CHAPTER 153

FORMERLY

SENATE BILL NO. 256

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

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 Chapter 11, Title 3 of the Delaware Code by deleting §1101, §1103, §1104, §1105 and §1106 in their entirety.

Section 2. Amend Chapter 11, Title 3 of the Delaware Code by adding thereto a new section to read as follows:

"§1101. Definitions

'Plant pest' — any insect, snail, nematode, fungus, virus, bacterium, weed,

parasitic plant, or any other microorganism or plant which the Department determines to be dangerously injurious to the agricultural, forest or horticultural interests of the State."

Section 3. Amend Chapter 11, Title 3 of the Delaware Code by renumbering existing §1102 as §1104 and substituting in lieu thereof a new §1102 to read as follows:

"§1102. Discovery and Suppression of_Elatit Pests

(a) In order to prevent, control, abate, eradicate or exterminate dangerously
injurious plant pests which may appear in the State, the Department of Agriculture shall seek out and suppress all dangerously injurious plant pests destructive to the agricultural, forest and horticultural interests of this State, and also shall conduct experiments when necessary to accomplish that end. Upon knowledge of the existence of any dangerously injurious plant pest in 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 existence therein of the plant pest and prescribe the proper treatment and remedies therefor. Should such owner or owners of such infested or infected trees, vines, plants, shrubs or grains, or the tenant or tenants in possession of the premise wherein the trees, plants, vines, shrubs or grains are found, neglect, fail or refuse to apply the remedy or remedies prescribed by the Department of Agriculture, 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 the owner or owners of such infested or infected trees, plants, vines, shrubs, or grains; and the Department may, when it deems necessary, cause the trees, plants, vines, shrubs, or grains so infected or 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.

(a) 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 dangerously injurious plant pests any and all suspicious trees, vines, shrubs, plants or grains found to be in dangerous proximity to those infested or infected.

(a) The Department may enter into cooperative agreements with organizations, such as, persons, civic groups or governmental agencies to adopt and execute plans to treat affected areas to achieve the purposes stated in subsection (a) of this section. 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.

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

Section 4. Amend Chapter 11, Title 3 of the Delaware Code by adding thereto a new §1103 to read as follows:

§1103. Warninci_aa_Information to Farmers

The Department, whenever it receives reliable information, or otherwise knows, that any dangerously injurious plant pest exists in any tree, vine, shrub, plant or grain any where in the State, shall, in addition to the other duties, acts and responsibilities herein prescribed to be done and performed by it, warn the farmers and other persons residing in the hundred in which any such plant pest exists, and also persons living near the infested or infected area, of the nature of such plant pest, and the localities where it exists, and shall also furnish to farmers and other persons any and all information and knowledge the Department may have or be able to procure, of the remedies to be applied to suppress, abate and eradicate the plant pest."

Section 5. Amend new §1104, Chapter 11, Title 3 of the Delaware Code by adding the

phrase or infected" after the word "infested" as tt appears each time in said §1104 and by changing the title thereof to the following:

"§1104. Failure to pay expenses of treating diseased plants and pests: Penalty; Civil Suits; Appeal."

Section 6. Amend Chapter 11, Tttle 3 of the Delaware Code by adding thereto a new section to read as follows:

"§1105. Establishment of Ouarantine_Reltrtctions

The Department of Agriculture 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 quarantine and for the control and limitation of the pest. Under such quarantine restrictions, the Department or its authorized agents, may prohibit and prevent the movement, or the shipment, or transportation of any agricultural, forest, horticultural or any other material of any character whatsoever capable of carrying the plant pest under restriction in any state of its development, and further the Department or its authorized agents may under such quarantine restrictions, intercept and detain for official inspection, any person, car, vessel, truck, wagon, automobile, motor or other vehicle, suspected or known to carry any material in violation of any quarantine restriction or of any rules or regulations thereunder established by the authority of this Chapter."

Section 7. Amend existing §1107, Chapter 11, Title 3 of the Delaware Code by

renumbering as §1106 and by replacing the number "ten dollars" with the number one hundred dollars" and the number "fifty dollars" with the number "five hundred dollars".

Approved July 10, 1987.