CHAPTER 234

FORMERLY

SENATE BILL NO. 352

AN ACT TO AMEND CHAPTER 11, TITLE 3, DELAWARE CODE, RELATING TO THE SUPPRESSION OF PLANT DISEASES AND PLANT PESTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1101, Chapter 11, Title 3 of the Delaware Code, by striking said Section in its entirety and inserting in lieu thereof the following:

"§1101. Discovery and Supruession_of Diseases and Plant Pests

(a) In order to prevent, control, abate, eradicate or exterminate injuriously dangerous insect pests, nematodes and plant diseases which may appear in this State, the Department of Agriculture shall seek out and suppress all injurious insect pests, nematodes and diseases destructive to the agricultural and horticultural interests of the State, and also shall conduct experiments when necessary to accomplish that end. Upon knowledge of the existence of any disease, nematodes or Insect pest in and of the trees, plants, vines, shrubs and grains of this State, the Department may mark or tag in some conspicuous way all such trees, plants, vines, shrubs or grains and notify the owner or owners thereof or the tenant in possession of the premises in which the trees, vines, plants, shrubs or grains are found, of the mdstence therein of the disease and prescribe the proper treatment and remedies therefor. Should such owner or owners of such infested trees, vines, plants, shrubs or grains, or the tenant or tenants in possession of the premises whereon the trees, plants, vines, shrubs or grains are found, neglect, fail or refuse within ten days after receiving notice to apply the remedy or remedies prescribed by the Department of Agriculture and also in the manner and at the times as ordered and directed by the Department, then in such case, the Department, its agents or servants, may cause the remedy or remedies prescribed to be applied at the expense of theowner or owners of such infested trees, vines, shrubs or grains; and the Department may, when it deems it necessary, cause the trees, plants, vines, shrubs or grains so infested to be destroyed at the expense of the owner or owners thereof, or the tenant or tenants in possession, and the loss to fall upon such owner or owners, tenant or tenants.

(b) The Department of Agriculture, its agents, officers, or servants, may treat or have treated at the expense of the owner or owners in order to prevent the spread or dissemination of insect pests, nematodes, plant diseases, any and all suspicious trees, vines, shrubs, plants or grains found to be in dangerous proximity to those infested.

(c) The Department may enter into cooperative agreements with organizations such as persons. civic groups or government agencies to adopt and execute plans to treat affected areas to achieve the purposes sated in subsection (a). A treatment may be provided for by any of the methods approved in Chapter 12 of this Title. Such cooperative agreements may include provisions of joint funding of any treatment.

(d) The methods of operations by the Department shall not be limited to those specifically listed in this Section."

Approved February 13, 1984.