Subchapter VII. Miscellaneous
TITLE 3
Agriculture
Regulatory Provisions
CHAPTER 12. PESTICIDES
Subchapter VII. Miscellaneous
§ 1233. Reports of pesticide accidents, incidents or loss.
(a) The Department may by regulation require the reporting of pesticide accidents or incidents to the Department.
(b) Any person claiming damages from a pesticide application shall have filed with the Department on a form prescribed by the Department a written statement claiming that he or she has been damaged. This report shall have been filed within 60 days after the date that damage occurred, except that if a growing crop is alleged to have been damaged, the report must be filed prior to the time that 25% of the damaged crop has been harvested. Such statement shall contain, but shall not be limited to, the name of the person allegedly responsible for the application of said pesticide, if known, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred and the date on which the alleged damage occurred. The Department shall prepare a form to be furnished to persons to be used in such cases and such form shall contain such other requirements as the Department may deem proper. The Department shall, upon receipt of such statement, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility of the damages claimed, and furnish copies of such statements as may be requested. The Department shall inspect damages whenever possible and when it determines that the complaint has sufficient merit, it shall make such information available to the person claiming damage and to the person who is alleged to have caused the damage.
(c) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action.
(d) Where damage is alleged to have occurred, the claimant shall permit the Department, the licensee and his representatives, such as bondsman or insurer, to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that such damage may be examined. Failure of the claimant to permit such observation and examination of the damaged lands shall automatically bar the claim against the licensee.
(e) Nothing in this chapter shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of the Department.
60 Del. Laws, c. 671, § 1; 64 Del. Laws, c. 189, § 10; 70 Del. Laws, c. 186, § 1.;
§ 1234. Licensee to keep records; duration; submission to Department.
(a) The Department shall require the licensee or certified commercial applicators to maintain records with respect to applications of pesticides. Such relevant information as the Department may deem necessary may be specified by regulation. The Department may require the licensee to maintain records related to applications of certain "state restricted pesticide uses."
(b) Such records shall be kept for a period of 2 years from the date of the application of the pesticide to which such records refer.
(c) Such records shall be made available for inspection to the Department by the licensee or certified applicator upon request in writing by the Department.
60 Del. Laws, c. 671, § 1.;
§ 1235. Storing and disposal of pesticides and pesticide containers.
No person shall transport, store or dispose of any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The Department may promulgate rules and regulations governing the storing and disposal of such pesticides or pesticide containers. In determining these standards, the Department shall take into consideration any regulations issued by the E.P.A.
58 Del. Laws, c. 166; 60 Del. Laws, c. 671, § 1.;
§ 1236. Stop sale, use or removal orders.
When the Department has reasonable cause to believe a pesticide or device is being distributed or used in violation of any of the provisions of this chapter, or any of the prescribed regulations under this chapter, it may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such pesticide or device. The pesticide or device shall not be sold, used or removed until the provisions of this chapter have been complied with and the pesticide or device has been released in writing by the Department or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction. Any such "stop sale, use or removal" order shall remain in effect until the violation has been corrected. The owner or custodian of any such pesticide or device against whom a "stop sale, use or removal" order has been issued, may request a hearing to demonstrate that he or she is in compliance with this chapter or any regulations promulgated thereunder. Such hearing shall be scheduled within 15 days of the request and shall be held by the Secretary of the Department of Agriculture or his or her designee. The burden shall be on the owner or custodian of any such pesticide or device to show compliance. The hearing shall be conducted in accordance with the Administrative Procedures Act of the State. The decision of the Department may be appealed to Superior Court on the record.
58 Del. Laws, c. 166; 60 Del. Laws, c. 671, § 1; 64 Del. Laws, c. 189, § 11; 70 Del. Laws, c. 186, § 1.;
§ 1237. Enforcement of chapter.
This chapter shall be enforced by the State Department of Agriculture. The Department may establish regulations, but only after public hearing following due notice to carry out the purposes of this chapter, and all authority vested in the Department by virtue of this chapter may with like force be executed by such employees of the Department as may be designated for said purpose. Due notice shall be given under this section at least 10 days prior to the public hearing and shall consist of publication in newspapers of general circulation, a registered letter to the Pesticide Advisory Committee and may also be sent to representatives of pesticide application trade associations.
58 Del. Laws, c. 166; 60 Del. Laws, c. 671, § 1.;
§ 1238. Cooperative agreements.
The Department may cooperate, receive grants-in-aid and enter into agreements with any agency of the federal government, of this State or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter, in order to:
(1) Secure uniformity of regulations;
(2) Cooperate in the enforcement of the federal pesticide control laws through the use of state and/or federal personnel and facilities and to implement cooperative enforcement programs;
(3) Develop and administer state plans for training and for certification of certified applicators consistent with the federal standards;
(4) Contract for training with other agencies for the purpose of training certified applicators;
(5) Contract for monitoring pesticides for the national plan;
(6) Prepare and submit state plans to meet federal certification standards, as provided for in § 4 of FIFRA [7 U.S.C. § 136i(a)-(c)]; or
(7) Regulate certified applicators.
58 Del. Laws, c. 166; 60 Del. Laws, c. 671, § 1.;
§ 1239. Information.
The Department may, in cooperation with the University of Delaware, Delaware State University, other educational institutions or trade associations, publish information and conduct short courses of instruction in the areas of knowledge required in this chapter.
60 Del. Laws, c. 671, § 1; 69 Del. Laws, c. 67, § 2.;
§ 1240. Repeals.
Jurisdiction in all matters pertaining to the distribution, sale, use, application and transportation of pesticides and devices is by this chapter vested exclusively in the Department, and all acts and parts of acts inconsistent with this chapter, with the exception of Chapter 60 of Title 7, are hereby expressly repealed.
58 Del. Laws, c. 166; 60 Del. Laws, c. 671, § 1.;