As used in this chapter:

(1) “Advertisement” means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed under this chapter that is offered for sale or distribution.

(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 these seeds, and may include noxious weed seeds when the Department determines that noxious weed seed is being used as agricultural seed.

(3) “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 a certifying agency.

(4) “Certifying agency” means either of the following:

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

b. An agency of a foreign country determined by the U.S. Department of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under paragraph (4)a. of this section.

(5) “Department” means the Department of Agriculture.

(6) “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.

(7) “Germination” means the percentage of seeds capable of producing normal seedlings under ordinarily, favorable conditions, not including seeds which produce weak, malformed, or obviously abnormal sprouts.

(8) “Hard seed” means the percentage of seeds which, because of hardness or impermeability, do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned.

(9) a. “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by combining any of the following:

1. Two or more inbred lines.

2. One inbred or a single cross with an open pollinated variety.

3. Two varieties or species, except open pollinated varieties of corn (Zea mays).

b. The second or subsequent generation of a seed under paragraph (9)a. of this section is not a “hybrid.”

c. Hybrid designations are treated as variety means.

(10) “Kind” means 1 or more related species or subspecies that singly or collectively is known by 1 common name, such as corn, oats, alfalfa, and timothy.

(11) “Labeling” means all labels, in any form,including written, printed, or graphic representations, that accompany or pertain to any seed, whether in bulk, in containers, or as representations on invoices.

(12) “List by predominance” means as defined in the rules and regulations promulgated under this chapter.

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

(14) “Noxious weed seeds” are seeds in the classes, “prohibited noxious weed seeds” and “restricted noxious weed seeds” as defined in this section.

(15) “Origin” means the state or foreign country, or the designated portion of a state or foreign country, where the seed was grown.

(16) “Person” includes any individual, partnership, corporation, company, society, or association.

(17) a. “Prohibited noxious weed seeds” are the seeds of perennial weeds to which all of the following apply:

1. Reproduce by seed.

2. Spread underground roots, stems, and other reproductive parts.

3. When well established, are highly destructive and difficult to control in this State by ordinary good cultural practice.

b. “Prohibited noxious weed seeds” are the seeds of all of the following:

1. Canada thistle (Cirsium arvense (L.) Scop. var. arvense).

2. Quackgrass (Elymus repens (L.) Gould subsp. repens).

3. Sorghum specie, Johnsongrass, perennial sweet sudangrass, sorghum almum and hybrids derived therefrom.

4. Seeds or bulblets that the Department from time to time designates, in the public interest, as prohibited noxious seeds.

(18) “Pure seed” means seed exclusive of inert matter and other seeds, as determined by methods under regulations promulgated under this chapter.

(19) “Record” includes all information relating to a shipment and a file sample of each lot of seed. For tree and shrub seed, the record includes all documents supporting the statement of origin and elevation of the seed.

(20) a. “Restricted noxious weed seeds” are the seeds of weeds to which all of the following apply:

1. Very objectionable in fields, lawns, and gardens of this State.

2. Can be controlled by good cultural practices.

b. “Restricted noxious weed seeds” are the seeds of all of the following:

1. Dodder (Cuscuta campestris Yunck.).

2. Bindweed (Convolvulus arvensis).

3. Wild garlic, wild onion (Allium spp.).

4. Corn cockle (Agrostemma githago).

5. Horsenettle (Solanum carolinense).

6. Cheat, chess (Bromus secalinus).

7. Annual bluegrass (Poa annua).

8. Giant foxtail (Setaria faberi R. A. W. Herrm.).

9. Seeds or bulblets that the Department from time to time designates, in the public interest, as restricted noxious seeds.

(21) “Stop sale” means an administrative order restraining the sale, use, disposition, and movement of a definite amount of seed.

(22) “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.

(23) “Tree and shrub seeds” includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State.

(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 that includes all of the following about the tree or shrub seed:

a. Lot number.

b. Common or scientific name of the species, and subspecies, if appropriate.

c. Origin.

d. Elevation.

e. Quantity.

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

(26) “Variety” means a subdivision of a kind that is distinct, uniform, and stable, defined as follows:

a. “Distinct” means the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge.

b. “Stable” means the variety will remain unchanged in its essential and distinctive characteristics and remain uniform when reproduced or reconstituted.

c. “Uniform” means the variations in essential and distinctive characteristics are describable.

(27) “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.

