§ 1236 — Stop sale, use or removal orders

When the Department has reasonable cause to believe a pesticide or device is being distributed or used in violation of any of the provisions of this chapter, or any of the prescribed regulations under this chapter, it may issue and serve a written “stop sale, use or removal” order upon the owner or custodian of any such pesticide or device. The pesticide or device shall not be sold, used or removed until the provisions of this chapter have been complied with and the pesticide or device has been released in writing by the Department or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction. Any such “stop sale, use or removal” order shall remain in effect until the violation has been corrected. The owner or custodian of any such pesticide or device against whom a “stop sale, use or removal” order has been issued, may request a hearing to demonstrate that he or she is in compliance with this chapter or any regulations promulgated thereunder. Such hearing shall be scheduled within 15 days of the request and shall be held by the Secretary of the Department of Agriculture or his or her designee. The burden shall be on the owner or custodian of any such pesticide or device to show compliance. The hearing shall be conducted in accordance with the Administrative Procedures Act of the State. The decision of the Department may be appealed to Superior Court on the record.

Legislative History

58 Del. Laws, c. 166 ; 60 Del. Laws, c. 671, § 1 ; 64 Del. Laws, c. 189, § 11 ; 70 Del. Laws, c. 186, § 1