TITLE 3

Agriculture

Regulatory Provisions

CHAPTER 15. SEEDS


As used in this chapter:

(1) "Person" includes any individual, partnership, corporation, company, society or association.

(2) "Agricultural seed" includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this State as agricultural seeds, lawn seeds and mixes of such seeds, and may include noxious weed seeds when the Department determines that such seed is being used as agricultural seed.

(3) "Vegetable seeds" includes the seeds of those crops which are grown in gardens or truck farms and are generally known and sold under the name of vegetable seeds in this State.

(4) "Flower seeds" includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this State.

(5) "Tree and shrub seeds" includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State.

(6) "Weed seeds" includes the seeds of all plants generally recognized as weeds within this State and includes noxious weed seeds.

(7) "Noxious weed seeds" are divided into two classes, "prohibited noxious weed seeds" and "restricted noxious weed seeds" as defined in sub-subdivisions a. and b. of this subdivision:

a. "Prohibited noxious weed seeds" are the seeds of perennial weeds that not only reproduce by seed but also spread underground roots, stems and other reproductive parts, and which when well established, are highly destructive and difficult to control in this State by ordinary good cultural practice. Prohibited noxious weed seeds in this State are the seeds of:

1. Cirsium arvense, Canada thistle;

2. Agropyron repens, Quackgrass;

3. Sorghum specie, Johnson grass, Perennial Sweet Sudan Grass, Sorghum Almum and hybrids derived therefrom; and such other seeds or bulblets as the Department from time to time may designate as prohibited noxious seeds in the public interest.

b. "Restricted noxious weed seeds" are the seeds of such weeds as are very objectionable in fields, lawns and gardens of this State, but can be controlled by good cultural practices. Restricted noxious weed seeds in this State are the seeds of:

1. Cuscuta spp., Dodder;

2. Convolvulus arvensis, Bindweed;

3. Allium spp., Wild onion, Wild garlic;

4. Agrostemma githago, Corn Cockle;

5. Solanum Carolinense, Horse nettle;

6. Bromus secalinus, Cheat or Chess;

7. Poa Annua, Annual Bluegrass;

8. Setari faberi, Giant Foxtail;

and such other seeds or bulblets as the Department from time to time may designate as restricted noxious seeds in the public interest.

(8) "Labeling" includes all labels, and other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices.

(9) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this chapter.

(10) "Record" includes all information relating to the shipment or shipments involved and a file sample of each lot of seed. For tree and shrub seed, the record will also include all documents supporting the statement of origin and elevation of the seed.

(11) "Stop sale" means an administrative order provided by law, restraining the sale, use, disposition and movement of a definite amount of seed.

(12) "Seizure" means a legal process carried out by court order against a definite amount of seed.

(13) "Kind" means 1 or more related species or subspecies which singly or collectively is known by 1 common name, for example, corn, oats, alfalfa and timothy.

(14) "Variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind.

(15) "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.

(16) "Hybrid" first means the first generation seed of a cross produced by controlling the pollination and by combining:

a. 2 or more inbred lines;

b. 1 inbred or a single cross with an open pollinated variety; or

c. 2 varieties or species, except open pollinated varieties of corn (Zea mays). The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety means.

(17) "Pure seed," "germination," and other seed labeling and testing terms in common usage shall be defined as in the Rules for Testing Seeds published by the Association of Official Seed Analysts, effective July 1, 1955, and as subsequently amended.

(18) "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

(19) "Treated" means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

(20) A "private hearing" may consist of a discussion of facts between the person charged and the enforcement officer.

(21) "Certifying agency" means:

a. an agency authorized under the laws of a state, territory, or possession to officially certify seed; or

b. an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under sub-subdivision a. of this subdivision.

(22) "Certified seed," "registered seed" or "foundation seed" means seed that has been produced and labeled in accordance with the procedures and in compliance with the requirements of an official certifying agency.

(23) "List by Predominance" shall have the same meaning as defined in the rules and regulations under this chapter.

(24) "Tree seed collector's declaration" is a statement signed by a grower or person having knowledge of the place of collection for a lot of seed, giving the lot number, common or scientific name of the species (and subspecies, if appropriate), origin, elevation and quantity of tree and shrub seed.

(25) "Origin" for an indigenous stand of trees is the area on which the trees are growing; for a nonindigenous stand, it is the place from which the seeds as plants were originally introduced.

