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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2019


Regulatory Flexibility Act Form

Authenticated PDF Version

The Department of Agriculture proposes to amend its Regulations adopted in accordance with Title 3, Chapter 1 of the Delaware Code to add Rules and Regulations for Spotted Lanternfly at 3 DE Admin. Code 804. The purpose of the amended regulations is to establish for the plant pest, spotted lanternfly, appropriate quarantine restrictions, permitting process, and discovery and suppression measures within the State of Delaware. Other regulations issued by the Department of Agriculture are not affected by this proposal. The Department of Agriculture is issuing these proposed regulations in accordance with Title 3 of the Delaware Code, Chapter 11 Sections 1102, 1103 and 1106. This notice is issued pursuant to the requirements of Chapter 101 of Title 29 of the Delaware Code.
A copy of the proposed regulations is being published in the February 1, 2019 edition of the Delaware Register of Regulations. A copy is also on file in the office of the Department of Agriculture, 2320 South DuPont Highway, Dover, Delaware 19901 and is available for inspection during regular office hours. Copies are also published online at the Register of Regulations website: http://regulations.delaware.gov/services/current_issue.shtml.
These regulations are promulgated pursuant to the authority of Sections 1102, 1103 and 1106 of Title 3 of the Delaware Code.
2.1 Spotted Lanternfly, Lycorma delicatula, is a new pest to the United States and has been detected in Delaware. This is a dangerous insect to forests, ornamental trees, orchards, and grapes and is not native to Delaware or the United States. It is not yet widely prevalent or distributed within or throughout Delaware, but it has been found in numerous locations since its first appearance in Delaware in 2017.
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
Control (of a pest)” means to curb or hold in check and includes, but is not limited to, abatement, containment, eradication, extermination or suppression.
Dangerously injurious plant pest” means a plant pest that constitutes a significant threat to the agricultural, forest or horticultural interests of this State, or the State's general environmental quality.
Department” means the State of Delaware Department of Agriculture and includes, but is not limited to, its officers, inspectors, employees, agents, or representatives.
"Designated employee" means the owner, manager, supervisor, or other person with authority to bind the entity and train other employees.
Designee” means the person designated by the Plant Industries Administrator to act on their behalf.
Eradicate” means the elimination or removal of a pest from a defined geographic area.
Living Life Stage” means the entire life stage of the Spotted Lanternfly, including, but not limited to, adults, nymphs, or viable egg mass of Spotted Lanternfly.
"Person" means any individual, family, group, firm, association, business, company, corporation, entity or organization.
Pest” means any biotic agent that is known to cause damage or harm to agriculture or the environment.
Plant” means all plant parts, including whole plants, roots, scions, seeds and/or cuttings.
Plant Pest” means, but is not limited to, any pest of plants, agricultural commodities, crop seed, farm products, horticultural products, nursery stock or noncultivated plants. This includes, but is not limited to, insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like organisms, weeds, plants or parasitic higher plants.
Regulated Articles” means the plant pest Spotted Lanternfly, along with any material or object that may carry or spread the Spotted Lanternfly as provided in subsection 5.1 of these regulations.
Spotted Lanternfly” means the invasive insect having scientific name Lycorma delicatula.
8.1 Regulated Articles, including any vehicle or conveyance, may be shipped through the quarantine area if the Regulated Articles and the vehicle and conveyance originates outside the quarantine area and all the following criteria are met:
8.2 If any other area inside or outside of this State is determined by a federal, state or other regulatory agency to have the Spotted Lanternfly present, movement from that area into the State shall require a permit issued either under the provisions of these regulations, Department approved permitting process or other program carried out by the State of origin.
In order to prevent the introduction of or to control Spotted Lanternfly, the Department shall seek out this dangerously injurious plant pest within the State, issue orders for control measures it deems necessary, and apply regulatory provisions of Title 3, Chapter 11, §1103 of the Delaware Code.
11.1 In accordance with the provision of 3 Del.C. §1108, and 3 Del.C. §1110, it shall be unlawful to violate or fail to comply with any provisions of these regulations and the person charged with a violation of these regulations shall be assessed a civil penalty, in accordance with 3 Del.C. §1110.
Last Updated: December 31 1969 19:00:00.
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