reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 32. CANCER CONTROL ACT › § 3204. Cancer registry.

§ 3204. Cancer registry.
The Department shall adopt, promulgate, amend and repeal any rules and regulations that are consistent with law relative to this chapter and necessary to achieve the purpose and requirements of this chapter. These rules and regulations shall include provisions for:
(1) The establishment and maintenance of an up-to-date registry that shall document every occurrence of cancer and of benign tumor in this State;
(2) The establishment of a procedure for reporting to the Department, within 180 days of initial diagnosis or treatment, every occurrence of cancer and of benign tumor in this State. Such procedure shall include the reporting of specified information that the Department deems necessary and appropriate for the recognition, prevention, control or cure of cancer and benign tumors, and shall minimally include the reporting requirements of the National Cancer Data Base established by the American College of Surgeons, along with information regarding the patient's length of residency in Delaware, primary residential address in Delaware and the location and nature of the patient's primary past employment. Those required to report to the Department occurrences of cancer and benign tumors shall include:
a. Any physician, surgeon, dentist, podiatrist or other health-care practitioner who diagnoses or provides treatment for cancer or benign tumors;
b. The designated representative of any hospital, dispensary, asylum or other similar public or private institution that diagnoses or provides treatment for cancer or benign tumors; and
c. The designated representative of any laboratory that examines tissue specimens which disclose the existence of cancer or benign tumor;
(3) The establishment of a procedure for the publication and distribution of forms, instructions and notices required by this chapter or necessary to accomplish the purpose of this chapter; and
(4) The establishment of a procedure to obtain follow-up information from those required to report occurrences of cancer and benign tumors pursuant to this chapter. Any follow-up information deemed necessary by the Department shall be submitted to the Department at least 1 time each year by those required to report occurrences of cancer and benign tumors.
This chapter and any rules or regulations issued pursuant to this chapter shall not apply to any person or private institution that, as an exercise of religious freedom, treats the sick or suffering by spiritual means through prayer alone.
62 Del. Laws, c. 334, §  1;  70 Del. Laws, c. 391, §  1;  73 Del. Laws, c. 431, §§  1, 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 32. CANCER CONTROL ACT › § 3205. Confidentiality of reports.

§ 3205. Confidentiality of reports.
(a) Any report of an occurrence of cancer or benign tumor made pursuant to this chapter shall not be divulged nor made public in any way that might tend to disclose the identity of the person to whom it relates. However, patient-identifying information may be exchanged among cancer control agencies as authorized by the Department and upon receipt by the Department of satisfactory assurances by those agencies of the preservation of the confidentiality of such information.
(b) No individual or organization providing information to the Department in accordance with this chapter shall be deemed to be, or held liable for, divulging confidential information.
62 Del. Laws, c. 334, §  1;  63 Del. Laws, c. 288, §  1;  70 Del. Laws, c. 149, §  148;  70 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 32. CANCER CONTROL ACT › § 3206. Compulsion prohibited.

§ 3206. Compulsion prohibited.
Nothing in this chapter shall be construed to compel any individual to submit to any medical or public health examination, treatment or supervision.
62 Del. Laws, c. 334, §  1;  70 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 32. CANCER CONTROL ACT › § 3207. Violations.

§ 3207. Violations.
Any person or entity who violates any provision of this chapter shall be fined $100 for each violation.
62 Del. Laws, c. 334, §  1;  70 Del. Laws, c. 391, §  1;  73 Del. Laws, c. 431, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 32. CANCER CONTROL ACT › § 3208. Audit and Abstraction of records by department.

§ 3208. Audit and Abstraction of records by department.
(a) Upon request of a person or organization required to report by § 3204 of this title, the Department may audit records and abstract information that is required to be reported.
(b) Any person or organization failing to report as required by this chapter shall permit the Department to audit records and abstract information that is required to be reported.
(c) The Department may charge a fee to be established by regulation to persons and organizations subjected to an audit pursuant to subsection (a) or (b) of this section. Said person or organization shall reimburse the Department.
73 Del. Laws, c. 431, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 33. PURE FOOD AND DRUGS › § 3301. Definitions.

