reglab/housing_qa huggingface dataset:
16 DE Code § 4316. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 43. Soft Drinks and Nonalcoholic Beverages|§ 4316. Exemption of soda fountains.

§ 4316. Exemption of soda fountains. This chapter shall not apply to persons operating a soda fountain, if the soft drinks there manufactured are used on the premises. Code 1915, §  780K;  33 Del. Laws, c. 55, §  1;  Code 1935, §  850;  16 Del. C. 1953, §  4316;
16 DE Code § 4317. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 43. Soft Drinks and Nonalcoholic Beverages|§ 4317. Penalties.

§ 4317. Penalties. Whoever violates this chapter shall be fined not less than $50 nor more than $100. Code 1915, §  780M;  37 Del. Laws, c. 61, §  2;  Code 1935, §  852;  16 Del. C. 1953, §  4317;
16 DE Code § 4801A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48A. Substance Abuse Rehabili- Tation, Treatment, Education and Prevention Fund|§ 4801A. Fund created.

§ 4801A. Fund created. The General Assembly, in order to help provide funding for substance abuse rehabilitation, treatment coordination, prevention and education, hereby creates a special “Substance Abuse Rehabilitation, Treatment Coordination, Prevention and Education Fund.” 67 Del. Laws, c. 210, §  1;  68 Del. Laws, c. 443, §§  2, 3;
16 DE Code § 4802A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48A. Substance Abuse Rehabili- Tation, Treatment, Education and Prevention Fund|§ 4802A. Source of funds.

§ 4802A. Source of funds. (a) In addition to and at the same time as any fine is assessed to any criminal defendant, or juvenile adjudicated delinquent for any violations of §§ 4751-4758, 4761 or 4771-4774 of this title or § 4177 of Title 21, there shall be levied an additional penalty, in addition to the penalty assessment as provided in § 9016 of Title 11, of 15% of every fine, penalty and forfeiture imposed and collected by the courts for such criminal offenses. When a fine, penalty or forfeiture is suspended in whole or in part, the penalty assessment shall not be suspended. (b) Upon collection of the penalty assessment, the same shall be paid over to the agency, Prothonotary or clerk of the court as the case may be, who shall collect it and transmit it to the State Treasurer to be deposited in a separate account designated “Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund.” 67 Del. Laws, c. 210, §  1;  68 Del. Laws, c. 443, §§  4, 5;  69 Del. Laws, c. 131, §  1;
16 DE Code § 4803A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48A. Substance Abuse Rehabili- Tation, Treatment, Education and Prevention Fund|§ 4803A. Use of fund.

§ 4803A. Use of fund. (a) The State Treasurer shall have the power to invest the assets of the Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund in a prudent manner. Any profits and interest from such investment shall remain in the Fund and become part of the principal thereof. (b) The funds raised by this chapter shall be used only for the provision of and coordination of substance abuse rehabilitation treatment, education and/or prevention services and shall be administered by the permanent treatment access committee of SENTAC; provided that any expenditures therefrom must be approved by the Delaware State Clearinghouse Committee. 67 Del. Laws, c. 210, §  1;  68 Del. Laws, c. 443, §§  5, 6;
16 DE Code § 4804A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48A. Substance Abuse Rehabili- Tation, Treatment, Education and Prevention Fund|§ 4804A. Annual reports.

§ 4804A. Annual reports. The State Treasurer shall transmit to the Governor, State Auditor and the General Assembly an annual report describing the status of this Fund. 67 Del. Laws, c. 210, §  1;
16 DE Code § 4801B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48B. Prescription Opioid Funds; Litigation Authority|§ 4801B. Findings and purpose.

