Delaware Code
Subchapter II. Regulation of Sale and Use of Pesticides and Devices
§ 1204. Registration of pesticides which do not have E.P.A. registration for intended use.

(a) This section shall become effective upon certification of the State by the Administrator of E.P.A. pursuant to § 24(c) of FIFRA [7 U.S.C. § 136v].
(b) Every pesticide which does not have E.P.A. registration for the use intended and which is formulated for distribution and use within this State shall be duly registered with the Department in accordance with this section.
(c) Any application for the registration of a pesticide under this section shall be filed with the Department and include the information set forth pursuant to the regulations adopted under § 1203 of this title. The Department may register such pesticide if it determines that:

(1) Its composition is such as to warrant the proposed claim for it;
(2) Its labeling and other material required to be submitted comply with the requirements of this chapter;
(3) It will perform its intended function without unreasonable adverse effects on the environment;
(4) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects upon the environment;
(5) The classification for general or restricted use is in conformity with § 3(d) of FIFRA [7 U.S.C. § 136a(d)]; and provided, that the Department shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where 2 pesticides meet the requirements of this paragraph, 1 should not be registered in preference to the other; or
(6) Special local needs exist.

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