Delaware General Assembly

CHAPTER 33

STATE BOARD OF AGRICULTURE

AN ACT to amend Chapter 21 of the Revised Code of the State of Delaware In reference to the State Board of Agriculture.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 21 of the Revised Code of the State of Delaware be and the same is hereby amended by repealing 651. Sec. 2 thereof and by inserting in lieu thereof the following new Section to be styled 651. Sec. 2:

651. Sec. 2. COMPENSATION; EXPENSES; APPROPRIATION; QUORUM; MEETINGS; PRESIDENT: The Commissioners of Agriculture shall each receive as compensation for their services the sum of ten dollars per day and actual traveling expenses, provided they shall not exceed fifty days in each year. Ten Thousand Dollars annually shall be appropriated by the General Assembly for said Board. At all meetings of said Board a quorum for the transaction of any and all business that may come before the Board shall consist of any two of the Commissioners. The Board shall meet at least once in every three months at such place or places as they may select. The first meeting of the Board shall be held within ten days after the qualification of the Commissioners, and at said meeting the Board shall elect one of its members as President.

Section 2. That Chapter 21 of the Revised Code of the State of Delaware be and the same is hereby further amended by striking out and repealing the whole of Article 3 thereof.

Section 3. That Chapter 21 of the Revised Code of the State of Delaware be and the same is hereby amended by repealing 683. Sec. 34 thereof.

Section 4. That Chapter 21 of the Revised Code of the State of Delaware be and the same is hereby further amended by repealing 684. Sec. 35.. thereof and by inserting in lieu thereof the following new section to be styled 684. Sec. 35.

684. Sec. 35. DUTIES OF; REGULATIONS shall be the duty of the State Board of Agriculture to protect the health of the domestic animals of the State, to determine and employ the most efficient, and practical means for the prevention, suppression, control or eradication of dangerous, contagious or infectious diseases among the domestic animals, and for these purposes it is authorized and empowered to establish, maintain, enforce and regulate such quarantine and other measures relating to the movements and care of animals and their products, the disinfection of suspected localities and articles and the destruction of animals, as it may deem necessary, and to adopt from time to time all such regulations as may be necessary and proper for carrying out the purposes of Sections 35 to 41, inclusive, of this Chapter; provided however, in the case of any slowly contagious diseases, only suspected or diseased animals shall be quarantined.

Section 5. That Chapter 21 of the Revised Code of the State of Delaware be and the same is hereby further amended by repealing 687. Sec. 38. thereof and by inserting in lieu thereof a new Section to be styled 687. Sec. 38:

687. Sec. 38. VIOLATION OF REGULATIONS OR INTERFERENCE WITH OFFICERS; MISDEMEANOR; PENALTY: Any person or persons willfully violating any of the provisions of Sections 35 to 39, inclusive of this Chapter, or any regulations of the State Board of Agriculture, or willfully interfering with officers appointed under Sections 34 to 39 inclusive of this Chapter, shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding one month, or both, at the discretion of the Court.

Section 6. That Chapter 21 of the Revised Code of the State of Delaware be and the same is hereby further amended by repealing 688. Sec. 39. thereof and by inserting in lieu thereof the following new Section to be styled 688. Sec. 39.

688. Sec. 39. ASSISTANTS OR AGENTS; SUPPLIES; OATHS OF APPRAISERS; EXAMINATION AS TO CONTAGIOUS DISEASES; MILK; MEAT: The State Board of Agriculture is empowered to appoint and employ such assistants and agents, and to purchase such supplies and materials as may be necessary in carrying out the provisions of Sections 34 to 39 inclusive of this Chapter. The Board and the members thereof are empowered to administer oaths or affirmations to the appraisers appointed under Section 36 of this Chapter. They may order and conduct such examinations into the conditions of the livestock of the State in relation to contagious diseases, including the milk and meat supplies of cities, towns, boroughs and villages, as may seem necessary, and take proper measures to protect such milk and meat supplies from contamination.

