CHAPTER 51

FORMERLY

SENATE BILL NO. 191

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 12, TITLE 3 OF THE DELAWARE CODE RELATING TO PESTICIDE DEFINITIONS, AND TO PESTICIDE PERMITS.

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 1202, Title 3 of the Delaware Code by adding a new subsection to read as follows:

"(36) 'Dealer Permit' means a written certificate, issued by the Department, authorizing the sale of restricted use pesticides and/or state restricted use pesticides."

Section 2. Amend subsection (a), Section 1214, Title 3 of the Delaware Code by striking subsection (a) in its entirety and inserting in lieu thereof the following:

'(a) The Department shall require that:

(1) No person may use a pesticide designed 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 use pesticide' unless that person has a dealer permit."

Section 3.Amend subsection (c)(7), Section 1224, Title 3 of the Delaware Code by striking the word "or".

Section 4.Amend subsection (c)(8), Section 1224, Title 3 of the Delaware Code by striking the period after the last word "product" and adding a semicolon and the word "or" thereto.

Section 5. Amend subsection (c), Section 1224, Title 3 of the Delaware Code by adding a new subsection to read as follows:

"(9) Selling or offering to sell a 'restricted use pesticide' or a 'state restricted use pesticide' without a duly issued dealer permit."

Approved June 29, 1989