Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 3301. Definitions.
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§ 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, mitigatio…
16 Del. C. § 3302. Manufacture or sale of adulterated or misbranded food or drugs.
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§ 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. 19…
16 Del. C. § 3303. Adulteration of drugs.
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§ 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 i…
16 Del. C. § 3304. Adulteration of food other than confectionery.
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§ 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 …
16 Del. C. § 3305. Adulteration of confectionery.
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§ 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 spirit…
16 Del. C. § 3306. Destruction of adulterated candy.
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§ 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 Del. C. § 3307. Definition of misbranded.
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§ 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 ingr…
16 Del. C. § 3308. Misbranding of drugs.
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§ 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…
16 Del. C. § 3309. Misbranding of food.
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§ 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…
16 Del. C. § 3310. Exceptions to adulteration or misbranding of food.
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§ 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 …
16 Del. C. § 3311. Guaranty from seller saving dealer from prosecution.
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§ 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 a…
16 Del. C. § 3312. Penalties for violating §§ 3302-3311.
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§ 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 imprison…
16 Del. C. § 3313. Excepting articles sold under federal laws.
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§ 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 est…
16 Del. C. § 3314. Other exceptions.
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§ 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…
16 Del. C. § 3315. Enforcement agencies; rules and regulations [Effective June 30, 2026].
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§ 3315. Enforcement agencies; rules and regulations [Effective June 30, 2026]. (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 De…
16 Del. C. § 3316. Expenses of enforcement.
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§ 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, o…
16 Del. C. § 3317. Treatment of meats with unhealthful drugs and preparations.
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§ 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 sam…
16 Del. C. § 3318. Complaint of violations of § 3317; procedure for entry, sampling and testing; costs; certificate as evidence.
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§ 3318. Complaint of violations of § 3317; procedure for entry, sampling and testing; costs; certificate as evidence. (a) If any person makes complaint in writing, verified by oath or affirmation before any justice of the peace or other court having criminal jurisdiction, allegin…
16 Del. C. § 3319. Penalties for violations of § 3317.
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§ 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…
16 Del. C. § 3320. Oleomargarine; manufacture, sale, marking and advertising.
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§ 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 p…
16 Del. C. § 3321. Complaint of violation of § 3320; procedure for entry, sampling and testing; costs; certificate as evidence.
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§ 3321. Complaint of violation of § 3320; procedure for entry, sampling and testing; costs; certificate as evidence. (a) If any person makes complaint in writing, verified by oath or affirmation before any justice of the peace or other court having criminal jurisdiction, alleging…
16 Del. C. § 3322. Penalties for violations of § 3320 of this title.
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§ 3322. Penalties for violations of § 3320 of this title. (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 th…
16 Del. C. § 3323. Detention or embargo of article [Effective June 30, 2026].
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§ 3323. Detention or embargo of article [Effective June 30, 2026]. (a) (1) When a duly authorized agent of the Department of Health and Social Services, when food is involved, or of the Board of Pharmacy, when drugs are involved, finds or has probable cause to believe that any fo…
16 Del. C. § 3324. Penalties for violations of § 3323 of this title.
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§ 3324. Penalties for violations of § 3323 of this title. (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…