Title 16, Health and Safety

§ 7122. Exemptions. This chapter shall not be construed to affect the making or manufacturing of cigarillos. A cigarillo shall mean a small cigar or cigarette wrapped in tobacco instead of paper.76 Del. Laws, c. 100, § 1;

§ 7123. Sale outside of Delaware. Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of § 7117 of this title if the cigarettes are or will be stamped for sale in another state or a…

§ 7124. Effective date. This chapter shall take effect on January 1, 2009, and the requirement that only cigarettes certified as compliant with the performance standard herein may be sold shall not prohibit wholesale dealers or retail dealers from selling their existing inventory…

§ 7125. Effect of federal regulation. (a) This chapter shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective. (b) Notwithstanding any other provision of law, the local government units of this Sta…

§ 7201. Definitions. (a) The term “liquefied petroleum gas” as used in this chapter means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal butane and isobutane) and butylenes. (b) The te…

§ 7202. Unlawful use, filling or refilling of containers. (a) No person except the owner thereof or person authorized in writing by the owner shall fill or refill with liquefied petroleum gas, or any other gas or compound, a liquefied petroleum gas container, or buy, sell, offer …

§ 7203. Presumptive evidence of unlawful use. The use of a liquefied petroleum gas container or containers by any person other than the person whose name, mark, initial or device is on the liquefied petroleum gas container or containers without written consent, or purchase of the…

§ 7204. Arrest for violation [Repealed].16 Del. C. 1953, § 7204; 58 Del. Laws, c. 95; 70 Del. Laws, c. 186, § 1; repealed by 83 Del. Laws, c. 202, § 1, effective Sept. 17, 2021.;

§ 7205. Penalty and jurisdiction. (a) Any person who violates § 7202 of this title shall be imprisoned not more than 90 days or fined not more than $300, or both, for each separate offense. (b) Justices of the peace shall have original jurisdiction over this offense.16 Del. C. 19…

§ 7206. Disposition of fines and costs. The costs incurred in the enforcement of this chapter shall be assessed and collected in the same manner as in other criminal cases, and all fines collected by virtue of this chapter shall be turned over in the same manner and for the same …

§ 7207. Nonapplicability to small containers. Nothing in this chapter shall apply to or shall be construed to affect a liquefied petroleum gas container having a total capacity of 30 pounds or less.16 Del. C. 1953, § 7207; 58 Del. Laws, c. 95.;

§ 7208. Ownership of liquefied petroleum gas containers. Any liquefied petroleum gas containers placed upon land, whether aboveground or underground, by a person other than the owner of the land, pursuant to a lease or bailment agreement between the owner of the land and the pers…

§ 7301. Selling without fire test; method of testing. (a) No person shall sell or offer for sale, within the limits of this State, any kerosene, headlight or other oil for illuminating purposes produced from petroleum, which will not bear the fire test of at least 115° Fahrenheit…

§ 7302. Tests by State Chemist; fees. (a) The State Chemist shall make tests in the method or manner as provided in § 7301 of this title to determine the fire test of any sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum sold or offered …

§ 7303. Report of test failures to Attorney General. (a) The State Chemist, when a tested sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum is found to be of a fire test less than that required by the provisions of § 7301 of this title, …

§ 7304. Civil liability. If any person sustains property damage or personal injury by reason of a violation of this chapter by another person, the person guilty of the violation shall be liable to the person injured for damages sustained thereby.14 Del. Laws, c. 411, § 3; Code 19…

§ 7305. Legislative intent. It is hereby declared that modern, efficient, safety-tested portable oil-fueled heaters may be offered for sale, sold and used in this State. However, fire hazards and other dangers to the health, safety and welfare of the inhabitants of this State may…

§ 7306. Definitions. As used in this chapter: (1) “1-K” or “K-1 kerosene” means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M. (American Society for Testing of Materials) #D3699 (1978) for 1-K. (2) “2-K” or “K-2 kerosene” means kero…

§ 7307. Sale and use of portable oil-fueled heaters. Approved portable oil-fueled heaters may be offered for sale, sold and used in structures in this State; however, the use of a portable oil-fueled heater in multi-unit residential buildings is specifically prohibited. Any porta…

§ 7308. Requirements for approved portable oil-fueled heaters. Approved portable oil-fueled heaters must adhere to the following requirements: (1) Approved portable oil-fueled heaters must have labeling affixed thereto such as to caution and inform concerning: a. Provision of an …

§ 7309. Storage of kerosene. Any portable containers in which kerosene is stored must not be red in color, nor may they be made of glass. They must be clearly marked “kerosene.”63 Del. Laws, c. 117, § 7;

§ 7310. Authority of State Fire Prevention Commission. The State Fire Prevention Commission shall be the authority having jurisdiction over the sale and use of portable oil-fueled heaters and only this chapter shall govern the sale and use of portable oil-fueled heaters in this S…