§ 3301. Definitions.
As used in this chapter:
(1) “Drug” includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either humans or other animals. Notwithstanding any other provision of this subdivision, the word “drug” shall not include laetrile (amygdalin).
(2) “Food” includes all articles used for food, drink, ice, confectionery or condiment by humans or other animal, whether simple, mixed or compound.
32 Del. Laws, c. 190, §  2;  Code 1935, §  3994;  16 Del. C. 1953, §  3301;  61 Del. Laws, c. 90, §  1;  66 Del. Laws, c. 314, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 33. PURE FOOD AND DRUGS › § 3302. Manufacture or sale of adulterated or misbranded food or drugs.

§ 3302. Manufacture or sale of adulterated or misbranded food or drugs.
No person shall manufacture, sell or trade in, within this State, any article of food or drugs which is adulterated, misbranded, poisonous or deleterious within the meaning of this chapter.
32 Del. Laws, c. 190, §  1;  Code 1935, §  3993;  16 Del. C. 1953, §  3302;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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.;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 35. CANNERIES AND OTHER FOOD PROCESSING ESTABLISHMENTS › § 3503. Issuance of certificate of inspection.

§ 3503. Issuance of certificate of inspection.
The Department of Health and Social Services shall, on October 1 in each year, furnish to each person operating a factory affected by this chapter, who has complied with this chapter during the year immediately preceding October 1, a certificate of inspection under the hand of the Department of Health and Social Services setting forth that such factory has been inspected and all laws, rules and regulations for the year immediately preceding the date of the certificate have been fully complied with.
28 Del. Laws, c. 228, §  4;  Code 1935, §  4078;  16 Del. C. 1953, §  3503;  70 Del. Laws, c. 149, §§  155, 156;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 35. CANNERIES AND OTHER FOOD PROCESSING ESTABLISHMENTS › § 3504. Rules and regulations.

§ 3504. Rules and regulations.
The Department of Health and Social Services may promulgate and enforce standards to regulate food processing establishments which may include, but are not limited to, canneries, factories and cottage industries that process food for human consumption whenever it is determined that said food represents a hazard to the public health.
28 Del. Laws, c. 228, §  5;  Code 1935, §  4079;  16 Del. C. 1953, §  3504;  70 Del. Laws, c. 149, §  157;  71 Del. Laws, c. 85, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 35. CANNERIES AND OTHER FOOD PROCESSING ESTABLISHMENTS › § 3505. Abstracts of regulations; furnishing and posting.

§ 3505. Abstracts of regulations; furnishing and posting.
The Department of Health and Social Services shall have prepared and printed abstracts of rules, regulations and requirements prescribed in §§ 3505 and 3506 of this title and shall furnish every person in this State affected by this chapter with a reasonable number of printed abstracts, and such printed abstracts shall be posted in at least 5 conspicuous places in each factory affected by this chapter and they shall be kept posted in plain view so that they can be easily read by the employees. If persons are employed who do not understand the English language, suitable translations, or so much of such rules, regulations and requirements as affect the employees, shall also be posted in languages with which they are familiar. Such translations shall be furnished by the Department of Health and Social Services upon application by the owner.
28 Del. Laws, c. 228, §  6;  Code 1935, §  4080;  16 Del. C. 1953, §  3507;  70 Del. Laws, c. 149, §§  158, 159;  71 Del. Laws, c. 85, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 35. CANNERIES AND OTHER FOOD PROCESSING ESTABLISHMENTS › § 3506. Entering premises for inspection and enforcement; penalty for refusal.

§ 3506. Entering premises for inspection and enforcement; penalty for refusal.
(a) The Department of Health and Social Services, by its agent or representative, may enter upon the premises of any factory in this State engaged in the canning business for the purpose of inspecting and enforcing this chapter.
(b) Any person engaged in the canning business refusing access to the agent or representative of the Department of Health and Social Services or in any way interfering with such agent or representative in the exercise of the agent's or representative's duties, when other penalties are not provided in this chapter, shall, for each offense, be fined not more than $100. In default of the payment of any fine that may be imposed under this chapter, imprisonment may be imposed for a term, in the direction of the court, in lieu thereof.
28 Del. Laws, c. 228, §  9;  Code 1935, §  4083;  16 Del. C. 1953, §  3508;  70 Del. Laws, c. 149, §  160;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 85, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 35. CANNERIES AND OTHER FOOD PROCESSING ESTABLISHMENTS › § 3507. Enforcement; assistance of sheriffs and constables.