36 Del. Laws, c. 91, §§ 1, 3, 11; Code 1935, §§ 655, 657, 665; 44 Del. Laws, c. 66, §§ 1, 2; 3 Del. C. 1953, § 1501; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; 65 Del. Laws, c. 104, § 1.;

Each container of agricultural, vegetable and flower seeds which is sold, offered for sale or exposed for sale, or transported within this State for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the following information, which statement shall not be modified or denied in the labeling or on another label attached to the container:

(1) For all agricultural, vegetable and flower seeds treated as defined in this chapter (for which a separate label may be used):

a. A word or statement indicating that the seed has been treated;

b. The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used;

c. If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as "Do not use for food, feed or oil purposes." The caution for mercurials and similarly toxic substances shall be a poison statement or symbol;

d. If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).

(2) For agricultural seeds, except for grass seed mixtures as provided in subdivision (3) of this section:

a. The name of the kind, or kind and variety for each agricultural seed component present in excess of 5% of the whole and the percentage by weight of each in the order of its predominance; provided, that if the variety of those kinds generally labeled as to variety as designated in the regulations is not stated, the label shall show the name of the kind and the words, "Variety Not Stated." Hybrids shall be labeled as hybrids. Where more than 1 component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label;

b. Lot number or other lot identification;

c. Origin (state or foreign country), if known, of alfalfa, red clover and field corn (except hybrid corn). If the origin is unknown, the fact shall be stated;

d. Percentage by weight of all weed seeds;

e. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present singly or collectively in any amount whatsoever; provided, however, that the amount does not exceed 160 per pound in Group 1 and 10 per pound in Group 2. Except in lawn or turf seed, Poa Annua shall not exceed 256 per pound.

Group 1: Agropyron spp., Agrostis spp., alfalfa, Bermuda grass, Brassica spp., orchard grass, alsike and white clover, crimson clover, Dallis grass, fescues, flax, foxtail millet, lespedezas, poa spp., red clover, reed canary grass, Rhodes grass, rye-grass, sweet clover, smooth brome, timothy, and other agricultural seeds of similar size and weight, or mixtures within this group.

Group 2: Barley, buckwheat, oats, proso, rye, sorghums, Sudan grass, vetches, wheat and other agricultural seeds of a size and weight similar to or greater than those within this group, or any mixtures within this group.

f. Percentage by weight of agricultural seed (which may be designated as "crop seeds") other than those required to be named on the label;

g. Percentage by weight of inert matter;

h. For each named agricultural seed:

1. Percentage of germination, exclusive of hard seed;

2. Percentage of hard seed, if present;

3. The calendar month and year the test was completed to determine the percentages.

Following subparagraphs 1. and 2. of this paragraph the "total germination and hard seed" may be stated as such, if desired.

i. Name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this State;

(3) For seed mixtures for lawn and/or turf purposes in containers of 50 pounds or less.

a. The word "mixed" or "mixture."

b. List as follows:

1. Common accepted name, in order of its predominance, of the kind, or kind and variety of each agricultural seed present in excess of 5% of the whole;

2. Percentage by weight of pure seed of each agricultural seed named;

3. For each agricultural seed named under clause 1. of this sub-subdivision:

A. Percentage of germination, exclusive of hard seed;

B. Percentage of hard seed, if present;

C. Calendar month and year the test was completed to determine the percentages.

c. The heading "other ingredients" and thereunder in type no larger than the heading;

1. Percentage by weight of all weed seeds;

2. Percentage by weight of all agricultural seeds other than those stated under subparagraph 1. of this paragraph;

3. Percentage by weight of inert matter;

d. Lot number or other lot identification;

e. Name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

f. Name and address of the person who labeled the seed or who sells, offers or exposes the seed for sale within this State;

g. Net weight.

(4) For vegetable seeds in containers of 1 pound or less:

a. Name of kind and variety of seed;

b. For seeds which germinate less than the standard last established by the Department under this chapter:

1. Percentage of germination, exclusive of hard seed;

2. Percentage of hard seed, if present;

3. The calendar month and year the test was completed to determine the percentages;

4. The words "below standard" in not less than 8-point type; and

c. Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State;

(5) For vegetable seeds in containers of more than 1 pound:

a. The name of each kind and variety present in excess of 5% and the percentages by weight of each in order of its predominance;

b. Lot number or other lot identification;

c. For each named vegetable seed:

