CHAPTER 361
STATE BOARD OF AGRICULTURE
POULTRY BREEDING
AN ACT TO AMEND CHAPTER 21 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "STATE BOARD OF AGRICULTURE," WITH REFERENCE TO THE BREEDING OF BETTER POULTRY AND THE FUNCTIONS OF THE STATE BOARD OF AGRICULTURE IN CONNECTION THEREWITH.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the Members elected to each Branch thereof concurring therein):
Section 1. That Chapter 21 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing all of 626. Sec. 59, and 627. Sec. 60, thereof, and by substituting and enacting in lieu of the sections so stricken out two new sections 626. Sec. 59, and 627. Sec. 60, as follows:
626. Sec. 59. BETTER POULTRY BREEDING; STATE BOARD TO INSPECT POULTRY; ISSUE CERTIFICATES; ACCREDITED FLOCKS AND CERTIFIED HATCHERIES; RULES AND REGULATIONS:--That for the encouragement of the breeding of better poultry in Delaware and for the improvement in the quality of chicks from the hatcheries of the State, the State Board of Agriculture is hereby given the authority to have inspections made of poultry flocks and chick hatcheries in the State of Delaware upon application of the owners thereof and to make rules for such inspections. When such State inspection shows freedom from disease and the meeting of standards for poultry flocks and chick hatcheries, which standards the State Board of Agriculture is hereby given authority to establish, the said Board may issue certificates to the said owners showing that the said standards have been met. The State Board of Agriculture is given authority to make rules and regulations for the management and care of the aforesaid flocks. When
hatcheries in this State use for hatching purposes eggs from flocks of poultry certified as aforesaid, such hatcheries, upon compliance with all rules and regulations of the State Board of Agriculture shall be issued certificates setting forth the classification of their hatcheries. The State Board of Agriculture shall have power to make rules and regulations for the movement, sale, labeling and advertising of all chicks, eggs and poultry produced by flocks and hatcheries under State supervision as aforesaid.
627, Sec. 60. REVOCATION OF CERTIFICATES; PENALTY FOR VIOLATIONS; JURISDICTION OF COURTS:--The State Board of Agriculture may revoke certificates issued in accordance with the foregoing section when the rules, regulations and requirements, made for flocks.of poultry and hatcheries as above defined are not complied with by the owners of such flocks and hatcheries. Any person selling or advertising for sale chicks, eggs or poultry, of the kind named in the foregoing section, or advertising in any way that his flock or hatchery is under State supervision without the authority of the State Board of Agriculture, shall be guilty of a misdemeanor, and upon conviction before any Justice of the Peace of the State of Delaware, any Court of Common Pleas of the State of Delaware or the Municipal Court of the City of Wilmington, or in any Court of General Sessions, shall be fined a sum of not less than Twenty-Five Dollars ($25.00), and not more than Five Hundred Dollars ($500.00), together with costs of suit.
Section 2. That Chapter 21 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by adding a new section after 627. Sec. 60 thereof to be designated 627A. Sec. 60A. as follows:
627A. Sec. 60A. STATE BOARD OF AGRICULTURE AUTHORIZED TO COOPERATE WITH UNITED STATES DEPARTMENT OF AGRICULTURE; EFFECTIVE DATE; PROVISIONS SEVERABLE:--The State Board of Agriculture is hereby authorized to cooperate with the United States Department of Agriculture in the administration of the National Poultry Improvement Plan or the National Turkey Improvement Plan.
This Act shall become operative on July 1, 1949.
If any provision of this Act, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Mt are declared to be severable.