(a) Any person(s) who has in their possession plants, plant materials or nursery stock infested or infected with dangerously injurious plant pests possesses a public nuisance.
(b) Upon discovery or notification of such nuisance the Department shall place a hold order on the aforementioned material. While under such a hold order it is an illegal action to sell, ship, transport, give away, destroy, or otherwise move, alter or tamper with the aforementioned plants.
(c) If the Secretary determines that the provisions of this chapter have been violated, he or she shall order and direct that the nuisance be abated by whatever means necessary (including, but not limited to, destruction, confiscation, treatment or return shipment). The abatement of this public nuisance shall be at the expense of all of the aforementioned person(s) and shall be without any form of compensation.
Structure Delaware Code
Chapter 13. NURSERIES AND NURSERY STOCK
§ 1302. Nursery industry licensing requirements.
§ 1303. Inspection of nurseries and businesses, nursery stock certification.
§ 1304. Plant pest infestations.
§ 1305. Shipping, labeling and certification requirements.
§ 1306. Shipment of nursery stock into state; labeling and certification.
§ 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department.
§ 1308. Labeling and advertising of nursery stock.