§ 1305 — Shipping, labeling, and certification requirements

(a) No person(s) shall sell, ship or give away, by private carrier, commercial carrier or any other means, any plants, plant materials or nursery stock from any nursery, business, or premises within the State, without an accompanying nursery inspection certificate as prescribed in § 1303 of this title. The aforementioned information shall be plainly printed upon a tag, label, etc. that is not easily destroyed, which shall be firmly affixed on the exterior and in a conspicuous position upon each carload, box, container, package, etc. It is the responsibility of both the consignee and consignor to contact the Department to obtain a current nursery inspection certificate and to examine all shipments for the presence of all certification requirements.

(b) Any person(s) or consignor who ships or moves plants, plant material or nursery stock out of state or internationally by private carrier, commercial shipper, or any other means, is required to contact the Department to obtain the phytosanitary certifications required by the consignee’s location. When the Department finds the aforementioned shipment in compliance with the consignee’s location phytosanitary requirements, it will issue the required phytosanitary certificate to the consignor. The consignor shall conspicuously affix a copy of the phytosanitary certificate to the exterior of each carload, box, container, package, etc. It is the responsibility of both the consignee and consignor to contact the Department to obtain the necessary phytosanitary certificates and to examine all shipments for the presence of all required certifications.

(c) When applicable, all shipping containers must be conspicuously and appropriately marked on the exterior as to whether contents must be held for agricultural inspection or whether the contents have been precleared by the Department, under the terms of a preclearance or interstate origin of inspection program (phytosanitary preclearance). It is the responsibility of both the consignee and consignor to obtain all required preclearances and to examine all shipments for the presence of all required certifications.

Legislative History

21 Del. Laws, c. 216, § 10 ; Code 1915, § 659; Code 1935, § 577; 3 Del. C. 1953, § 1302; 65 Del. Laws, c. 491, § 1 ; 68 Del. Laws, c. 329, §§ 6, 7 ; 70 Del. Laws, c. 332, § 1 ; 84 Del. Laws, c. 244, § 4 ; 85 Del. Laws, c. 68, § 5