reglab/housing_qa huggingface dataset:
3 DE Code § 1206. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter II. Regulation of Sale and Use of Pesticides and Devices|§ 1206. Licensing — Required; classification.

§ 1206. Licensing — Required; classification. (a) No person shall engage in the business of applying pesticides to the lands or personal property of another unless such person has been duly licensed by the Department. Further, no license shall be issued to any person, nor shall it remain valid, unless such person is certified or employs a certified applicator at all times. At least 1 person designated as a certified applicator under the license shall meet the experience requirement specified in §  1207(c) of this title. No license shall be required of any private applicator. (b) The Department shall classify or subclassify licenses to be issued under this chapter. Such classifications may include, but are not limited to, pest control operators and ornamental, agricultural or right-of-way pesticide applicators. Separate subclassifications may be specified as to ground, aerial or manual methods used by any licensee to apply pesticides and to the use of pesticides to control pests (provided that no person shall be required to pay an additional license fee if such person desires to be licensed in 1 or all of the license classifications provided for by the Department under the authority of this chapter). 60 Del. Laws, c. 671, §  1;  69 Del. Laws, c. 101, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 234, §  1;
3 DE Code § 1207. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter II. Regulation of Sale and Use of Pesticides and Devices|§ 1207. Same — Procedure.

§ 1207. Same — Procedure. (a) Application for a license shall be made in writing to the Department on a designated form obtained from the Department. (b) The Department shall require a fee of $50 for an annual license or $100 for a biennial license. (c) The Department shall issue a license limited to the classifications of pesticide use for which an applicant is qualified. To qualify for a license, the following conditions shall be met:  (1) The applicant must provide evidence that at least 1 applicator in his or her employ is certified to apply pesticides in the classification(s) of pest control for which he or she is applying. At least 1 of these certified applicators must have a minimum of 2 years practical experience under the supervision of a certified applicator. This experience shall have been acquired during the previous 3-year period and shall be related to the license classification at issue. (2) The applicant files the proper proof of financial responsibility as required under § 1208(a) of this title. (3) If the applicant is applying for a license to engage in the aerial application of pesticides, he or she shall have met all the requirements of the Federal Aviation Administration and any other applicable federal or state laws or regulations to operate the equipment described in the application. (d) The Department may limit the license of the applicant to the use of certain pesticides, to certain areas or to certain types of equipment if the applicant is only so qualified. If a license is not issued as applied for, the department shall inform the applicant in writing of the reasons therefor. (e) If the application for renewal of any license provided for in this chapter is not filed prior to the 1st day of January in any year, a penalty of 20 percent of the yearly fee shall be assessed and added to the renewal fee and shall be paid by the applicant before the renewal license shall be issued. 60 Del. Laws, c. 671, §  1;  65 Del. Laws, c. 187, §  5;  67 Del. Laws, c. 137, §  1;  67 Del. Laws, c. 260, §  1;  72 Del. Laws, c. 233, §  2;  72 Del. Laws, c. 234, §  2;
3 DE Code § 1208. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter II. Regulation of Sale and Use of Pesticides and Devices|§ 1208. Same — Denial of license.

§ 1208. Same — Denial of license. (a) The Department shall refuse to grant a license until the applicant has furnished evidence of financial responsibility with the Department consisting either of a surety bond or a liability insurance policy or certification thereof, or other evidence of financial responsibility acceptable to the Department within the financial capabilities of the industries involved. The Department may determine the insurance and surety requirements after due notice and a hearing. (b) The Department may refuse to grant a license to any person who has committed any unlawful acts pursuant to § 1224 of this title. 60 Del. Laws, c. 671, §  1;  72 Del. Laws, c. 234, §  3;
3 DE Code § 1209. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter II. Regulation of Sale and Use of Pesticides and Devices|§ 1209. Same — Suspension; modification; revocation.

§ 1209. Same — Suspension; modification; revocation. (a) The Department may, after notice and opportunity for a hearing, suspend or modify any license granted under this chapter where the Department has reasonable grounds to believe that the licensee is responsible for any unlawful acts pursuant to § 1224 of this title. The Department shall furnish the licensee with notice of the time and place of the hearing, which notice shall be served personally or by registered mail directed to the licensee's place of business or last known address with postage fully paid within 10 days prior to the time fixed for the hearing. (b) (1) The Department may, after notice and opportunity for hearing, revoke any license granted under this chapter if the licensee has been found to have committed any unlawful act under this chapter. (2) Should the surety furnished for a license become unsatisfactory, the licensee shall, upon notice, immediately execute a new bond, insurance or other financial responsibility, or, should the licensee fail to furnish a new surety, the Department shall revoke the license and give the licensee notice of the revocation. (3) Should the licensee no longer employ a certified applicator with 2 years practical experience, the department shall revoke the licensee's license and give the licensee notice of the revocation.60 Del. Laws, c. 671, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 234, §  3;
3 DE Code § 1210. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter II. Regulation of Sale and Use of Pesticides and Devices|§ 1210. Same — Renewal of license.

