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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 Label

CERTIFICATION

 

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. PPE man

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. teacher

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.
 

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.
 

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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Dr. Susan P. Whitney
swhitney@udel.edu