reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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. 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;  84 Del. Laws, c. 42, § 13;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VI. Pesticide Advisory Committee › § 1229. Composition; appointments; terms; removal; vacancies.

§ 1229. Composition; appointments; terms; removal; vacancies.
(a) The Pesticide Advisory Committee shall consist of 4 pesticide applicators residing in the State, 1 qualified to operate ground equipment, 1 qualified to operate aerial equipment, 1 qualified for turf and ornamental pest control and 1 qualified for structural pest control; 1 entomologist in public service; 1 environmental health specialist from the State Department of Health and Social Services; 1 toxicologist in public service; 1 plant pathologist in public service; 1 member from the agricultural chemical industry; 1 member from the food processing industry; 1 producer of agricultural crops or products on which pesticides are applied or which may be affected by the application of pesticides; and 2 representatives of the Department of Natural Resources and Environmental Control — 1 who by employment is responsible for the protection of environmental control, and 1 who by employment is responsible for fish and wildlife protection.
(b) Such members shall be appointed by the Governor for terms of 3 years and may be appointed for successive 3-year terms at the discretion of the Governor, provided, however, that at the inception of this chapter, the current members of the Committee established by 58 Delaware Laws, Chapter 166, continue to serve until the expiration of their respective terms.
(c) The Governor may remove for cause any member of the Committee prior to the expiration of the member's term.
(d) Upon the death, resignation or removal for cause of any member of the Committee, the Governor shall fill such vacancy.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 233, §  4;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VI. Pesticide Advisory Committee › § 1230. Function.

§ 1230. Function.
The Committee shall advise the Department on any and all problems relating to the sale, use, disposal and storage of pesticides in the State.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VI. Pesticide Advisory Committee › § 1231. Meetings.

§ 1231. Meetings.
The Committee shall elect 1 of its members Chairman, and shall meet at such time and place as shall be specified by the Chairman, the Department or a majority of the members of the Committee.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VI. Pesticide Advisory Committee › § 1232. Compensation.

§ 1232. Compensation.
Each member of the Committee shall be reimbursed for all proper and necessary expenses but shall receive no compensation for time spent in attending the work of the Committee.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VII. Miscellaneous › § 1233. Reports of pesticide accidents, incidents or loss.

§ 1233. Reports of pesticide accidents, incidents or loss.
(a) The Department may by regulation require the reporting of pesticide accidents or incidents to the Department.
(b) Any person claiming damages from a pesticide application shall have filed with the Department on a form prescribed by the Department a written statement claiming that such person has been damaged. This report shall have been filed within 60 days after the date that damage occurred, except that if a growing crop is alleged to have been damaged, the report must be filed prior to the time that 25% of the damaged crop has been harvested. Such statement shall contain, but shall not be limited to, the name of the person allegedly responsible for the application of said pesticide, if known, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred and the date on which the alleged damage occurred. The Department shall prepare a form to be furnished to persons to be used in such cases and such form shall contain such other requirements as the Department may deem proper. The Department shall, upon receipt of such statement, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility of the damages claimed, and furnish copies of such statements as may be requested. The Department shall inspect damages whenever possible and when it determines that the complaint has sufficient merit, it shall make such information available to the person claiming damage and to the person who is alleged to have caused the damage.
(c) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action.
(d) Where damage is alleged to have occurred, the claimant shall permit the Department, the licensee and the licensee's representatives, such as bond agent or insurer, to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that such damage may be examined. Failure of the claimant to permit such observation and examination of the damaged lands shall automatically bar the claim against the licensee.
(e) Nothing in this chapter shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of the Department.
60 Del. Laws, c. 671, §  1;  64 Del. Laws, c. 189, §  10;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, §§ 1, 14;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VII. Miscellaneous › § 1234. Licensee to keep records; duration; submission to Department.

§ 1234. Licensee to keep records; duration; submission to Department.
(a) The Department shall require the licensee or certified commercial applicators to maintain records with respect to applications of pesticides. Such relevant information as the Department may deem necessary may be specified by regulation. The Department may require the licensee to maintain records related to applications of certain “state restricted pesticide uses.”
(b) Such records shall be kept for a period of 2 years from the date of the application of the pesticide to which such records refer.
(c) Such records shall be made available for inspection to the Department by the licensee or certified applicator upon request in writing by the Department.
60 Del. Laws, c. 671, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VII. Miscellaneous › § 1235. Storing and disposal of pesticides and pesticide containers.