§ 4801B. Findings and purpose. (a) It is the intent of the General Assembly that the Prescription Opioid Impact Fund be established under this chapter to fund prevention and treatment of opioid addiction. In establishing the Prescription Opioid Impact Fund, the General Assembly finds as follows:  (1) The Prescription Opioid Impact Fund is needed to prevent and respond to the dramatic increase in opioid addiction in this State. (2) The Prescription Opioid Impact Fund is needed to protect the public health, safety, and general welfare of the citizens of this State.  (3) In the 4 years prior to the creation of the Prescription Opioid Impact Fund, prescription opioids were dispensed to Delaware residents as follows:  a. In 2015, 870,017 prescriptions for 59,138,601 individual doses totaling 1,104,171,268 MMEs. b. In 2016, 831,005 prescriptions for 56,440,474 individual doses totaling 1,050,147,346 MMEs. c. In 2017, 750,944 prescriptions for 49,875,000 individual doses totaling 921,842,143 MMEs. d. In 2018, 750,691 prescriptions for 46,125,690 individual doses totaling 826,770,680 MMEs. (4) There is a direct connection in this State between the quantity and strength of opioids prescribed to citizens and the rates of opioid addiction and overdose deaths.  (5) There is a substantial nexus between the opioid manufacturers subject to the impact fee and the State, in part because only those manufacturers whose prescription opioids are dispensed in the State in amounts sufficient to meet the quarterly threshold in § 4804B(a) of this title are subject to the impact fee. (6) Opioid manufacturers receive revenues in connection with prescription opioids dispensed in in this State.  (7) The Prescription Opioid Impact Fund will pay for a share of the cost incurred by the State of opioid substance abuse treatment and prevention.  (8) The impact fee does not discriminate against interstate commerce, because both in-state and out-of-state opioid manufacturers are equally subject to its provisions. (9) The impact fee is fairly apportioned because it is based upon the volume of an opioid manufacturer's product dispensed within Delaware, with recognition that some manufacturers' products have different underlying costs and are sold at substantially different prices. (10) By paying a share of the cost of opioid addiction treatment and prevention, the opioid manufacturers receive assistance in promoting responsible product use and offset negative effect that these products have on Delaware residents.  (b) It is the intent of this chapter to ensure that adequate public funds are available to do all of the following:  (1) Prevent more individuals from becoming addicted to opioids. (2) Provide funding to defray expenses incurred by the Prescription Monitoring Program under this chapter. (3) Provide opioid addiction treatment to all Delawareans who have opioid addiction. (4) Fund emergency medical assistance to treat opioid overdoses.82 Del. Laws, c. 37, § 1;  83 Del. Laws, c. 243, § 6;
16 DE Code § 4803B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48B. Prescription Opioid Funds; Litigation Authority|§ 4803B. Prescription Opioid Impact Fund.

§ 4803B. Prescription Opioid Impact Fund. (a) A special fund known as the Prescription Opioid Impact Fund (“Impact Fund”) is established and the State Treasurer shall invest the Impact Fund consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer shall credit interest to the Impact Fund on a monthly basis consistent with the rate established by the Cash Management Policy Board. The Impact Fund shall be administered collectively with the Prescription Opioid Settlement Fund under § 5196B of this title. (b) The following moneys must be deposited in the Impact Fund:  (1) All impact fees collected by the State under § 4804B of this title. (2) [Repealed.] (3) Any other money appropriated or transferred to the Impact Fund by the General Assembly. (c) Money in the Impact Fund must be used for activities in 1 or more of the following categories:  (1) Opioid addiction prevention. (2) The following opioid addiction services:  a. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and recovery residences. b. Services relating to treating substance use disorder for the under-insured and uninsured. c. Emergency assistance relating to prescription opioids, including purchasing pharmaceuticals used to reverse the effect of an opioid overdose. d. Peer support programs. e. Services to address adverse social determinants of health which act as a barrier to recovery, including family support services. (3) The cost of administering this chapter, as follows:  a. No more than 15% of the money annually deposited into the Impact Fund may be used for administering this chapter including expenses incurred by the Prescription Monitoring Program under this chapter. b. Entering into contracts to implement this chapter, including contracts entered into by the Secretary of the Department of Health and Social Services or the Secretary of State for administration of this chapter. c. Costs incurred by the Attorney General to bring an action to enforce this chapter must be covered by the Impact Fund and are not subject to or included in the 15% cap on administrative expenses. (d) Money in the Impact Fund may not be used to supplant existing state or local government funding. (e) The Behavioral Health Consortium shall distribute the money in the Impact Fund based upon the recommendations of the Prescription Opioid Settlement Distribution Commission. (f) Money appropriated by the General Assembly to implement this chapter must be reimbursed from money received under this section. 82 Del. Laws, c. 37, § 1;  83 Del. Laws, c. 243, §§  3, 6;
16 DE Code § 4804B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48B. Prescription Opioid Funds; Litigation Authority|§ 4804B. Prescription opioid impact fee.

