Delaware § 1103 - Discovery and suppression of plant pests.

§ 1103. Discovery and suppression of plant pests.

(a) In order to prevent the introduction of or to control dangerously injurious plant pests in the State, the Department shall seek out all dangerously injurious plant pests destructive to the agricultural, forest or horticultural interests of this State or the State’s general environmental quality. As it deems necessary, the Department shall conduct research to accomplish the aforementioned duty.

(b) In order to prevent the spread of dangerously injurious plant pests, the Department shall issue orders for any control measures it deems necessary. These control orders may indicate the type of control to be utilized, the compound or material and the manner or the time of application. Control shall be obtained by any of the methods approved in Chapter 12 (Pesticides) of this title or any other legal treatment.

(c) Upon knowledge of the existence of a dangerously injurious plant pest within the State, the Department may conspicuously mark all plants known or suspected to be infected or infested with the plant pest. The Department shall notify the person(s), owner(s) or the tenant(s) in possession of the premises in question of the existence of the dangerously injurious plant pest and of the prescribed control measures. The aforementioned person(s) must, within the prescribed time limit, implement the conditions of the Department’s control order or be subject to civil penalties as stated in this chapter.

(d) The removal of markings placed by the Department, for the purpose of identification of plants infested or infected by dangerous injurious plant pests, by persons other than those authorized by the Department is an illegal act and punishable as a civil violation as prescribed in this chapter.

(e) Should the person(s) associated with or the owner(s) of the plants infested or infected with the dangerously injurious plant pests or the tenant(s) or owner(s) in possession of the premises wherein the plants are found, neglect, fail or refuse to apply the control measures prescribed by the Department, in the manner or at the times ordered and directed by the Department, then the Department may cause the prescribed control measures to be applied at the expense of the aforementioned person(s). The Department shall, when it deems necessary, cause pest infected or infested plants to be destroyed at the expense of the aforementioned person(s) and the loss to fall upon the person(s) without any form of compensation.

(f) The Department, in order to prevent the spread of dangerously injurious plant pests, may apply necessary control measures at the expense of the person(s), owner(s) or tenant(s) associated with any and all suspicious plants found to be in dangerous proximity to those infested or infected by the aforementioned plant pest. Any control measures enacted under this section may be applied in a manner and at a time the Department deems necessary.

(g) The Department may enter into cooperative agreements with organizations, including, but not limited to, persons, civic groups or governmental agencies to adopt and execute plans to control areas infested or infected with dangerously injurious plant pests. Such cooperative agreements may include provisions of joint funding of any control treatment.

(h) If a dangerously injurious plant pest occurs and cannot be adequately controlled by individual person(s), owner(s), tenant(s) or local units of government, the Department may conduct the necessary control measures independently or on a cooperative basis with federal or other units of government.

(i) The Department’s methods of operations shall not be limited to those specifically listed in this section.

21 Del. Laws, c. 216, §  4;  Code 1915, §  653;  Code 1935, §  571;  3 Del. C. 1953, §  1101;  57 Del. Laws, c. 764, §  4;  64 Del. Laws, c. 234, §  1;  66 Del. Laws, c. 153, §  3;  70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;