§ 1210. Same — Renewal of license. All licenses shall continue in effect until December 31 of the year in which the license expires, whereupon they shall become invalid unless renewed, except that a license for which a renewal application has been submitted to the Department by November 30 shall remain in full force and effect until such time as the Department gives written notice to the license holder of renewal or denial. Forms for renewal shall be mailed to all holders of current licenses by the Department by October 1 of the year in which they expire. 60 Del. Laws, c. 671, §  1;  72 Del. Laws, c. 233, §  3;
3 DE Code § 1211. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter II. Regulation of Sale and Use of Pesticides and Devices|§ 1211. Exemptions.

§ 1211. Exemptions. This subchapter, relating to licenses and requirements for their issuance, shall not apply to research personnel applying pesticides to bona fide experimental plots. By regulation, the Department may exempt certain license applicants from the experience requirements specified in § 1207(c) of this title. Exemptions from the § 1207(c) requirements shall include, but not be limited to, persons applying pesticides to turf or ornamental plants. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;  72 Del. Laws, c. 234, §  4;
3 DE Code § 1212. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter II. Regulation of Sale and Use of Pesticides and Devices|§ 1212. Registration of noncertified individuals; fee.

§ 1212. Registration of noncertified individuals; fee. (a) The Department shall by regulation provide a program of registering noncertified individuals in the employ of licensees. (b) The Department shall by regulation charge a fee not to exceed $25 for the registration of noncertified individuals in the employ of licensees. (c) The employee registration fee shall not be required of a certified commercial applicator, provided that the applicator's certificate is valid. 60 Del. Laws, c. 671, §  1;  67 Del. Laws, c. 275, §§  1-3;
3 DE Code § 1213. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter II. Regulation of Sale and Use of Pesticides and Devices|§ 1213. Nonresidents; service of process.

§ 1213. Nonresidents; service of process. Any nonresident applying for a license under this chapter shall appoint and constitute the Secretary of State of this State the nonresident's agent for the acceptance of legal process in any civil action against such nonresident. Any such process when so served shall be of the same legal force and validity as if served upon such nonresident personally within the State. Such appointment shall be irrevocable and binding on the nonresident's executor or administrator; provided, however, that any such nonresident who has a duly appointed resident agent upon whom process may be served as provided by law shall not be required to designate the Secretary of State as such agent. The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents. The Department shall be furnished with a copy of such designation of the Secretary of State or of a resident agent, such copy to be duly certified by the Secretary of State. 60 Del. Laws, c. 671, §  1;  70 Del. Laws, c. 186, §  1;
3 DE Code § 1215. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter III. Certification of Applicators|§ 1215. Applicability of subchapter.

§ 1215. Applicability of subchapter. This subchapter shall become applicable upon approval by the Administrator of E.P.A. of the state plan submitted by the Governor pursuant to § 4(a)(2) of FIFRA [7 U.S.C. § 136i(a)(2)]. 60 Del. Laws, c. 671, §  1;
3 DE Code § 1216. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter III. Certification of Applicators|§ 1216. Certification — Required.

§ 1216. Certification — Required. In order to prevent unreasonable adverse effects on the environment, including injury to users of pesticides and others, no individual shall use any restricted use pesticide unless such individual has either been duly certified by the Department or is under the direct supervision of a certified applicator. An applicant for certification must be at least 18 years of age. 60 Del. Laws, c. 671, §  1;  67 Del. Laws, c. 311, §  1;
3 DE Code § 1217. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter III. Certification of Applicators|§ 1217. Same — Standards; classifications.