Section 7. That Chapter 21 of the Revised Code of the State of Delaware be and the same is hereby further amended by repealing 697 A. Sec. 48 A., 697 B. Sec. 48 B., 697 D. Sec. 48 D., 697E. Sec. 48 E. 697 F. Sec. 38 F. and 697 G. Sec. 48 G., and by inserting in lieu thereof the following new Sections:

697 A. Sec. 48 A. That the State Board of Agriculture be authorized to pay out of the funds appropriated by the Legislature of the State of Delaware one-half of the difference, between the appraised value and the salvage of all cattle that may be condemned for tuberculosis by the State Board of Agriculture or a Veterinarian of the U. S. Bureau .of Animal Industry working in co-operation with the State Board of Agriculture, and all cattle which may be condemned for tuberculosis shall be appraised in a manner prescribed by the State Board of Agriculture, provided that out of the money hereby appropriated no payment as compensation for any tuberculosis animal destroyed shall exceed two-thirds of the difference between the appraised value of such animal and the value of the salvage thereof; and that in no case shall any payment hereunder be more than one hundred and twenty-five dollars for any grade animal or more than one hundred and fifty dollars for any pure bred animal, and no payment shall be made unless the owner has complied with all lawful quarantine regulations.

697 B. Sec. 48 B. Cattle which have reacted to the tuberculosis test or show marked diagnostic symptoms of tuberculosis shall be condemned and disposed of as directed by the State Board of Agriculture. Owners of cattle that have reacted to the tuberculin test or that have been condemned by a Representative of the State Board of Agriculture or of the United States Bureau of Animal Industry are privileged to dispose of said animals in such ways as shall be approved by the State Board of Agriculture and to receive for them their salvage value.

697 E. Sec. 48 E. That for the purpose of defraying the expenses and services of competent Veterinarians in charge of this work, and to pay to the owners of cattle which have reacted to the tuberculin test or have been condemned by a representative of the State Board of Agriculture or of Lite United States Bureau of Animal Industry, the sum of fifty thousand dollars annually is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated.

697 F. Sec. 48 F. No payment shall be made for any animals destroyed on account of tuberculosis unless the owner has complied with all quarantine and other regulations that may be agreed upon by the United States Bureau of Animal Industry and the State Board of Agriculture, and unless the owner shall have executed the forms required by these regulations.

697 G. Sec. 48 G. Claims shall not be allowed arising out of the condemnation of cattle for tuberculosis on a tuberculin test applied by other than a representative detailed by the State Board a Agriculture or of the United States Bureau of Animal Industry.

Section 8. That Chapter 21 of the Revised Code of the State of Delaware be and the same is hereby further amended by adding thereto the following new section to be styled 697 I. Sec. 48 I:

697 I. Sec. 48 I. THE STATE BOARD OF AGRICULTURE SHALL ESTABLISH A BUREAU OF MARKETS AND MARKETING AND IT SHALL BE THE DUTY OF SAID BUREAU: To investigate the cost of production and marketing in all its phases.

To gather and disseminate information concerning supply, demand, prevailing prices, and commercial movements, including common and cold storage of food products.

To promote, assist and encourage the organization and operation of co-operative and other associations and organizations for improving the relations and services among producers, distributors and consumers of food products.

To have power to make rules and regulations for the grading, packing, handling, storage and sale of all food products within the state, not contrary to law and to enforce such rules and regulations by actions or proceedings in any court of competent jurisdiction.

To investigate the practice and methods and any specific transaction of commission merchants and others who receive, solicit, buy, handle on commission, or otherwise, food products.

To act as mediator or arbitrator, when invited, in any controversy or issue that may arise between producers and distributors and which affect the interest of the consumer.

To act on behalf of the consumer in conserving and protecting their interests in every practicable way against excessive prices.

To act as market adviser for producers and distributors, assisting them in economical and efficient distribution of food products at fair prices.

To encourage the establishment of retail municipal markets and to develop direct dealing between producers and consumers.

To encourage the consumption of Delaware grown products within the state; to inspect and determine the grade and condition of farm produce both at collecting and receiving centers; and all expenses incurred pursuant to this act shall be paid from funds appropriated for the use of the State Board of Agriculture.

To take such means and use such powers, relative to shipment, transportation and storage of food stuffs of any kind, as may be necessary and as it may deem advisable or desirable in case of emergency creating or threatening to create a scarcity of food within the state.