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

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;  83 Del. Laws, c. 527, § 1;  84 Del. Laws, c. 233, § 1; 

(a) (1) Each container of agricultural, vegetable, flower, or tree and shrub seeds which is sold, offered for sale, exposed for sale, or transported within this State for sowing purposes must bear thereon or have attached thereto, in a conspicuous place, a plainly written or printed label or tag in the English language, giving all of the information required under this chapter, which can not be modified or denied in the labeling or on another label attached to the container.

(2) The specific label requirements under paragraph (a)(1) of this section are as follows:

a. For agricultural seeds, under § 1502A of this title.

b. For vegetable seeds, under § 1502B of this title.

c. For flower seeds, under § 1502C of this title.

d. For tree and shrub seeds, under § 1503 of this title.

(b) (1) In addition to the information required under paragraph (a)(2) of this section, if the seed has been treated, each container must provide all of the following:

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 a substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement that explains the nature of the harm, such as “Do not use for food, feed, or oil purposes.” The caution for mercurials and similarly toxic substances must be a poison statement or symbol.

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

(2) The information required under paragraph (b)(1) of this section may be provided in the same label as the information required under subsection (a) of this section or by using a separate label.

(c) Notwithstanding the germination test requirements under §§ 1502A through 1503 of this title, for seed in a hermetically-sealed container, no more than a 36-month germination test period may apply and all of the following conditions must have been met:

(1) The container is conspicuously labeled, in not less than 8-point font with all of the following statements:

a. The container is hermetically sealed.

b. The seed has been preconditioned as to moisture content.

c. The month and calendar year in which the germination test was completed.

(2) The seed was packaged within 9 months after harvest.

(3) The container used does not allow water vapor penetration (WVP) through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 F. with a relative humidity on side of 90% and on the other side of 0% as is measured by the standards of the United States Bureau of Standards.

(4) The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as follows for agricultural seeds:

a. Beet, field, 7.5%.

b. Beet, sugar, 7.5%.

c. Bluegrass, Kentucky, 6.0%.

d. Clover, crimson, 8.0%.

e. Clover, red 8.0%.

f. Ryegrass, annual 8.0%.

g. Ryegrass, perennial, 8.0%

h. Mixtures of above paragraphs (c)(4) a. through (c)(4)g. of this section, 8.0%.

i. Bean, garden, 7.0%.

j. Bean, lima, 7.0%.

k. Beet, 7.5%.

l. Broccoli, 5.0%.

m. Brussels sprouts, 5.0%.

n. Cabbage, 5.0%.

o. Carrot, 7.0%.

p. Cauliflower, 5.0%.

q. Celeriac, 7.0%.

r. Celery, 7.0%.

s. Chard, Swiss, 7.5%.

t. Chinese cabbage, 5.0%.

u. Chives, 6.5%.

v. Collards, 5.0%.

w. Corn, sweet, 8.0%.

x. Cucumber, 6.0%.

y. Eggplant, 6.0%.

z. Kale. 5.0%.

aa. Kohlrabi, 5.0%.

bb. Leek, 6.5%.

cc. Lettuce, 5.5%.

dd. Muskmelon, 6.0%.

ee. Mustard, India, 5.0%.

ff. Onion, 6.5%.

gg. Onion, Welsh, 6.5%.

hh. Parsley, 6.5%.

ii. Parsnip, 6.0%.

jj. Pea, 7.0%.

kk. Pepper, 4.5%.

ll. Pumpkin, 6.0%.

mm. Radish, 5.0%.

nn. Rutabaga, 5.0%.

oo. Spinach, 8.0%.

pp. Squash, 6.0%.

qq. Tomato, 5.5%.

rr. Turnip, 5.0%.

ss. Watermelon, 6.5%.

tt. All others, 6.0%.

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;  83 Del. Laws, c. 527, § 1; 

(a) In addition to the information required under § 1502 of this title, each container of agricultural seeds, except for grass seed mixtures under subsection (b) of this section, must contain all of the following information:

(1) 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, as follows:

a. If the variety of the kind is not generally labeled as to variety, the label must state the name of the kind and the words, “Variety Not Stated.”

b. Hybrids must be labeled as hybrids.

c. Where more than 1 component is required to be named, the word “mixture” or the word “mixed” must be shown conspicuously on the label.

d. Lot number or other lot identification.

(2) Origin, if known, of alfalfa, red clover, and field corn, except hybrid corn. If the origin is unknown, that fact must be stated.

(3) Percentage by weight of all weed seeds.

