CHAPTER 189

FORMERLY

HOUSE BILL NO. 269

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 12, TITLE 3, OF THE DELAWARE CODE RELATING TO PESTICIDES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend 51202, Chapter 12, Title 3, Delaware Code, by striking paragraph (13) in its entirety and subetituting in lieu thereof a new paragraph (13) to read as follows:

"(13) 'FIFRA' means the Federal Insecticide, Fungicide, and Rodenticide Act."

Section 2. Amend §1202, Chapter 12, Title 3, Delaware Code, by adding a new paragraph (35) to read as follows:

"(35) 'Secretary' means the Secretary of the Department of Agriculture of the State of Delaware or his duly authorized designee."

Section 3. Amend §1203 (a), Chapter 12, Title 3, Delaware Code, by deleting the last sentence of the paragraph and substituting In lieu thereof a new sentence to read as follows:"

"The Department shall require a registration fee, not to exceed $25.00 for each pesticide or device registered."

Section 4. Amend §1203, Chapter 12, Title 3, Delaware Code, by adding thereto the following new paragraph to be designated as paragraph (I) and to read as follows:

"(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(1) after 30 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is superseded by an Injunction, whichever occurs first."

Section 5. Amend §1218, Chapter 12, Title 3, Delaware Code, by designating the current paragraph as paragraph (a) and adding a new paragraph (b) to the section to read as follows:

"(b) The Department shall by regulation require an annual certification fee."

Section 6. Amend §1221, Chapter 12, Title 3, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section 1221 to read as follows:

"§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 thirty 30 days after the conclusion of the hearing."

Section 7. Amend Section 1224, Chapter 12, Title 3, of the Delaware Code, by redesignating §1224(C)(2) as a new subparagraph (10) of §1224(a) and by redesignating the remaining subparagraphs of §1224(c) accordingly.

Section 8. Amend Section 1224 (b), Chapter 12, Title 3, Delaware Code, by adding thereto the following new subparagraph to be designated as subparagraph (4) and to read as follows:

"(4) The use of fraud or misrepresentation in connection with the application of pesticides."

Section 9. Amend Section 1226 (a), Chapter 12, Title 3, Delaware Code, by adding thereto the following new paragraphs to be designated as paragraphs (6) and (7) and to read as follows:

"(6) Inspect books and records relating to the shipment, sale or use of pesticides.

(7) Sample pesticides being held for sale or distribution."

Section 10. Amend §1233 (a), Chapter 12, Title 3, Delaware Code, by deleting the word "significant" as the same appears in the first sentence of the section.

Section 11. Amend §1236, Chapter 12, Title 3, Delaware Code, by striking said section in Its entirety and substituting in lieu thereof a new section 1236 to read as follows:

"§1236. Stop Sale, Use, 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 is In compliance with this Chapter or any regulations promulgated thereunder. Such hearing shall be scheduled within fifteen 15 days of the request and shall be held by the Secretary of the Department of Agriculture or his 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 of Delaware. The decision of the Department may be appealed to Superior Court on the record."

Approved July 19, 1983.