Section 9. That Chapter 21 of the Revised Code of the State of Delaware be and the same is hereby further amended by adding thereto the following new section to be styled 697J. Sec. 48 J:

697 J. Sec. 48 J. The term "commercial feeding stuffs" shall be held to include all feeding stuffs, together with all condimental and patented proprietary feeds used for feeding livestock and poultry, except unmixed whole seeds or grains; the unmixed meals made directly from the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir and milo; corn and oats feed made by grinding together the pure grains of corn and oats; wheat, rye and buckwheat brans or middlings when unmixed with other materials; whole hays, straws, ensilage and corn stover when unmixed with other materials, and all other materials containing sixty per cent or more of water.

Every lot or parcel of commercial feeding stuffs sold, offered or exposed for sale, or distributed within this State shall have affixed thereto a tag or label, in a conspicuous place on the outside, containing a legible and plainly written statement in the English language, clearly and truly certifying:

(a) The net weight of the contents of the package, lot or parcel:

(b) The name, brand or trademark;

(c) The name and principal address of the manufacturer or person responsible for placing the commodity on the market;

(d) The minimum percentage of crude protein allowing one per cent of nitrogen to equal six and one-quarter per cent of protein;

(e) The minimum percentage of crude fat;

(f) The maximum percentage of crude fibre;

(g) The specific name of each ingredient used in its manufacture.

Before any manufacturer, importer, jobber, firm, association, corporation or person shall sell, offer or expose for sale or distribute in this State any commercial feeding stuffs, he shall file with the State Board of Agriculture a certified copy of the statement specified in this act for each brand of commercial feeding stuffs; said certified copy to be accompanied, when the State Board of Agriculture shall so request, by a sealed package containing at least one pound of the commercial feeding stuffs, to be sold, offered or exposed for sale or distributed in this State, and the company or persons furnishing said sample shall thereupon make an affidavit that the said sample is representative of the commercial feeding stuffs, offered for registration.

The manufacturer, importer, agent or seller of any brand of commercial feeding stuffs as defined in this act shall pay to the Secretary of the State Board of Agriculture at the time he filed the sworn statement as required by this act, a registration fee of one dollar per annum for each brand of commercial feeding stuffs sold, offered or exposed for sale in this State.

On or before the fifth day of January of each year every manufacturer or vendor of feeding stuffs shall file under oath with the State Treasurer a statement showing the number of tons of feeding stuffs that he has sold in this State during the preceding year, and shall pay to the said State Treasurer for the use of the State the sum of ten cents for every ton of feeds so sold. Whenever the manufacturer, importer, agent or seller of any commercial feeding stuffs shall have complied with the requirements of this section the State Board of Agriculture shall issue or cause to be issued a license permitting the sale of said feeding stuffs, which license shall terminate on December 31, following the date of issue. Whenever any commercial feeding stuffs as defined in this act is offered or exposed for sale in bulk or otherwise stored, the manufacturer, importer, jobber, firm, association, corporation or person keeping the same for sale shall keep on hand cards upon which shall be printed the statement required by the provision of this act, and when such feeding stuffs is sold at retail, in bulk or in packages belonging to the purchaser, manufacturer, importer, jobber, firm, association, corporation or person shell furnish the purchaser, upon request, with a card or cards upon which appears a statement required by the provisions of this act.

The State Board of Agriculture shall have the power to refuse to license any commercial feeding stuffs under a name, brand or trademark which should be misleading or deceptive, or which would tend to mislead or deceive as to the materials of which it is composed or when the specific name of each arid all ingredients used in its manufacture is not stated. It shall also have the power to refuse to license more than one commercial feeding stuff under the same name or brand when offered by the same manufacturer, importer, jobber, firm, association, corporation or person. Should any commercial feeding stuffs be licensed in this State and it is afterwards discovered that such license is in violation of any of the provisions of this act, the said Board shall have the power to cancel such license. The State Board of Agriculture shall have the power to refuse to allow a manufacturer, importer, jobber, firm, association, corporation, or person to lower the guaranteed analysis or change the ingredient of any brand of his or their commercial feeding stuffs during the term for which licensed, unless reasons satisfactory to the said Board are presented for making such change or changes.

Whenever a manufacturer, importer, jobber, firm, association, corporation, or person manufacturing or selling a brand of commercial feeding stuffs, shall have filed the statement required by this act and pay the license fee, as required by this act, no other agent, importer, jobber, firm, association, corporation or person shall be required to file such statement or pay such fee upon such brand.