(4) a. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present singly or collectively in any amount.

b. The amount of noxious weed seed must not exceed any of the following:

1. For noxious weed seeds in Group 1 under paragraph (a)(4)c. of this section, 160 per pound.

2. For noxious weed seeds in Group 2 under paragraph (a)(4)d. of this section, 10 per pound.

3. Notwithstanding paragraphs (a)(4)b.1 and (a)(4)b.2. of this section, in lawn or turf seed, Poa Annua must not exceed 256 per pound.

c. Group 1 includes all of the following: 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, ryegrass, sweet clover, smooth brome, timothy, and other agricultural seeds of similar size and weight, or mixtures within this group.

d. Group 2 includes all of the following: Barley, buckwheat, oats, proso, rye, sorghums, sudangrass, 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.

(5) Percentage by weight of agricultural seed, including seed designated as “crop seeds” other than those required to be named on the label.

(6) Percentage by weight of inert matter.

(7) For each named agricultural seed, all of the following:

a. Percentage of germination, exclusive of hard seed.

b. Percentage of hard seed, if present.

c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (a)(7)a. through (a)(7)b. of this section.

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

(9) The statement “Sell by”, followed by a date that must be no more than 9 months from the date of the germination test, exclusive of the month of test.

(b) In addition to the requirements under § 1502 of this title, each container of seed mixtures for lawn or turf purposes in containers of 50 pounds or less must contain all of the following information:

(1) The word “mixed” or “mixture.”

(2) All of the following for each kind or kind and variety of agricultural seed present in excess of 5% of the whole, in order of the seed’s predominance:

a. Common accepted name.

b. Percentage by weight of pure agricultural seed.

c. Percentage of germination, exclusive of hard seed.

d. Percentage of hard seed, if present.

e. The month and calendar year the germination test was completed to determine the percentages under paragraphs (b)(2)c. through (b)(2)d. of this section.

(3) The heading “other ingredients” and all of the following, in type no larger than the heading:

a. Percentage by weight of all weed seeds present, not to exceed 1%, by weight, of the whole.

b. Percentage by weight of all agricultural seeds not identified under paragraph (b)(2) of this section.

c. Percentage by weight of inert matter.

(4) Lot number or other lot identification.

(5) Name and rate of occurrence per pound of each kind of restricted noxious weed seed present.

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

(7) Net weight.

(8) The statement “Sell by” followed by a date from the date of the germination test, exclusive of the month of the test, as follows:

a. For cool season grasses, no more than 15 months.

b. For warm season grasses, no more than 9 months.

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;  83 Del. Laws, c. 527, § 1; 

(a) In addition to the information required under § 1502 of this title, each container of vegetable seeds in containers of 1 pound or less must contain all of the following information:

(1) Name of kind and variety of seed.

(2) Lot number or other lot identification.

(3) For seeds which germinate less than the standard established by the Department, all of the following:

a. Percentage of germination, exclusive of hard seed.

b. Percentage of hard seed, if present.

c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (a)(3)a. through (a)(3)b. of this section.

d. The words “below standard” in not less than 8-point font.

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

(5) The statements “Sell by” and “Packed for” for the calendar year in which they are being offered for sale, followed by the applicable dates.

(b) In addition to the information required under § 1502 of this title, each container of vegetable seeds in containers of more than 1 pound must contain all of the following information:

(1) The name of each kind and variety present in excess of 5% of the weight of the whole.

(2) The percentages by weight of each kind and variety under paragraph (b)(1) of this section, in order of predominance.

(3) Lot number or other lot identification.

(4) All of the following for each named vegetable seed:

a. The percentage of germination, exclusive of hard seed.

b. The percentage of hard seed, if present.

c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (b)(4)a. through (b)(4)b. of this section.

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

(6) The statement “Sell by” followed by a date that is no more than 9 months from the date of the germination test, exclusive of the month of the test.

(7) The labeling requirements for vegetable seeds in containers of more than 1 pound under this subsection are deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser.

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;  83 Del. Laws, c. 527, § 1; 

(a) In addition to the information required under § 1502 of this title, each container of flower seeds must contain all of the following information:

(1) The name of the kind and variety or a statement of type and performance characteristics.

(2) On each container, lot number or other lot identification.

(3) For seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard established under this chapter, all of the following:

a. Percentage of germination, exclusive of hard seed.

b. Percentage of hard seed, if present.

c. The words “below standard”, in not less than 8-point font.

d. The month and calendar year the germination test was completed.

