TITLE 3

Agriculture

Regulatory Provisions

CHAPTER 12. PESTICIDES

Subchapter I. General Provisions


The purposes of this chapter are:

(1) To regulate the sale, use and application of pesticides in the interest of the overall public welfare;

(2) To protect the consumer by requiring that pesticides sold in this State be correctly labeled with warnings and adequate directions for use; and

(3) To restrict the use of any pesticides which are found to be so hazardous to man or to his environment that restrictions are necessary in the overall public interest, weighing the benefits and the risks of that use.

3 Del. C. 1953, § 1201; 58 Del. Laws, c. 166; 60 Del. Laws, c. 671, § 1.;

For the purposes of this chapter:

(1) "Active ingredient" means:

a. In the case of pesticides other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate insects, mites, nematodes, fungi, rodents, weeds or other pests;

b. In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

c. In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from the plant; or

d. In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

(2) "Adulterated" shall apply to any pesticide if its strength or purity falls below the standard of quality expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.

(3) "Animal" means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish and shellfish.

(4) "Applicators":

a. "Certified applicator" means any individual who is certified under this chapter to use or supervise the use of any pesticide which is classified for restricted use.

b. "Private applicator" means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.

c. "Commercial applicator" means a certified applicator (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph b. of this subdivision. The Secretary may by regulation declare certain types of applicators, who use or supervise the use of any pesticide on property owned or rented by the applicator or the applicator's employer, to be commercial applicators.

d. "Under the direct supervision of a certified applicator" means unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied.

(5) "Committee" means the Pesticide Advisory Committee.

(6) "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

(7) "Department" means the Department of Agriculture of the State.

(8) "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.

(9) "Device" means any instrument or contrivance (other than firearm) which is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life (other than humans and other than bacteria, virus or other microorganism on or in living humans or other living animals), but shall not include equipment used for the application of pesticides when sold separately therefrom.

(10) "Distributed" means to offer for sale, hold for sale, sell, barter or supply pesticides or devices within this State.

(11) "Environment" includes water, air, land and all plants and man and other animals living therein, and the interrelationships which exist among these.

(12) "E.P.A." means the United States Environmental Protection Agency.

(13) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. § 136 et seq.].

(14) "Fungus" means any nonchlorophyll-bearing thallophytes (that is, any nonchlorophyll-bearing plant of a lower order than mosses and liverworts), as for example, rust, smut, mildew, mold, yeast and bacteria, except those on or in living humans or other animals, and except those on or in processed food, beverages or pharmaceuticals.

(15) "Ingredient statement" means a statement which contains:

a. The name and percentage of each active ingredient, and the total percentage of all inert ingredients, in the pesticide; and

b. If the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, calculated as elementary arsenic.

(16) "Inert ingredient" means an ingredient which is not an active ingredient.

(17) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising 6-legged, usually winged forms, as for example, beetles, bugs, bees, flies and to other allied classes of arthropods whose members are wingless and usually have more than 6 legs, as for example, spiders, mites, ticks, centipedes and wood lice.

(18) "Label" means the written, printed or graphic matter on, or attached to, the pesticide or device or its containers or wrappers.

(19) "Labeling" means all labels and all other written, printed or graphic matter:

a. Accompanying the pesticide or device at any time; or

b. To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the E.P.A., the United States Departments of Agriculture and Interior, the Department of Health, Education and Welfare, state experiment stations, state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

(20) "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances and machinery, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

(21) "License" is written permission issued by the Department to engage in the business of applying any pesticides to the lands of another.

(22) "Misbranded" shall apply:

a. To any pesticide or its container if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

b. To any pesticide:

1. If it is an imitation of or is offered for sale under the name of another pesticide;

2. If its labeling bears any reference to registration under this chapter and such pesticide has not been registered pursuant to this chapter;

3. If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and, if complied with, together with any requirements imposed under § 3(d) of FIFRA [7 U.S.C. § 136a(d)], are adequate to protect health and the environment;

4. If the label does not contain a warning or caution statement which may be necessary, and if complied with, adequate to prevent injury to living humans and other vertebrate animals;

5. If the label or container of the product does not bear an ingredient statement that may be clearly read and understood when the unit for sale is displayed under customary conditions of purchase, handling, storage and use; or

6. If any word, statement or other information required by or under the authority of this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or graphic matters in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

c. To any device or its container if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.

(23) "Nematode" includes invertebrate animals of the phylum Nemathelminthes and class Nematoda, that is, unsegmented roundworms with elongated, fusiform or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be referred to as nemas or eelworms.

(24) "Permit" means a written certificate, issued by the Department, authorizing the purchase, possession and/or use of certain pesticides which are to be used for purposes designated as "state restricted pesticide uses" or for experimental use.

(25) "Person" means any individual, partnership, association, fiduciary, corporation or any organized group of persons whether incorporated or not.

(26) "Pest" means:

a. Any insect, rodent, nematode, fungus, weed; or

b. Any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which is declared to be a pest under regulations pursuant to § 1203(f) of this title.

(27) "Pesticide" means:

a. Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest; or

b. Any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

(28) "Plant regulator" means any substance or mixture of substances, intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments.

(29) "Registrant" means the person who has registered any pesticide pursuant to this chapter.

(30) "Restricted use pesticide" means any pesticide or pesticide use classified by the Administrator of E.P.A. for use only by a certified applicator or competent individual under the direct supervision of a certified applicator.

(31) "State restricted pesticide use" means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the Department determines, subsequent to a hearing, requires additional restrictions to prevent unreasonable adverse effects on the environment.

(32) "Unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.

(33) "Weed" means any plant which grows where not wanted.

(34) "Wildlife" means all living things that are neither human, domesticated nor, as defined in this chapter, pests, including but not limited to, mammals, birds and aquatic life.

(35) "Secretary" means the Secretary of the Department of Agriculture of the State or his duly authorized designee.

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

3 Del. C. 1953, § 1202; 58 Del. Laws, c. 166; 60 Del. Laws, c. 671, § 1; 64 Del. Laws, c. 189, §§ 1, 2; 67 Del. Laws, c. 51, § 1; 69 Del. Laws, c. 101, § 1; 70 Del. Laws, c. 186, § 1.;