(a) No person shall sell, collect, transport, distribute, propagate, or transplant any viable portion, including seeds, of a Class A nuisance plant without the prior written consent of the Secretary.
(b) (1) No person shall sell or distribute a Class B nuisance plant without labeling the plant or the container holding it with the following warning:
This plant has the capacity to spread and become a nuisance to neighboring property owners. For this reason, its sale or transfer is regulated by the Delaware Department of Agriculture under the Delaware Nuisance Plant Law. If it spreads from your property, you may be held financially accountable for its growth beyond boundaries of your property.
(2) No person who cultivates a Class B nuisance plant shall allow it to spread to neighboring properties.
(c) A violation of this section exposes the violator to an administrative penalty of no less than $50 and no more than $1000 per proven violation.
74 Del. Laws, c. 364, § 1.
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