Definitions.

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As used in this chapter:

(1) “Complainant” means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons, who possesses or has use of the land onto which the nuisance plant spreads or will spread unless controlled.

(2) “Control” means to maintain a nuisance plant within the property boundaries of a landowner who has planted it or allowed it to remain.

(3) “Cultivate” means to knowingly plant, propagate, transplant, or encourage to grow.

(4) “Landowner” means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons who owns or has the right to possess and use land on which a nuisance plant is growing.

(5) “Nuisance Plant List” means the official list of nuisance plants designated as such by the Secretary of the Delaware Department of Agriculture with the advice of the Nuisance Plant Committee. The Secretary may make the alterations to the Nuisance Plant List after providing 60 days written notice of the proposed alterations to the Nuisance Plant Committee. The Secretary may make alterations to the Nuisance Plant List immediately if the Nuisance Plant Committee meets before the 60-day period elapses and approves the alterations by a majority vote.

(6) “Person” means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons, and every officer, agent, or employee thereof.

(7) “Secretary” means the Secretary of the Delaware Department of Agriculture.


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