(b) In addition to the information required under § 1502 of this title, flower seeds in packets prepared for use in home flower gardens or household plantings or flower seeds in pre-planted containers, mats, tapes, or other planting devices, must contain all of the following information:

(1) The month and calendar year the germination test was completed.

(2) The statement “Sell by” followed by a date that is no more than 12 months from the date of the germination test, exclusive of the month of the test, or state the percentage of germination and the month and calendar year the test was completed, provided that the test must have been completed within 12 months, exclusive of the month of test.

(3) For seeds placed in a germination medium, mat, tape, or other device in such a way that makes it difficult to determine the quantity of seed without removing the seeds, a statement that indicates the minimum number of seeds in the container.

(c) In addition to the information required under § 1502 of this title, each container of flower seeds for which standard testing procedures are prescribed and that weigh more than 1 ounce in containers other than packets prepared for use in home flower gardens or household plantings and other than pre-planted containers, mats, tapes, or other planting devices, must contain all of the following information:

(1) The percentage of germination, exclusive of hard seed.

(2) The percentage of hard seed, if present.

(3) The month and calendar year the test was completed to determine the percentages under paragraphs (c)(1) through (c)(2) of this section.

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;  83 Del. Laws, c. 527, § 1; 

(a) (1) In addition to the information required under § 1502 of this title, each container of tree and shrub seed must contain all of the information under this section.

(2) Tree and shrub seed supplied under a contractual agreement may be labeled by an 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 identified by a lot number must carry complete labeling under this section.

(b) The label for all tree and shrub seeds must provide all of the following:

(1) The common name of the species of seed, and subspecies, if appropriate.

(2) The scientific name of the genus and species, and subspecies if appropriate.

(3) Lot number or other lot identification.

(4) Origin, as follows:

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

b. For seed collected from other than a predominantly indigenous stand, state either of the following:

1. The area of collection and the origin of the stand.

2. “Origin not Indigenous.”

(5) The elevation or the upper and lower limits of elevation within which the seed was collected.

(6) Purity as a percentage of pure seed by weight.

(7) For seeds of species for which standard germination testing procedures are prescribed by the Department, all of the following:

a. Percentage germination exclusive of hard seed.

b. Percentage of hard seed, if present.

c. The month and calendar year the germination test was completed to determine the percentages under paragraphs (b)(7)a. through (b)(7)b. of this section.

(8) For seeds of species for which standard germination testing procedures are prescribed by the Department and the germination testing has not been completed, the following statement: “Test is in process, results will be supplied upon request.”

(9) For seeds of species for which standard germination testing procedures have not been prescribed under this chapter, the calendar year in which the seed was collected.

(10) 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;  83 Del. Laws, c. 527, § 2; 

(a) No person can sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, or tree and shrub seeds within this State if any of the following apply to the seeds:

(1) Unless otherwise specified under this chapter, if the seeds are subject to germination test requirements under this chapter, the test to determine the germination may be no more than 9 months from the date of test, exclusive of the month of test.

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

(3) There has been false or misleading advertising.

(4) Contains prohibited noxious weed seeds, in excess of tolerances established under this chapter.

(5) Contains restricted noxious weed seeds per pound in excess of any of the following numbers:

a. Established under this chapter.

b. Declared on the label attached to the container of the seed or associated with the seed.

(6) Containing more than 1½% by weight of all weed seeds.

(7) The label contains names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality, or origin of the seed.

(8) A label or advertisement may not represent that the seed is certified seed or registered seed unless all of the following apply:

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, 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 that agency.

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 do any of the following:

(1) Detach, alter, deface, or destroy any label required under this chapter 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.

(3) Hinder or obstruct in any way, an authorized person’s performance of 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;  82 Del. Laws, c. 126, § 1;  83 Del. Laws, c. 527, § 3; 

(a) Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this chapter shall keep all of the following:

(1) Complete records of each lot handled, for 2 years.

(2) A file sample of each lot of seed after final disposition of the lot for 1 year.

(b) All records and samples pertaining to the shipment of seeds under subsection (a) of this section must be accessible for inspection by the Department 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;  83 Del. Laws, c. 527, § 3; 

(a) Sections 1502 through 1504 of this title do not apply to any of the following:

(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 that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed is subject to §§ 1502 through 1504 of this title.

(3) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if 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 not been advertised for sale or 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, subspecies if appropriate, variety, type or origin, elevation, or year of collection, if required, if the seeds cannot be identified by examination, unless the person 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 ensure the identity to be the identity stated.

