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

Legislation Document

SPONSOR:

Sen. Huxtable & Rep. Carson

Sen. Wilson; Rep. Berry

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 311

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

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

Section 1. Amend § 1207, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1207.

Same

Licensing

– Procedure.

(a) Application for a license shall be made in writing to the Department on a designated form obtained from the Department.

(b) The Department shall require a fee of $50 for an annual license

or $100 for a biennial license

.

(c) The Department shall issue a license limited to the classifications of pesticide use for which an applicant is qualified. To qualify for a license, the following conditions shall be met:

(1) The applicant must provide evidence that at least 1 applicator in his or her employ is certified to apply pesticides in the classification(s) of pest control for which he or she is applying. At least 1 of these certified applicators must have a minimum of 2 years practical experience under the supervision of a certified applicator. This experience shall have been acquired during the previous 3-year period and shall be related to the license classification at issue.

(2) The applicant files the proper proof of financial responsibility as required under § 1208(a) of this title.

(3) If the applicant is applying for a license to engage in the aerial application of pesticides, he or she shall have met all the requirements of the Federal Aviation Administration and any other applicable federal or state laws or regulations to operate the equipment described in the application.

(d) The Department may limit the license of the applicant to the use of certain pesticides, to certain areas or to certain types of equipment if the applicant is only so qualified. If a license is not issued as applied for, the department shall inform the applicant in writing of the reasons therefor.

(e) If the application for renewal of any license provided for in this chapter is not filed prior to the 1st day of January in any year, a penalty of 20 percent of the yearly fee shall be assessed and added to the renewal fee and shall be paid by the applicant before the renewal license shall be issued.

Section 2. Amend § 1234, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1234. License to keep records; duration; submission to Department.

(a) The Department shall require the

licensee or certified

licensee, certified private, or certified

commercial applicators to maintain records with respect to applications of pesticides. Such relevant information as the Department may deem necessary may be specified by regulation. The Department may require the licensee to maintain records related to applications of certain “state restricted pesticide uses.”

(b) Such records shall be kept for a period of 2 years from the date of the application of the pesticide to which such records refer.

(c) Such records shall be made available for inspection to the Department by the

licensee or certified

licensee, certified private, or certified commercial

applicator upon request in writing by the Department.

Section 3. Amend § 1301, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1301. Definitions.

For purposes of this chapter:

(21) “Landscaper” means any person that keeps at a premises, or procures for transplantation, nursery stock for installation on the property of another person.

This includes commercial entities that install their own nursery stock.

Section 4. Amend § 1604, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1604. Licensed grain inspectors.

(a) Any person engaged in the operation of a commercial grain elevator, grain warehouse or other grain storage facility shall only utilize licensed grain inspectors for all grain sampling and testing.

(b) To obtain a Grain Inspector’s License applicants shall be required

to furnish satisfactory evidence of good character to the Department and

to pass an examination conducted by the Department. The examination shall test the applicant’s ability to operate grain moisture testing devices, to use grain inspecting equipment, and knowledge of grain inspection procedures.

(c) Upon attainment of a passing score on the examination, and payment of a $10 fee, the Department shall issue a Grain Inspector License to the applicant for 2 calendar years. The license shall be renewed biennially upon successful reexamination, if the Licensed Grain Inspectors duties have been performed satisfactorily during the previous 2-year period, and upon payment of a $10 fee. Grain Inspector Licenses shall be posted at the commercial grain elevator, grain warehouse or other grain storage facility in full view of the public.

SYNOPSIS

This Act does the following:

1) On line 6, the Act deletes a provision about the Department of Agriculture issuing a biennial license for $100.

2) The Act requires certified private applicators to maintain records with respect to applications of pesticides and to make the records available for inspection by the Department.

3) The Act expands the definition of “Landscaper” to include commercial entities that install their own nursery stock.

4) The Act removes the requirement that Grain Inspector License applicants furnish satisfactory evidence of good character to the Department.

Author: Senator Huxtable