Delaware § 1227 Seizure

Delaware Statutes

§ 1227 — Seizure

Delaware § 1227

JurisdictionDelaware

Title3

PartRegulatory Provisions

Ch. 12PESTICIDES

Subch.Inspection and Seizure

This text of Delaware § 1227 (Seizure) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 3, § 1227 (2026).

Text

(a)Any pesticide or device that is distributed within this State may be liable to seizure and forfeiture by the Department upon application to the Superior Court in and for the county wherein the pesticide in question is located:

(1)In the case of a pesticide, the court shall order forfeiture without compensation: a. If it is adulterated or misbranded; b. If it has not been registered under § 1203 or 1204 of this title; c. If it fails to bear on its label the information required by this chapter; or d. If it is a white powder pesticide and is not colored as required under this chapter.

(2)In the case of a device, if it is misbranded.

(b)If the pesticide or device is forfeited or condemned, it shall, after entry of decree, be disposed of by destruction or sale as the Department m

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(a) Any pesticide or device that is distributed within this State may be liable to seizure and forfeiture by the Department upon application to the Superior Court in and for the county wherein the pesticide in question is located:

(1) In the case of a pesticide, the court shall order forfeiture without compensation:

a. If it is adulterated or misbranded;

b. If it has not been registered under § 1203 or 1204 of this title;

c. If it fails to bear on its label the information required by this chapter; or

d. If it is a white powder pesticide and is not colored as required under this chapter.

(2) In the case of a device, if it is misbranded.

(b) If the pesticide or device is forfeited or condemned, it shall, after entry of decree, be disposed of by destruction or sale as the Department may direct and the proceeds, if such pesticide or device is sold, less legal costs, shall be paid to the General Fund; provided, that the pesticide or device shall not be sold contrary to this chapter; and provided further, that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the Department may direct that said pesticide or device be delivered to the owner thereof for relabeling or reprocessing as the case may be.

(c) When a decree of condemnation or forfeiture is entered against the pesticide or device, Department costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide or device.