AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO PESTICIDES.

Plain English Breakdown

The official material confirms the fee increase but does not specify if the new maximum takes effect immediately upon signature or at a later date, though standard practice suggests immediate effectiveness unless specified otherwise.

HB221: Raising Pesticide Registration Fees in Delaware

This law raises the maximum biennial registration fee for pesticides and devices from $140 to $500.

What This Bill Does

• Increases the maximum allowed biennial pesticide registration fee from $140 to $500.
• Requires that fees be set by the Department of Agriculture with approval from the Secretary of Agriculture.
• States that established fees must reasonably reflect all costs necessary for the Department's activities under this chapter.
• Mandates that revenue collected from these fees be deposited into an appropriated special fund account within the Department of Agriculture.
• Makes technical corrections to existing laws to match current Delaware legislative drafting standards.

Who It Names or Affects

• Companies or individuals who distribute or use pesticides and devices in Delaware
• The Department of Agriculture, which collects fees and manages pesticide registration

Terms To Know

Biennial fee

A charge that must be paid once every two years.

Registration

The official process of listing a pesticide or device with the state so it can be legally sold or used.

Limits and Unknowns

• The law sets a maximum fee limit but does not specify if every product will cost exactly $500.
• The text states fees must approximate costs, meaning actual amounts may vary below the $500 cap.
• No specific effective date is listed in the provided material other than noting it was signed by the Governor.

Official Summary Text

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO PESTICIDES.
This Act allows the Department of Agriculture to increase the biennial pesticide registration fee, which currently may not exceed $140, up to a maximum fee of $500. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to increase the effective rate of any tax levied or license fee imposed.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Carson & Sen. Huxtable

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 221

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO PESTICIDES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend § 1203, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1203. Regulation; duties and powers of Department.

(a) In order to regulate the sale

and/or

and

use of pesticides and devices in this State, the Department shall, by regulation, provide that every pesticide and device distributed

and/or

or

used within this State shall be duly registered with the Department. The Department, with the approval of the Secretary of Agriculture, shall establish a biennial registration fee, not to exceed

$140,

$500,

for each pesticide or device registered. The fee established by the Secretary of Agriculture shall approximate and reasonably reflect all costs necessary to defray the expenses of the Department’s activities pursuant to this chapter. At the beginning of each calendar year, the Department shall compute the appropriate pesticide or device registration fee. All revenue generated by this fee shall be deposited in an appropriated special fund account in the Department of Agriculture.

SYNOPSIS

This Act allows the Department of Agriculture to increase the biennial pesticide registration fee, which currently may not exceed $140, up to a maximum fee of $500. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to increase the effective rate of any tax levied or license fee imposed.