2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter II. Regulation of Sale and Use of Pesticides and Devices › § 1203. Regulation; duties and powers of Department.

§ 1203. Regulation; duties and powers of Department.
(a) In order to regulate the sale and/or use of pesticides and devices in this State, the Department shall, by regulation, provide that every pesticide and device distributed and/or used within this State shall be duly registered with the Department. The Department, with the approval of the Secretary of Agriculture, shall establish a biennial registration fee, not to exceed $140, for each pesticide or device registered. The fee established by the Secretary of Agriculture shall approximate and reasonably reflect all costs necessary to defray the expenses of the Department's activities pursuant to this chapter. At the beginning of each calendar year, the Department shall compute the appropriate pesticide or device registration fee. All revenue generated by this fee shall be deposited in an appropriated special fund account in the Department of Agriculture.
(b) Any regulation adopted by the Department pursuant to its authority under § 1237 of this title may prescribe the methods to be used in application of pesticides, and may relate to the time, place, manner, materials and amounts and concentrations, in connection with the application of the pesticides, and may restrict or prohibit use of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the Department deems necessary to prevent damage or injury by drift or misapplication to:
(1) Plants, including forage plants, or adjacent or nearby lands;
(2) Wildlife in the adjoining or nearby areas;
(3) Fish and other aquatic life in waters in reasonable proximity to the areas to be treated; or
(4) Humans, animals or beneficial insects.
(c) The Department may also, by regulation, after a public hearing following due notice, determine “state restricted pesticide uses” for the State or for designated areas within the State, and may require a permit for purchase, possession and application of a pesticide labeled for a use which is designated as a “state restricted pesticide use.”
(d) In issuing such regulations, the Department shall give consideration to pertinent research findings and recommendations of other agencies of the State, the federal government or other reliable sources.
(e) The Department shall adopt “restricted use pesticide” classifications. For the purpose of uniformity and in order to enter into cooperative agreements, these classifications shall conform to all current and future classifications adopted by E.P.A.
(f) The Department, after notice and hearing, and in agreement with the Department of Natural Resources and Environmental Control of the State, is authorized to declare a pest any form of plant or animal life (other than humans and other than bacteria, virus and other microorganisms on or in living humans or other living animals) which is injurious to health or the environment.
(g) In order to comply with § 4 of FIFRA [7 U.S.C. § 136i(a)-(c)], the Department is authorized to make such reports to the E.P.A. in such form and containing such information as E.P.A. may from time to time require.
(h) The Department is authorized, by regulation, to determine standards of coloring or discoloring for pesticides.
(i) The Secretary shall have the power to issue an order to any person violating any rule, regulation or order, or provision under this chapter to cease and desist from such violation; provided that any cease and desist order issued pursuant to this section shall expire:
(1) After 30 days of its issuance; or
(2) Upon withdrawal of said order by the Secretary; or
(3) When the order is superseded by an injunction, whichever occurs first.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;  64 Del. Laws, c. 189, §§  3, 4;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 233, §  1;  78 Del. Laws, c. 258, §  1;