§ 7311. Penalties; jurisdiction. Whoever violates this chapter shall be fined not more than $200 for each offense. The Superior Court shall have jurisdiction to adjudicate offenses under this chapter.63 Del. Laws, c. 117, § 8;

§ 7312. Kerosene labeling requirements. 1-K and 2-K kerosene which is kept, offered, exposed for sale or sold within the State shall be properly identified as meeting A.S.T.M. standards. Such identification requirements shall apply to every dispenser and delivery ticket (manifest…

§ 7313. Kerosene inspection, sampling and testing. The weights and measures section of the State Department of Agriculture shall be responsible for the inspection, sampling and testing of kerosene sold by dealers within the State to determine compliance with labeling requirements…

§ 7314. Penalties. Notwithstanding § 7311 of this title, persons who do not comply with labeling and/or certification provisions of §§ 7312 and 7313 of this title shall be punished by a fine of not less than $25 or more than $200, or by imprisonment for not more than 1 month, or …

§ 7401. Declaration of policy. It is the policy of this State in furtherance of its responsibilities to protect the public health and safety to: (1) Institute and maintain a regulatory program for sources of ionizing radiation so as to provide for: a. Compatibility with the stand…

§ 7401B. Short title. This chapter shall be known and cited as the “Overhead High-Voltage Line Safety Act.”72 Del. Laws, c. 193, § 1;

§ 7402. Purpose. It is the purpose of this chapter to effectuate the policies set forth in § 7401 of this title by providing a program to: (1) Effectively regulate sources of ionizing radiation for the protection of occupational and public health and safety; (2) Promote an orderl…

§ 7402B. Definitions. (1) “Authorized person” means: a. A qualified employee of a public utility which produces, transmits or delivers electricity, or a qualified employee of an approved contractor of such public utility; b. A qualified employee of a public utility which provides…

§ 7403. Definitions. As used in this chapter: (1) “Authority” means the Authority on Radiation Protection created by § 7404 of this title. (2) “Ionizing radiation” means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear pa…

§ 7403B. Presumption. Until and unless a field visitation or written determination is obtained from the public utility operating an electric line that is above ground level and such visitation or writing results in a determination that states otherwise, there is a rebuttable pres…

§ 7404. Authority on Radiation Protection. (a) There is created an Authority on Radiation Protection which shall be governed in accordance with Authority bylaws, established to ensure integrity, accountability, and transparency regarding decisions of the Authority which impact th…

§ 7404B. Activity near overhead lines; safety restrictions. Unless the Field Visitation or written approval described in § 7402B(3) of this title has been obtained and/or there is a written determination that the line is not energized pursuant to § 7402B(3) of this title: (1) A p…

§ 7405. Rules and regulations; adoption; notice; hearing. (a) The Authority shall adopt rules and regulations as may be necessary for the control of sources of ionizing radiation. Prior to adoption of any rule or regulation, the Authority shall publish or otherwise circulate noti…

§ 7405B. Activity in dangerous proximity to high voltage overhead lines; clearance arrangements, procedures, notice. If any person intends to carry on any function, activity, work or operation within dangerous proximity of any high voltage overhead line, the person responsible fo…

§ 7406. Licensing and registration of sources and users of ionizing radiation. (a) The Authority shall promulgate rules and regulations for regulation of radiation sources and devices or equipment utilizing such sources and for the registration or exemption of such sources, devic…

§ 7406B. Penalties and civil liability. (1) Any person and/or agent of a person who violates this chapter may be subject to a civil penalty in an amount not to exceed $1,000 for each violation, to be imposed by the court in favor of the State to be deposited in the General Fund. …

§ 7407. Inspection. The Authority or its duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violations of this chapter and rules and re…

§ 7407B. Exemptions. This chapter does not apply to construction, reconstruction, operation or maintenance of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communicatio…

§ 7408. Records. (a) The Authority or its duly authorized representatives shall require each person who possesses or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer or disposal and such other records as the Authority may require …

§ 7408B. Jurisdiction. The Superior Court shall have jurisdiction over violations of this chapter.72 Del. Laws, c. 193, § 1;

§ 7409. Federal-state agreements. (a) The Governor, upon the recommendation of the Authority, may enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to sources of ionizing radiation a…

§ 7410. Inspection agreements and training programs. (a) Subject to the approval of the Governor, the Authority may enter into agreements with the federal government, other states or interstate agencies for inspections or other functions relating to control of sources of ionizing…

§ 7411. Conflicting laws. Ordinances, resolutions or regulations of a governing body or of any other governmental unit relating to radioactive materials shall not be superseded by this chapter if they are consistent with this chapter and rules and regulations hereunder.16 Del. C.…

§ 7412. Administrative procedure and judicial review; emergency rules. (a) In any proceeding under this chapter: (1) For the issuance or modification of rules and regulations relating to control of sources of ionizing radiation; or (2) For granting, suspending, revoking or amendi…