§ 3507. Enforcement; assistance of sheriffs and constables.
The Department of Health and Social Services may enforce this chapter and, if necessary, call to its assistance the sheriff of any county or any constable within the State. The sheriffs and constables of the respective counties of the State shall assist the Department of Health and Social Services in enforcing this chapter whenever they shall be called upon by the Department of Health and Social Services.
28 Del. Laws, c. 228, §  7;  Code 1935, §  4081;  16 Del. C. 1953, §  3509;  70 Del. Laws, c. 149, §§  161, 162;  71 Del. Laws, c. 85, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 35. CANNERIES AND OTHER FOOD PROCESSING ESTABLISHMENTS › § 3508. Penalties.

§ 3508. Penalties.
(a) Whoever violates this chapter or refuses, neglects or fails to comply with this chapter shall, for the first offense, be fined not less than $25 nor more than $100, for the second offense not less than $100 nor more than $150.
(b) If any person engaged in the canning business within the provisions of this chapter is convicted a third time for any violation of this chapter, the Superior Court may close the factory in which such third offense is committed, and the person convicted may be prohibited from engaging in the canning business until further order of the Court.
28 Del. Laws, c. 228, §  8;  Code 1935, §  4082;  16 Del. C. 1953, §  3510;  71 Del. Laws, c. 85, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 35. CANNERIES AND OTHER FOOD PROCESSING ESTABLISHMENTS › § 3509. Venue.

§ 3509. Venue.
Whenever any person violates any of this chapter the Department of Health and Social Services shall cause the person so violating to be prosecuted in a court having jurisdiction in the county where the offense is committed.
28 Del. Laws, c. 228, §  7;  Code 1935, §  4081;  16 Del. C. 1953, §  3511;  70 Del. Laws, c. 149, §  163;  71 Del. Laws, c. 85, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 35. CANNERIES AND OTHER FOOD PROCESSING ESTABLISHMENTS › § 3510. Closing factories.

§ 3510. Closing factories.
In any case the Department of Health and Social Services, in its discretion, may, instead of prosecuting a person, close the factory in which a violation of this chapter occurs and may cause all work therein to be discontinued until such violations are discontinued or until such changes as may be necessary to make the factory sanitary are made, as directed by the Department of Health and Social Services.
28 Del. Laws, c. 228, §  7;  Code 1935, §  4081;  16 Del. C. 1953, §  3512;  70 Del. Laws, c. 149, §  164;  71 Del. Laws, c. 85, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 35. CANNERIES AND OTHER FOOD PROCESSING ESTABLISHMENTS › § 3511. Resisting closing authority; penalties.

§ 3511. Resisting closing authority; penalties.
Should any person engaged in the canning business whose factory should be ordered closed by the Department of Health and Social Services under § 3510 of this title, resist the authority of the Department of Health and Social Services or sheriff or constable deputized by the Department, such person shall be fined not less than $50 nor more than $100 and imprisoned not more than 30 days.
28 Del. Laws, c. 228, §  7;  Code 1935, §  4081;  16 Del. C. 1953, §  3513;  70 Del. Laws, c. 149, §  165;  71 Del. Laws, c. 85, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 41. FROZEN SWEETENED PRODUCTS › § 4101. Policy and definitions.

