TITLE 3

Agriculture

Regulatory Provisions

CHAPTER 12. PESTICIDES

Subchapter V. Inspection and Seizure


(a) For the purpose of carrying out this chapter, the Department may enter upon any public premises, and in the case of private premises, may enter with the written approval of the occupier of the premises, in order to:

(1) Inspect and sample lands actually or reported to be exposed to pesticides;

(2) Inspect storage or disposal areas;

(3) Inspect or investigate complaints of injury to humans or land;

(4) Sample pesticides being applied or to be applied;

(5) Observe the use of a restricted use pesticide or state restricted pesticide use;

(6) Inspect books and records relating to the shipment, sale or use of pesticides; or

(7) Sample pesticides being held for sale or distribution.

(b) Should the Department be denied access to any land where such an access was sought for the purposes set forth in this chapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application issue the search warrant for the purposes requested.

60 Del. Laws, c. 671, § 1; 64 Del. Laws, c. 189, § 9.;

(a) Any pesticide or device that is distributed within this State may be liable to seizure and forfeiture by the Department upon application to the Superior Court in and for the county wherein the pesticide in question is located:

(1) In the case of a pesticide, the court shall order forfeiture without compensation:

a. If it is adulterated or misbranded;

b. If it has not been registered under § 1203 or 1204 of this title;

c. If it fails to bear on its label the information required by this chapter; or

d. If it is a white powder pesticide and is not colored as required under this chapter.

(2) In the case of a device, if it is misbranded.

(b) If the pesticide or device is forfeited or condemned, it shall, after entry of decree, be disposed of by destruction or sale as the Department may direct and the proceeds, if such pesticide or device is sold, less legal costs, shall be paid to the General Fund; provided, that the pesticide or device shall not be sold contrary to this chapter; and provided further, that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the Department may direct that said pesticide or device be delivered to the owner thereof for relabeling or reprocessing as the case may be.

(c) When a decree of condemnation or forfeiture is entered against the pesticide or device, Department costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide or device.

58 Del. Laws, c. 166; 60 Del. Laws, c. 671, § 1.;