Certified
Applicator's Information
Educator's
Information
Homeowner's
Information

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HIGHLIGHTS OF THE DELAWARE
PESTICIDE LAW
| THE PESTICIDE
LABEL |
THE LABEL IS
THE LAW! It has information you must know. It is unlawful to sell a pesticide
without an attached label |
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| CERTIFICATION
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Restricted-use
pesticides (RUP's) are pesticides that, even when applied according to
label directions, may cause unreasonable damage to the environment or injury
to the applicator if additional regulations and restriction are not enforced.
Therefore, RUP's may be applied only by licensed applicators or by those
working under their direct supervision. All applicators must renew annually
and recertify every three years. |
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| APPLICATION
RECORDS |
All applicators
must keep the following records for 2 years from the date of application:
* Pesticide name and formulation
* EPA registration number
* Dilution rate and amount applied
* Date and specific area treated
* Pest Controlled
* Name of applicator
* Name of certified applicator
* Weather conditions when label advises
precautions against drift: wind velocity and direction, temperature and
relative humidity |
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| EMPLOYEE
REGISTRATION |
The licensed
pesticide applicator must train and register employees who apply pesticides.
Registration must be submitted to the Delaware Department of Agriculture
within 30 days of employment. The licensed applicator must be able to verify
employee training. |
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| BUSINESS
LICENSE |
Any person
engaged in the business of applying pesticides (restricted-use or general-use)
to the land of another must obtain a pesticide business license from the
Delaware Department of Agriculture in addition to a regular business license.
All pest control businesses licensed in Ornamental and Turf, Right-of-Way,
and Structural Pest Control must display their company name and assigned
pesticide business license number on all service vehicles. The license
number shall be in bold, readable numbers, not less than two (2) inches
or more than six (6) inches high. |
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| DEALERS |
Dealers of
pesticides must keep records on the sale of RUP’s:
* Pesticides & formulation
* Quantity sold
* Date of sale
* Name and address of purchaser or
receiver, including the certified applicators ID number. |
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| DAMAGE OR
INJURY |
Any person
claiming damages from a pesticide application must file a report with the
DDA within 60 days. If a growing crop is alleged to have been damaged,
the report must be filed before 25% of the crop has been harvested. The
claimant must permit the Department, the applicator and his representatives
to observe, within reasonable hours, the alleged damages. |
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| FINES AND
PENALTIES |
The Delaware
Pesticide Law states that it is unlawful to:
* Make a pesticide recommendation or
application not in accordance with the label.
* Operate in a faulty, careless or
negligent manner.
* Fail to keep required records or
make false records.
* Transport, store or dispose of pesticides
or containers in a manner as to endanger man, crops, livestock, wildlife
or the environment.
* Detach, alter, deface or destroy
the label before sale.
* Apply a RUP without a certified
applicator in direct supervision.
* Fill application equipment without
a backflow preventing valve or device unless a separate water storage tank
is used & the fill spout does not touch the water level.
In addition, you must have a copy of
the label at the site of application during application and you must provide
information from the label to any interested person at or near the application
site upon request. |
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| OTHER
FEDERAL AND STATE LAWS |
RESOURCE CONSERVATION
AND RECOVERY ACT (RCRA)
RCRA regulates the disposal
of hazardous wastes. It is administered by the EPA and the Delaware Department
of Natural Resources and Environmental Control.
SUPERFUND AMENDMENTS AND
RE- AUTHORIZATION ACT OF 1985 (SARA)
Sara Title III is commonly
known as the Emergency planning and Community Right-to-Know Act. It establishes
procedures for emergency planning preparedness and reporting of specific
quantities of stored or spilled hazardous chemicals, including pesticides.
it is administered by EPA, the Division of Delaware.
HAZARDOUS CHEMICAL INFORMATION
ACT
This act requires that employers
provide employees and other interested parties with certain pesticide use
and safety information. It is administered by the State of Delaware, Division
of Public Health, Bureau of Environmental health
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UD Home Page
Dr. Susan P. Whitney
swhitney@udel.edu
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