(c) Sections 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;  83 Del. Laws, c. 527, § 3; 

(a) The Department shall administer and enforce this chapter and may do all of the following:

(1) Sample, inspect, make analysis of, and test seeds subject to this chapter that are transported, sold, offered, or exposed for sale within the State for sowing purposes, as follows:

a. 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.

b. With prompt notice to the person who sold, offered, or exposed the seed for sale and, if appropriate, to the person who labeled or transported the seed subject to a violation, stop sale order, or seizure.

(2) Adopt rules and regulations under the Administrative Procedures Act, Chapter 101 of Title 29, and after public hearing, for all of the following:

a. Governing the method of sampling, inspecting, analyzing, testing, and examining seeds subject to this chapter, including the tolerances to be used.

b. Prohibited and restricted noxious weed seeds.

c. Establishing reasonable standards on germination for vegetable seeds and flower seeds.

d. Labeling flower seeds in respect to kind and variety or type and performance characteristics as required by §§ 1502 and 1502C of this title.

e. Maintain a list of the kinds of flower seeds subject to the flower seed germination labeling requirements of §§ 1502 and 1502C of this title.

f. Maintain a list of the tree and shrub seed species subject to germination labeling requirements of §§ 1502 and 1503 of this title.

(3) Enter any public or private premises during regular business hours to have access to seeds and the records subject to this chapter, including any truck or other conveyor by land, water, or air at any time when the conveyor is accessible.

(4) Issue and enforce a written or printed “stop sale” order to the owner or custodian of any lot of seed that the Department finds is in violation of this chapter.

a. A “stop sale” order prohibits further sale, processing, and movement of the seed, except on approval of the enforcing officer, and until the enforcing officer has evidence that the law has been complied with and has issued a release from the “stop sale” order.

b. The owner or custodian of the seed has the right to appeal the “stop sale” order to the Superior Court in the county where the seeds are found, requesting a judgment as to the justification of the order and for the discharge of the seeds from the order.

c. This paragraph may not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this chapter.

(5) Establish and maintain or make provisions for seed testing facilities, employ qualified persons, and incur expenses necessary to administer this chapter.

(6) Make or provide for making purity and germination tests of seed for farmers and dealers on request, prescribe rules and regulations governing these tests, and fix and collect charges for the tests made. Any fees shall be transferred to the State Treasurer and paid into the General Fund of this State.

(7) Cooperate with the United States Department of Agriculture and other agencies in seed law enforcement.

(8) Publish the results of analysis, tests, and examinations made under this chapter, together with any other information deemed advisable.

(9) Conduct the seed certification program for this State, prescribe rules and regulations governing seed certification, and 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.

(10) Collect royalty fees on patented varieties where a royalty agreement is in force.

(b) The Department is authorized to enforce provisions as stipulated by the Federal Seed Act, 7 U.S.C. §§ 1551 through 1611, as necessary for carrying out the purposes of this chapter.

(c) No bond may be required of the Department for the issuance of any injunction to restrain any violation of this chapter.

(d) Any lot of seed that is not in compliance with this chapter is subject to seizure, upon on complaint of the Department to the Superior Court in the county where the seed is located. In the event the court finds that the seed is in violation of this chapter and orders the condemnation of the seed, the seed must be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this State. However, a court may not order the disposition of the seed under this subsection 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 the seed into compliance with this chapter.

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;  83 Del. Laws, c. 527, § 3;  84 Del. Laws, c. 233, § 2; 

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;  repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.; 

3 Del. C. 1953, §  1508;  52 Del. Laws, c. 70, §  1;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;  repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.; 

(a) A person who violates this chapter is subject to a civil penalty as follows:

(1) For a first occurrence, a civil penalty in an amount that does not exceed $100.

(2) For a subsequent occurrence, a civil penalty in an amount that does not exceed $250.

(b) Before imposing a penalty under subsection (a) of this section, the Secretary must send a written notice of the violation and offer the person an administrative hearing.

(c) The Attorney General shall institute proceedings at once against any person charged with a violation of this chapter.

(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;  83 Del. Laws, c. 527, § 3; 

3 Del. C. 1953, §  1510;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;  81 Del. Laws, c. 36, § 1;  repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.; 

3 Del. C. 1953, §  1511;  57 Del. Laws, c. 147, §  1;  57 Del. Laws, c. 764, §  6;  repealed by 83 Del. Laws, c. 527, § 3, effective Nov. 2, 2022.;