TITLE 3

Agriculture

Department of Agriculture

CHAPTER 3. MARKETING


The Department of Agriculture shall:

(1) Investigate the cost of production and marketing in all its phases;

(2) Gather and disseminate information concerning supply, demand, prevailing prices, and commercial movements, including common and cold storage of food products;

(3) Promote, assist and encourage the organization and operation of cooperative and other associations and organizations for improving the relations and services among producers, distributors and consumers of food products;

(4) Investigate the practice and methods and any specific transactions of commission merchants and others who receive, solicit, buy, handle on commission, or otherwise, food products;

(5) Act as mediator or arbitrator, when invited, in any controversy or issue that arises between producers and distributors and which affects the interest of the consumer;

(6) Act on behalf of the consumer in conserving and protecting the consumer's interests against excessive prices;

(7) Act as market adviser for producers and distributors, assisting them in economical and efficient distribution of food products at fair prices;

(8) Encourage the establishment of retail municipal markets and develop direct dealing between producers and consumers;

(9) Encourage the consumption of Delaware grown products within the State;

(10) Inspect and determine the grade and condition of farm produce both at collecting and receiving centers; and

(11) Take such means and use such powers, relative to shipment, transportation and storage of foodstuffs of any kind, as may be necessary and as it deems advisable or desirable in case of an emergency creating or threatening to create a scarcity of food within the State.

Code 1915, § 697I; 32 Del. Laws, c. 33, § 8; 33 Del. Laws, c. 50; Code 1935, § 624; 3 Del. C. 1953, § 302; 57 Del. Laws, c. 764, § 2B; 70 Del. Laws, c. 186, § 1.;

(a) The Department of Agriculture may:

(1) Make rules and regulations for the grading, packing, handling, storage and sale of all food products within the State, not contrary to law;

(2) Enforce its rules and regulations by actions or proceedings in any court of competent jurisdiction;

(3) Provide official inspection upon request, to fix according to established trade custom; and collect fees for such inspection of farm products, and issue certificates showing the grade or other classification of such product at the time of inspection, which certificates shall be accepted in any court in this State as evidence of the true grade or other classification at the time inspected; and

(4) Provide testing of feeds, fertilizers, liming materials, frozen desserts, milk and milk products for the public and charge for the cost of these services.

(b) The fees collected by the Department of Agriculture for its inspection service shall be paid into the State Treasury and the State Treasurer shall deposit the same to the credit of a special fund entitled "Department of Agriculture Inspection Fund," from which necessary expenses of the Department of Agriculture for fruit, vegetable, poultry and grain inspections and the testing of feeds, fertilizers, liming materials, frozen desserts, milk and milk products shall be paid, upon proper vouchers signed by the Secretary of the Department of Agriculture. The Department of Agriculture's Inspection Fund shall be a revolving fund and no funds deposited therein shall revert to the General Fund of the State Treasury, except for funds appropriated by the 117th General Assembly to begin said Fund, which funds shall be paid back to the State Treasurer out of said Department of Agriculture's Inspection Fund on or before June 30, 1955. The Department of Agriculture shall annually, on or before January 31st, make a report to the Governor of all income and expenditures made from said Fund. A copy of said reports shall be given biannually, on or before January 31st, to the members of the General Assembly.

33 Del. Laws, c. 50; Code 1935, § 624; 3 Del. C. 1953, § 303; 49 Del. Laws, c. 367, § 1; 57 Del. Laws, c. 601; 57 Del. Laws, c. 764, §§ 2B-D; 66 Del. Laws, c. 78, §§ 1, 2.;

All expenses incurred by the Department of Agriculture in the performance of its duties and powers except as provided by subsection (b) of § 302 of this title, shall be paid from funds appropriated for use of the Department of Agriculture.

Code 1915, § 697I; 32 Del. Laws, c. 33, § 8; 33 Del. Laws, c. 50; Code 1935, § 624; 3 Del. C. 1953, § 304; 49 Del. Laws, c. 367, § 2; 57 Del. Laws, c. 764, §§ 2B, D.;

Federal certificate clerks, federally licensed grain inspectors, and other federally licensed inspectors and graders who are permanent state employees, whether or not the State is reimbursed by the federal government for their services, shall be classified employees subject to Chapter 59 of Title 29.

59 Del. Laws, c. 555, § 2.;

(a) There is established a Delaware Agriculture Marketing Fund to which shall be credited all funds appropriated by the General Assembly of this State for the administration of this chapter, and all funds received through the sale of promotion and marketing products under this chapter.

(b) All revenues derived from the sale of promotion and marketing products under the administration of the Delaware Department of Agriculture shall be paid to the State Treasurer and credited to the Delaware Agriculture Promotion Fund for use in connection with agricultural promotion or marketing.

65 Del. Laws, c. 166, § 1.;