CHAPTER 329

FORMERLY

SENATE BILL NO. 335

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO NURSERIES AND NURSERY STOCK.

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 §1301 (c), Title 3 of the Delaware Code by deleting said section in its entirety and inserting in lieu thereof the following:

'Nursery Dealer.' -Any person who buys, collects, acquires, or
handles nursery stock or nursery stock transactions for the purpose of reselling, reshipping, replanting, or redistributing independently of any control of the nurseryman. This does not include the person who acquires plants for personal use."

Section 2. Amend §1301 (d), Title 3 of the Delaware Code by deleting said section in its entirety and inserting in lieu thereof the following:

'Nursery Stock.' -(1) All plants, trees, shrubs, vines, grafts,
cuttings and buds that may be sold for propagation, whether cultivated or wild, and all viable parts of these plants;

Any other plant or plant part, including cut Christmas trees,
whose movement the Department may regulate in order to control any dangerously injurious plant pest;

Any nonhardy plant or plant part to be distributed in another state that requires plant inspection and certification before entering the state."

Section 3. Amend §1302 (a), Title 3 of the Delaware Code by deleting the word "will" where it appears immediately following the word "Agriculture" in the fourth sentence thereof and replacing it with the word "shall" and also by inserting the words "with or without notice to the nurseryman," after the words "deems best" and before the word "all" in the fourth sentence thereof.

Section 4. Amend §1302 (b), Title 3 of the Delaware Code by deleting the "," after the word "officers" as it appears in the first sentence thereof and replacing it with the word "or" and by deleting the words "or servants" as they appear in the first sentence thereof and by deleting the last sentence and by adding a new sentence therein to read as follows:

If the owner, owners, or person in charge refuses to comply with a control order, the Department shall seize, destroy or treat the infested or infected stock and the owner or owners shall pay all costs. If the owner or owners refuse or neglect to pay costs, it shall be collected as provided in Chapter 11 of this Title."

Section 5. Amend §1302, Title 3 of the Delaware Code by adding a new subsection (c) to read as follows:

"(c) . Failure to comply with the certification requirements of the Department, its officers, or agents shall cause the owner to be subject to a fine of not less than $100 nor more than $500 or be imprisoned not less than one (1) month nor more than one (1) year or both."

Section 6. Amend §1303, Title 3 of the Delaware Code by redesignating it as subsection (a) and by adding the words ", nursery dealer," after the word "nursery" and before the words "or orchard" as they appear in the first sentence thereof.

Section 7. Amend §1303, Title 3 of the Delaware Code by adding a new subsection (b) to read as follows:

Every shipment not labelled in accordance with specifications of this Title shall be subject to a fine of not less than $100 nor more than $500 or be imprisoned not less than one (1) month nor more than one (1) year or both."

Section 8. Amend §1309(a), Title 3 of the Delaware Code by deleting the "." at the end of the first sentence as it appears therein and in lieu thereof inserting the words "or retail outlets."

Section 9. Amend §1309(a), Title 3 of the Delaware Code by deleting the word "outlet(s)," as it appears In the third sentence and by inserting in lieu thereof the words "locations or retail outlets,".

Section 10. Amend §1309, Title 3 of the Delaware Code by adding a new subsection (c) to read as follows:

Failure to comply with the certification requirements of the Department, its officers, or agents shall be subject to penalties as stated in §1302 of this Title."

Section 11. Amend §1311, Title 3 of the Delaware Code by deleting the first sentence as it appears therein and by inserting in lieu thereof the following:

"The Department of Agriculture shall have the authority to make reciprocal agreements with the responsible officials of other states. Nursery stock or plants from any other state may be sold or delivered in Delaware under the same conditions required for sale, delivery, or distribution of Delaware nursery stock or plant material."

Approved July 7, 1992.