(a) No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment any plant pest or biological control agent without a U.S. Department of Agriculture — Animal and Plant Health Inspection Service — Plant Protection and Quarantine — Application and Permit to Move Live Plant Pests and Noxious Weeds, PPQ Form 526, supplements thereto, or any publication revising or superseding the aforementioned, or its State equivalent. Permits may be issued only after the Department determines that the proposed shipment or use will not create a hazard to the agricultural, forest or horticultural interests of this State or the State’s general environmental quality. The permit shall be affixed conspicuously and on the exterior of each shipping container, box, package, etc. or accompany each shipping container, box, package, etc. as the Department directs.
(b) The Department shall regulate and control the sale and use of biological control agents, as defined in this chapter, to assure their safety and effectiveness in the control of injurious plant pests and to prevent the introduction or use of biological control agents which may be injurious to persons, property, useful plant or animal life, nontarget species, agriculture, forest lands, horticultural interests or the State’s general environmental quality.
(c) Any person(s) who ships plant pests or biological control agents without the knowledge of the Department performs an illegal act and shall be liable for the imposition of a civil penalty as prescribed in this chapter.
70 Del. Laws, c. 325, § 1; 72 Del. Laws, c. 375, § 1.
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