Title 3, Agriculture

§ 1074. Cease and desist orders. The State Forester shall have the power to issue a cease and desist order to any person violating any provision of this subchapter or rules or regulations promulgated thereunder. Any such cease and desist order shall remain in effect until withdra…

§ 1075. Injunctive relief. Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this subchapter or rules or regulations adopted pursuant to it, the State Forester may bring an action in the Court…

§ 1076. Appeals. (a) Any person whose interest is substantially affected by an action of the State Forester or the State Forester’s designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder. (b) Such hearing shall be s…

§ 1077. Penalties. (a) Any person who violates any provision of this subchapter or associated rules and regulations shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 months, or both. (b) Any person found guilty of a second or subseq…

§ 1078. Hearings, notices. Any hearing required under this subchapter shall follow the Administrative Procedures Act, Chapter 101 of Title 29.72 Del. Laws, c. 235, § 2;

§ 1079. Civil penalties. Any owner or operator who violates or fails or refuses to obey any special order, rule or regulation may be assessed a civil penalty by the State Forester. Such penalty shall not be less than $200 or more than $1,000 for each violation. Each day of a cont…

§ 1080. State program. In carrying out this chapter, the State Forester may, in cooperation with appropriate municipal, county, state and federal agencies, and with representatives from operators and owners groups: (1) Develop and publish sediment control and storm water manageme…

§ 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…

§ 1102. Regulations and fees. (a) The Department of Agriculture may adopt reasonable regulations to implement and carry out the purposes of this chapter to eradicate, repress and prevent the spread of plant pests (i) within the State, (ii) from within the State to points outside …

§ 1103. Discovery and suppression of plant pests. (a) In order to prevent the introduction of or to control dangerously injurious plant pests in the State, the Department shall seek out all dangerously injurious plant pests destructive to the agricultural, forest or horticultural…

§ 1104. Warning and information to farmers and other persons. (a) The Department, upon confirmation of an actionable infestation or infection of any dangerously injurious plant pest(s), shall warn the farmers and other persons residing in the county of the nature of the aforement…

§ 1105. Failure to pay expenses of treating diseased plants and pests; penalty. (a) The Department shall, within 90 days, provide notice of all expenses incurred while controlling a dangerous injurious plant pest infestation or infection to the person(s), owner(s) or tenant(s) as…

§ 1106. Establishment of quarantine restrictions. (a) The Department may establish quarantine restrictions in areas infested or infected with dangerously injurious plant pests and areas adjacent thereto, and adopt, issue and enforce rules and regulations relative to such quaranti…

§ 1107. Shipment of plant pests and biological control agents. (a) No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment any plant pest or biological control agent without a U.S. Department of Agriculture — Animal and Plant Health Inspec…

§ 1108. Violations and hearing procedures. (a) Failure to comply with this chapter shall result in the assessment of a civil penalty. (b) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or the Secretary’s designee. No …

§ 1109. Appeal. 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 a full hearing, the Court shall make such decree as seems just and prope…

§ 1110. Civil penalties. (a) Any person who interferes with the Department in the enforcement of this chapter, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count. (b) Any person who is not a Depart…

§ 1201. Declaration of purpose. The purposes of this chapter are: (1) To regulate the sale, use and application of pesticides in the interest of the overall public welfare; (2) To protect the consumer by requiring that pesticides sold in this State be correctly labeled with warni…

§ 1202. Definitions. For purposes of this chapter: (1) “Active ingredient” means: a. In the case of pesticides other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate insects, mites, nematodes, fungi, rodents, weeds or ot…

§ 1203. Regulation; duties and powers of Department. (a) In order to regulate the sale and use of pesticides and devices in this State, the Department shall, by regulation, provide that every pesticide and device distributed or used within this State shall be duly registered with…

§ 1204. Registration of pesticides which do not have E.P.A. registration for intended use. (a) This section shall become effective upon certification of the State by the Administrator of E.P.A. pursuant to § 24(c) of FIFRA [7 U.S.C. § 136v]. (b) Every pesticide which does not hav…

§ 1205. Revocation or suspension of registration. (a) The Department may, after due notice, including notice to the registrant and opportunity for a hearing, revoke the registration of a pesticide registered pursuant to this chapter if the pesticide or its labeling does not compl…

§ 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 i…

§ 1207. Licensing — 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. (c) The Department shall issue a license limited to the …

§ 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 ev…

§ 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 unlawf…

§ 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 N…

§ 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 requir…

§ 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 noncer…

§ 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…

§ 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 …

§ 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;

§ 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 …

§ 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…

§ 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 recipr…

§ 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 c…

§ 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…

§ 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 …

§ 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 Cou…

§ 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;

§ 1224. Unlawful acts; criminal penalties; jurisdiction. (a) The following acts shall constitute a class A misdemeanor: (1) Making a pesticide recommendation or use or application inconsistent with the labeling, the E.P.A., or state registration for the pesticide, or in violation…

§ 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…

§ 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…

§ 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, …

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

§ 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…