Title 16 — Health and Safety

143 chapters · 977 sections in this title.

977 sectionsFiltered byTitle 16

16 Del. C. § 3603. Grants and financial support [For application of this section, see 84 Del. Laws, c. 373, § 3] [Expires Aug. 29, 2028].
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§ 3603. Grants and financial support [For application of this section, see 84 Del. Laws, c. 373, § 3] [Expires Aug. 29, 2028]. (a) This chapter codifies the Program under the Delaware Grocery Initiative. (b) The Division shall, subject to, appropriation, establish the Delaware Gr…
16 Del. C. § 3604. Food access strategy [Repealed].
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§ 3604. Food access strategy [Repealed].84 Del. Laws, c. 373, § 1; repealed by 85 Del. Laws, c. 63, § 27(c), effective July 1, 2025.;
16 Del. C. § 3605. Regulatory authority [For application of this section, see 84 Del. Laws, c. 373, § 3] [Expires Aug. 29, 2028].
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§ 3605. Regulatory authority [For application of this section, see 84 Del. Laws, c. 373, § 3] [Expires Aug. 29, 2028]. The Division shall adopt regulations under Chapter 101 of Title 29 to implement the Delaware Grocery Initiative in accordance with this chapter.84 Del. Laws, c. …
16 Del. C. § 3701-3711. Definitions; license for operating poultry viscerating or dressing establishment; applications for license; license fee; issuance and term of license; form and display of license; denial or revocation of license; grounds; revocation of licenses; duration and effect; notice and hearing; licensee’s right of appeal; penalty; injunction against continuing violations [Repealed].
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§§ 3701-3711. Definitions; license for operating poultry viscerating or dressing establishment; applications for license; license fee; issuance and term of license; form and display of license; denial or revocation of license; grounds; revocation of licenses; duration and effect;…
16 Del. C. § 3901-3904. Prohibited processing practices; deceptive labels or advertising; prohibitions affecting sellers of processed tomatoes; penalty [Repealed].
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§§ 3901-3904. Prohibited processing practices; deceptive labels or advertising; prohibitions affecting sellers of processed tomatoes; penalty [Repealed]. Repealed by 71 Del. Laws, c. 85, § 6, effective June 26, 1997.
16 Del. C. § 4101. Policy and definitions.
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§ 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 impor…
16 Del. C. § 4102. Conformity with federal standards.
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§ 4102. Conformity with federal standards. (a) It is the intent of the General Assembly that Delaware law and regulations substantially conform with the federal regulations promulgated under the authority of the United States Secretary of Health, Education and Welfare prescribing…
16 Del. C. § 4103. Sale or possession of adulterated or misbranded products.
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§ 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;
16 Del. C. § 4104. Adulterations; prohibited and permitted ingredients.
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§ 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 …
16 Del. C. § 4105. Misbranded.
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§ 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…
16 Del. C. § 4106. Penalties.
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§ 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.;
16 Del. C. § 4107. Enforcement agency.
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§ 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 chapte…
16 Del. C. § 4301. License for manufacture of soft drinks for sale in bottles.
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§ 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…
16 Del. C. § 4302. Denial of license.
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§ 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;…
16 Del. C. § 4303. Soft drinks sold but not manufactured in this State; inspection, registration and license.
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§ 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 fir…
16 Del. C. § 4304. Disposition by Department of moneys collected.
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§ 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; Co…
16 Del. C. § 4305. Form of license.
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§ 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;
16 Del. C. § 4306. Display of license.
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§ 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;
16 Del. C. § 4307. Delivery trucks.
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§ 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…
16 Del. C. § 4308. Revocation of licenses.
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§ 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 vio…
16 Del. C. § 4309. Procedure for revocation.
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§ 4309. Procedure for revocation. Before revoking any license the Department of Health and Social Services shall give written notice to the licensee affected, stating that it contemplates the revocation of the same and giving its reason therefor. The notice shall appoint a time o…
16 Del. C. § 4310. Appeal from Department’s decision.
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§ 4310. Appeal from Department’s decision. Any licensee or applicant for a license may appeal within 10 days from an adverse decision of the Department of Health and Social Services to the Superior Court of the county where the licensee or applicant resides and issue shall be fra…
16 Del. C. § 4311. Regulations governing licensed establishments.
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§ 4311. Regulations governing licensed establishments. Persons granted a license to manufacture soft drinks or other nonalcoholic beverages must comply with the following requirements: (1) Every building, room, basement or cellar occupied or used for the preparation for sale, man…
16 Del. C. § 4312. Artificial sweeteners.
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§ 4312. Artificial sweeteners. The Department of Health and Social Services shall have authority to approve artificial sweeteners for use in carbonated beverages. Such approval shall be in writing and the Department of Health and Social Services will publish a list of such approv…
16 Del. C. § 4313. Ingredients of beverage.
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§ 4313. Ingredients of beverage. (a) All soft drinks or other nonalcoholic beverages, except nonalcoholic fruit juices, shall consist of a beverage made from pure cane or beet sugar syrup or such other sweetening liquids or substances as shall be permitted by the regulations of t…
