Terms Used In Delaware Code > Title 3 > Chapter 22 - Nutrient Management

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed under this chapter that is offered for sale or distribution. See Delaware Code Title 3 Sec. 1501
• Advertisement: means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into any obligation or acquire any title or interest in, any merchandise. See Delaware Code Title 6 Sec. 2511
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agent: means any individual, partnership, corporation or trustee defined as a broker in § 2901 of Title 24, acting on behalf of a seller or buyer of residential real property. See Delaware Code Title 6 Sec. 2571
• Agricultural seed: includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this State as agricultural seeds, lawn seeds, and mixes of these seeds, and may include noxious weed seeds when the Department determines that noxious weed seed is being used as agricultural seed. See Delaware Code Title 3 Sec. 1501
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Article: means a product as distinguished from its trademark, label, or distinctive dress in packaging. See Delaware Code Title 6 Sec. 2531
• Bequest: Property gifted by will.
• Brand name: means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. See Delaware Code Title 3 Sec. 1703
• Buyer: means any individual, partnership, corporation or trustee purchasing any estate or interest in real property. See Delaware Code Title 6 Sec. 2571
• Buyer: means both the actual and prospective purchaser of a home food service plan, but does not include persons purchasing for resale. See Delaware Code Title 6 Sec. 2587
• Certificate of formation: means the certificate referred to in § 18-201 of this title, and the certificate as amended. See Delaware Code Title 6 Sec. 18-101
• Certification mark: means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization. See Delaware Code Title 6 Sec. 2531
• Certifying agency: means either of the following:

  a. See Delaware Code Title 3 Sec. 1501

• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Collective mark: means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization. See Delaware Code Title 6 Sec. 2531
• Commercial feed: means all materials or combination of materials which are distributed for the use as feed or for mixing in feed, for animals and cultured aquatic stock other than man except:

  a. See Delaware Code Title 3 Sec. 1703

• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: means all of the collective written or oral agreements between a seller and a buyer relating to the purchase of a home food service plan, except promissory notes or other financing agreements. See Delaware Code Title 6 Sec. 2587
• Contract feeder: means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product. See Delaware Code Title 3 Sec. 1703
• Contribution: means any cash, property, services rendered or a promissory note or other obligation to contribute cash or property or to perform services, which a person contributes to a limited liability company in the person's capacity as a member. See Delaware Code Title 6 Sec. 18-101
• Contribution: means the grant, promise or pledge of money, credit, property, financial assistance or other thing of value in response to a charitable/fraternal solicitation. See Delaware Code Title 6 Sec. 2593
• Conviction: A judgement of guilt against a criminal defendant.
• Credit card: means any card or document entitling its holder to obtain any goods or services by the production of the card or document, and entitling its holder to tender payment for such goods and services at a later date. See Delaware Code Title 6 Sec. 2541
• Customer-formula feed: means a mixture of commercial feeds or materials each batch of which mixture is mixed according to the specific instructions of the final purchaser, or contract feeder. See Delaware Code Title 3 Sec. 1703
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 1501
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distinct: means the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge. See Delaware Code Title 3 Sec. 1501
• Distribute: means to offer for sale, sell, or barter, commercial feed or customer-formula feed; or to supply, furnish or otherwise provide commercial feed or customer-formula feed to a contract feeder. See Delaware Code Title 3 Sec. 1703
• Distributor: means any person who distributes pursuant to paragraph (5) of this section. See Delaware Code Title 3 Sec. 1703
• Docket: A log containing brief entries of court proceedings.
• Document: means :

  a. See Delaware Code Title 6 Sec. 17-101

• Document: means :

