3 Del. Admin. Code § 601-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 601-4.0 - Registration

4.1 Product Registration

4.1.1 Every pesticide which is distributed within the State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be registered with the Secretary subject to the provisions of this law. Registration is not required if a pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part of a pesticide which is registered under the provision of an experimental use permit issued by the Federal U.S. Environmental Protection Agency.

4.1.2 An applicant for registration for a pesticide which is federally registered shall file a statement with the Secretary which shall include:

4.1.2.1 The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's.

4.1.2.2 The name of the pesticide.

4.1.2.3 Other necessary information required for completion of the Department's application for registration form.

4.1.2.4 A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use.

4.1.2.5 The use classification as provided in the "Federal Insecticide, Fungicide and Rodenticide Act", as amended.

4.1.2.6 The EPA product registration number.

4.1.3 The applicant desiring to register a pesticide shall pay a biennial registration fee of $140 to the Delaware Department of Agriculture for each brand or grade of pesticide to be registered for the applicant. All registrations shall continue in effect until June 30 of the year in which they expire. Applications received between January 1 and June 30 shall be registered for the upcoming 2-year period. Applications received between July 1 and December 31 will be registered for a 2-year period beginning July 1 of the year in which the application was received.

4.1.4 Any registration approved by the Secretary and in effect on June 30, for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until suspended, or otherwise denied in accordance with the provisions of Section 1205 of the LAW. Forms for registration shall be mailed to registrants at least 45 days prior to the due date.

4.1.5 If it appears to the Secretary that the composition of the pesticide is such as to warrant the proposed claims for it and if the pesticide and its labeling and other material required to be submitted comply with the requirements of this regulation the Secretary shall register the pesticide.

4.1.6 Pesticide products that are discontinued by a registrant shall be registered for a period of 2 years. The 2-year limit covers the year in which the item is declared to be discontinued by the registrant and an additional year to permit time to dispose of shelf stock. Should the registrant provide the Department with written notification that shelf stocks of the product are depleted, the products shall be exempt from the 2-year continued registration period.

4.2 Employee Registration

4.2.1 Licensees shall register with the Department all employees who handle pesticides. Registration shall be made when making an application for a license or within 45 days after employment. The fee for registering an employee shall be $25. However, the employee registration fee shall be waived if the employee is certified under the LAW.

4.2.2 Licensees shall be responsible for ensuring that all employees handling pesticides (other than a certified applicator) have successfully completed a training program approved by the Department. This training shall be completed within 45 days of employment and before the employees are registered with the Department. Noncertified applicators shall not apply restricted use pesticides (RUPs). Training for each employee must be updated and submitted every 12 months.

4.2.2.1 The Department will not approve any training program that does not include subjects required by 40 CFR 171.201(d)(3) and the following subjects:

4.2.2.1.1 Pesticide Law and Regulations;

4.2.2.1.2 Label comprehension;

4.2.2.1.3 Safety and emergency procedures;

4.2.2.1.4 Proper pesticide handling, storage and disposal;

4.2.2.1.5 Pest identification and control procedures;

4.2.2.1.6 Pesticide application techniques;

4.2.2.1.7 Environmental and health concerns; and

4.2.2.1.8 Integrated pest management principles

4.2.2.2 Upon request by the Department, each licensee shall provide written verification that an employee has completed an approved training program.

4.2.3 The name and address of employees who have been trained according to this Section shall be provided to the Department by the licensee. The Department shall issue a registration card bearing the employee's name and the licensee's name, address and license number. The employee registration shall become null and void upon termination of employment with the licensee. This card is to be carried by the employee during working hours and is to be displayed upon request.

4.2.4 The licensee shall provide the Department written notification of a registered employee's employment termination within 45 days of the effective date of termination.

4.2.5 The Department, after due notice, and opportunity for a hearing may deny, suspend or revoke an employee registration, if the Department finds the registered employee has committed any violations of the LAW.

4.2.6 The Department, after due notice and opportunity for a hearing, may deny an application for employee registration, if the applicant has committed any violations under the LAW.

3 Del. Admin. Code § 601-4.0

3 DE Reg. 1693 (06/01/00)
7 DE Reg. 1674 (06/01/04)
17 DE Reg. 723 (1/1/2014)
18 DE Reg. 960 (6/1/2015)
26 DE Reg. 1050 (6/1/2023) (Final)