TITLE 3

Agriculture

Department of Agriculture

CHAPTER 6. DELAWARE VITICULTURE ACT


This chapter shall be known and may be cited as the "Delaware Viticulture Act."

68 Del. Laws, c. 338, § 1.;

The General Assembly finds and declares it to be in the interest of the general welfare and economic prosperity of the State to have a comprehensive and ongoing program to promote and encourage viticultural activities. The General Assembly further declares viticulture an agricultural activity and that the Department of Agriculture shall coordinate viticultural activities in the State.

68 Del. Laws, c. 338, § 1.;

As used in this chapter:

(1) "Department" means the Department of Agriculture.

(2) "Commission" means the Alcoholic Beverage Control Commission.

(3) "Secretary" means the Secretary of the Department of Agriculture.

(4) "Viticulture" means the cultivation, production or marketing of any grape variety that is cultivated, produced or marketed as a cultivated crop in this State.

68 Del. Laws, c. 338, § 1.;

The Department shall develop and implement a technical assistance program to assist the owners and operators of viticultural facilities and to promote Delaware viticulture products. This program will be done in conjunction with, and shall be consistent with, the Department's responsibilities as defined in § 103 of this title. The Department's program shall include, but not be limited to, the following:

(1) Maintain a complete list of viticulturalists engaged in the production of any viticultural product for the purpose of certifying those viticulturists as bonafide Delaware viticulture producers.

(2) Develop and administer procedures for possession, processing, sale, delivery, transportation or exporting of viticulture products that comply with all federal and state laws, except where production of viticulture products into wine is regulated by the Commission.

(3) Encourage the viability and profitability of viticulture operations and to promote the consumption of Delaware-grown viticulture products within and outside the State.

68 Del. Laws, c. 338, § 1.;

A Delaware Viticulture Council is hereby created for the purposes of assisting the Department with the enhancement and promotion of viticulture activities and operations within the State. Duties of the Council shall include, but not be limited to, the following:

(1) Examine the impact of laws and regulations on the viticulture industry and recommend to the Secretary methods to simplify regulatory processes or otherwise enhance the regulatory climate with respect to the efficient siting and operation of viticulture operations;

(2) Examine the viticulture incentive programs used by other states, determine those programs used, determine programs that would best enhance viticulture operations and report to the Secretary on what actions are required to address these needs;

(3) Examine research and educational needs as they relate to the improvement of management and operations of viticulture operations and report to the Secretary on what actions are required to address these needs;

(4) Respond to requests of the Secretary to examine other issues relating to the enhancement of viticulture activities and operations in Delaware.

The Council shall be composed of no less than 12 members. Members shall include:

(1) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary's designee;

(2) The Director of the Delaware Economic Development Office or the Director's designee;

(3) A representative of the University of Delaware to be appointed by the President of the University;

(4) A representative of Delaware State University to be appointed by the President of the University;

(5) A representative of the Delaware Farm Bureau to be appointed by the President of the Delaware Farm Bureau;

(6) Three individuals that are actively involved in commercial viticulture activities or operations to be appointed by the Chairperson of the Council;

(7) Three individuals with an interest in viticulture activities to be appointed by the Chairperson of the Council.

The Secretary shall act as chairperson of the Council, or may appoint a designee.

68 Del. Laws, c. 338, § 1; 69 Del. Laws, c. 67, § 2; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 186, § 1.;