  a. See Delaware Code Title 6 Sec. 18-101

• domestic limited liability company: means a limited liability company formed under the laws of the State of Delaware and having 1 or more members. See Delaware Code Title 6 Sec. 18-101
• Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and articles other than commercial feed intended to affect the structure or any function of the animal body. See Delaware Code Title 3 Sec. 1703
• Electronic transmission: means any form of communication not directly involving the physical transmission of paper, including the use of, or participation in, 1 or more electronic networks or databases (including 1 or more distributed electronic networks or databases), that creates a record that may be retained, retrieved and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient through an automated process. See Delaware Code Title 6 Sec. 18-101
• Ex officio: Literally, by virtue of one's office.
• Examination: means inspection, study or copying. See Delaware Code Title 6 Sec. 2511
• Feed ingredient: means each of the constituent materials making up a commercial feed. See Delaware Code Title 3 Sec. 1703
• Fiduciary: A trustee, executor, or administrator.
• Final settlement: means the time at which the parties have signed and delivered all papers and consideration to convey title to the estate or interest in residential real property being conveyed. See Delaware Code Title 6 Sec. 2571
• Flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this State. See Delaware Code Title 3 Sec. 1501
• Food item: means each edible product sold as part of a home food service plan, including, but not limited to, each constituent part or kind of meat cut from a primal source, each kind of whole poultry or poultry part, seafood products and other like products. See Delaware Code Title 6 Sec. 2587
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreclosure consultant: means a person who:

  a. See Delaware Code Title 6 Sec. 2402B

• Foreclosure consulting contract: means a written, oral, or equitable agreement between a foreclosure consultant and a homeowner for the provision of any foreclosure consulting service or foreclosure reconveyance. See Delaware Code Title 6 Sec. 2402B
• Foreclosure consulting service: includes :

  a. See Delaware Code Title 6 Sec. 2402B

• Foreclosure purchaser: means a person who acquires title or possession of a deed or other document transferring title to a residence in foreclosure as a result of a foreclosure reconveyance. See Delaware Code Title 6 Sec. 2402B
• Foreclosure reconveyance: means a transaction involving:

  a. See Delaware Code Title 6 Sec. 2402B

• Foreign limited liability company: means a limited liability company formed under the laws of any state or under the laws of any foreign country or other foreign jurisdiction. See Delaware Code Title 6 Sec. 18-101
• Foreign limited partnership: includes a partnership formed under the laws of any state or under the laws of any foreign country or other foreign jurisdiction consisting of 2 or more persons and having 1 or more general partners and 1 or more limited partners. See Delaware Code Title 6 Sec. 17-101
• Franchise: means a contract or other arrangement governing the business relationship within this State between a franchised distributor and a franchisor where the franchised distributor is required to pay more than $100 to enter into such contract or other arrangement; provided, however, that a franchised distributor as defined under paragraph (2)(d) of this section shall not be required to have paid any consideration to enter into such contract or other arrangement. See Delaware Code Title 6 Sec. 2551
• Franchised distributor: means an individual, partnership, corporation, or unincorporated association with a place of business within the State, and engaged in the business of:

  (a) Purchasing or taking on consignment products which bear the trademark or trade name of the manufacturer, producer or publisher for the primary purpose of selling such products to retail outlets; or

  (b) Selling in or through retail outlets products which bear the trademark or trade name of no more than 3 manufacturers, producers, publishers, trademark licensors, or trade name licensors; or

  (c) Purchasing or taking on consignment, books, magazines, journals, newspapers, or other publications for the primary purpose of selling such publications to retail outlets; or

  (d) Operating a service station, filling station, store, garage or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine. See Delaware Code Title 6 Sec. 2551

• Franchisor: means an individual, partnership, corporation or unincorporated association in the business of:

  (a) Distributing or selling to one or more franchised distributors, on its own behalf or on behalf of another, products which bear the trademark or trade name of the manufacturer, producer or publisher; or

  (b) Licensing the use of one or more trademarks or trade names to one or more franchised distributors; or

  (c) Distributing or selling to one or more franchised distributors, on its own behalf or on behalf of another, books, magazines, journals, newspapers, and/or other publications published by it or by another; or

  (d) Producing or refining of petroleum products, or the producer or fabricator of any automotive products sold or distributed by a service station. See Delaware Code Title 6 Sec. 2551

