Delaware § 1310 - Violations.

§ 1310. Violations.

(a) Any person that has in their possession plants, plant materials, or nursery stock that is uncertified, uninspected, or falsely or misleadingly labeled or advertised possesses an illegal regulated commodity.

(1) Plants, plant materials, or nursery stock that is an illegal regulated commodity is considered infested or infected with dangerously injurious plant pests and therefore deemed a public nuisance.

(2) Public nuisances are to be abated as prescribed in § 1304 of this title.

(b) If the Secretary determines that the provisions of this section have been violated, the Secretary shall order and direct that the nuisance be abated by the destruction of all of the plants in question, unless the aforementioned person in possession of an illegal regulated commodity does 1 or more of the following as directed by the Secretary:

(1) Submits to the nursery certification process.

(2) Provides proper phytosanitary preclearance, phytosanitary certification, or nursery certification.

(3) Agrees to have the plants, plant materials, or nursery stock returned to the consignor.

(4) Provides proper documentation, certification, or compliance to support advertising claims.

(c) The abatement of this public nuisance is to be at the expense of the aforementioned person and is to be without any form of compensation.

(d) Under this chapter, any person that wilfully or knowingly does any of the following is subject to 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 the suspension or revocation of the person’s current nursery license or any future operation privileges granted under this chapter:

(1) Misrepresents or falsifies information on a nursery license application.

(2) Fails to obtain a nursery license.

(3) Fails to renew a nursery license, but continues business operations.

(4) Fails to display their nursery license.

(5) Falsely displays a nursery license.

(6) Misrepresents or falsifies their nursery license status.

(7) Misrepresents or falsifies information on a nursery inspection certificate.

(8) Fails to submit to a nursery inspection.

(9) Fails to provide the cooperation necessary to conduct a successful nursery inspection.

(10) Fails to satisfactorily pass the nursery inspection, but continues business operations.

(11) Possesses uncertified plants, plant materials, or nursery stock.

(12) Possesses an illegal regulated commodity.

(13) Defies a Department hold order.

(14) Violates a quarantine imposed by the Department.

(15) Fails to obtain nursery inspection certification.

(16) Fails to obtain phytosanitary certification.

(17) Fails to obtain phytosanitary preclearance.

(18) Creates or possesses a public nuisance.

(19) Misrepresents or falsifies information to obtain nursery inspection certification, phytosanitary certification, or phytosanitary preclearance.

(20) Defaces, mutilates, or destroys a nursery inspection certificate, phytosanitary certificate, or phytosanitary preclearance certificate, or other Department mark.

(21) Fails to notify the Department of an uncertified shipment of plant, plant materials, or nursery stock.

(22) Transports uncertified plants, plant materials, or nursery stock.

(23) Misrepresents or falsifies plant advertisement or label information.

(24) Fails to comply with the nursery license advertising requirements.

(25) Commits any violation of this chapter as determined by the Secretary or the Secretary’s designee.

70 Del. Laws, c. 332, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 244, § 8;  85 Del. Laws, c. 68, § 10;