety and substituting in lieu thereof the following:

"(a) The Secretary shall have the power to issue an order to any person violating any

provision of this chapter to cease and desist from such violation; provided, that any cease and desist order issued pursuant to this section shall expire ( I) after ninety (90) days of its issuance. or (2) upon withdrawal of said order by the Secretary, or (3) when the order is suspended by an injunction, whichever should first occur.

(b) Whoever violates this chapter, or an order of the Secretary, shall be punishable as

follows:

(I) For the first offense, be lined not less than $500 nor more than $1,000, or be confined in jail for a period not exceeding six (6) months, or both;

(2) Upon conviction of a second offense shall be fined not less than $2,000 nor more than $5,000, or be confined in jail for a period not exceeding one ( 1 ) year, or both, in the discretion of the court.".

This bill grants the Secretary of Agriculture the authority to issue cease and desist orders to those who are operating as dealers in agricultural products without procuring the necessary license from the Department of Agriculture.

Author: Sen.

Approved July 27, 1995