• Fraud: Intentional deception resulting in injury to another.
• freshwater: as used in this chapter or any regulation promulgated by the Department or permit issued by the Division or Director shall mean those waters in the State where the lunar tide does not regularly ebb and flow. See Delaware Code Title 7 Sec. 1102
• freshwater fish: as used in this chapter shall mean any species of finfish that may be found in fresh or nontidal waters of this State. See Delaware Code Title 7 Sec. 1102
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Germination: means the percentage of seeds capable of producing normal seedlings under ordinarily, favorable conditions, not including seeds which produce weak, malformed, or obviously abnormal sprouts. See Delaware Code Title 3 Sec. 1501
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hard seed: means the percentage of seeds which, because of hardness or impermeability, do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned. See Delaware Code Title 3 Sec. 1501
• Home food service plan: means a plan of food items or food items in combination with non-food items and/or service offered by the seller for profit and for sale in the consumer's home, whether or not a membership fee or similar charge is involved. See Delaware Code Title 6 Sec. 2587
• Homeowner: means the record owner of a residence in default or a residence in foreclosure. See Delaware Code Title 6 Sec. 2402B
• Hybrid: means the first generation seed of a cross produced by controlling the pollination and by combining any of the following:

  1. See Delaware Code Title 3 Sec. 1501

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Item price: means the price of a food or non-food item sold as part of a home food service plan, computed to the nearest tenth of 1 cent when less than $1. See Delaware Code Title 6 Sec. 2587
• Kind: means 1 or more related species or subspecies that singly or collectively is known by 1 common name, such as corn, oats, alfalfa, and timothy. See Delaware Code Title 3 Sec. 1501
• Label: means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed or customer-formula feed is distributed. See Delaware Code Title 3 Sec. 1703
• Labeling: means all labels, in any form, including written, printed, or graphic representations, that accompany or pertain to any seed, whether in bulk, in containers, or as representations on invoices. See Delaware Code Title 3 Sec. 1501
• Lease: means any lease, offer to lease or attempt to lease any merchandise for any consideration. See Delaware Code Title 6 Sec. 2511
• Limited liability company agreement: means any agreement (whether referred to as a limited liability company agreement, operating agreement or otherwise), written, oral or implied, of the member or members as to the affairs of a limited liability company and the conduct of its business. See Delaware Code Title 6 Sec. 18-101
• Limited liability company agreement: means any agreement (whether referred to as a limited liability company agreement, operating agreement or otherwise), written, oral or implied, of the member or members as to the affairs of a limited liability company and the conduct of its business. See Delaware Code Title 6 Sec. 18-101
• Limited liability company interest: means a member's share of the profits and losses of a limited liability company and a member's right to receive distributions of the limited liability company's assets. See Delaware Code Title 6 Sec. 18-101
• Liquidating trustee: means a person carrying out the winding up of a limited liability company. See Delaware Code Title 6 Sec. 18-101
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local telephone directory: means a telephone classified advertising directory or the business section of a telephone directory that is distributed free of charge to some or all telephone subscribers in a local area. See Delaware Code Title 6 Sec. 2511
• Local telephone number: means a telephone number that has the 3-number prefix(es) used by the telephone service company(ies) for telephones physically located within the area covered by the local telephone directory in which the number is listed. See Delaware Code Title 6 Sec. 2511
• Lot: means a definite quantity of seed identified by a lot number or other mark, in which every portion or bag is uniform within recognized tolerances for the factors in the labeling. See Delaware Code Title 3 Sec. 1501
