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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2014

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3 DE Admin. Code 601
Notice of a public comment period of thirty (30) days on this proposed amended regulation was published in the Delaware Register of Regulations for August 1, 2013. This is the Department of Agriculture’s Decision and Order adopting the proposed amended regulations.
2.1 3 Del.C. Part II, Ch. 2, §1237, places the enforcement of the Delaware Pesticide Law with the Department of Agriculture and empowers the Department to establish regulations.
2.2 By virtue of the authority vested in me as Secretary of Agriculture by 3 Del.C., Part II, Ch. 2, I, Michael T. Scuse, Secretary of Agriculture, do hereby promulgate the following rules and regulations governing the sale, use and application of pesticides in Delaware.
“Accident” means an unexpected, undesirable event resulting in the presence of a pesticide that adversely affects man or the environment.
“Brand” means any word, name, symbol, device, or any combination thereof, which serves to distinguish a pesticide product manufactured, distributed, sold, or offered for sale by one person from that manufactured, distributed, sold, or offered for sale by any other person.
“Certification” means the recognition by the Department that a person has met the qualification standards established under Section 8 or Section 9 of these regulations and has been issued a written certificate from the Department authorizing them to use pesticides for the specified type(s) of pest control.
“Competent” means properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity and associated responsibility.
“Fumigant” means a gaseous or readily volatilizable chemical (such as hydrogen cyanide or methyl bromide) used as a pesticide.
“Fumigation” means the application of a fumigant to one or more rooms in a structure, or to the entire structure, or to a localized space within a structure or outside a structure, such as a box car, aircraft, truck, ship or any object sealed or covered. Excluded is the use of a fumigant in or on the soil.
“Grade” means a formulation of a pesticide, except that the addition of pigments solely for coloration shall not constitute a change in formulation such as to constitute a new grade requiring registration.
“Handle Pesticides” means to mix, load, apply, or dispose of pesticides.
“Hazardous Waste” has the same meaning as found in 7 Del.C., Ch. 63.
“LAW” means the Delaware Pesticide Law, 3 Del.C., Part II, Ch. 2.
“Regulated Pest” means a specific organism considered by the State or by a Federal Agency to be a pest requiring regulatory restrictions, regulations or control procedures in order to protect man or the environment.
“Service Vehicle” means any vehicle used by a licensee to transport pesticides for the purpose of their application.
4.1.3 The applicant desiring to register a pesticide shall pay a biennial registration fee of seventy dollars ($70.00) to the Delaware Department of Agriculture for each brand or grade of pesticide to be registered for such applicant. All registrations shall continue in effect until June 30 of the year in which they expire. Applications received between January 1 and June 30 shall be registered for the upcoming two year period. Applications received between July 1 and December 31 will be registered for a two year period beginning July 1 of the year in which the application was received.
4.2.1 Licensees shall register with the Department all employees who handle pesticides. Registration shall be made when making an application for a license or within 30 45 days after employment. The fee for registering an employee shall be $25.00. However, the employee registration fee shall be waived if the employee is certified under the LAW.
5.1 Applicants for a business license shall complete a signed and notarized application form prescribed by the Department.
8.1.5 Failure to answer at least 70% of the questions correctly shall be grounds for denial of certification. Applicant may apply for one (1) reexamination scheduled at least thirty (30) forty-five (45) days after their initial examination. No person shall be permitted to be examined in the same category or subcategory more than twice in any twelve (12) month period.
Hours A commercial applicator may not purchase, use or supervise the use of a restricted use pesticide during the ninety (90) day grace period following the expiration date on his certificate. In addition, a commercial applicator with an expired certificate is not authorized to act as the designated certified applicator under the licensing provisions of §1206(a).
9.4.4 In accordance with Title 3, Delaware Code, Section 1218, there is no fee for Private Applicator Certification.
14.1.1 The brand name of the pesticide used. In the case of a Restricted Use Pesticide or a pesticide which is used under the provisions of 40 Code of Federal Regulations, Part 170, Worker Protection Standards, the EPA Registration Number shall also be recorded at or before the time of application.
"Apartment Building" shall mean a building that contains four or more dwelling units that are rented primarily for nontransient, permanent dwelling purposes, with rental paid by intervals of one week or longer.
“Child Day-care Center” shall mean a facility, other than a school as defined elsewhere herein, which provides care, education, protection, supervision and guidance on a regular basis for children. Services are provided for part of the 24 hour day, unattended by parent or guardian, and for compensation. Provided, nevertheless, that “child day-care center” shall not include any such facility which is operated within a private home.
“General Use Pesticide” shall include all pesticides as defined by 3 Del.C. §1202(27), with the following exceptions:
“Hospital” shall have the same meaning assigned by 16 Del.C. §1001(1).
“Institutional and Maintenance Applicator" means any person who owns, operates or maintains a school, apartment building, nursing home, hospital or child day-care center, or is an employee of a school, apartment building, nursing home, hospital, or child day-care center; and who applies general use pesticides inside the school, apartment building, nursing home, hospital, or child day-care center.
"Nursing Home" shall have the same meaning assigned by 16 Del.C. §1101.
“Private Home" shall mean a non-public residence such as a house, duplex, townhouse, apartment, or mobile home where the provider of child day-care services lives and has control over the furnishings and use of space. An individual unit in public housing and university housing complexes is considered a private home.
“School” shall mean a completed structure utilized as a public or private school, grades kindergarten through post graduate.
22.2.1 "Termiticide" shall mean a pesticide registered pursuant to the LAW and which is intended for preventing, destroying, repelling or mitigating termites.
1 Adopted by the Association of Structural Pest Control Regulatory Officials, effective November 14, 1995
Last Updated: December 31 1969 19:00:00.
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