Any authorized agent or agents of the State Board of Agriculture shall have free access, during reasonable business hours, to all places of business, mills, buildings, carriages, cars, vessels and parcels of whatsoever kind used in the manufacture, transportation, sale or storage of any commercial feeding stuffs and shall have the power and authority to open any parcel containing or supposed to contain any commercial feeding stuffs, and upon tender and full payment of the selling price of said sample, for the purpose of procuring a sample of suitable size for analysis, from each and every lot or parcel of commercial feeding stuffs being sold, offered or exposed for sale: Provided, That said sample shall be taken hi the presence of the person or agent having the feeding stuff in charge and said sample shall be taken from not less than five separate original packages in the lot, in which case a portion shall be taken from each original package; if the commercial feeding stuffs is in bulk, portions shall be taken from not less than five different places in the lot unless the manner in which the commercial feeding stuffs is stored prohibits, in which case, portions shall be taken from as many places as practicable. If the sample thus secured is larger than is required, it shall be mixed and quartered until a sample of suitable size remains.

At least one sample of each brand of commercial feeding stuffs sold, offered or exposed for sale in the state, secured in the manner described in this act shall be analyzed annually under the direction of the State Board of Agriculture and the results of such analysis shall be promptly submitted to the manufacturers or persons responsible for placing the commodities on the market, and shall be published in reports or bulletins from time to time together with such additional information as the said Board may deem advisable. The manufacturers or persons responsible for the placing of any commodity on the market shall, upon request to the State Board of Agriculture be furnished with a portion of the official sample of that commodity. The methods of analysis shall be those enforced at the time by the association of official agricultural chemists of North America.

If it appears that any of the provisions of this Act have been violated, the State Board of Agriculture shall certify the facts to the prosecuting officer of the county in which the violation has occurred, together with a copy of the results of the analysis or the examination of such feeding stuffs duly authenticated by the analyst or other officer making the determinations under oath of said officer: Provided, that in such case, said Board shall first cause notice of such apparent violation to be given to the manufacturer or dealer from whom said sample was taken; any party so notified shall be given an opportunity to be heard in his defense under such rules and regulations as may be prescribed by the State Board of Agriculture before the facts shall be certified to the prosecuting officer. In all prosecutions arising under the provision of this act certificates of the analyst or other officer making the examinations or analysis, when duly sworn to by such officer, shall be prima facie evidence of the fact or facts therein certified.

Any manufacturer, importer, jobber, firm, association, corporation or persons who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any duly authorized agent of the State Board of Agriculture in the performance of his duty in connection with the provisions of this act, or who shall sell, offer or expose for sale, or distribute in this State any commercial feeding stuffs as defined in this act without complying with the requirements of the provisions of this act, or who shall sell, offer or expose for sale or distribute in this State any commercial feeding stuffs which contains a smaller percentage of crude protein or crude fat, or a larger percentage of crude fibre than is certified to be contained therein, or who shall fail to properly state the specific name of each and every ingredient used in its manufacture shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than one hundred dollars for the first offense, and not less than two hundred dollars for each subsequent offense. Any manufacturer, importer, jobber, firm, association, corporation or person who shall mix or adulterate any feeding stuffs with any substance or substances injurious to the health of livestock or poultry, shall be deemed guilty of a misdemeanor, and in addition to the penalty provided in this section the lot of feeding stuffs shall be liable to seizure, condemnation and sale, as the court may direct; the proceeds from such sale to be covered into the State Treasury. The Court may in it discretion release the feeding stuffs so seized when the requirements of the provisions of this act have been complied with, and upon payment of all costs and expenses incurred by the State in any proceedings connected with such seizure.

The State Board of Agriculture is hereby empowered to enforce the provisions of this act and to prescribe and enforce such rules and regulations relating to the sale of commercial feeding stuffs as may be deemed necessary to carry into effect the full intent and meaning of this act.

Section 10. All moneys appropriated to the Peninsula Horticultural Society, under 677, Sec. 28, of Chapter 21, of the Revised Code, and all moneys appropriated for Farmers' Institutes under said Chapter 21, and all moneys appropriated for the Delaware Corn Growers Association, under said Chapter 21, shall be payable only on warrants drawn by the President or Chairman, and Secretary of the State Board of Agriculture; and the State Board of Agriculture is hereby authorized, empowered and directed to examine into and verify all the items of expenditure proposed for any of said appropriations, and nothing shall be paid out of any of said appropriations unless approved by the State Board of Agriculture.

Approved April 7, A. D. 1921.