§ 1235. Storing and disposal of pesticides and pesticide containers.
No person shall transport, store or dispose of any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The Department may promulgate rules and regulations governing the storing and disposal of such pesticides or pesticide containers. In determining these standards, the Department shall take into consideration any regulations issued by the E.P.A.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VII. Miscellaneous › § 1236. Stop sale, use or removal orders.

§ 1236. Stop sale, use or removal orders.
When the Department has reasonable cause to believe a pesticide or device is being distributed or used in violation of any of the provisions of this chapter, or any of the prescribed regulations under this chapter, it may issue and serve a written “stop sale, use or removal” order upon the owner or custodian of any such pesticide or device. The pesticide or device shall not be sold, used or removed until the provisions of this chapter have been complied with and the pesticide or device has been released in writing by the Department or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction. Any such “stop sale, use or removal” order shall remain in effect until the violation has been corrected. The owner or custodian of any such pesticide or device against whom a “stop sale, use or removal” order has been issued, may request a hearing to demonstrate that he or she is in compliance with this chapter or any regulations promulgated thereunder. Such hearing shall be scheduled within 15 days of the request and shall be held by the Secretary of the Department of Agriculture or his or her designee. The burden shall be on the owner or custodian of any such pesticide or device to show compliance. The hearing shall be conducted in accordance with the Administrative Procedures Act of the State. The decision of the Department may be appealed to Superior Court on the record.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;  64 Del. Laws, c. 189, §  11;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VII. Miscellaneous › § 1237. Enforcement of chapter.

§ 1237. Enforcement of chapter.
This chapter shall be enforced by the State Department of Agriculture. The Department may establish regulations, but only after public hearing following due notice to carry out the purposes of this chapter, and all authority vested in the Department by virtue of this chapter may with like force be executed by such employees of the Department as may be designated for said purpose. Due notice shall be given under this section at least 10 days prior to the public hearing and shall consist of publication in newspapers of general circulation, a registered letter to the Pesticide Advisory Committee and may also be sent to representatives of pesticide application trade associations.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VII. Miscellaneous › § 1238. Cooperative agreements.

§ 1238. Cooperative agreements.
The Department may cooperate, receive grants-in-aid and enter into agreements with any agency of the federal government, of this State or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter, in order to:
(1) Secure uniformity of regulations;
(2) Cooperate in the enforcement of the federal pesticide control laws through the use of state and/or federal personnel and facilities and to implement cooperative enforcement programs;
(3) Develop and administer state plans for training and for certification of certified applicators consistent with the federal standards;
(4) Contract for training with other agencies for the purpose of training certified applicators;
(5) Contract for monitoring pesticides for the national plan;
(6) Prepare and submit state plans to meet federal certification standards, as provided for in § 4 of FIFRA [7 U.S.C. § 136i(a)-(c)]; or
(7) Regulate certified applicators.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VII. Miscellaneous › § 1239. Information.

§ 1239. Information.
The Department may, in cooperation with the University of Delaware, Delaware State University, other educational institutions or trade associations, publish information and conduct short courses of instruction in the areas of knowledge required in this chapter.
60 Del. Laws, c. 671, §  1;  69 Del. Laws, c. 67, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter VII. Miscellaneous › § 1240. Repeals.

§ 1240. Repeals.
Jurisdiction in all matters pertaining to the distribution, sale, use, application and transportation of pesticides and devices is by this chapter vested exclusively in the Department, and all acts and parts of acts inconsistent with this chapter, with the exception of Chapter 60 of Title 7, are hereby expressly repealed.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1302. Nursery industry licensing requirements.

§ 1302. Nursery industry licensing requirements.
(a) Any person(s), grower(s), agent(s), broker(s), dealer(s), mail-order merchant(s), commission merchant(s), consignor(s), landscaper(s), florist(s), greenhouse operator(s), chain store operator(s), garden center operator(s), roadside market operator(s), producer(s) or owner(s) engaged directly with the distribution of plants, plant products, plant material, nursery stock or horticultural products, is required to inform the Department of the existence of their operation and to obtain a nursery industry license prior to initiating business operations.
(b) The aforementioned person(s) are required to obtain a nursery industry license for each of their businesses or sale/retail locations where multiple businesses or sales/retail locations exist.
(c) The aforementioned person or persons are required to renew their nursery industry license each year that they remain in operation. Nursery industry licenses issued by the Department shall be valid for a period of 1 year, beginning January 1 and ending December 31 of the same year.
(d) A nursery industry license application must be filed with the Department on forms provided by the Department. The application for license shall include, as applicable, the following:
(1) Name and address of the owner(s) of the business to be licensed.
(2) Name and address of the business to be licensed.
(3) Location of all plant, plant material or nursery stock fields or storage areas.
(4) The number of acres in plant or nursery stock production or the square footage of the sales area devoted to plants, plant material or nursery stock.
(5) A list of the names, addresses, and plants, plant material, etc. received from all suppliers, producers, growers, etc. providing plants or nursery stock to the business. Upon request of the Department an updated list and/or invoices must be provided for the current year.
(e) Licenses issued by the Department shall be prominently displayed at the business location.
21 Del. Laws, c. 216, §  9;  Code 1915, §  658;  Code 1935, §  576;  3 Del. C. 1953, §  1301;  57 Del. Laws, c. 764, §  5;  65 Del. Laws, c. 491, §  1;  68 Del. Laws, c. 329, §§  3-5;  70 Del. Laws, c. 332, §  1;  77 Del. Laws, c. 358, §§  1, 2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1303. Inspection of nurseries and businesses, nursery stock certification.

