CHAPTER 187

FORMERLY

HOUSE BILL NO. 119

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 12, TITLE 3, DELAWARE CODE RELATING TO PENALTIES FOR VIOLATIONS OF THE PESTICIDE LAW.

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

Section 1. Amend Section 1218(b), Chapter 12, Title 3, Delaware Code by striking "annual certification Ice" and substituting in lieu thereof "annual certification fee for commercial applicators",

Section 2. Amend Section 1224, Chapter 12, Title 3, Delaware Code by striking the title of said section and substituting in lieu thereof a new title to read as follows:

"§1224. Unlawful acts: criminal Penalties: jurisdiction."

Section 3. Amend Section 1224(d), Chapter 12, Title 3, Delaware Code by striking paragraph (d) in its entirety and substituting in lieu thereof a new paragraph (d) to read as follows:

"(d) Justice of the Peace Courts and the Court of Common Pleas shall have concurrent jurisdiction over offenses under this Chapter."

Section 4. Amend Section 1225, Chapter 12, Title 3, Delaware Code by striking said section in its entirety and substituting in Lieu thereof a new section to read as follows:

"§1225. Civil penalties: exemptions.

(a) Civil Penalties

(1) In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this act or a rule or regulation adopted thereunder, or any order issued pursuant to, the Secretary, may assess a civil penalty not to exceed one thousand dollars ($1,000.00) upon a person other than a private applicator for each offense.

(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 29 Del. C. Ch. 101.

(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 of Delaware 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;

(I) 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

(II) by other 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 any 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."

Section 5. Amend Section 1207, Chapter 12, Title 3, Delaware Code by adding thereto a new subsection (d) to read as follows:

"(d) If the application for renewal of any license provided for in this Chapter is not filed prior to the first day of January in any year, a penalty of twenty per centum shall be assessed and added to the renewal fee and shall be paid by the applicant before the renewal license shall be issued."

Approved July 19,1985.