§ 4101. Policy and definitions.
(a) Declaration of policy. — (1) The dairy industry is a paramount industry of the State and the production, processing, packaging, distribution and sale of frozen desserts is an important segment of the dairy industry and is of vast economic importance to the State and of vital importance to the consuming public of the State and should be encouraged and promoted in the public interest. It is in the interest of the dairy industry and of the consuming public that there be uniformity of standards for frozen desserts as between the various states and the federal government to the end that there may be free movement of frozen desserts between the states and to the end that the inefficiency, needless expense and confusion caused by differences in products sold under the same name, and differences in labeling of identical products may be eliminated.
(2) It is the purpose of this chapter to promote honesty and fair dealing in the interest of consumers, to insure fair competition between the manufacturers and distributors of the different products and to prevent confusion and deception in the sale of all such products by establishing definitions and standards of identity for such products and by providing for rules and regulations which will effect their orderly marketing and insure uniform and proper sanitary standards.
(b) Definitions. — For the purpose of this chapter and for any rules, regulations, definitions, standards of identity or labeling requirements promulgated pursuant thereto, the term “frozen desserts” shall be deemed to include ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice cream, artificially sweetened ice milk, ice milk, fruit sherbet, water ice, quiescently frozen confection, quiescently frozen dairy confection, whipped cream confection, bisque tortoni, mellorine frozen desserts as all such products are commonly known, together with any mix used in such frozen desserts, and any products which are similar in appearance, odor or taste to such products or are prepared or frozen as such products are customarily prepared or frozen whether made with dairy or nondairy products.
45 Del. Laws, c. 98, §  1;  16 Del. C. 1953, §  4101;  56 Del. Laws, c. 465, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 41. FROZEN SWEETENED PRODUCTS › § 4103. Sale or possession of adulterated or misbranded products.

§ 4103. Sale or possession of adulterated or misbranded products.
No person shall sell, distribute, offer for sale or have in possession for selling or distribution any frozen dessert which is adulterated or misbranded.
16 Del. C. 1953, §  4103;  56 Del. Laws, c. 465, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 41. FROZEN SWEETENED PRODUCTS › § 4104. Adulterations; prohibited and permitted ingredients.

§ 4104. Adulterations; prohibited and permitted ingredients.
(a) Any product for which a definition and standard of identity has been promulgated in accordance with this chapter shall be deemed to be adulterated within the meaning of this chapter if in purity or quality it fails to conform with the definitions and standards of identity promulgated.
(b) Any frozen dessert which contains any substance or compounds known or likely to be harmful to health, as determined by the State Board of Health, shall be deemed to be adulterated within the meaning of this chapter.
16 Del. C. 1953, §  4106;  56 Del. Laws, c. 465, §  6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 41. FROZEN SWEETENED PRODUCTS › § 4105. Misbranded.

§ 4105. Misbranded.
Any mixtures or preparations shall be deemed to be misbranded if they are marked or labelled as any frozen dessert for which a definition or standard of identity has been promulgated but do not conform to such definition or standard of identity.
16 Del. C. 1953, §  4107;  56 Del. Laws, c. 465, §  7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 41. FROZEN SWEETENED PRODUCTS › § 4106. Penalties.

§ 4106. Penalties.
Any person and the officers or employees of any corporation violating this chapter shall for the first offense be fined not less than $50 and for each subsequent offense $100.
16 Del. C. 1953, §  4108;  53 Del. Laws, c. 262.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 41. FROZEN SWEETENED PRODUCTS › § 4107. Enforcement agency.

§ 4107. Enforcement agency.
The Department of Agriculture shall be charged with the enforcement of this chapter and may bring action in the Superior Court. Nothing contained in this section shall be construed to prevent any individual from prosecuting anyone violating this chapter or of rules or regulations made pursuant to § 4102 of this chapter in the Superior Court.
16 Del. C. 1953, §  4109;  53 Del. Laws, c. 262;  57 Del. Laws, c. 764, §  30;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4301. License for manufacture of soft drinks for sale in bottles.

§ 4301. License for manufacture of soft drinks for sale in bottles.
(a) No person shall manufacture for sale in bottles or jugs any soft drink or other nonalcoholic beverage (except apple cider) within this State without having first applied for and having received a license from the Department of Health and Social Services.
(b) The application shall contain the name of the applicant, the applicant's address and the location of the applicant's manufacturing plant or plants, the name of the beverage or beverages to be manufactured and such other pertinent information as shall be prescribed by the Department of Health and Social Services in pursuance of this chapter.
(c) The application shall be accompanied by a fee of $25, upon receipt of which application and fee the Department of Health and Social Services shall issue to the applicant a license for the manufacture of the beverages mentioned in this section.
(d) The license shall be for the fiscal year ending June 30, unless sooner revoked, as provided in this chapter, and shall be renewed annually thereafter.
Code 1915, §  780A;  33 Del. Laws, c. 55, §  1;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 63;  34 Del. Laws, c. 69, §  1;  35 Del. Laws, c. 52, §  1;  Code 1935, §  841;  16 Del. C. 1953, §  4301;  70 Del. Laws, c. 149, §§  177, 178;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4302. Denial of license.

