(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.;
§ 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.;
§ 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.
32 Del. Laws, c. 190, § 3; Code 1935, § 3995; 16 Del. C. 1953, § 3303; 63 Del. Laws, c. 83, §§ 1, 2.;
§ 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.;
§ 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.;
§ 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 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.;
§ 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.
32 Del. Laws, c. 190, § 4; Code 1935, § 3997; 16 Del. C. 1953, § 3308; 63 Del. Laws, c. 83, §§ 3, 4.;
§ 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.;
§ 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.;
§ 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.;
§ 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.;
§ 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.;
§ 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.;
§ 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, and acts amendatory thereof [21 U.S.C. § 301 et seq.], 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.;
§ 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.;
§ 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.;
§ 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, alleging that the complainant has probable cause to suspect and does suspect and believe that
any person, by that person's own self or by that person's servants or agents, has sold or offered or exposed for sale or has
in that person's own possession with intent to sell, any meat or flesh of any animal to be used for food which has been treated
with or which contains any drug or preparation as mentioned in § 3317 of this title, and in the complaint describes such meat
as particularly as may be and designates the house or place where complainant suspects and believes such meat or flesh is
kept or sold and the name of the persons suspected, the justice of the peace or such court may, within the limits of the justice
of the peace's or its jurisdiction, issue a warrant to search such house or place.
(b) The warrant shall be directed to any officer or to any other person by name for service and shall recite the essential
parts alleged in the complaint, and the officer or other person to whom it shall be directed for service shall proceed thereunder
as provided in subsection (c) of this section.
(c) The officer or person to whom the warrant is directed may enter the house or place designated and, if the officer or person
finds therein what the officer or person believes to be any meat or flesh such as is described in § 3317 of this title, the
officer or person shall take a sample or samples for the purpose of having the same analyzed or tested as provided in this
section. To obtain such sample or samples the officer or other person to whom the warrant is directed may cut pieces from
any such meat or flesh by the officer or person believed to be treated with or containing any drug or preparation within the
meaning of § 3317 of this title. The officer or other person to whom the warrant is directed, when taking a sample or samples
of meat or flesh, shall then and there divide the samples into 2 parts as nearly equal as may be, wrap the parts in separate
packages, seal the same and offer 1 of the parts to the person in whose custody the meat was when taken with a written notice
of the time, place and date, when and where the sample was taken, and that it was taken for the purpose of analyzing or testing
it. The other part of the sample, together with a written copy of the written notice, shall be delivered by the officer or
other person to whom the warrant is directed to the State Chemist, who shall cause the same to be analyzed or otherwise satisfactorily
tested, the result of which analysis or test the State Chemist shall record and preserve as evidence.
(d) The officer or other person to whom the warrant was directed shall, within 1 week after delivery to the State Chemist,
return the warrant with officer's or other person's proceedings thereunder and the costs and actual expenses endorsed thereon
to the justice of the peace or court, the costs to correspond in amount as nearly as may be with the costs to which an officer
serving a search warrant would thereby be entitled.
(e) After the sample has been delivered to the State Chemist, the State Chemist shall, with all convenient speed, analyze
or test the same and upon the completion thereof shall forward to the Attorney General a certificate of the result thereof,
duly verified by oath or affirmation, and the certificate so verified shall be admitted as evidence in any prosecution under
§§ 3317 and 3319 of this title.
(f) The provisions of this section relating to searches and seizures shall be subject to Chapter 23 of Title 11. If there
is any conflict or inconsistency between this section and such chapter, the latter shall prevail.
23 Del. Laws, c. 212, § 2; Code 1915, § 3525; Code 1935, § 4005; 16 Del. C. 1953, § 3318; 70 Del. Laws, c. 186, § 1.;
§ 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.;
§ 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 olemargarine 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.;
§ 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 that the complainant has probable cause to suspect and does suspect and believe that
any other person by that person's own self, or that person's agents or servants, has rendered or manufactured, sold, offered
or exposed for sale or has in that person's possession with intent to sell, contrary to § 3320 of this title, any article,
product or compound made in imitation of yellow butter and in the complaint describes the article, product or compound as
particularly as may be and designates the house or place where complainant suspects and believes the article, product or compound
is and the name of the person suspected, the justice of the peace or such court may, within the limits of the justice of the
peace or its jurisdiction, issue a warrant to search such house or place.
(b) The warrant shall be directed to any officer or to any other person by name for service and shall recite the essential
facts alleged in the complaint, and the officer or other person to whom it is directed for service shall proceed thereunder
as provided in subsection (c) of this section.
