reglab/housing_qa huggingface dataset:
16 DE Code § 3303. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3303. Adulteration of drugs.

§ 3303. Adulteration of drugs. A drug is deemed to be adulterated:  (1) If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation. No drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this subdivision if the standard of strength, quality or purity is plainly stated upon the bottle, box or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary. (2) If its strength or purity falls above or below the professed quality under which it is sold. (3) If it violates the definition of adulteration as stated in the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.].32 Del. Laws, c. 190, §  3;  Code 1935, §  3995;  16 Del. C. 1953, §  3303;  63 Del. Laws, c. 83, §§  1, 2;
16 DE Code § 3304. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3304. Adulteration of food other than confectionery.

§ 3304. Adulteration of food other than confectionery. Food is deemed to be adulterated:  (1) If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength; (2) If any substance has been substituted wholly or in part for the article of food; (3) If any valuable constituent of the article of food has been wholly or in part abstracted; (4) If it is mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed; (5) If it contains any added poisonous or other added deleterious ingredient which may render the article of food injurious to health. When in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically or by maceration in water, or otherwise, and directions for the removal of the preservative are printed on the covering or the package, this chapter shall be construed as applying only when the products are ready for consumption; (6) If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a deceased animal or one that has died otherwise than by slaughter.32 Del. Laws, c. 190, §  3;  Code 1935, §  3995;  16 Del. C. 1953, §  3304;
16 DE Code § 3305. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3305. Adulteration of confectionery.

§ 3305. Adulteration of confectionery. Confectionery is deemed to be adulterated if it contains terra alba, barytes, talc, chrome yellow or other mineral substance or poisonous color or flavor or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug. 32 Del. Laws, c. 190, §  3;  Code 1935, §  3995;  16 Del. C. 1953, §  3305;
16 DE Code § 3306. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3306. Destruction of adulterated candy.

§ 3306. Destruction of adulterated candy. Adulterated candy shall be forfeited and destroyed under the direction of the Attorney General. 21 Del. Laws, c. 267;  Code 1915, §  3513;  Code 1935, §  3996;  16 Del. C. 1953, §  3306;
16 DE Code § 3307. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3307. Definition of misbranded.

§ 3307. Definition of misbranded. The term “misbranded,” as used in this chapter, applies to all drugs or articles of food, or articles which enter into the composition of food, the package or label of which bears any statement, design or device regarding such article or the ingredients or substances contained therein which is false or misleading in any particular, and to any food or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced. 32 Del. Laws, c. 190, §  4;  Code 1935, §  3997;  16 Del. C. 1953, §  3307;
16 DE Code § 3308. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3308. Misbranding of drugs.

§ 3308. Misbranding of drugs. For the purposes of this chapter, a drug is deemed to be misbranded:  (1) If it is an imitation of or offered for sale under the name of another drug; (2) If the contents of the package as originally put up were removed, in whole or in part, and other contents were placed in such package or if the package fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances contained therein; (3) If its package or label bears any statement, design or device regarding such article, or the ingredients or substances contained therein which is false or misleading in any particular way; (4) If it is included in the definition of misbranding in the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.].32 Del. Laws, c. 190, §  4;  Code 1935, §  3997;  16 Del. C. 1953, §  3308;  63 Del. Laws, c. 83, §§  3, 4;
16 DE Code § 3309. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3309. Misbranding of food.

§ 3309. Misbranding of food. For the purposes of this chapter, food is deemed to be misbranded:  (1) If it is an imitation of or offered for sale under the distinctive name of another food; (2) If it is labeled or branded so as to deceive or mislead the purchaser or purports to be a foreign product when not so or if the contents of the package as originally put up were removed in whole or in part and other contents were placed in such package or if it fails to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any of such substances contained therein; (3) If in package form, the quantity of the contents is not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count; (4) If the package containing it or its label bears any statement, design or device regarding the ingredients or the substances contained therein, which statement, design or device is false or misleading in any particular; (5) If it is obtained by the dealer in frozen bulk form and is subsequently thawed and offered for sale in a package or bearing a label indicating such food to be fresh.32 Del. Laws, c. 190, §  4;  Code 1935, §  3997;  16 Del. C. 1953, §  3309;  56 Del. Laws, c. 37.;
16 DE Code § 3310. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3310. Exceptions to adulteration or misbranding of food.