§ 4302. Denial of license.
A license applied for pursuant to § 4301 of this title may be denied at the time of application if the establishment of the applicant is known to be in an unsanitary condition or if the water supply is known to be dangerously polluted.
Code 1915, §  780A;  33 Del. Laws, c. 55, §  1;  34 Del. Laws, c. 63;  35 Del. Laws, c. 52, §  1;  Code 1935, §  841;  16 Del. C. 1953, §  4302;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4303. Soft drinks sold but not manufactured in this State; inspection, registration and license.

§ 4303. Soft drinks sold but not manufactured in this State; inspection, registration and license.
No soft drink or other nonalcoholic beverage (except apple cider) not manufactured in this State shall be sold or offered for sale in this State unless such drink or beverage is first inspected and registered with the Department of Health and Social Services. A license fee of $57.50, which may be renewed annually, shall be paid by the manufacturer or the manufacturer's agent or dealer to the Department of Health and Social Services.
Code 1915, §  780A;  33 Del. Laws, c. 55, §  1;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 63;  34 Del. Laws, c. 69, §  1;  35 Del. Laws, c. 52, §  1;  Code 1935, §  841;  16 Del. C. 1953, §  4303;  67 Del. Laws, c. 260, §  1;  70 Del. Laws, c. 149, §§  179, 180;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4304. Disposition by Department of moneys collected.

§ 4304. Disposition by Department of moneys collected.
All moneys collected by the Department of Health and Social Services under this chapter shall be paid into the State Treasury.
Code 1915, §  780F;  33 Del. Laws, c. 55, §  1;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 69, §  1;  Code 1935, §  842;  16 Del. C. 1953, §  4304;  70 Del. Laws, c. 149, §  181;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4305. Form of license.

§ 4305. Form of license.
All licenses granted shall be numbered and bear the name of the town or city and the street address where the establishment is located.
Code 1915, §  780D;  33 Del. Laws, c. 55, §  1;  Code 1935, §  844;  16 Del. C. 1953, §  4305;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4306. Display of license.

§ 4306. Display of license.
A licensee shall display the license in a conspicuous place on the licensed premises.
Code 1915, §  780D;  33 Del. Laws, c. 55, §  1;  Code 1935, §  844;  16 Del. C. 1953, §  4306;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4307. Delivery trucks.

§ 4307. Delivery trucks.
All delivery trucks and wagons maintained by persons holding licenses shall be kept clean and shall bear the license number and the name of the town or city where the licensed establishment is located.
Code 1915, §  780D;  33 Del. Laws, c. 55, §  1;  Code 1935, §  844;  16 Del. C. 1953, §  4307;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 43. SOFT DRINKS AND NONALCOHOLIC BEVERAGES › § 4308. Revocation of licenses.

§ 4308. Revocation of licenses.
(a) The Department of Health and Social Services may revoke any license issued under this chapter whenever it is determined by itself or the Pathologist and Bacteriologist, Chemist or other properly qualified official that this chapter has been violated.
(b) Any person whose license has been revoked shall discontinue the manufacture or sale within this State of soft drinks, syrups or other nonalcoholic beverages until this chapter has been complied with and a new license issued.
(c) The Department of Health and Social Services may revoke a license either temporarily until there is a compliance with such conditions as it may prescribe or permanently for the unexpired period of the license.
Code 1915, §  780E;  33 Del. Laws, c. 55, §  1;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 69, §  1;  Code 1935, §  845;  16 Del. C. 1953, §  4308;  70 Del. Laws, c. 149, §§  182, 183;