(c) The officer or other person to whom the warrant is directed may enter the house or place designated and if that officer
or person finds therein what that officer or person believes to be any article, product or compound made in imitation of yellow
butter, contrary to § 3320 of this title, that officer or person shall take a sample or samples thereof for the purpose of
having the same analyzed or tested as provided in this section. To obtain such sample or samples, the officer or other person
to whom the warrant is directed may open any can, vessel or package by that officer or person believed to contain such imitation
article, product or compound and take therefrom the sample or samples. The officer or other person to whom the warrant is
directed, when taking a sample or samples of the alleged imitation article, product or compound, shall then and there divide
the sample into 2 parts as nearly equal as may be, wrap the parts in separate packages, seal the same and offer 1 of the parts
to the person in whose custody the article was when taken with a written notice of the time, place and date, when and where
the sample was taken and that it was taken for the purpose of analyzing or testing it. The other part of the sample, together
with a copy of the written notice, shall be delivered by the officer or other person to whom the warrant is directed to the
State Chemist, who shall cause the same to be analyzed or otherwise satisfactorily tested, the result of which analysis or
test the State Chemist shall record and preserve as evidence.
(d) The officer or other person to whom the warrant was directed shall, within 1 week after delivery to the State Chemist,
return the warrant with that officer's or person's proceedings thereunder and that officer's or person's costs and actual
expenses endorsed thereon to the justice of the peace or court, the costs to correspond in amount as nearly as may be with
the costs to which an officer serving a search warrant would thereby be entitled.
(e) After the sample has been delivered to the State Chemist, the State Chemist shall, with all convenient speed analyze or
test the same and upon the completion thereof shall forward to the Attorney General a certificate of the result thereof duly
verified by oath or affirmation, and the certificate so verified shall be admitted as evidence in any prosecution under §
3320 of this title.
(f) This section relating to searches and seizures shall be subject to Chapter 23 of Title 11. If there is any conflict or
inconsistency between this section and such chapter, the latter shall prevail.
20 Del. Laws, c. 209, § 2; Code 1915, § 3528; Code 1935, § 4008; 16 Del. C. 1953, § 3321; 70 Del. Laws, c. 186, § 1.;
§ 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.;
§ 3323. Detention or embargo of article.
(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 food or drug as defined by this chapter
is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, or is in violation of
§ 3303, 3304, 3308 or 3309 of this title, the agent shall affix to such article a tag or other appropriate marking. This tag
or marking shall give notice that such article is, or is suspected of being, adulterated or misbranded and has been detained
or embargoed. The tag or other appropriate marking shall warn all persons not to remove or dispose of such article by sale
or otherwise until permission for removal or disposal is given by an authorized agent or the Court. It shall be unlawful for
any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.
(2) When an authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, the
agent shall remove the tag or other markings and it may be disposed of by sale or otherwise by the owner.
(b) When an article is adulterated or misbranded or is in violation of § 3303, 3304, 3308 or 3309 of this title, it shall
be liable to be proceeded against by petition to the justice of the peace or the judge of the Court of Common Pleas in whose
jurisdiction the article is located, detained or embargoed for a decree of condemnation of such article.
(c) If the Court finds that a sampled, detained or embargoed article is adulterated or misbranded, such article shall, after
entry of the decree, be destroyed at the expense of the owner thereof, under the supervision of an authorized agent. All court
costs and fees, and storage and other expenses, shall be charged against the owner of such article or the owner's agent. If
adulteration or misbranding can be corrected by proper labelling or processing of the article, the Court, after entry of the
decree may, by order, direct that such article be delivered to the owner thereof for such labelling or processing under the
supervision of an agent of the State Board of Pharmacy or the Department of Health and Social Services. Expense of such supervision
and any other costs, fees or expenses involved shall be paid by the owner. A sufficient bond shall be executed on the condition
that the articles shall be properly labelled or processed. The article shall be returned to the owner and the bond shall be
discharged on the representation to the Court by the Department of Health and Social Services or the Board of Pharmacy or
their authorized agents that the article is no longer in violation of this chapter, and that the expenses of such supervision
have been paid. The tag or markings described in paragraph (1) of subsection (a) of this section may then be removed.
(d) The Department of Health and Social Services or its authorized agents shall condemn or destroy, or otherwise render unsaleable
as human food, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any
filthy, decomposed or putrid substance, or that may be poisonous or deleterious to the health, or are otherwise unsafe. This
applies to food found in any room, building, vehicle of transportation or other structure. The cost of condemning, destroying
or rendering such food unsaleable shall be paid by the claimant.
63 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 149, § 151; 70 Del. Laws, c. 186, § 1.;
§ 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.;
(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.;
§ 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.;
§ 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.
32 Del. Laws, c. 190, § 3; Code 1935, § 3995; 16 Del. C. 1953, § 3303; 63 Del. Laws, c. 83, §§ 1, 2.;
§ 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.;
§ 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.;
§ 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 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.;
§ 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.
32 Del. Laws, c. 190, § 4; Code 1935, § 3997; 16 Del. C. 1953, § 3308; 63 Del. Laws, c. 83, §§ 3, 4.;
§ 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.;
§ 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.;
§ 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.;
§ 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.;
§ 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.;
§ 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.;
§ 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, and acts amendatory thereof [21 U.S.C. § 301 et seq.], 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.;
§ 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.;
§ 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.;
§ 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, alleging that the complainant has probable cause to suspect and does suspect and believe that
any person, by that person's own self or by that person's servants or agents, has sold or offered or exposed for sale or has
in that person's own possession with intent to sell, any meat or flesh of any animal to be used for food which has been treated
with or which contains any drug or preparation as mentioned in § 3317 of this title, and in the complaint describes such meat
as particularly as may be and designates the house or place where complainant suspects and believes such meat or flesh is
kept or sold and the name of the persons suspected, the justice of the peace or such court may, within the limits of the justice
of the peace's or its jurisdiction, issue a warrant to search such house or place.