§ 3310. Exceptions to adulteration or misbranding of food. An article of food which does not contain any added poisonous or deleterious ingredients is not deemed to be adulterated or misbranded in the following cases:  (1) In the case of mixtures or compounds known as articles of food under their own distinctive names and not an imitation of or offered for sale under the distinctive name of another article, if the name is accompanied on the same label or brand with a statement of the place where the article was manufactured or produced; (2) In the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends and the word “compound,” “imitation” or “blend,” as the case may be, is plainly stated on the package in which it is offered for sale. The term “blend” as used in this subdivision shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only. Nothing in this chapter shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except insofar as the provisions of this chapter require in order to secure freedom from adulteration or misbranding.32 Del. Laws, c. 190, §  4;  Code 1935, §  3997;  16 Del. C. 1953, §  3310;
16 DE Code § 3311. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3311. Guaranty from seller saving dealer from prosecution.

§ 3311. Guaranty from seller saving dealer from prosecution. No dealer shall be prosecuted under this chapter when the dealer can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States from whom the dealer purchases such articles to the effect that the same is not adulterated or misbranded within the meaning of this chapter. The guaranty, to afford protection, shall contain the name and address of the party making the sale of such articles to such dealer and, in such case, the party shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under this chapter. 32 Del. Laws, c. 190, §  5;  Code 1935, §  3998;  16 Del. C. 1953, §  3311;  70 Del. Laws, c. 186, §  1;
16 DE Code § 3312. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3312. Penalties for violating §§ 3302-3311.

§ 3312. Penalties for violating §§ 3302-3311. (a) Whoever violates §§ 3302-3311 of this title shall, for each offense, be fined not more than $500 or imprisoned not more than 1 year, or both. For each subsequent offense the violator shall be fined not more than $1,000 or imprisoned for 1 year, or both. (b) When construing and enforcing this chapter, the act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association, within the scope of that person's own employment or office, shall in every case be also deemed to be the act, omission or failure of such corporation, company, society or association as well as that of the person. 24 Del. Laws, c. 160, §  10;  Code 1915, §  3523;  32 Del. Laws, c. 190, §  6;  Code 1935, §  3999;  16 Del. C. 1953, §  3312;  70 Del. Laws, c. 186, §  1;
16 DE Code § 3313. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3313. Excepting articles sold under federal laws.

§ 3313. Excepting articles sold under federal laws. This chapter shall not apply to articles of food or to mixtures or compounds of foods offered for sale in this State when prepared, labeled, branded or inspected in compliance with the federal laws and department regulations established thereunder. 24 Del. Laws, c. 160, §  4;  Code 1915, §  3517;  Code 1935, §  4000;  16 Del. C. 1953, §  3313;
16 DE Code § 3314. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3314. Other exceptions.

§ 3314. Other exceptions. An offense is not deemed to be committed under this chapter, in the following cases:  (1) Where the order calls for an article of food or drug inferior to the standard required under this chapter and the difference is made known at the time; (2) Where the article of food or drug is mixed with any matter or ingredient not injurious to health and not intended fraudulently to increase its bulk, weight or measure or conceal its inferior quality, if at the time such article is delivered to the purchaser it is made known to the purchaser that the article of food or drug is so mixed.24 Del. Laws, c. 160, §  5;  Code 1915, §  3518;  Code 1935, §  4001;  16 Del. C. 1953, §  3314;  70 Del. Laws, c. 186, §  1;
16 DE Code § 3315. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3315. Enforcement agencies; rules and regulations.

§ 3315. Enforcement agencies; rules and regulations. (a) The Department of Health and Social Services shall enforce all the provisions of this chapter and shall promulgate rules and regulations to carry out the same so far as they relate to foods. The State Board of Pharmacy shall enforce all the provisions of this chapter and shall promulgate rules and regulations for carrying out the same so far as they relate to drugs, including proper methods for handling volatile and variable drugs. (b) Such rules shall provide for the examination and analysis of specimens and shall give the party from whom a specimen is obtained opportunity to verify any findings and to be heard before prosecution. The rules and regulations officially prescribed for the enforcement of the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.], and acts amendatory thereof, so far as applicable, shall be adopted by the officials referred to in subsection (a) of this section for the enforcement of this chapter. No rule or regulation shall be promulgated under subsection (a) of this section which is in conflict with Chapter 49 of this title. 24 Del. Laws, c. 160, §  7;  Code 1915, §  3520;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 69, §  1;  Code 1935, §  4002;  16 Del. C. 1953, §  3315;  61 Del. Laws, c. 90, §  3;  70 Del. Laws, c. 149, §§  149, 150;
16 DE Code § 3316. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3316. Expenses of enforcement.

