The Delaware Pesticide Law is a companion bill to the Federal Insecticide Fungicide Rodenticide Act (FIFRA). The state law defines how FIFRA and the state statute will be administered and regulated. Copies of the specific rules and regulations of the law can be obtained by contacting the Delaware Department of Agriculture. The major aspects of the act includes the following:

Section 1201 Declaration of Purpose
    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.

Section 1202 Definitions
    Defines the terms used in this law including certified applicator, private applicator, commercial 
    applicator and under the direct  supervision of a certified applicator.

Section 1203 Regulation; Duties and powers of the Department
    All pesticides and devices that are available for sale or use in Delaware must first be registered with 
    the Department. The Department may prescribe the methods to be used in application of pesticide, 
    which may relate to the time, place, manner, materials, amounts and concentrations in connection 
    with  the application of the pesticide. The Department shall adopt "restricted use pesticide' 
    classifications.  For the purpose of uniformity these classifications shall conform to all current and 
    future classifications adopted by E.P.A. The Department has the power to issue Cease and Desist 
    Orders to any person violating any rule, regulation or order, or provisions under the statute.

Section 1204 Registration of Pesticides which do not have E.P.A. registration for intended use.
    The Department has the authority to issue special local needs registration under certain 
    circumstances.

Section 1205 Revocation of Suspension of Registration
    The Department may revoke or suspend a pesticide registration to prevent unreasonable adverse 
    affects on the environment.

Section 1206 Licenses - Required Classification
    The Department requires that any person engaged in the business of applying pesticides to the 
    lands of another must have a license issued by the Department. The Department classifies licenses 
    to be issued. These classifications are based on the particular type of pest control being performed 
    by the applicator.

Section 1207 Procedure
    Applicants must make a written application to the Department enclosing an annual fee ($50.00) and 
    proof of financial responsibility (surety bond or liability insurance policy).

Section 1208 Denial of License
    The Department will refuse to issue a license until the applicant has furnished evidence of financial 
    responsibility or if the applicant has committed any unlawful act under the Delaware Pesticide Law.

Section 1209 Suspension; Modification; Revocation
    The Department may suspend or modify any license granted where the Department has reasonable 
    grounds to believe that the licensee is responsible for unlawful acts under this law.

Section 1210 Renewal of License
    Licenses must be renewed by December 31st, of each year. Renewal notices are mailed by the 
    Department by October 1st, of each year.

Section 1212 Registering Non-certified Individuals
    The Department by regulation provides a program for registering non-certified individuals in the 
    employ of licensees. A fee of $25.00 is charged for the registration of non-certified individuals in the 
    employ of licensees.

Section 1214 Permits
    Requires companies that sell "restricted use pesticides" to have a dealer permit. Allows the state to 
    issue experimental use permits.

Section 1216 Certification Required
    Any individual applying restricted use pesticides must be certified by the Department or must be 
    under the direct supervision of a certified applicator.

Section 1217 Standards, Classifications
    The Department prescribes standards for the certification of applicators of pesticides. Standards 
    relate to use, handling, toxicity and safety of pesticides. Individuals are classified commercial or 
    private applicators. Subclassifications include - but are not limited to, ornamental & turf, agricultural, 
    institutional, structural, or right-of-way pesticide applicators.

1218 Certification Procedures
    Individuals become certified by successfully completing a written examination in basic core 
    knowledge and in each category the individual desires to become certified. An annual fee is charge 
    for commercial applicator certificates.

1219 Renewal of Certification
    Commercial applicators may attend Department approved courses to accumulate credits to fulfill 
    recertification educational requirements. As an option applicators may request re-examination.

1224 Unlawful Acts
    1. Making a pesticide recommendation or use inconsistent with the label.
    2. Making false or fraudulent records, invoices or reports.
    3. Applying pesticides to the lands of another without having a pesticide business license. 
    4. Applying a restricted use pesticide without a certified applicator in direct supervision.
    5. Selling or offering to sell a restricted use pesticide unless the purchaser is a certified applicator. 
    6. Refusing or neglecting to keep and maintain records or operating in a faulty, careless or negligent 
    manner.

Section 1225 Civil Penalties
    A civil penalty of up to $2500 may be assessed for each offense upon a person other than a private 
    applicator. In the case of a private applicator a civil penalty of up to $500 may be assessed for each 
    violation.

Section 1226 Inspection
    Gives the Department authority to conduct inspections of storage or disposal areas, investigate 
    complaints involving pesticides, sample pesticides being applied or to be applied, inspect books 
    and records relating to shipment, sale or use of pesticides, and sample pesticides being held for 
    sale or distribution.

Section 1228 Pesticide Advisory Committee
    Establishes a committee of various experts in the pesticide industry. Their purpose is to advise the 
    Department on any and all problems relating to pesticides in the state.

Section 1233 Reports of Pesticide Accidents, Incidents or Loss
    Outlines the procedure to file a claim of pesticide damages. 

Section 1235 Storing and Disposal of Pesticides and Pesticide Containers
    Gives the Department authority to write rules and regulations governing the storage and disposal of 
    pesticides and pesticide containers.

Section 1236 Stop Sale, Use or Removal Order
    The Department may serve written "Stop sale, use or removal" orders upon the owner or custodian 
    of  pesticides or devices that do not comply with provisions of the Delaware Pesticide Law.

Section 1237 Enforcement of Chapter
   This section gives the State Department of Agriculture the authority to enforce the provisions of the law and to write rules and regulations. 

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