16 Del. C. § 4314. Information on caps or labels.
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§ 4314. Information on caps or labels. If any drink product as defined in § 4311(1) of this title contains artificial color or flavor, such fact shall be put on the cap or label. Such cap or label shall also bear the name and address of the bottler or manufacturer of such product…
16 Del. C. § 4315. Using containers bearing another’s label or name.
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§ 4315. Using containers bearing another’s label or name. No person shall fill or refill any glass, jar, bottle or any other container with soda water, mineral water or any other drink or fluid, with intent to sell or vend such water, drink or fluid, which bears the label of any …
16 Del. C. § 4316. Exemption of soda fountains.
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§ 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 Del. C. § 4317. Penalties.
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§ 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 Del. C. § 4501-4511. Definition of food; applicability; marking date of receipt of food for storage or refrigerating; removing food without marking storage date; storage longer than 12 months; inspection and supervision by health boards; rules and regulations; quarterly report by warehousepersons; report of food stored longer than 12 months; certificate of board of health authorizing delivery; extension of time for delivery; transfer from 1 refrigerating warehouse to another; disposition of food kept longer than prescribed time; disposal of cold storage poultry, game or eggs; penalties [Repealed].
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§§ 4501-4511. Definition of food; applicability; marking date of receipt of food for storage or refrigerating; removing food without marking storage date; storage longer than 12 months; inspection and supervision by health boards; rules and regulations; quarterly report by wareho…
16 Del. C. § 4801-4813. Definitions; duties of bureau; hospital and outpatient facilities for drug dependents; application for license, fee; review and action upon license applications; expiration of license, renewal, conditional permit; denial, revocation or suspension of license, procedure; reinstatement of revoked or suspended license; injunctive proceedings; right of entry and inspection; Methadone Treatment Medication Units; annual reports; exceptions [Repealed].
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§§ 4801-4813. Definitions; duties of bureau; hospital and outpatient facilities for drug dependents; application for license, fee; review and action upon license applications; expiration of license, renewal, conditional permit; denial, revocation or suspension of license, procedu…
16 Del. C. § 4801A. Fund created.
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§ 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 …
16 Del. C. § 4801B. Findings and purpose.
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§ 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 f…
16 Del. C. § 4802A. Source of funds [Repealed].
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§ 4802A. Source of funds [Repealed].67 Del. Laws, c. 210, § 1; 68 Del. Laws, c. 443, §§ 4, 5; 69 Del. Laws, c. 131, § 1; repealed by 84 Del. Laws, c. 360, § 3, effective Aug. 12, 2024.;
16 Del. C. § 4802B. Definitions.
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§ 4802B. Definitions. For purposes of this chapter: (1) “Generic substitution” means a drug that is the same active ingredient, equivalent in strength to the strength written on the prescription, and is classified as being therapeutically equivalent to another drug in the latest …
16 Del. C. § 4803A. Use of fund.
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§ 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 t…
16 Del. C. § 4803B. Prescription Opioid Impact Fund.
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§ 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. T…
16 Del. C. § 4804A. Annual reports.
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§ 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 Del. C. § 4804B. Prescription opioid impact fee.
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§ 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 o…
16 Del. C. § 4805B. Enforcement.
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§ 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 recover…
16 Del. C. § 4806B. Policies and procedures.
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§ 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…
16 Del. C. § 4807B. Annual report [Repealed].
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§ 4807B. Annual report [Repealed].82 Del. Laws, c. 37, § 1; repealed by 83 Del. Laws, c. 243, § 4, effective Oct. 14, 2021.;
16 Del. C. § 4808B. Prescription Opioid Settlement Fund.
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§ 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 Ma…
16 Del. C. § 4809B. Limitation on authority of government entities to bring lawsuits.
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§ 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, individuals or other persons released by the Department of Justice in a statewide opioid settlemen…
16 Del. C. § 4901. Manufacture, delivery, possession and use of laetrile.
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§ 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…
16 Del. C. § 4901A. Findings.
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§ 4901A. Findings. (a) Marijuana’s recorded use as a medicine goes back nearly 5,000 years. Modern medical research has confirmed the beneficial uses for marijuana in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical co…
16 Del. C. § 4902. Sale or distribution of laetrile; labeling requirement.
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§ 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 …
16 Del. C. § 4902A. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23].
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§ 4902A. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. For purposes of this chapter: (1) “Cardholder” means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card. (2) “Commissioner” m…
16 Del. C. § 4903. Duties of Department.
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§ 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 manufactur…
16 Del. C. § 4903A. Protections for the medical use of marijuana.
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§ 4903A. Protections for the medical use of marijuana. (a) A registered qualifying patient shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professiona…