2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter II. Regulation of Sale and Use of Pesticides and Devices › § 1214. Permits.

§ 1214. Permits.
(a) The Department shall require that:
(1) No person may use a pesticide designated as a “state restricted use pesticide” until that person has a permit duly issued by the Department; and
(2) No person may sell a “restricted use pesticide” or a “state restricted use pesticide” unless that person has a dealer permit.
(b) Applications for permits shall be made to the Department on forms prepared by it. The Department shall grant a permit to purchase and/or use a pesticide designated for use as a “state restricted pesticide use” subject to such restrictions as it finds necessary in each case to protect the overall public interest and welfare. The permit may specify the area, time, amount or rate of application or such other conditions of use as the Department finds necessary to carry out the purposes of this chapter. Permits shall be issued on an annual basis.
(c) The Department shall promulgate such rules, regulations and fees necessary to carry into effect this section and to alter or uniformly suspend such rules, regulations and fees when necessary. Prior to the promulgation of any rules, regulations and fees, the Department shall hold public hearings following due notice. The hearings shall be conducted by the Department for the purpose of receiving evidence relevant and material to the issues, following the conclusion of which the Department shall issue such rules, regulations and fees as it sees fit, based on the evidence received at such hearings. An appeal from that order may be taken to the Superior Court within 30 days of the date of the order.
(d) The Department may require a permit fee.
(e) Provided the State is authorized by the Administrator of E.P.A. to issue experimental use permits, the Department may:
(1) Issue an experimental use permit to any person applying for an experimental use permit if it determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under § 1204 of this title. An application for an experimental use permit may be filed at the time of, or before or after an application for registration is filed;
(2) Prescribe terms, conditions and periods of time for the experimental use permit which shall be under the supervision of the Department; and
(3) Revoke or modify any experimental use permit, at any time, if it finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
(f) All permits, except experimental use permits, shall continue in full force and effect until December 31st of each year whereupon they shall become invalid unless renewed, except that a permit for which a renewal application has been submitted to the Department by December 31st shall remain in full force and effect until such time as the Department gives written notice to the permit holder of renewal or denial. Forms for renewal shall be mailed to all holders of current permits by the Department by October 1st of each year.
(g) (1) The Department may deny a permit to any person if it finds after a hearing that the public interest requires such denial.
(2) The Department may revoke a permit, after due notice to the permit holder and opportunity for hearing, if it finds that the permit holder has violated this chapter, or if an emergency creates a clear and present danger to the overall public interest and welfare from the uses authorized by the permit.
(3) A person whose permit is denied or revoked may request a hearing before the Department. A hearing shall be held within 30 days after request. Within 30 days after the hearing, the Department shall affirm, withdraw or modify its action by an order based upon the record of the hearing. An appeal from that order may be taken to the Superior Court within 30 days of the date of the order.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;  67 Del. Laws, c. 51, §  2;