TITLE 3

Agriculture

Marketing of Agricultural Products

CHAPTER 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS

Subchapter I. General Provisions


No milk, skim milk or cream shall be sold, offered for sale, or demanded from any wholesale or retail seller thereof, at any other standard of measurement than that known as the liquid or wine measure containing 231 cubic inches to the gallon. This section shall not apply to the sale of milk, skim milk or cream by weight or percentage of butterfat.

24 Del. Laws, c. 167; 25 Del. Laws, c. 149, § 1; Code 1915, § 2929; Code 1935, § 3433; 3 Del. C. 1953, § 3101.;

Whoever violates § 3101 of this title shall be fined not less than $25 nor more than $100, or imprisoned not less than 10 nor more than 30 days, or both.

24 Del. Laws, c. 167; 25 Del. Laws, c. 149, § 2; Code 1915, § 2929; Code 1935, § 3433; 3 Del. C. 1953, § 3102.;

Every creamery, shipping station, milk factory, cheese factory, ice cream factory, milk condensary or person receiving, buying and paying for milk or cream regardless of the method of settlement, shall be required to hold a permit for each and every place where milk or cream is received by weight or measure. This chapter shall not apply to individuals buying milk or cream for private use, or to producers buying milk in emergencies to make up their regular supply, or to persons buying from dealers already holding a permit, or to hotels, restaurants, boardinghouses, railroad dining cars, retail stores or drugstores. The permit shall be issued by the Department of Agriculture to such creamery, shipping station, milk factory, cheese factory, ice cream factory, milk condensary or person upon the filing of such information as may be required by the Department of Agriculture. The permit shall be valid for a term of 1 calendar year and may be revoked by the Department of Agriculture for any violation of the provisions of this chapter. This permit issued hereunder shall be posted in plain view in the station for which it is issued.

32 Del. Laws, c. 36, § 1; 40 Del. Laws, c. 92, § 1; Code 1935, § 634; 3 Del. C. 1953, § 3103; 57 Del. Laws, c. 764, § 12.;

For the purpose of this chapter, condensed, evaporated and concentrated milk is defined as the product resulting from the evaporation of a considerable portion of the water from the fresh clean lacteal secretion, colostrum free, obtained by the complete milking of cows properly fed and kept, the product to contain, when made from whole milk or from milk with adjustment, if necessary, of the ratio of fat to nonfat solids by the addition or by the abstraction of cream without added sugars all tolerances allowed, at least 25.5% of milk solids and not less than 7.8% of milk fat. The sum of the percentage of milk fat and total milk solids shall be not less than 33.7% when made from whole milk with added sugars to contain at least 8% of milk fat all tolerances allowed and when made from skimmed milk to contain at least 20% of milk solids all tolerances allowed.

33 Del. Laws, c. 52, § 1; Code 1935, § 647; 3 Del. C. 1953, § 3104.;

No person, by himself or herself or by his or her agents, servants or employees, shall manufacture, sell or exchange or have in possession with intent to sell or exchange any condensed, evaporated or concentrated milk which does not conform at least to the minimum standards set forth in § 3104 of this title, and when contained in hermetically sealed cans does not bear stamped or labeled thereon the name and address of the manufacturer thereof.

33 Del. Laws, c. 52, § 2; Code 1935, § 648; 3 Del. C. 1953, § 3105; 70 Del. Laws, c. 186, § 1.;

No person, by himself or herself or by his or her agents, servants or employees, shall manufacture, sell or exchange or have in possession with intent to sell or exchange any milk, cream or skimmed milk whether or not condensed, evaporated, concentrated, powdered, dried or desiccated to or with which has been added, blended or compounded any fats or oils other than milk fats either under the name of the products or articles or the derivatives thereof if labeled or sold under any fictitious, coined or trade names whatsoever.

33 Del. Laws, c. 52, § 3; Code 1935, § 649; 3 Del. C. 1953, § 3106; 70 Del. Laws, c. 186, § 1.;

Whoever violates § 3104, 3105, or 3106 of this title shall be fined not less than $50 nor more than $100, or imprisoned not less than 30 nor more than 60 days, or both.

33 Del. Laws, c. 52, § 4; Code 1935, § 650; 3 Del. C. 1953, § 3107.;

(a) The Department of Agriculture shall enforce this chapter, and may make such proper rules and regulations as are necessary for such enforcement.

(b) Nothing in subsection (a) of this section shall prevent any individual from prosecuting any person for violating any of the provisions of this chapter.

32 Del. Laws, c. 36, § 9; 33 Del. Laws, c. 52, § 6; 40 Del. Laws, c. 92, § 11; Code 1935, §§ 642, 652; 3 Del. C. 1953, § 3108; 57 Del. Laws, c. 764, § 12.;

The sum of $9,000 shall be included in the general appropriation bill which is presented to each biennial General Assembly, and appropriated therein to the Department of Agriculture to defray the expenses of a full-time field man to take and collect milk samples to be analyzed for bacteria of mastitis significance. Of each such sum so appropriated, the sum of $3,600 shall be allocated to salaries and wages, the sum of $200 shall be allocated to office and laboratory supplies, and the sum of $700 shall be allocated to travel expenses, for each fiscal year of the biennium. Such sums shall be paid by the State Treasurer upon warrants duly approved by the proper officers of the Department of Agriculture.

3 Del. C. 1953, § 3109; 49 Del. Laws, c. 423, §§ 1, 2; 57 Del. Laws, c. 764, § 12.;