§ 3316. Expenses of enforcement. The expenses incurred by all officials in performing the duties imposed by §§ 3302-3317 of this title, including reasonable compensation for services rendered, shall be paid by requisition upon the State Treasurer, when approved by the Governor, out of the funds in hand not otherwise appropriated. 24 Del. Laws, c. 160, §  9;  Code 1915, §  3522;  Code 1935, §  4003;  16 Del. C. 1953, §  3316;
16 DE Code § 3317. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3317. Treatment of meats with unhealthful drugs and preparations.

§ 3317. Treatment of meats with unhealthful drugs and preparations. No person shall sell or offer to sell by that person's own self, or by that person's servants or agents, or as the servant or agent of any other person, any meat or flesh of any animal used for food after the same has been butchered which contains any drug or preparation of whatever kind or nature, deleterious or detrimental to the health of persons who may eat the same, or which has been treated with, either externally or internally, or to which has been applied in any manner, any drug or preparation of whatsoever kind or nature, deleterious or detrimental to the health of persons who may eat the same, whether for the purpose of preserving meat or flesh used for food or for any other purpose. 23 Del. Laws, c. 212, §  1;  Code 1915, §  3524;  Code 1935, §  4004;  16 Del. C. 1953, §  3317;  70 Del. Laws, c. 186, §  1;
16 DE Code § 3319. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3319. Penalties for violations of § 3317.

§ 3319. Penalties for violations of § 3317. (a) Whoever violates § 3317 of this title shall be fined not less than $50 nor more than $100, or imprisoned not more than 3 months, and pay the costs of prosecution, among which shall be taxed the costs of the justice of the peace, the costs and actual expenses endorsed upon the warrant and the charge of the State Chemist, whose charge shall not in any case exceed the sum of $10. (b) In case of failure to convict the charge of the State Chemist, the costs of the justice of the peace and the costs and actual expenses endorsed upon the warrant shall be paid by the county in which the prosecution is conducted. The amount of money to be paid by any county shall not exceed in any 1 year the sum of $200. 23 Del. Laws, c. 212, §  3;  Code 1915, §  3526;  Code 1935, §  4006;  16 Del. C. 1953, §  3319;
16 DE Code § 3320. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3320. Oleomargarine; manufacture, sale, marking and advertising.

§ 3320. Oleomargarine; manufacture, sale, marking and advertising. (a) Subject to subsection (b) and (c) of this section, no person, by that person's own self or that person's agents or servants, shall render or manufacture, sell, offer for sale, expose for sale or have in that person's possession with intent to sell, any article, product or compound made wholly or partly out of any fat, oil or oleaginous substance, or compound thereof, not produced from unadulterated milk or cream from the same, which shall be in imitation of yellow butter produced from pure unadulterated milk, or cream from the same. (b) Nothing contained in subsection (a) of this section or in § 3321 or § 3322 of this title shall be construed to prohibit the manufacture or sale of oleomargarine, whether yellow or white, in a separate and distinct form in such manner as will advise the consumer of its real character. No oleomargarine shall be sold in open tubs or containers. Every retail dealer in oleomargarine shall exhibit, in conjunction with any display of packaged oleomargarine being offered for sale, a placard with the word “oleomargarine” in plain uncondensed gothic letters not less than 1 inch high. No package of oleomargarine shall contain the word “butter” or any imitation or simulation thereof or any picture or reproduction of a cow or any name or simulation of the name of any dairy breed of cattle or any name or term normally used in the dairy industry. No owner or proprietor of any public eating place shall serve yellow oleomargarine unless a notice that oleomargarine is served is displayed prominently on the menu or on a placard in clear view of all customers. (c) As used in this section the term “oleomargarine” shall be deemed applicable to the food product known as “margarine” and any requirement contained in this section for labeling or display of the word “oleomargarine” shall be deemed sufficiently complied with by the use of the word “margarine.” 20 Del. Laws, c. 209, §  1;  22 Del. Laws, c. 161, §  1;  Code 1915, §  3527;  33 Del. Laws, c. 216;  Code 1935, §  4007;  48 Del. Laws, c. 14, §  1;  16 Del. C. 1953, §  3320;  70 Del. Laws, c. 186, §  1;
16 DE Code § 3322. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3322. Penalties for violations of § 3320.

