Section 1. Amend § 1203, Title 3 of the Delaware Code, by redesignating subsection (i) thereof as subsection (j) and by inserting therein a new subsection as follows:

“(i) The Department shall establish and maintain a list pursuant to Subchapter VIII of this Chapter, to be known as the Pesticide Hypersensitivity Registry, and shall require all private and commercial applicators to notify individuals listed on the registry pursuant to that subchapter.”

Section 2. Amend Chapter 12, Title 3 of the Delaware Code, by inserting therein a new Subchapter as follows:

“Subchapter VIII. Pesticide Hypersensitivity Registry.

“§ 1251. Pesticide Hypersensitivity Registry.

(a) The Department will maintain a list of individuals who have been verified as being hypersensitive to pesticides. The list will be referred to as the Pesticide Hypersensitivity Registry.

(b) A pesticide-hypersensitive individual who wants to be on the registry shall solely responsible for providing to the Department, on a form established by the Department, the following information:

(1) His or her name and primary residence including street address, city, state, zip code, county, daytime telephone number and nighttime telephone number;

(2) An alternate telephone number where notification information can be conveyed;

(3) Secondary locations, addresses, and associated telephone numbers to be maintained as part of his or her listing;

(4) A medical verification of pesticide hypersensitivity, signed by a physician licensed to practice medicine in the State of Delaware; and

(5) A medical release permitting the Department to publish their registry information and to place it in full public view through printed and electronic media.

(c) The Department may charge a registration fee to individuals seeking to be listed on the registry for the first time necessary to defer the administrative expenses associated with publishing the registry.

(d) An individual shall remain on the registry for 5 calendar years from the date on which the individual is first listed on the registry. The Department shall notify an individual listed on the registry that he or she will be removed from the registry no later than 90 days prior to the date on which the individual is scheduled to be removed from the registry and with such notification shall provide the individual with a form to renew his or her listing on the registry. To remain on the registry, the individual shall notify Department of his or her desire to remain on the registry using the renewal form sent by the Department pursuant to this subsection. Neither medical verification nor an administrative fee shall be required for this renewal.

(e) The Department shall make the current registry available to each licensed commercial and public pesticide application business on or before the dates of March 1 and September 1 of each year. An individual submitting a request to be listed in the registry on or after January 1 of a given year, but before July 1 of that year, shall be listed in the registry published on September 1 of that year and for 5 years thereafter pursuant to this section. An individual submitting a request to be listed in the registry on or after July 1 of a given year, but before January 1 of the following year, shall be listed in the registry published on March 1 of the following and for 5 years thereafter pursuant to this section. An individual will not be considered officially included on the registry unless his name appears on the most recently published registry.

§ 1252. Notification of hypersensitive individuals.

(a) General. Prior to a pesticide application being made by a commercial or public pesticide application business the following conditions shall be met:

(1) Each individual listed on the current registry, whose property line is within 500 feet of the application site, shall be notified of the pesticide application. For the purposes of this paragraph, ‘property line’ includes the property lines of the individual’s primary residence as well as the property lines of any secondary location that the individual has listed.

(2) Notification shall consist of providing the following information to the individual on the registry:

(i) Date, location (application site), earliest possible start time and latest possible finish time of application. The range between start and finish times may be no greater than 24 hours.

(ii) Brand name, EPA number and active ingredient common name (if on the label) of the pesticide products which may be used.

(iii) The name, telephone number and pesticide business license number of the pesticide application business.

(iv) A copy of the label for every pesticide used within 10 days of a request.

(3) Notification shall be made between 24 hours and 72 hours prior to the pesticide application.

(4) Notification shall be made by telephone, personal contact or certified mail.

(i) Notification requirements are met if the information is placed on a telephone answering device activated by calling the registrant’s telephone number, or if the information is given to an adult contacted by dialing the registrant’s daytime, nighttime or alternate telephone number.

(ii) If notification cannot be made after at least two telephone contact attempts, notification may be made by placing the written notification information on the front door of the listed residence or location.

(iii) A record shall be kept of every telephone contact and contact attempt made under this paragraph.

(b) Exceptions. The following types of application do not require notification under this section:

(1) An application of a pesticide within a single family residential detached structure.

(2) An application of a pesticide directly below the soil surface.

(3) An application of a pesticide in a tamper-resistant bait station.

(4) An application of a pesticide to a tree by means of injection. Prior notification requirements remain applicable for pesticides applied to ornamental or turf grasses by means of injection.

(5) An application of a disinfectant or sanitizer.

(c) Recordkeeping. A record of the notification information required under this section, including the time and method of notification, shall be maintained for at least 3 years and shall be made immediately available to the Department upon request or to medical personnel in an emergency.”

SPONSOR:	Rep. Boulden & Sen. Bunting &
	Sen. Sorenson; Reps. Buckworth, Cathcart, DiPinto, D. Ennis, Maier