§ 4804B. Prescription opioid impact fee. (a) A manufacturer of a prescription opioid must pay a prescription opioid impact fee to the State if more than 100,000 MME of the manufacturer's prescription opioid products are dispensed in this State in a quarter. (b) The prescription opioid impact fee is calculated as follows:  (1) The impact fee is $0.01 per MME for a prescription opioid dispensed and reported in the PMP.  (2) The impact fee is $0.0025 per MME for a prescription opioid that is a generic substitution.  (c) The Secretary of State shall calculate the total amount of the impact fee on a quarterly basis using the information in the PMP. (d) The Secretary of State shall send an invoice to manufacturers of prescription opioids dispensed in this State for the impact fee due under this section quarterly, beginning after the close of the first full quarter after June 12, 2019. (e) Manufacturers of prescription opioids shall pay the impact fee 1 month after the date of an invoice. (f) When a manufacturer of prescription opioids fails to pay the impact fee within 1 month after the date of an invoice, the penalty is $100 a day or 10% of the impact fee due, whichever is greater. In addition, any unpaid impact fee bears interest at the rate of 1% a month. (g) A manufacturer who disputes the amount of an invoice sent under this chapter may request a hearing under § 4736 of this title. 82 Del. Laws, c. 37, § 1;  83 Del. Laws, c. 243, § 6;
16 DE Code § 4805B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48B. Prescription Opioid Funds; Litigation Authority|§ 4805B. Enforcement.

§ 4805B. Enforcement. The Attorney General may bring an action on behalf of the State to enforce this chapter. The Attorney General may recover interest and reasonable attorney fees and expenses as a result of a successful action to enforce this chapter. Any attorney fees recovered in an action to enforce this chapter must be remitted to the Fund. 82 Del. Laws, c. 37, § 1;  83 Del. Laws, c. 243, § 6;
16 DE Code § 4806B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48B. Prescription Opioid Funds; Litigation Authority|§ 4806B. Policies and procedures.

§ 4806B. Policies and procedures. (a) The Secretary of the Department of Health and Social Services shall develop necessary policies and procedures and promulgate necessary regulations to implement § 4803B of this title. (b) The Secretary of State shall develop necessary policies and procedures and promulgate necessary regulations to implement § 4804B of this title. 82 Del. Laws, c. 37, § 1;  83 Del. Laws, c. 243, § 6;
16 DE Code § 4808B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48B. Prescription Opioid Funds; Litigation Authority|§ 4808B. Prescription Opioid Settlement Fund.

