(a) The Department may, after due notice, including notice to the registrant and opportunity for a hearing, revoke the registration of a pesticide registered pursuant to this chapter if the pesticide or its labeling does not comply with the requirements of this chapter or the regulations promulgated by the Department, or to prevent unreasonable adverse effects on the environment. A person affected by such revocation may request a hearing before the Department. A hearing shall be held within 30 days after request. Within 30 days after the hearing, the Department shall affirm, withdraw or modify its action by an order based upon the record of the hearing. An appeal from that order may be taken to the Superior Court within 30 days of the date of the order.
(b) The Department may suspend the registration of any pesticide pending the completion of revocation proceedings if the continued use of a pesticide during the time required for revocation proceedings would be likely to result in unreasonable adverse effects on the environment. A revocation order shall be issued with the suspension order so that the hearing procedure may be initiated as provided in cases of revocation of registration. If no request for a hearing is made within 30 days of the suspension order, the revocation order will be effective and the registration is revoked.
Structure Delaware Code
Subchapter II. Regulation of Sale and Use of Pesticides and Devices
§ 1203. Regulation; duties and powers of Department.
§ 1204. Registration of pesticides which do not have E.P.A. registration for intended use.
§ 1205. Revocation or suspension of registration.
§ 1206. Licensing — Required; classification.
§ 1208. Same — Denial of license.
§ 1209. Same — Suspension; modification; revocation.
§ 1210. Same — Renewal of license.
§ 1212. Registration of noncertified individuals; fee.