1. The percentage germination, exclusive of hard seed;

2. The percentage of hard seed, if present;

3. The calendar month and year the test was completed to determine the percentages.

Following subparagraphs 1. and 2. of this paragraph the "total germination and hard seed" may be stated as such if desired.

d. Name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this State;

e. The labeling requirements for vegetable seeds in containers of more than 1 pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser;

(6) For flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in preplanted containers, mats, tapes or other planting devices:

a. For all kinds of flower seeds:

1. The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules and regulations promulgated under this chapter;

2. The calendar month and year the seed was tested or the year for which the seed was packaged; and

3. The name and address of the person who labeled the seed, or who sells, offers, or exposes the seed for sale within this State.

b. For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard last established under this chapter:

1. The percentage of germination, exclusive of hard seed, and

2. The words "below standard" in not less than 8-point type.

c. For seeds placed in a germination medium, mat, tape, diluent or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, diluent or device, a statement to indicate the minimum number of viable seeds in the container;

(7) For flower seeds in containers other than packets prepared for use in home flower gardens or household planting and other than preplanted containers, mats, tapes, or other planting devices:

a. The name of the kind and variety or a statement of type and performance characteristics as prescribed in rules and regulations promulgated under this chapter;

b. The lot number or other lot identification;

c. The calendar month and year that the seed was tested or the year for which the seed was packaged;

d. The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State; and

e. For those kinds of seeds for which standard testing procedures are prescribed:

1. The percentage germinated, exclusive of hard seed; and

2. The percentage of hard seed, if present.

36 Del. Laws, c. 91, § 2; Code 1935, § 656; 44 Del. Laws, c. 66, §§ 1, 3; 3 Del. C. 1953, § 1502; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; 65 Del. Laws, c. 104, § 2.;

Each container of tree and shrub seed which is sold, offered for sale, or exposed for sale, or transplanted within this State for sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language giving the following information which statement shall not be modified or denied in the labeling or on another label attached to the container — except that labeling of seed supplied under a contractual agreement may be by invoice accompanying the shipment or by an analysis tag attached to the invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. Each bag or container that is not so identified must carry complete labeling.

(1) For all tree and shrub seeds treated as defined in this chapter (for which a separate label may be used):

a. A word or statement indicating that the seed has been treated;

b. The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used;

c. If the substance in the amount present with the seed is harmful to human or other vertebrate animals a caution statement such as "Do not use for food or feed or oil purposes." The caution for mercurials and similarly toxic substances shall be a poison statement and symbol;

d. If the seed has been treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).

(2) For all tree and shrub seeds subject to this chapter:

a. Common name of the species of seed (and subspecies, if appropriate);

b. The scientific name of the genus and species (and subspecies if appropriate);

c. Lot number or other lot identification;

d. Origin;

1. For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, or geographic description, or political subdivision such as state or county;

2. For seed collected from other than a predominantly indigenous stand, identify the area of collection and the origin of the stand or state "Origin not Indigenous";

e. The elevation or the upper and lower limits of elevation within which the seed was collected;

f. Purity as a percentage of pure seed by weight;

g. For those species for which standard germination testing procedures are prescribed by the department the following:

1. Percentage germination exclusive of hard seed;

2. Percentage of hard seed, if present;

3. Calendar month and year test was completed to determine the percentages.

h. In lieu of subparagraphs 1., 2. and 3. of paragraph g., the seed may be labeled "Test is in process, results will be supplied upon request";

i. For those species for which standard germination testing procedures have not been prescribed by the Department the calendar year in which the seed was collected;

j. The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this State.

3 Del. C. 1953, § 1502A; 57 Del. Laws, c. 147; 57 Del. Laws, c. 764, § 6.;

(a) No person shall sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower or tree and shrub seeds within this State:

(1) If subject to the germination requirements of § 1502 of this title, unless the test to determine the percentage of germination required by § 1502 of this title shall have been completed within a 14-month period exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation;

(2) Not labeled in accordance with this chapter or having false or misleading labeling;

(3) Pertaining to which there has been false or misleading advertisement;

(4) Consisting of or containing prohibited noxious weed seeds, subject to recognized tolerances;

(5) Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed under this chapter, or in excess of the number declared on the label attached to the container of the seed or associated with the seed subject to recognized tolerances;

(6) Containing more than 11/2% by weight of all weed seeds;

(7) Containing more than 20% by weight of inert matter in lawn and turf seed;

(8) To which there is affixed the names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality, or origin of the seed;

(9) If any labeling, advertising or other representation subject to this chapter represents the seed to be certified or registered seed unless:

a. It has been determined by a seed certifying agency that the seed was produced, processed, and packaged, and conforms to the standards of purity as to kind, species (and subspecies, if appropriate), or variety, and also that tree seed was found to be of the origin and elevation claimed, in compliance with the rules and regulations of the agency; and

b. That the seed bears an official label issued by a seed certifying agency stating that the seed is certified or registered.