§ 1217. Same — Standards; classifications. (a) The Department in promulgating regulations under this chapter shall prescribe standards for the certification of applicators of pesticides. Such standards shall relate to the use and handling of pesticides, or to the use and handling of the pesticides or class of pesticides covered by the individual's certification, and shall be relative to the hazards involved. In determining standards, the Department shall consider the characteristics of the pesticide formulation such as: The acute mammalian toxicity; the persistence, mobility and susceptibility to biological concentration; the use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information; the relative hazards of patterns of use such as granular soil applications, ultra low volume or aerial dust applications, or air blast sprayer applications; and the extent of the intended use. Further, the Department shall adopt by regulation the certification standards of the E.P.A. (b) The Department shall classify or subclassify certifications to be issued under this chapter. Such classifications shall include commercial applicators and private applicators, and classifications and subclassifications may include, but not be limited to, pest control operators, ornamental, agricultural or right-of-way pesticide applicators. Separate subclassifications may be specified as to ground, aerial or manual methods used by any applicator to apply pesticides or to the use of pesticides to control insects and plant diseases, rodents or weeds. Each classification shall be subject to separate examination procedures and requirements. 60 Del. Laws, c. 671, §  1;
3 DE Code § 1218. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter III. Certification of Applicators|§ 1218. Same — Procedure.

§ 1218. Same — Procedure. (a) The Department, by regulation, shall provide for a certification procedure. Such procedure shall consist, in part, of an application and examination, except that the examination requirement may be waived in part or whole by the Department on a reciprocal basis with any other state which has substantially the same standards. (b) The Department shall by regulation require an annual certification fee for commercial applicators. 60 Del. Laws, c. 671, §  1;  64 Del. Laws, c. 189, §  5;  65 Del. Laws, c. 187, §  1;
3 DE Code § 1219. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter III. Certification of Applicators|§ 1219. Same — Renewal of certification.

§ 1219. Same — Renewal of certification. An applicator's certification shall automatically renew under the classification or subclassification for which such applicator is certified; provided, however, reexamination may be required by the Department:  (1) Of any applicator whose certification, license or permit has been suspended, revoked or modified; (2) At any time if significant technological developments have occurred to require additional knowledge related to the classifications or subclassifications for which the applicator has been certified, and to assure a continuing level of competence and ability to use pesticides safely and properly; or (3) When required by additional standards established by the E.P.A. Such reexamination or special examination requirements may be waived by the Department when the applicator can furnish satisfactory evidence of completion of educational courses, programs or seminars approved by the Department relating to the applicator's certification. 60 Del. Laws, c. 671, §  1;
3 DE Code § 1220. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter III. Certification of Applicators|§ 1220. Same — Denial; revocation; suspension; modification.

§ 1220. Same — Denial; revocation; suspension; modification. (a) If the applicant is not certified under this subchapter, the Department shall notify such applicant, in writing, of the reasons therefor. (b) The Department, after due notice and opportunity for hearing, may suspend, revoke or modify any provision of any certification, including reciprocal certification, issued under this subchapter if the Department finds that the certified applicator or any individual acting under the direct supervision of such certified applicator has committed any acts declared by this chapter to be unlawful, or the certified applicator has been convicted or is subject to a final order imposing a civil penalty under § 14 of FIFRA [7 U.S.C. § 136l]. (c) The Department shall deny the issuance of a certification to any person working under the direction or employment of an applicator whose certification has been suspended, revoked or modified. Such denial shall continue in effect until the term of the Department's final order has expired. 60 Del. Laws, c. 671, §  1;  67 Del. Laws, c. 333, §  3;
3 DE Code § 1221. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter III. Certification of Applicators|§ 1221. Hearing procedure.

§ 1221. Hearing procedure. All hearings which are held for the suspension, modification or revocation of license, permit or certification shall be conducted by the Secretary. The licensee, permit holder or certified applicator shall have the right to appear personally, and to be represented by counsel, and to produce evidence and witnesses in his own behalf. The Department shall preserve a full record of the proceeding. A transcript of the record may be purchased by any person interested in such hearing on payment to the Department the cost of preparing such transcript. The Department shall notify the licensee, permit holder or certified applicator of its decision in writing within 30 days after the conclusion of the hearing. 60 Del. Laws, c. 671, §  1;  64 Del. Laws, c. 189, §  6;
3 DE Code § 1222. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter III. Certification of Applicators|§ 1222. Appeals.

§ 1222. Appeals. Any licensee, permit holder or certified applicator who feels aggrieved by an action of the Department in denying, suspending, modifying or revoking his or her license, permit or certification may take an appeal, within 30 days of such action, to the Superior Court, and after full hearing the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds therefor, shall be served upon the Secretary of the Department. 60 Del. Laws, c. 671, §  1;  70 Del. Laws, c. 186, §  1;
3 DE Code § 1223. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter III. Certification of Applicators|§ 1223. Reinstatement.