§ 1303. Inspection of nurseries and businesses, nursery stock certification.
(a) After receiving the nursery industry license application, the Department or its representatives shall examine or inspect all plants, plant material, or nursery stock located or grown on the business location or any other applicable location. Nurseries must maintain adequate weed control so a thorough inspection of the nursery stock can be made.
(b) The Department shall conduct the aforementioned inspection or examination yearly or as directed by the Secretary, at such time as it deems best, with or without notice. The Department reserves the right to conduct unannounced inspections as frequently as it deems necessary to insure compliance with all sections of this chapter.
(c) Upon the successful completion of an inspection, the Department shall issue a nursery stock certificate of inspection to any business licensed under § 1302 of this title. The nursery stock certificate shall state:
The nursery (or business premises) from which this shipment was made has been visually inspected and found to be in compliance with National Plant Board standards of pest freedom.
(d) The nursery stock certificate of inspection issued by the Department shall be valid for a period of 1 year, beginning January 1 and ending December 31 of the same year.
70 Del. Laws, c. 332, §  1;  77 Del. Laws, c. 358, §§  3, 4;
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1304. Plant pest infestations.

§ 1304. Plant pest infestations.
(a) Any person(s) who has in their possession plants, plant materials or nursery stock infested or infected with dangerously injurious plant pests possesses a public nuisance.
(b) Upon discovery or notification of such nuisance the Department shall place a hold order on the aforementioned material. While under such a hold order it is an illegal action to sell, ship, transport, give away, destroy, or otherwise move, alter or tamper with the aforementioned plants.
(c) If the Secretary determines that the provisions of this chapter have been violated, he or she shall order and direct that the nuisance be abated by whatever means necessary (including, but not limited to, destruction, confiscation, treatment or return shipment). The abatement of this public nuisance shall be at the expense of all of the aforementioned person(s) and shall be without any form of compensation.
70 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1305. Shipping, labeling and certification requirements.

§ 1305. Shipping, labeling and certification requirements.
(a) No person(s) shall sell, ship or give away, by private carrier, commercial carrier or any other means, any plants, plant materials or nursery stock from any nursery, business, or premises within the State, without an accompanying nursery stock certificate as prescribed in § 1303 of this title. The aforementioned information shall be plainly printed upon a tag, label, etc. that is not easily destroyed, which shall be firmly affixed on the exterior and in a conspicuous position upon each carload, box, container, package, etc. It is the responsibility of both the consignee and consignor to contact the Department to obtain a current nursery stock certificate and to examine all shipments for the presence of all certification requirements.
(b) Any person(s) or consignor who ships or moves plants, plant material or nursery stock out of state or internationally by private carrier, commercial shipper, or any other means, is required to contact the Department to obtain the phytosanitary certifications required by the consignee's location. When the Department finds the aforementioned shipment in compliance with the consignee's location phytosanitary requirements, it will issue the required phytosanitary certificate to the consignor. The consignor shall conspicuously affix a copy of the phytosanitary certificate to the exterior of each carload, box, container, package, etc. It is the responsibility of both the consignee and consignor to contact the Department to obtain the necessary phytosanitary certificates and to examine all shipments for the presence of all required certifications.
(c) When applicable, all shipping containers must be conspicuously and appropriately marked on the exterior as to whether contents must be held for agricultural inspection or whether the contents have been pre-cleared by the Department, under the terms of a pre-clearance or interstate origin of inspection program (phytosanitary pre-clearance). It is the responsibility of both the consignee and consignor to obtain all required pre-clearances and to examine all shipments for the presence of all required certifications.
21 Del. Laws, c. 216, §  10;  Code 1915, §  659;  Code 1935, §  577;  3 Del. C. 1953, §  1302;  65 Del. Laws, c. 491, §  1;  68 Del. Laws, c. 329, §§  6, 7;  70 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1306. Shipment of nursery stock into state; labeling and certification.