(b) It is unlawful for any person within this State to:

(1) Detach, alter, deface, or destroy any label provided for in this chapter or the rules and regulations made and promulgated thereunder, or to alter or substitute seed in a manner that may defeat the purposes of this chapter;

(2) Disseminate any false or misleading advertisements concerning seeds subject to this chapter in any manner or by any means;

(3) Hinder or obstruct in any way, any authorized person in the performance of his duties under this chapter;

(4) Fail to comply with a "stop sale" order or to move or otherwise handle or dispose of any lot of seed held under a "stop sale" order or tags attached thereto, except with express permission of the enforcing officer, and for the purpose specified;

(5) Use the word "trace" as a substitute for any statement which is required;

(6) Use the word "type" in any labeling in connection with the name of any agricultural seed variety.

36 Del. Laws, c. 91, § 8; Code 1935, § 662; 44 Del. Laws, c. 66, §§ 1, 4; 3 Del. C. 1953, § 1503; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 77 Del. Laws, c. 355, § 1.;

Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this chapter shall keep for a period of 2 years complete records of each lot handled; and keep for 1 year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the Department or its agent during customary business hours.

3 Del. C. 1953, § 1504; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6.;

(a) The provisions of §§ 1502, 1503 and 1504 of this title do not apply:

(1) To seed or grain not intended for sowing purposes;

(2) To seed in storage in, or being transported, or consigned to a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of the seed bears the statement "seed for processing," and provided that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this chapter;

(3) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that the carrier is not engaged in producing, processing or marketing seeds subject to this chapter;

(4) To seed sold by 1 farmer to another if the seed has neither been advertised for sale nor delivered through a carrier;

(5) To grain sold by farmers for cover crop purposes and not delivered through a common carrier.

(b) No person shall be subject to the penalties of this chapter for having sold or offered for sale seeds subject to this chapter which were incorrectly labeled or represented as to kind, species (and subspecies, if appropriate), variety, type or origin, elevation and year of collection (if required) which seeds cannot be identified by examination, unless he has failed to obtain an invoice, genuine grower's or tree seed collector's declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated.

(c) The provisions of §§ 1503 and 1505 of this title do not apply to tree seed produced by the consumer.

36 Del. Laws, c. 91, § 7; Code 1935, § 661; 44 Del. Laws, c. 66, §§ 1, 5; 3 Del. C. 1953, § 1504; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1.;

(a) The duty of enforcing this chapter and carrying out its provisions and requirements is vested in the Department, who may act through its authorized agents:

(1) To sample, inspect, make analysis of, and test seeds subject to this chapter that are transported, sold or offered or exposed for sale within the State for sowing purposes, at such time and place and to such extent as it may deem necessary to determine whether the seeds are in compliance with this chapter, and to notify promptly the person who sold, offered or exposed the seed for sale and, if appropriate, the person who labeled or transported the seed of any violation, stop sale order, or seizure;

(2) To prescribe, amend, adopt and publish after public hearing following due public notice:

a. Rules and regulations governing the method of sampling, inspecting, analyzing, testing and examining seeds subject to this chapter and the tolerances to be used and such other rules and regulations necessary to secure efficient enforcement of this chapter;

b. Prohibited and restricted noxious weed seed deletions or additions;

c. Rules and regulations establishing reasonable standards on germination for vegetable seeds and flower seeds;

d. Rules and regulations for labeling flower seeds in respect to kind and variety or type and performance characteristics as required by § 1502 of this title;

e. A list of the kinds of flower seeds subject to the flower seed germination labeling requirements of § 1502 of this title;

f. A list of the tree and shrub seed species subject to germination labeling requirements of § 1503(2)g. of this title.