§ 3322. Penalties for violations of § 3320. (a) Whoever violates § 3320 of this title shall be fined not less than $50 nor more than $250, or imprisoned not more than 1 year, and pay the costs of prosecution, among which shall be taxed the costs of the justice of the peace, the costs and actual expenses endorsed upon the warrant and the charge of the State Chemist, whose charge shall not in any 1 case exceed the sum of $20. (b) In case of failure to convict, the charge of the State Chemist, the costs of the justice of the peace and the costs and actual expenses endorsed upon the warrant shall be paid by the county in which the prosecution is conducted. The amount of money to be paid by any county shall not exceed in any year the sum of $200. 20 Del. Laws, c. 209, §  3;  Code 1915, §  3529;  Code 1935, §  4009;  16 Del. C. 1953, §  3322;
16 DE Code § 3324. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 33. Pure Food and Drugs|§ 3324. Penalties for violations of § 3323.

§ 3324. Penalties for violations of § 3323. (a) Whoever violates any of the provisions of § 3323 of this title shall, for each offense, be fined not more than $500, or imprisoned not more than 1 year, or both. For each subsequent offense, the violator shall be fined not more than $1,000 or imprisoned for more than 1 year, or both. (b) When construing and enforcing § 3323 of this title, the act, admission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association, within the scope of employment or office, shall in every case be deemed to be the act, admission or failure of such corporation, company, society or association as well as of that person. 63 Del. Laws, c. 148, §  2;  70 Del. Laws, c. 186, §  1;
16 DE Code § 3401. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 34. Certified Food Protection Manager Program|§ 3401. Certified food protection manager program exemption.

§ 3401. Certified food protection manager program exemption. (a) Any certified food protection manager program adopted by the Department under the Department's regulatory authority, as provided in § 122(3)u.1. of this title, must include an exemption for charitable and fraternal organizations that are very low risk. Charitable and fraternal organizations that are ineligible for an exemption under this chapter may request an individual variance in accordance with regulations adopted by the Department. Charitable and fraternal organizations that are high risk are ineligible for an exemption or variance under this chapter. (b) For purposes of this chapter:  (1) “Certified food protection manager program” includes a program under § 2-102.12 of the Delaware Food Code, 16 DE Admin. Code §  4458, or any similar program. (2) “Charitable and fraternal organization” means a person established for 1 or more of the following purposes:  a. For any benevolent, educational, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, philanthropic, or religious purpose. b. For the benefit of law-enforcement officers, firefighters, basic or advanced life support service providers, or other persons who protect public safety. c. For the benefit of a ladies auxiliary organization that supports any purpose under paragraph (b)(2)b. of this section. d. For any other purpose which enables the organization to qualify for tax-exempt status under § 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)), as amended. (3) “Very low risk” means serving food to the public on 52 occasions or fewer per year or serving no food to the public that is time or temperature controlled for safety.80 Del. Laws, c. 191, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 3501. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 35. Canneries and Other Food Processing Establishments|§ 3501. Supervision of canneries.

§ 3501. Supervision of canneries. This chapter, relating to the sanitation of factories or establishments within this State in which fruits, vegetables or by-products thereof are packed and preserved in tin or glass cans or jars or other containers to be sold as food, shall be implemented by and under the supervision of the Department of Health and Social Services. 28 Del. Laws, c. 228, §  1;  Code 1935, §  4075;  16 Del. C. 1953, §  3501;  70 Del. Laws, c. 149, §  152;
16 DE Code § 3502. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 35. Canneries and Other Food Processing Establishments|§ 3502. Duties of inspection and enforcement.

§ 3502. Duties of inspection and enforcement. The Department of Health and Social Services shall inspect, at reasonable hours and as often as practicable, all factories and establishments in this State in which fruits, vegetables or by-products thereof are packed and preserved in tin or glass cans or jars or other containers to be sold as food, and shall enforce the correction of all unsanitary conditions and practices found therein. The Department of Health and Social Services shall enforce the laws, rules and regulations provided in this chapter. 28 Del. Laws, c. 228, §  3;  Code 1935, §  4077;  16 Del. C. 1953, §  3502;  70 Del. Laws, c. 149, §§  153, 154;