2016 Delaware Code
Title 3 - Agriculture
CHAPTER 15. SEEDS
§ 1507. Duties and authority of the Department.

(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.;