§ 4808B. Prescription Opioid Settlement Fund. (a) A special fund known as the Prescription Opioid Settlement Fund (Settlement Fund) is established and the State Treasurer shall invest moneys in the Settlement Fund consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer shall credit interest to the Settlement Fund on a monthly basis consistent with the rate established by the Cash Management Policy Board. The Settlement Fund shall be administered collectively with the Prescription Opioid Impact Fund under § 5196B of this title. (b) The Settlement Fund shall hold all moneys collected by the State and its subdivisions as a result of the terms of statewide opioid settlement agreements, judgments, or other recoveries in connection with a defendant's actual or alleged liability for contributing to the opioid crisis in Delaware that must be used for purposes of remediating or abating the opioid crisis in Delaware. (c) All money in the Settlement Fund is continuously available for expenditure under § 5196B of this title and spending limits imposed by the General Assembly, including for salaries and other routine operating expenses of the Settlement Fund or the Prescription Opioid Settlement Distribution Commission. (1) Annually, $300,000 or 5% of the total annually deposited into the Settlement Fund, whichever is greater, may be used for administering this chapter and §§ 5196 through 5196B of Title 16. (2) Money appropriated by the General Assembly to implement this chapter and §§ 5196 through § 5196B of Title 16 must be reimbursed from the Funds. (d) Money in the Settlement Fund must be used for activities in 1 or more of the following categories:  (1) For services that remediate the harm caused by opioids. (2) To reduce harm caused by opioids. (3) Consistent with the terms of the settlement, judgment, or other source of the moneys. (e) Money in the Settlement Fund may not be used to supplant existing state or local government funding. (f) Money in the Settlement Fund does not lapse at any time and must not be transferred to or commingled with any other fund. (g) The Behavioral Health Consortium shall distribute the money in the Settlement Fund based upon the recommendations of the Prescription Opioid Settlement Distribution Commission. 83 Del. Laws, c. 243, § 3;
16 DE Code § 4809B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 48B. Prescription Opioid Funds; Litigation Authority|§ 4809B. Limitation on authority of government entities to bring lawsuits.

§ 4809B. Limitation on authority of government entities to bring lawsuits. No government entity has the authority to assert released claims after February 28, 2021 against entities released by the Department of Justice in a statewide opioid settlement agreement executed by the Attorney General and the released party. 83 Del. Laws, c. 243, § 3;
16 DE Code § 4901. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49. Natural Food Substances|§ 4901. Manufacture, delivery, possession and use of laetrile.

§ 4901. Manufacture, delivery, possession and use of laetrile. The manufacture, delivery, possession and use of laetrile (amygdalin, Vitamin B-17) is lawful within the State. No person, however, shall manufacture, sell or deliver laetrile (amygdalin, Vitamin B-17) for purposes of transporting such substances to any other state, district or territory beyond the borders of Delaware. 61 Del. Laws, c. 90, §  2;
16 DE Code § 4902. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49. Natural Food Substances|§ 4902. Sale or distribution of laetrile; labeling requirement.

§ 4902. Sale or distribution of laetrile; labeling requirement. Laetrile (amygdalin, Vitamin B-17) may be distributed or sold by any person, and no special license or prescription shall be required for the sale or distribution of such substance. The label or other device affixed to a container containing laetrile (amygdalin, Vitamin B-17) shall include a statement that such substance has not yet been approved as a treatment or cure for cancer by the Food and Drug Administration of the United States Department of Health, Education and Welfare. 61 Del. Laws, c. 90, §  2;
16 DE Code § 4903. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49. Natural Food Substances|§ 4903. Duties of Department.

§ 4903. Duties of Department. The Department of Health and Social Services shall:  (1) Adopt regulations which prescribe minimum standards for manufacturers in preparing, compounding, processing or packaging laetrile (amygdalin, Vitamin B-17); (2) Conduct inspections of manufacturers of laetrile (amygdalin, Vitamin B-17); (3) Establish reasonable fees, to be collected from the manufacturer, for the purpose of paying the costs of the inspections.61 Del. Laws, c. 90, §  2;  70 Del. Laws, c. 149, §  197;
16 DE Code § 4904. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49. Natural Food Substances|§ 4904. Prescribing or administering of laetrile.

