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§ 1308 Labeling and advertising of nursery stock.

3 DE Code § 1308 (2019) (N/A)
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(a) Plants, plant materials or nursery stock shall not be labeled or advertised with false or misleading information. This includes, but is not limited to, common name, scientific name, variety, place of origin and growth habit.

(b) A person(s) may not offer for sale, sell, give away, or in any way distribute plants, plant materials or nursery stock, represented by some specific or special form of notation, including, but not limited to:

(c) Before any person(s) advertises plants, plant materials or nursery stock for sale, a copy of their nursery business license must be provided to the publisher or producer of the advertisement. The nursery business license number must be included in the advertisement and if appropriate, be legible or audible. This requirement shall extend to all forms of advertising media, including but not limited to, radio, television, outdoor sign boards, telephone business directories (i.e., Yellow Pages), newspaper and magazine advertisements or vehicular identification/advertisement.

21 Del. Laws, c. 216, § 10; Code 1915, § 659; Code 1935, § 577; 3 Del. C. 1953, § 1302; 65 Del. Laws, c. 491, § 1; 70 Del. Laws, c. 332, § 1.

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