Delaware § 1507 - Duties and authority of the Department.

§ 1507. Duties and authority of the Department.

(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;