(b) Further, for the purpose of carrying out this chapter, the Department, through its authorized agents, is authorized:

(1) To enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected subject to this chapter and rules and regulations thereunder, and any truck or other conveyor by land, water or air at any time when the conveyor is accessible, for the same purpose;

(2) To issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of seed subject to the provisions of this chapter which the Department finds is in violation of this chapter or rules and regulations promulgated thereunder, which order shall prohibit further sale, processing and movement of such seed, except on approval of the enforcing officer, until such officer has evidence that the law has been complied with, and he has issued a release from the "stop sale" order, provided that in respect to seed which has been denied sale, processing and movement as provided in this paragraph, the owner or custodian shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, processing and movement in accordance with the findings of the court; and provided further, that this paragraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this chapter;

(3) To establish and maintain or make provisions for seed testing facilities, to employ qualified persons, and to incur such expenses as may be necessary to comply with the provisions;

(4) To make or provide for making purity and germination tests of seed for farmers and dealers on request; to prescribe rules and regulations governing such testing; and to fix and collect charges for the tests made. Any fees shall be transferred to the State Treasurer and paid into the General Fund of the State;

(5) To cooperate with the United States Department of Agriculture and other agencies in seed law enforcement;

(6) To publish the results of analysis, tests and examinations made under this chapter, together with any other information deemed advisable;

(7) To conduct the seed certification program for the State; to prescribe rules and regulations governing seed certification; to fix and collect fees for inspection, grading and certification. Any fees collected shall be transferred to the State Treasurer and credited to the special fund entitled "Department of Agriculture Inspection Fund" to aid in defraying the expenses of the seed certification program; and

(8) To collect royalty fees on patented varieties where a royalty agreement is in force.

(c) [Repealed.]

36 Del. Laws, c. 96, §§ 4-6, 10; Code 1935, §§ 658-660, 664; 44 Del. Laws, c. 66, §§ 1, 7; 3 Del. C. 1953, § 1506; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6; 61 Del. Laws, c. 245, §§ 1, 2; 68 Del. Laws, c. 269, § 1; 78 Del. Laws, c. 229, § 4.;

Any lot of seed not in compliance with this chapter shall be subject to seizure on complaint of the Department to a court of competent jurisdiction in the locality in which the seed is located. In the event the court finds the seed to be in violation of this chapter and orders the condemnation of the seed, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of in compliance with the laws of this State; provided, that in no instance shall the court order such disposition of the seed without first having given the claimant an opportunity to apply to the court for the release of the seed or permission to process or relabel it into compliance with this chapter.

36 Del. Laws, c. 91, § 9; Code 1935, § 663; 44 Del. Laws, c. 66, §§ 1, 8; 3 Del. C. 1953, § 1507; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6.;

No bond shall be required of the Department for the issuance of any injunction to restrain any violation of this chapter or any rule or regulation promulgated hereunder.

3 Del. C. 1953, § 1508; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6.;

(a) Every violation of this chapter shall be punishable by a fine not exceeding $100 for the first offense and not exceeding $250 for each subsequent similar offense.

(b) When the Department shall find that any person has violated this chapter, it or its duly authorized agent or agents may institute proceedings against such person in a court of competent jurisdiction in the locality in which the violation occurred; or the Department may offer evidence of such violation to the Attorney General with a view of prosecution; provided, however, that no prosecution under this chapter shall be instituted without the accused violator first having been given an opportunity to appear before the Department or its duly authorized agent to introduce evidence either in person or by agent or attorney at a private hearing. If, after the hearing, or without such hearing, the accused violator, or his agent or attorney fails or refuses to appear, the Department is of the opinion that the evidence warrants prosecution, it shall proceed as provided in this section.

(c) The Attorney General shall institute proceedings at once against any person charged with a violation of this chapter, if, in his judgment, the information submitted warrants such action.

(d) After judgment by the court in any case arising under this chapter the Department shall publish any information pertinent to the issuance of the judgment by the court in such media as it may designate from time to time.

36 Del. Laws, c. 91, § 8; Code 1935, § 662; 44 Del. Laws, c. 66, §§ 1, 9; 3 Del. C. 1953, § 1508; 52 Del. Laws, c. 70, § 1; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6.;

This chapter shall be administered by the Department of Agriculture of this State, referred to as the "Department."

3 Del. C. 1953, § 1510; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6.;

All authority vested in the Department of Agriculture by virtue of this chapter may with like force and effect be executed by the employees of the Department of Agriculture as may be designated for the purpose.

3 Del. C. 1953, § 1511; 57 Del. Laws, c. 147, § 1; 57 Del. Laws, c. 764, § 6.;