§ 1308 — Labeling and advertising of nursery stock

(a) Plants, plant materials, or nursery stock must not be labeled or advertised with false or misleading information. This includes common name, scientific name, variety, place of origin, and growth habit.

(b) A person 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 “free from” or “grown free of,” unless such plants are produced under a specific program accepted by the Department to address the specific plant properties addressed in the special notation claim.

(c) Before any person advertises plants, plant materials, or nursery stock for sale, a copy of the person’s 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 radio, television, outdoor sign boards, telephone business directories (such as the Yellow Pages), newspaper advertisements, magazine advertisements, or vehicular identification or advertisements.

Legislative History

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 ; 85 Del. Laws, c. 68, § 8