2025 Delaware Code
Title 3 - Agriculture
Chapter 13. NURSERIES AND NURSERY STOCK
§ 1304. Plant pest infestations.

(a) Any person that has in the person's 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, the Secretary shall order and direct that the nuisance be abated by whatever means necessary (including destruction, confiscation, treatment, or return shipment). The abatement of this public nuisance is at the expense of all of the aforementioned persons and shall be without any form of compensation.