The purpose of this chapter is to prohibit invasive plant species at their point of sale or delivery into this State.

83 Del. Laws, c. 8, § 1; 

As used in this chapter:

(1) “Invasive plant” means any living part, cultivar, variety, species, or subspecies not native to Delaware identified by the Secretary as having the potential to do all of the following:

a. Result in widespread dispersal and establishment.

b. Out-compete other species in the same area.

c. Exhibit rapid growth or high seed or propagule productions.

d. Become established in natural areas in the State.

(2) “Secretary” means the Secretary of the Delaware Department of Agriculture.

83 Del. Laws, c. 8, § 1; 

(a) No person may import, export, buy, sell, transport, distribute, or propagate any viable portion, including seeds, of a plant on the Invasive Plant List, unless the Secretary provides prior written approval under subsection (b) of this section.

(b) The Secretary may provide written approval for a person to conduct an activity prohibited under subsection (a) of this section if the purpose of the activity is for any of the following:

(1) Disposal.

(2) Control.

(3) Research or education.

(4) Export for the purpose of disposal, control, research, or education.

(c) No person may import, export, buy, sell, transport, distribute, or propagate any viable portion, including seeds, of a plant on the Plant Watch List, unless the plant is identified with a tag, label, or sign published under § 2904 of this title.

83 Del. Laws, c. 8, § 1;  83 Del. Laws, c. 347, § 2; 

(a) (1) The Secretary shall adopt regulations necessary to carry out the purposes of this chapter.

(2) The regulations adopted under paragraph (a)(1) of this section shall include all of the following:

a. Maintaining the Invasive Plant List.

b. Establishing and maintaining the Plant Watch List.

(3) The Secretary shall adopt regulations under paragraph (a)(2) of this section with the advice of the Delaware Native Species Commission, so long as the Delaware Native Species Commission exists.

(b) The Invasive Plant List contains plants that are known to be invasive plants. Until revised under paragraph (a)(2)a. of this section, the Invasive Plant List is as follows:

(1) Amur honeysuckle (Lonicera maackii).

(2) Autumn olive (Elaeagnus umbellate).

(3) Callery pear (Pyrus calleryana).

(4) Chinese wisteria (Wisteria sinensis).

(5) Creeping Jenny (Lysimachia nummularia).

(6) Creeping water primrose (Ludwigia peploides subsp. glabrescens).

(7) English ivy (Hedera helix).

(8) European privet (Ligustrum vulgare).

(9) European reed (Phragmites australis subsp. australis).

(10) European sweetflag (Acorus calamus).

(11) Garlic mustard (Alliaria petiolate).

(12) Hydrilla (Hydrilla verticillate).

(13) Japanese barberry (Berberis thunbergia).

(14) Japanese honeysuckle (Lonicera japonica).

(15) Japanese knotweed (Fallopia japonica).

(16) Japanese pachysandra (Pachysandra terminalis).

(17) Japanese stiltgrass (Microstegium vimineum ).

(18) Lesser celandine (Ficaria verna).

(19) Lesser periwinkle (Vinca minor).

(20) Marsh dewflower (Murdannia keisak).

(21) Mile-a-minute weed (Persicaria perfoliate).

(22) Morrow’s honeysuckle (Lonicera morrowii).

(23) Multiflora rose (Rosa multiflora).

(24) Norway maple (Acer platanoides).

(25) Orange daylily (Hemerocallis fulva).

(26) Oriental bittersweet (Celastrus orbiculatus).

(27) Parrot-feather (Myriophyllum aquaticum).

(28) Porcelain berry (Ampelopsis glandulosa).

(29) Purple loosestrife (Lythrum salicaria).

(30) Spotted knapweed (Centaurea stoebe subsp. micranthos).

(31) Tatarian honeysuckle (Lonicera tatarica).

(32) Tree of heaven (Ailanthus altissima).

(33) Water hyacinth (Eichhornia crassipes).

(34) Wineberry (Rubus phoenicolasius).

(35) Winged euonymus (Euonymus alatus).

(36) Yam-leaved clematis (Clematis terniflora).

(37) Yellow flag iris (Iris pseudoacorus).

(c) (1) The Plant Watch List contains plants that have the potential to be invasive plants.

(2) The Secretary shall create and publish a template for the tags, labels, and signs that must be used to identify a plant on the Plant Watch List as being potentially invasive.

83 Del. Laws, c. 8, § 1;  83 Del. Laws, c. 283, § 3;  83 Del. Laws, c. 347, § 3; 

The Department of Agriculture and the Department of Natural Resources and Environmental Control may accept, use, or expand a gift, grant, aid, or loan that may be available from any source, public or private, for the purposes of carrying out the provisions of this chapter.

83 Del. Laws, c. 8, § 1; 

(a) A person who violates this chapter is subject to a civil penalty of not less than $50 and not more than $500 for each proven occurrence.

(b) Before imposing a penalty under subsection (a) of this section, the Secretary must offer the person advice on compliance with this chapter and an administrative hearing under § 2907 of this title.

(c) The Secretary must send a person who violates this chapter a written notice of the violation. The written notice of a violation must contain information regarding the opportunity for an administrative hearing under § 2907 of this title.

(d) (1) A person who violates this chapter may enter into a written agreement with the Secretary, specifying terms and conditions for compliance with this chapter.

(2) A person who is in compliance with all of the terms and conditions of a written agreement under paragraph (d)(1) of this section is not in violation of this chapter.

(e) All civil penalties collected under this section are payable to the Delaware Department of Agriculture and must be used for enforcement of this chapter.

83 Del. Laws, c. 8, § 1; 

(a) The Secretary, or the Secretary’s designee shall conduct all administrative proceedings under this chapter.

(b) A person accused of violating this chapter has the right to appear personally, to be represented by counsel, and to submit evidence and witnesses in defense of the charges.

(c) The Secretary or the Secretary’s designee shall make and preserve a full record of the proceeding. A transcript of the record may be purchased upon payment to the Department of Agriculture of the cost of preparing such a transcript.

(d) The Secretary or the Secretary’s designee shall issue a decision in writing to the person accused of violating this chapter within 30 days of the conclusion of the hearing.

(e) The decision by the Secretary or the Secretary’s designee is appealable to the Superior Court within 30 days of the date the decision is mailed.

(f) Written notice of an appeal under subsection (e) of this section, must state the grounds for the appeal and be served on the Secretary.

83 Del. Laws, c. 8, § 1;