Title 16 — Health and Safety

§ 3008L. Exclusion of application of chapter. The requirements of §§ 3005L and 3006L of the title shall not apply to coaches, athletes, officials, parents and guardians of visiting teams or groups of participants from outside the State.80 Del. Laws, c. 409, § 1;

§ 3009L. Annual report. The Council may include in its annual report information concerning implementation of this chapter obtained through surveys, the Internet, and other sources.80 Del. Laws, c. 409, § 1;

§ 3201. Short title. This chapter may be cited as the “Delaware Cancer Control Act.”62 Del. Laws, c. 334, § 1; 70 Del. Laws, c. 391, § 1;

§ 3202. Purpose. The intent of the General Assembly is to require the establishment and maintenance of a cancer registry for the State. This responsibility is delegated to the Department of Health and Social Services, along with the authority to exercise certain powers to impleme…

§ 3203. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. (1) “Benign tumor” means any nonmalignant neoplasm, regardless of the …

§ 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 provi…

§ 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 inf…

§ 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;

§ 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;

§ 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 re…

§ 3209. [Reserved.]

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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;

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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 im…

§ 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…

§ 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…

§ 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 consumpti…

§ 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 affect…

§ 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 …

§ 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 c…

§ 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 t…

§ 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, § 40…

§ 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 …

§ 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 Service…

§§ 3512, 3513. Closing factories; resisting closing authority; penalties. Transferred.

§ 3601. Title [For application of this section, see 84 Del. Laws, c. 373, § 3] [Expires Aug. 29, 2028]. This chapter shall be known as the “Delaware Grocery Initiative.” 84 Del. Laws, c. 373, § 1;

§ 3602. Definitions [For application of this section, see 84 Del. Laws, c. 373, § 3] [Expires Aug. 29, 2028]. As used in this chapter: (1) “Division” means the Division of Small Business created by § 8703A of Title 29. (2) “Food desert” means locations where the residential popul…