• Manager: means a person who is named as a manager of a limited liability company in, or designated as a manager of a limited liability company pursuant to, a limited liability company agreement or similar instrument under which the limited liability company is formed, and includes a manager of the limited liability company generally and a manager associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
• Manufacture: means to grind, mix, or blend, or further process a commercial or customer-formula feed for distribution. See Delaware Code Title 3 Sec. 1703
• Mark: means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement. See Delaware Code Title 6 Sec. 2531
• Medicated feed: means any feed which contains drug ingredients intended or presented for the cure, mitigation, treatment, or prevention of diseases of animals other than man or which contains drug ingredients intended to affect the structure or any function of the body of animals other than humans. See Delaware Code Title 3 Sec. 1703
• Member: means a person who is admitted to a limited liability company as a member as provided in § 18-301 of this title, and includes a member of the limited liability company generally and a member associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
• Member: means a person who is admitted to a limited liability company as a member as provided in § 18-301 of this title, and includes a member of the limited liability company generally and a member associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
• Merchandise: means any objects, wares, goods, commodities, intangibles, real estate or services. See Delaware Code Title 6 Sec. 2511
• Minority leader: See Floor Leaders
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Non-food item: means each inedible product sold as part of a home food service plan, including, but not limited to, paper products, health and beauty products, detergents, cleaners and disinfectants, rolls of wrapping and like products. See Delaware Code Title 6 Sec. 2587
• Oath: A promise to tell the truth.
• Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
• Official sample: means any sample of feed taken by the Department or its agent and designated as "official" by the Department. See Delaware Code Title 3 Sec. 1703
• Origin: means the state or foreign country, or the designated portion of a state or foreign country, where the seed was grown. See Delaware Code Title 3 Sec. 1501
• Partner: means a limited or general partner. See Delaware Code Title 6 Sec. 17-101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• percentage: means percentage by weight. See Delaware Code Title 3 Sec. 1703
• Person: includes any individual, partnership, corporation, company, society, or association. See Delaware Code Title 3 Sec. 1501
• Person: means an individual, partnership, corporation, association, and other entities. See Delaware Code Title 3 Sec. 1703
• Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 18-101
• Person: means an individual, corporation, government, or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership, unincorporated association, 2 or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Delaware Code Title 6 Sec. 2511
• Person: means an individual, corporation, government, or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership, unincorporated association, 2 or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Delaware Code Title 6 Sec. 2531
• Person: includes an individual, corporation, trust, estate, partnership, unincorporated association, or any other legal or commercial entity. See Delaware Code Title 6 Sec. 2561
• Person: means any individual, organization, corporation, government, or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership, unincorporated association, limited liability company, limited liability partnership, 2 or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Delaware Code Title 6 Sec. 2593
• Personal representative: means , as to a natural person, the executor, administrator, guardian, conservator or other legal representative thereof and, as to a person other than a natural person, the legal representative or successor thereof. See Delaware Code Title 6 Sec. 18-101
• Pet: means dog or cat. See Delaware Code Title 3 Sec. 1703
• Pet food: means any commercial feed prepared and distributed for consumption by pets. See Delaware Code Title 3 Sec. 1703
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Primal source: means the following cuts:

