3 DE Code § 1101. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 11. Plant Pests|§ 1101. Definitions.

§ 1101. Definitions. The following words shall, for purposes of this chapter, be defined as follows:  (1) “Agriculture” — the production of plants and animals useful to humans, including all forms of farm products and farm production. (2) “Biological control agent(s)” — any living organism which because of its parasitic, predatory or other biological characteristics, may be effective in the suppression or control of pests or plant pests. (3) “Control (of a pest)” — to curb or hold in check and includes, but is not limited to, abatement, containment, eradication, extermination or suppression. (4) “Dangerously injurious plant pest” — a plant pest that constitutes a significant threat to the agricultural, forest or horticultural interests of this State, or the State's general environmental quality. (5) “Department” — the State of Delaware Department of Agriculture and its officers, inspectors, employees, agents or representatives. (6) “Environment” — the land, air, water, animals, plants and other natural resources of the State, as they interact with or are affected by pests or plant pests. (7) “Horticultural product” — those products stated in Group 18 of the United States Department of Labor Standard Industrial Classification Manual which are grown under cover or outdoors, including bulbs, flowers, shrubbery, florist greens, ferns, fruit stock, floral products, nursery stock, ornamental plants, potted plants, house plants, roses, seed, Christmas trees, fruits, food crops grown in greenhouses, vegetables and horticultural specialties not otherwise specified. (8) “Infected” — a plant that has been determined by the Department to be contaminated with an infectious, transmissible or contagious plant pest or so exposed to the aforementioned that contamination can reasonably be expected to exist. This includes disease conditions, regardless of their mode of transmission, or any disorder of plants which manifest symptoms which, after investigation are determined by a federal or state pest prevention agency, to be characteristic of an infectious, transmissible or contagious disease. (9) “Infested” — a plant that has been determined by the Department to be contaminated by a dangerously injurious plant pest, or so exposed to the aforementioned that contamination can reasonably be expected to exist. (10) “Mark” — to affix, for purposes of identification or separation, a conspicuous official indicator to, on, around or near, plants or plant material known or suspected to be infected or infested with or by a dangerously injurious plant pest. This includes, but is not limited to, paint, markers, tags, seals, stickers, tape, signs or placards. (11) “Owner(s)” — includes, but is not limited to, the person, persons, family, group, firm, association, business, company, incorporated entity or organization with the legal right of possession, proprietorship of or responsibility for the property or place where any of the regulated articles defined in this chapter are to be found, or person(s) who are in possession of, in proprietorship of or have responsibility for the regulated articles. (12) “Person(s)” — includes, but is not limited to, individual, family, group, firm, association, business, company, incorporated entity or organization. (13) “Pest” — includes any biotic agent that is known to cause damage or harm to agriculture or the environment. (14) “Plant” — includes, but is not limited to, any part of a plant, tree, aquatic plant, plant product, shrub, vine, fruit, rhizome, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit pit, including:  a. Agricultural commodities — plant products including any horticultural product. b. Crop seed — the seed or seedlike fruit of grain, vegetables, fruits or fiber plants, or any other crop whether or not it is intended for planting purposes. c. Farm product — every agricultural, horticultural, viticultural and vegetable product of the soil, bees and apiary products, hay, dried beans, honey and cut flowers. d. Nursery stock — any plant for planting, propagation or ornamentation. e. Noncultivated or feral plants gathered from the environment. f. Plants produced by tissue culture, cloning or from stem cell cultures or other prepared media culture. (15) “Plant Pest” — includes, but is not limited to, any pest of plants, agricultural commodities, crop seed, farm products, horticultural products, nursery stock or noncultivated plants. This includes, but is not limited to, insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like organisms, weeds, plants or parasitic higher plants. (16) “Quarantine” — a legal instrument duly imposed or enacted by the Department as a means for mitigating pest risk. These actions include, but are not limited to, confinement or restriction of entry, movement, shipment or transportation of plants known or suspected to be infected or infested with some dangerously injurious plant pests. (17) “Secretary” — the Secretary of the State of Delaware Department of Agriculture or his or her designee. (18) “Tenant(s)” — includes, but is not limited to, the person, persons, family, group, firm, association, business, company, incorporated entity or organization which rents or sublets, with the landlord's consent, the property or place where regulated articles, as defined in this chapter, are to be found.66 Del. Laws, c. 153, §  2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 325, §  1;