Delaware § 1304 - Plant pest infestations.
Full text of Delaware Delaware Code § 1304 — Plant pest infestations., with citation guidance and answers to common questions.
§ 1304. Plant pest infestations.
(a) Any person that has in the person’s 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 order it is an illegal action to sell, ship, transport, give away, destroy, or otherwise move, alter or tamper with the aforementioned plants.
(c) If the Secretary determines that the provisions of this chapter have been violated, the Secretary shall order and direct that the nuisance be abated by whatever means necessary (including destruction, confiscation, treatment, or return shipment). The abatement of this public nuisance is at the expense of all of the aforementioned persons and shall be without any form of compensation.
70 Del. Laws, c. 332, § 1; 85 Del. Laws, c. 68, § 4;Frequently Asked Questions About Delaware § 1304
What does Delaware Code § 1304 cover?
Section 1304 ("Plant pest infestations.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 1304?
A common citation format is "Delaware Code § 1304" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 1304 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.