Delaware Core study topics / Delaware Pesticide Use and Records

Delaware Pesticide Use and Records

About 5 of every 50 questions on a Delaware Core practice exam come from this topic.

Sources checked

What to know

Delaware's use rules come from 3 Del. C. ch. 12 and the Department of Agriculture's regulation 601. Under § 1224, using a pesticide inconsistent with its labeling is a misdemeanor (class B for a first offense); false records and applying a restricted use pesticide without a certified applicator in direct supervision are class A; careless operation, failing to keep records and working without financial security are unclassified misdemeanors. The Secretary may assess civil penalties only after notice and a chance for a hearing, and may warn instead when a violation happened despite due care. Licensees and certified private and commercial applicators keep application records for 2 years and show them on the Department's written request. Commercial records list the brand name, the dilution rate and amount applied, and wind, temperature and humidity when the label warns about drift; they are logged within 24 hours, and the label must be on site for anyone nearby who asks. Restricted use pesticides go only to certified applicators, through a permit for each dealership, with photo ID at delivery. Pesticides are stored so they cannot contaminate food, feed or water; open burning is barred, and so is dumping into waters or drains without a DDA permit; containers are triple rinsed at once and punctured (glass excepted), and fill hoses need backflow devices. Damage claims are due within 60 days, or before 25% of a damaged crop is harvested. The Department issues written stop orders, may seek search warrants, and sets termite rules: Wood Destroying certification and a written customer disclosure within 14 days.

Where it comes from

  • 3 Del. C. §§ 1224, 1225
  • 3 Del. C. §§ 1233-1236
  • 3 Del. Admin. Code 601-14.0
  • 3 Del. Admin. Code 601-16.0, 18.0
  • 3 Del. Admin. Code 601-20.0, 21.0, 22.0

Try a practice question

An applicator is charged for the first time with applying a pesticide in a way inconsistent with its labeling. Under 3 Del. C. § 1224, how is this first offense classed?

  1. AAs a civil violation with no criminal penalty
  2. BAs a class A misdemeanor
  3. CAs a class B misdemeanor
  4. DAs a felony
Show the answer

As a class B misdemeanor. Use inconsistent with the labeling is listed as a class A misdemeanor in § 1224(a)(1), but § 1224(b)(1) makes the first offense a class B misdemeanor.

3 Del. C. § 1224(a)(1), (b)(1)