CHAPTER 234

FORMERLY

SENATE BILL NO. 55

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 4

AN ACT TO AMEND TITLE 3 RELATING TO PESTICIDES.

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

Section 1. Amend Title 3 of the Delaware Code by deleting the current §1206, as found therein and substituting in lieu thereof the following:

Ҥ1206 Licensing-Required; classification.

(a) No person shall engage in the business of applying pesticides to the lands or personal property of another unless such person has been duly licensed by the Department. Further, no license shall be issued to any person, nor shall it remain valid, unless such person is certified or has a certified applicator in his employ at all times. At least one person designated as a certified applicator under the license shall meet the experience requirement specified in Section 1207(c) of this Title. No license shall be required of any private applicator.

(b) The Department shall classify or subclassify licenses to be issued under this Chapter. Such classifications may include, but are not limited to, pest control operators, ornamental, agricultural or right-of-way pesticide applicators. Separate subclassifications may be specified as to ground, aerial or manual methods used by any licensee to apply pesticides or to the use of pesticides to control pests (provided, that no person shall be required to pay an additional license fee if such person desires to be licensed in 1 or all of the license classifications provided for by the Department under the authority of this Chapter).”

Section 2. Amend §1207 of Title 3, by deleting the existing subsections (c) and (d) as found therein and by substituting in lieu thereof the following:

“(c). The Department shall issue a license limited to the classifications of pesticide use for which an applicant is qualified. To qualify for a license, the following conditions shall be met:

(1) The applicant must provide evidence that at least one applicator in his or her employ is certified to apply pesticides in the classification(s) of pest control for which he or she is applying. At least one of these certified applicators must have a minimum of two years practical experience under the supervision of a certified applicator. This experience shall have been acquired during the previous three year period, and shall be related to the license classification at issue.

(2) The applicant files the proper proof of financial responsibility as required under Section 1208(a) of this Title.

(3) If the applicant is applying for a license to engage in the aerial application of pesticides, he or she shall have met all the requirements of the Federal Aviation Administration and any other applicable federal or state laws or regulations to operate the equipment described in the application.

(d) The Department may limit the license of the applicant to the use of certain pesticides, or to certain areas or to certain types of equipment if the applicant is only so qualified. If a license is not issued as applied for, the department shall inform the applicant in writing of the reasons therefor.

(e) If the application for renewal of any license provided for in this chapter is not filed prior to the 1st day of January in any year, a penalty of 20 percent of the yearly fee shall be assessed and added to the renewal fee and shall be paid by the applicant before the renewal license shall be issued.”

Section 3. Amend Title 3 of the Delaware Code by deleing the existing sections 1208 and 1209 and substituting in lieu thereof the following:

Ҥ1208. Same-Denial of license.

(a) The Department shall refuse to grant a license until the applicant has furnished evidence of financial responsibility with the Department consisting either of a surety bond or a liability insurance policy or certification thereof, or other evidence of financial responsibility acceptable to the Department within the financial capabilities of the industries involved. The Department may determine the insurance and surety requirements after due notice and a hearing.

(b) The Department may refuse to grant a license to any person who has committed any unlawful acts pursuant to §1224 of this Title.

§1209. Same-Suspension; modification; revocation.

(a) The Department may, after notice and opportunity for a hearing suspend or modify and license granted under this chapter where the Department has reasonable grounds to believe that the licensee is responsible for any unlawful acts pursuant to §1224 of this Title. The Department shall furnish the licensee with notice of the time and place of the hearing, which notice shall be served personally or by registered mail directed to his place of business or last known address with postage fully paid with 10 days prior to the time fixed for the hearing.

(b) (1) The Department may, after notice and opportunity for hearing, revoke any license granted under this chapter if the licensee has been found to have committed any unlawful act under this chapter. (2) Should the surety furnished become unsatisfactory, said licensee shall, upon notice, immediately execute a new bond, insurance or other financial responsibility and shall he fail to do so, the Department shall revoke his license and give him notice of said fact. (3) Should the licensee no longer employ a certified applicator with two years practical experience, the department shall revoke his license and give him notice of said fact.”

Section 4. Amend Title 3 of the Delaware Code by deleting §1211 as it is found therein and substituting in lieu thereof the following:

Ҥ1211. Exemptions.

This subchapter, relating to licenses and requirements for their issuance, shall not apply to research personnel applying to bona fide experimental plots. By regulation, the department may exempt certain license applicants from the experience requirements specified in §1207(c) of this Title. Exemptions from the §1207(c) requirements shall include, but not be limited to, persons applying pesticides to turf or ornamental plants.”

Approved July 29,1999