§ 4904. Prescribing or administering of laetrile. (a) No hospital nor health facility may interfere with the physician-patient relationship by restricting or forbidding the use of laetrile (amygdalin, Vitamin B-17) when prescribed or administered by a physician, surgeon, osteopath or other person engaged in the practice of medicine, as that term is defined in § 1702(11) of Title 24 and/or when requested by a patient, unless the substance as prescribed or administered by the physician or medical practitioner is found to be harmful by the Board of Medical Licensure and Discipline in a public hearing which complies with the Freedom of Information Act [Chapter 100 of Title 29]. (b) No physician, surgeon, osteopath or other person engaged in the practice of medicine, as that term is defined in § 1702(11) of Title 24 shall be subject to disciplinary action solely for the prescribing or administering of laetrile (amygdalin, Vitamin B-17) to a patient under the physician's, surgeon's, osteopath's or other person's care who has requested the substance. (c) Under this section laetrile shall not be considered a medical drug, but shall be considered a natural food substance. 61 Del. Laws, c. 90, §  2;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 141, §  2;  77 Del. Laws, c. 319, §  1;  80 Del. Laws, c. 80, §  2;  81 Del. Laws, c. 340, § 2;  82 Del. Laws, c. 75, § 3;  83 Del. Laws, c. 52, § 5;
16 DE Code § 4905. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49. Natural Food Substances|§ 4905. Distribution by pharmacists.

§ 4905. Distribution by pharmacists. A pharmacist shall not be subject to any penalty for filling a prescription for laetrile (amygdalin, Vitamin B-17) if the prescription is issued to a patient by a physician, surgeon, osteopath or other person engaged in the practice of medicine, as that term is defined in § 1702(11) of Title 24. 61 Del. Laws, c. 90, §  2;  81 Del. Laws, c. 340, § 2;  82 Del. Laws, c. 75, § 3;  83 Del. Laws, c. 52, § 5;
16 DE Code § 4904A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4904A. Limitations.

§ 4904A. Limitations. (a) This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct:  (1) Undertaking any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice; (2) Except as provided in subsection (b) of this section, possessing marijuana, or otherwise engaging in the medical use of marijuana:  a. In a school bus; b. On the grounds of any preschool or primary or secondary school; or c. In any correctional facility. d. In any health care or treatment facility operated by the Department or funded contractually through the Department. (3) Smoking marijuana:  a. In any form of transportation; or b. In any public place. (4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana. (5) Using marijuana if that person does not have a serious or debilitating medical condition. (6) Transferring marijuana to any person who is not allowed to possess marijuana under this chapter. (b) School exceptions. — Notwithstanding subsection (a) of this section, a designated caregiver registered pursuant to § 4908A of this title may possess for the purpose of administering, and may administer to a minor qualifying patient medical marijuana oil in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled. The designated caregiver shall not be a school nurse or other school employee hired or contracted by a school unless he or she is a parent or legal guardian of the minor qualifying patient, and said parent or legal guardian possesses no more than the number of doses prescribed per day of medical marijuana oil which is kept at all times on their person. Provided further, this exception shall only apply within the physical boundaries of the State of Delaware. 78 Del. Laws, c. 23, §  1;  80 Del. Laws, c. 406, §  3;  80 Del. Laws, c. 422, §  1;
16 DE Code § 4905A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 49A. The Delaware Medical Marijuana Act|§ 4905A. Discrimination prohibited.

§ 4905A. Discrimination prohibited. (a) (1) No school or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations. (2) For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of marijuana under this chapter is considered the equivalent of the authorized use of any other medication used at the direction of a health-care practitioner and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care. (3) Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following:  a. The person's status as a cardholder; or b. A registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment. (b) A person otherwise entitled to custody of or visitation or parenting time with a minor shall not be denied such a right, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this chapter, unless the person's actions in relation to marijuana were such that they created an unreasonable danger to the safety of the minor as established by clear and convincing evidence. (c) No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder. 78 Del. Laws, c. 23, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 48, § 4;