§ 1223. Reinstatement. Upon denial, suspension, modification or revocation of a license, permit or certification, any person may reapply to the Department after a time period set by the Department not to exceed 1 year. 60 Del. Laws, c. 671, §  1;
3 DE Code § 1225. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter IV. Unlawful Acts; Penalties; Jurisdiction|§ 1225. Civil penalties; exemptions.

§ 1225. Civil penalties; exemptions. (a) (1) In addition to proceeding under any other remedy available at law or in equity for a violation of this chapter or a rule or regulation adopted thereunder, or any order issued pursuant to, the Secretary may assess a civil penalty not to exceed $2,500 upon a person other than a private applicator for each offense. In the case of a private applicator, the Secretary may assess a civil penalty not to exceed $500 for each offense involving a violation of this chapter or a rule or regulation adopted thereunder, or any order issued pursuant thereto. (2) No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29. (3) In determining the amount of the penalty, the Secretary shall consider the appropriateness of such penalty to the size of the person's ability to continue in business and the gravity of the violation. Whenever the Secretary finds the violation occurred despite the exercise of due care or did not cause significant harm to health or the environment, the Secretary may issue a warning in lieu of assessing a penalty. (4) In cases of inability to collect such civil penalty or failure of any person to pay all, or such portion of such penalty as the Secretary may determine, the Secretary shall refer the matter to the Attorney General's Office of the State who shall recover such amount by action in the appropriate court. (b) The penalties provided by this chapter shall not apply to:  (1) Any carrier while lawfully engaged in transporting a pesticide or device within this State, if such carrier shall, upon request, permit the Department to copy all records showing the transactions in and movement of the pesticide or device; (2) Any person who prepares or packs any pesticide or device intended solely for export to a foreign country according to the specifications or directions of the purchasers; (3) The manufacturer or shipper of a pesticide for experimental use only:  a. By or under the supervision of an agency of this State or of the federal government authorized by law to conduct research in the field of pesticides; or b. By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked “for experimental use only, not to be sold,” together with the manufacturer's name and address; provided, however, that if an experimental use permit has been obtained from the Department, pesticides may be sold for experiment purposes subject to such restrictions and conditions as may be set forth in the permit.58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;  65 Del. Laws, c. 187, §  4;  67 Del. Laws, c. 333, §§  1, 2;
3 DE Code § 1226. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter V. Inspection and Seizure|§ 1226. Inspection.

§ 1226. Inspection. (a) For the purpose of carrying out this chapter, the Department may enter upon any public premises, and in the case of private premises, may enter with the written approval of the occupier of the premises, in order to:  (1) Inspect and sample lands actually or reported to be exposed to pesticides; (2) Inspect storage or disposal areas; (3) Inspect or investigate complaints of injury to humans or land; (4) Sample pesticides being applied or to be applied; (5) Observe the use of a restricted use pesticide or state restricted pesticide use; (6) Inspect books and records relating to the shipment, sale or use of pesticides; or (7) Sample pesticides being held for sale or distribution. (b) Should the Department be denied access to any land where such an access was sought for the purposes set forth in this chapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application issue the search warrant for the purposes requested. 60 Del. Laws, c. 671, §  1;  64 Del. Laws, c. 189, §  9;
3 DE Code § 1227. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter V. Inspection and Seizure|§ 1227. Seizure.

§ 1227. Seizure. (a) Any pesticide or device that is distributed within this State may be liable to seizure and forfeiture by the Department upon application to the Superior Court in and for the county wherein the pesticide in question is located:  (1) In the case of a pesticide, the court shall order forfeiture without compensation:  a. If it is adulterated or misbranded; b. If it has not been registered under § 1203 or 1204 of this title; c. If it fails to bear on its label the information required by this chapter; or d. If it is a white powder pesticide and is not colored as required under this chapter. (2) In the case of a device, if it is misbranded. (b) If the pesticide or device is forfeited or condemned, it shall, after entry of decree, be disposed of by destruction or sale as the Department may direct and the proceeds, if such pesticide or device is sold, less legal costs, shall be paid to the General Fund; provided, that the pesticide or device shall not be sold contrary to this chapter; and provided further, that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the Department may direct that said pesticide or device be delivered to the owner thereof for relabeling or reprocessing as the case may be. (c) When a decree of condemnation or forfeiture is entered against the pesticide or device, Department costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide or device. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
3 DE Code § 1228. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter VI. Pesticide Advisory Committee|§ 1228. Established.

§ 1228. Established. A Pesticide Advisory Committee is hereby established. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;