  a. See Delaware Code Title 6 Sec. 2587

• Primary housing expenses: means the total amount required to pay regular mortgage principal, mortgage interest, rent, utilities, hazard insurance, real estate taxes, and association dues on a property. See Delaware Code Title 6 Sec. 2402B
• Product name: means the name of the commercial feed which identifies it as to kind, class or specific use and distinguishes it from all other products bearing the same brand name. See Delaware Code Title 3 Sec. 1703
• Products: means any tangible items offered for sale irrespective of their nature, including, without limiting the generality of the term, all types of publications. See Delaware Code Title 6 Sec. 2551
• Professional solicitor: means a person who, for financial consideration, solicits contributions for a charitable/fraternal purpose or on behalf of a charitable/fraternal organization, either personally or through agents or employees employed or designated for that purpose. See Delaware Code Title 6 Sec. 2593
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protected series: means a designated series of members, managers, limited liability company interests or assets that is established in accordance with § 18-215(b) of this title. See Delaware Code Title 6 Sec. 18-101
• Pure seed: means seed exclusive of inert matter and other seeds, as determined by methods under regulations promulgated under this chapter. See Delaware Code Title 3 Sec. 1501
• Pyramid or chain distribution scheme: means a sales device whereby a person, upon a condition that the person part with money, property or any other thing of value, is granted a franchise license, distributorship or other right which person may further perpetuate the pyramid or chain of persons who are granted such franchise, license, distributorship or right upon such condition. See Delaware Code Title 6 Sec. 2561
• Quantity statement: means the net weight (mass), liquid measure, or count. See Delaware Code Title 3 Sec. 1703
• Quorum: The number of legislators that must be present to do business.
• Record: includes all information relating to a shipment and a file sample of each lot of seed. See Delaware Code Title 3 Sec. 1501
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registered series: means a designated series of members, managers, limited liability company interests or assets that is formed in accordance with § 18-218 of this title. See Delaware Code Title 6 Sec. 18-101
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Resale: means a bona fide market sale of property subject to a foreclosure reconveyance by the foreclosure purchaser to an unaffiliated third party. See Delaware Code Title 6 Sec. 2402B
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Residence in default: means residential real property consisting of not more than 4 single-family dwelling units, 1 of which is occupied by the owner as the individual's principal place of residence, and on which the mortgage is at least 60 days in default. See Delaware Code Title 6 Sec. 2402B
• Residence in foreclosure: means residential real property consisting of not more than 4 single-family dwelling units, 1 of which is occupied by the owner as the individual's principal place of residence, and against which any type of foreclosure action has been filed. See Delaware Code Title 6 Sec. 2402B
• Residential real property: means any estate or interest in a manufactured housing lot or real property, improved by dwelling units for 1-4 families. See Delaware Code Title 6 Sec. 2571
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• sale: includes exchange. See Delaware Code Title 3 Sec. 1703
• Sale: means any sale, offer for sale or attempt to sell any merchandise for any consideration. See Delaware Code Title 6 Sec. 2511
• Seller: means any individual, partnership, corporation or trustee transferring residential real property. See Delaware Code Title 6 Sec. 2571
• Seller: means any person, partnership, corporation or association, however organized, engaged in the sale of a home food service plan. See Delaware Code Title 6 Sec. 2587
• Series: means a designated series of members, managers, limited liability company interests or assets that is a protected series or a registered series, or that is neither a protected series nor a registered series. See Delaware Code Title 6 Sec. 18-101
• Service charge: means the total price for any additional features, services and processing associated with the purchase of a home food service plan, whether stated in terms of membership fees or otherwise. See Delaware Code Title 6 Sec. 2587
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: means an in-person, face-to-face meeting with the homeowner to complete final documents incident to the sale or transfer of real property, or the creation of a mortgage or equitable interest in real property, conducted by a settlement agent who is not employed by, or an affiliate of, the foreclosure purchaser, during which the homeowner must be presented with a completed copy of the HUD-1 Settlement form. See Delaware Code Title 6 Sec. 2402B
• Stable: means the variety will remain unchanged in its essential and distinctive characteristics and remain uniform when reproduced or reconstituted. See Delaware Code Title 3 Sec. 1501
• State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 18-101
• Statute: A law passed by a legislature.
• Stop sale: means an administrative order restraining the sale, use, disposition, and movement of a definite amount of seed. See Delaware Code Title 3 Sec. 1501
• Subagent: means any individual, partnership, corporation or trustee defined as a broker or sales person in § 2901 of Title 24 acting on behalf of an agent. See Delaware Code Title 6 Sec. 2571
• Subpoena: A command to a witness to appear and give testimony.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trade name: means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify a business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others. See Delaware Code Title 6 Sec. 2531
• Trademark: means a mark used by a person to identify goods and to distinguish them from the goods of others. See Delaware Code Title 6 Sec. 2531
• Treated: means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made. See Delaware Code Title 3 Sec. 1501
• Tree and shrub seeds: includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State. See Delaware Code Title 3 Sec. 1501
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Delaware Code Title 3 Sec. 1501
• Unfair practice: means any act or practice that causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. See Delaware Code Title 6 Sec. 2511
• Uniform: means the variations in essential and distinctive characteristics are describable. See Delaware Code Title 3 Sec. 1501
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Variety: means a subdivision of a kind that is distinct, uniform, and stable, defined as follows:

  a. See Delaware Code Title 3 Sec. 1501

• Vegetable seeds: includes the seeds of those crops which are grown in gardens or truck farms and are generally known and sold under the name of vegetable seeds in this State. See Delaware Code Title 3 Sec. 1501
• Venue: The geographical location in which a case is tried.
• Weed seeds: includes the seeds of all plants generally recognized as weeds within this State and includes noxious weed seeds. See Delaware Code Title 3 Sec. 1501
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.