§ 1306. Shipment of nursery stock into state; labeling and certification.
When any plants, plant materials or nursery stock are shipped, sent or mailed into this State, to any person in this State, every carload, container, box, package, etc., shall be conspicuously labeled on the exterior with the name of the consignor, the state of origin and the name of the consignee. The aforementioned shipment shall have conspicuously affixed to its exterior, a nursery stock certificate from the state of origin showing that the contents have been examined by a qualified state or federal officer and found apparently free from all dangerously injurious plant pests. It is the responsibility of both the consignee and consignor to examine all shipments for the presence of current and applicable nursery stock certifications.
21 Del. Laws, c. 216, §  13;  Code 1915, §  662;  Code 1935, §  580;  3 Del. C. 1953, §  1305;  65 Del. Laws, c. 491, §  1;  70 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department.

§ 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department.
Any person(s) who acts as the representative of a transportation company, private carrier, commercial shipper, common carrier, express parcel carrier or other transportation entity, and receives, ships or moves a carload, box, container, package, etc., of plants, plant materials or nursery stock, that does not have a nursery stock certificate or proper phytosanitary certificates attached as provided for in § 1303 or § 1305 of this title, and fails to immediately notify the Department shall be subject to §§ 1310 through 1313 of this title.
21 Del. Laws, c. 216, §  15;  Code 1915, §  664;  Code 1935, §  582;  3 Del. C. 1953, §  1307;  57 Del. Laws, c. 764, §  5;  65 Del. Laws, c. 491, §  1;  70 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1308. Labeling and advertising of nursery stock.

§ 1308. Labeling and advertising of nursery stock.
(a) Plants, plant materials or nursery stock shall not be labeled or advertised with false or misleading information. This includes, but is not limited to, common name, scientific name, variety, place of origin and growth habit.
(b) A person(s) may not offer for sale, sell, give away, or in any way distribute plants, plant materials or nursery stock, represented by some specific or special form of notation, including, but not limited to:
“free from”, “grown free of”, unless such plants are produced under a specific program accepted by the Department to address the specific plant properties addressed in the special notation claim.
(c) Before any person(s) advertises plants, plant materials or nursery stock for sale, a copy of their nursery business license must be provided to the publisher or producer of the advertisement. The nursery business license number must be included in the advertisement and if appropriate, be legible or audible. This requirement shall extend to all forms of advertising media, including but not limited to, radio, television, outdoor sign boards, telephone business directories (i.e., Yellow Pages), newspaper and magazine advertisements or vehicular identification/advertisement.
21 Del. Laws, c. 216, §  10;  Code 1915, §  659;  Code 1935, §  577;  3 Del. C. 1953, §  1302;  65 Del. Laws, c. 491, §  1;  70 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1309. Reciprocal agreements.

§ 1309. Reciprocal agreements.
The Department shall have the authority to make reciprocal agreements with the responsible officials of other states. Nursery stock or plants from any other state may be sold or delivered in Delaware under the same conditions required for sale, delivery, or distribution of Delaware nursery stock or plant materials. An official directory of certified nurseries and related nursery industry businesses will be accepted from other states in lieu of individual nursery licenses/certificates.
65 Del. Laws, c. 491, §  1;  68 Del. Laws, c. 329, §  11;  70 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1311. Hearing procedures.

§ 1311. Hearing procedures.
(a) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture and the Secretary's designee. 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. The Secretary or the Secretary's designee shall mail a written decision to the alleged violator within 30 days of the conclusion of the administrative hearing.
(b) The person(s) charged with a violation of this chapter will be notified in writing of the date and time of the aforementioned administrative hearing. The aforementioned person(s) shall have the right to appear in person, to be represented by counsel, and to provide witnesses in his or her own behalf.
(c) The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter.
(d) The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested person.
70 Del. Laws, c. 332, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 358, §  5;
2023 Delaware Code › Title 3 - Agriculture › Chapter 13. NURSERIES AND NURSERY STOCK › § 1312. Appeals.

§ 1312. Appeals.
A person who feels aggrieved by the Department as a result of the administrative hearing held under the authority of this chapter may take appeal, within 30 days, to the Superior Court. After full hearing, the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds, therefore, shall be served upon the Secretary of the Department of Agriculture.
65 Del. Laws, c. 491, §  1;  66 Del. Laws, c. 152, §  1;  70 Del. Laws, c. 332, §  1;