2017 Delaware Code
Title 3 - Agriculture
CHAPTER 3. MARKETING
§ 302. Powers; fees; Department of Agriculture's Inspection Fund; annual reports.

(a) The Department of Agriculture may:

(1) Make rules and regulations for the grading, packing, handling, storage and sale of all food products within the State, not contrary to law;

(2) Enforce its rules and regulations by actions or proceedings in any court of competent jurisdiction;

(3) Provide official inspection upon request, to fix according to established trade custom; and collect fees for such inspection of farm products, and issue certificates showing the grade or other classification of such product at the time of inspection, which certificates shall be accepted in any court in this State as evidence of the true grade or other classification at the time inspected; and

(4) Provide testing of feeds, fertilizers, liming materials, frozen desserts, milk and milk products for the public and charge for the cost of these services.

(b) The fees collected by the Department of Agriculture for its inspection service shall be paid into the State Treasury and the State Treasurer shall deposit the same to the credit of a special fund entitled "Department of Agriculture Inspection Fund," from which necessary expenses of the Department of Agriculture for fruit, vegetable, poultry and grain inspections and the testing of feeds, fertilizers, liming materials, frozen desserts, milk and milk products shall be paid, upon proper vouchers signed by the Secretary of the Department of Agriculture. The Department of Agriculture's Inspection Fund shall be a revolving fund and no funds deposited therein shall revert to the General Fund of the State Treasury, except for funds appropriated by the 117th General Assembly to begin said Fund, which funds shall be paid back to the State Treasurer out of said Department of Agriculture's Inspection Fund on or before June 30, 1955. The Department of Agriculture shall annually, on or before January 31st, make a report to the Governor of all income and expenditures made from said Fund. A copy of said reports shall be given biannually, on or before January 31st, to the members of the General Assembly.

33 Del. Laws, c. 50; Code 1935, § 624; 3 Del. C. 1953, § 303; 49 Del. Laws, c. 367, § 1; 57 Del. Laws, c. 601; 57 Del. Laws, c. 764, §§ 2B-D; 66 Del. Laws, c. 78, §§ 1, 2.;