3 Del. Admin. Code § 804-6.0

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

Section 804-6.0 - Requirements for Movement of Regulated Articles Within or From a Quarantined Area

6.1 Individuals not conducting business, referred to as general members of the public, are not permitted to move Regulated Articles within or from the quarantine area without a checklist issued by the Department. Regulated Articles include any vehicle or conveyance. The valid signed checklist shall accompany the Regulated Articles. The checklist is available from the Department's website and is to be completed by the individual seeking to move Regulated Articles.

6.2 A permit is required for any Person conducting business requiring the movement of any Regulated Articles within or from the quarantine area.

6.2.1 The movement of Regulated Articles without a permit is prohibited. A person conducting business may not move any Regulated Articles within or from the quarantine area without a permit.

6.2.2 Permit Process and Requirements. A Person required to obtain a permit for movement of Regulated Articles within or from the quarantine area shall comply with the following:

6.2.2.1 Designated employees shall take training provided by the Department, University of Delaware Cooperative Extension, reciprocating state programs, or others, who have completed a Train the Trainer course approved by the Department. Designated employees shall have passed an examination, administered by an employee or agent of the Department, demonstrating they have an understanding and knowledge of the pest and of the procedures necessary to prevent the spread of the pest.

6.2.2.2 Upon successful completion of the training and passing the required test, the designated employee shall be responsible for training other employees of that entity and documenting such training. Multiple employees in a business may take the training and examination if the business deems that necessary to build sufficient training capacity within their organization.

6.2.2.3 In conjunction with taking the examination, the designated employee shall record, preserve, maintain and provide to the Department as needed, at a minimum, the following information:

6.2.2.3.1 The name, telephone number, and e-mail address of the designated employee taking the required test.

6.2.2.3.2 The legal name, address, business telephone number, and e-mail address of the business location or locations operating within the quarantine.

6.2.2.3.3 The number of vehicles and conveyances utilized.

6.2.2.3.4 An attestation that the permit holder shall comply with all requirements of this regulation.

6.2.2.4 Any employee responsible for driving any vehicle or conveyance, or handling, shipping, packaging or loading any Regulated Articles shall be trained by a designated employee who has taken the training, and passed the exam.

6.2.2.5 All Regulated Articles, including conveyances and vehicles, shall be inspected and all egg masses and other life stages of the Spotted Lanternfly shall be removed and destroyed prior to movement within or out of the quarantine area. A record of such inspection shall be kept and recorded.

6.2.2.6 Regulated Articles, other than the vehicles and conveyances themselves, shall be packaged and safeguarded sufficiently, such as within a closed container, shrink wrap, tight tarp or similar covering, to maintain isolation from the environment during storage or transportation.

6.2.2.7 Any stage of living life cycle of the insect, Spotted Lanternfly, found during any inspection shall remain within the quarantine area, be placed in a separate area away from other Regulated Articles, and shall be processed, treated, burned, or buried, in accordance with all federal, state or local laws. Final disposal of Regulated Articles shall be in a manner that does not leave material that may be infected or allow movement of the Spotted Lanternfly.

6.2.2.8 The Department may request in writing, additional information from the permit holder, for the purpose of evaluating the potential risk to the State.

3 Del. Admin. Code § 804-6.0

22 DE Reg. 850 (4/1/2019) (final)