§ 1301. Definitions. The following words shall, for purposes of this chapter, be defined as follows: (1) “Agent” — any person who performs services for another person under an express or implied agreement. A person may be an agent without receiving compensation for services. (2) “Agriculture” — the production of plants and animals useful to […]
§ 1302. Nursery industry licensing requirements. (a) Any person(s), grower(s), agent(s), broker(s), dealer(s), mail-order merchant(s), commission merchant(s), consignor(s), landscaper(s), florist(s), greenhouse operator(s), chain store operator(s), garden center operator(s), roadside market operator(s), producer(s) or owner(s) engaged directly with the distribution of plants, plant products, plant material, nursery stock or horticultural products, is required to inform the […]
§ 1303. Inspection of nurseries and businesses, nursery stock certification. (a) After receiving the nursery industry license application, the Department or its representatives shall examine or inspect all plants, plant material, or nursery stock located or grown on the business location or any other applicable location. Nurseries must maintain adequate weed control so a thorough […]
§ 1304. Plant pest infestations. (a) Any person(s) who has in their possession plants, plant materials or nursery stock infested or infected with dangerously injurious plant pests possesses a public nuisance. (b) Upon discovery or notification of such nuisance the Department shall place a hold order on the aforementioned material. While under such a hold […]
§ 1305. Shipping, labeling and certification requirements. (a) No person(s) shall sell, ship or give away, by private carrier, commercial carrier or any other means, any plants, plant materials or nursery stock from any nursery, business, or premises within the State, without an accompanying nursery stock certificate as prescribed in § 1303 of this title. […]
§ 1306. Shipment of nursery stock into state; labeling and certification. When any plants, plant materials or nursery stock are shipped, sent or mailed into this State, to any person in this State, every carload, container, box, package, etc., shall be conspicuously labeled on the exterior with the name of the consignor, the state of […]
§ 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department. Any person(s) who acts as the representative of a transportation company, private carrier, commercial shipper, common carrier, express parcel carrier or other transportation entity, and receives, ships or moves a carload, box, container, package, etc., of plants, plant materials or nursery stock, that […]
§ 1308. Labeling and advertising of nursery stock. (a) Plants, plant materials or nursery stock shall not be labeled or advertised with false or misleading information. This includes, but is not limited to, common name, scientific name, variety, place of origin and growth habit. (b) A person(s) may not offer for sale, sell, give away, […]
§ 1309. Reciprocal agreements. The Department shall have the authority to make reciprocal agreements with the responsible officials of other states. Nursery stock or plants from any other state may be sold or delivered in Delaware under the same conditions required for sale, delivery, or distribution of Delaware nursery stock or plant materials. An official […]
§ 1310. Violations. (a) Any person(s) who has in their possession plants, plant materials or nursery stock that is uncertified, uninspected, and/or falsely or misleadingly labeled or advertised possesses an illegal regulated commodity. The aforementioned plants shall be considered infested or infected with dangerously injurious plant pests and therefore deemed a public nuisance. Public nuisances […]
§ 1311. Hearing procedures. (a) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture and the Secretary’s designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of […]
§ 1312. Appeals. A person who feels aggrieved by the Department as a result of the administrative hearing held under the authority of this chapter may take appeal, within 30 days, to the Superior Court. After full hearing, the Court shall make such decree as seems just and proper. Written notice of such appeal, together […]
§ 1313. Civil penalties. (a) The civil penalty for violation of any section of this chapter not already stated will be the assessment of a civil penalty, the confiscation or destruction of any and all plants, plant materials or nursery stock found on the premises or contained in the shipment in question and/or suspension or […]
