3 Del. Admin. Code § 601-20.0 - Restricted Use Pesticide Dealer Permits

20.1 For the purposes of Section 20.0, the following definitions shall apply:

"Restricted use pesticide dealer" means any person who makes available for use any restricted use pesticide, or who offers to make available for use any pesticide. The term excludes any person who sells or distributes pesticides only as an integral part of an application service and when the pesticides are dispensed only through equipment used during a pesticide application.

"Make available for use" means to distribute, sell, ship, deliver for shipment, or receive, and (having so received) deliver, for use by any person. However, the term excludes transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail dealers, acting only in those capacities.

"Dealership" means any site owned or operated by a restricted use pesticide dealer where any restricted use pesticide is made available for use, or where the dealer offers to make available for use any restricted use pesticide.

20.2 Effective December 31, 1990, no person shall make available for use any restricted use pesticide unless that person has a valid Dealer Permit issued by the Department.

20.3 A separate Dealer Permit shall be required for each dealership owned or operated by the restricted use pesticide dealer.

20.4 Issuance of a Dealer Permit:

20.4.1 Application for a Dealer Permit shall be made in writing to the Department on a designated form obtained from the Department.

20.4.2 The Department shall issue a Dealer Permit to an applicant upon payment of a fee of $25 for a calendar year or any part of a calendar year.

20.4.3 All permits shall remain in full force and effect until December 31st of each year whereupon they shall become invalid unless renewed, except that a permit for which a renewal application has been submitted to the Department by November 30th shall remain in full force and effect until the Department gives written notice to the permit holder of renewal or denial.

20.5 A restricted use pesticide dealer is responsible for the acts of employees in the solicitation and sale of all pesticides and all claims and recommendations for the use of pesticides.

20.6 A dealer permit is not transferable.

20.7 The Department, in addition to any penalties authorized by the LAW, may deny, suspend, or revoke the application or permit of a restricted use pesticide dealer if the pesticide dealer has failed to comply with any provisions of the LAW or any rules and regulations promulgated thereunder.

Notes

3 Del. Admin. Code § 601-20.0

7 DE Reg. 1674 (06/01/04)
26 DE Reg. 1050 (6/1/2023) (Final)