(b) The warrant shall be directed to any officer or to any other person by name for service and shall recite the essential
parts alleged in the complaint, and the officer or other person to whom it shall be directed for service shall proceed thereunder
as provided in subsection (c) of this section.
(c) The officer or person to whom the warrant is directed may enter the house or place designated and, if the officer or person
finds therein what the officer or person believes to be any meat or flesh such as is described in § 3317 of this title, the
officer or person shall take a sample or samples for the purpose of having the same analyzed or tested as provided in this
section. To obtain such sample or samples the officer or other person to whom the warrant is directed may cut pieces from
any such meat or flesh by the officer or person believed to be treated with or containing any drug or preparation within the
meaning of § 3317 of this title. The officer or other person to whom the warrant is directed, when taking a sample or samples
of meat or flesh, shall then and there divide the samples into 2 parts as nearly equal as may be, wrap the parts in separate
packages, seal the same and offer 1 of the parts to the person in whose custody the meat was when taken with a written notice
of the time, place and date, when and where the sample was taken, and that it was taken for the purpose of analyzing or testing
it. The other part of the sample, together with a written copy of the written notice, shall be delivered by the officer or
other person to whom the warrant is directed to the State Chemist, who shall cause the same to be analyzed or otherwise satisfactorily
tested, the result of which analysis or test the State Chemist shall record and preserve as evidence.
(d) The officer or other person to whom the warrant was directed shall, within 1 week after delivery to the State Chemist,
return the warrant with officer's or other person's proceedings thereunder and the costs and actual expenses endorsed thereon
to the justice of the peace or court, the costs to correspond in amount as nearly as may be with the costs to which an officer
serving a search warrant would thereby be entitled.
(e) After the sample has been delivered to the State Chemist, the State Chemist shall, with all convenient speed, analyze
or test the same and upon the completion thereof shall forward to the Attorney General a certificate of the result thereof,
duly verified by oath or affirmation, and the certificate so verified shall be admitted as evidence in any prosecution under
§§ 3317 and 3319 of this title.
(f) The provisions of this section relating to searches and seizures shall be subject to Chapter 23 of Title 11. If there
is any conflict or inconsistency between this section and such chapter, the latter shall prevail.
23 Del. Laws, c. 212, § 2; Code 1915, § 3525; Code 1935, § 4005; 16 Del. C. 1953, § 3318; 70 Del. Laws, c. 186, § 1.;
§ 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.;
§ 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 olemargarine 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.;
§ 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 that the complainant has probable cause to suspect and does suspect and believe that
any other person by that person's own self, or that person's agents or servants, has rendered or manufactured, sold, offered
or exposed for sale or has in that person's possession with intent to sell, contrary to § 3320 of this title, any article,
product or compound made in imitation of yellow butter and in the complaint describes the article, product or compound as
particularly as may be and designates the house or place where complainant suspects and believes the article, product or compound
is and the name of the person suspected, the justice of the peace or such court may, within the limits of the justice of the
peace or its jurisdiction, issue a warrant to search such house or place.
(b) The warrant shall be directed to any officer or to any other person by name for service and shall recite the essential
facts alleged in the complaint, and the officer or other person to whom it is directed for service shall proceed thereunder
as provided in subsection (c) of this section.
(c) The officer or other person to whom the warrant is directed may enter the house or place designated and if that officer
or person finds therein what that officer or person believes to be any article, product or compound made in imitation of yellow
butter, contrary to § 3320 of this title, that officer or person shall take a sample or samples thereof for the purpose of
having the same analyzed or tested as provided in this section. To obtain such sample or samples, the officer or other person
to whom the warrant is directed may open any can, vessel or package by that officer or person believed to contain such imitation
article, product or compound and take therefrom the sample or samples. The officer or other person to whom the warrant is
directed, when taking a sample or samples of the alleged imitation article, product or compound, shall then and there divide
the sample into 2 parts as nearly equal as may be, wrap the parts in separate packages, seal the same and offer 1 of the parts
to the person in whose custody the article was when taken with a written notice of the time, place and date, when and where
the sample was taken and that it was taken for the purpose of analyzing or testing it. The other part of the sample, together
with a copy of the written notice, shall be delivered by the officer or other person to whom the warrant is directed to the
State Chemist, who shall cause the same to be analyzed or otherwise satisfactorily tested, the result of which analysis or
test the State Chemist shall record and preserve as evidence.
(d) The officer or other person to whom the warrant was directed shall, within 1 week after delivery to the State Chemist,
return the warrant with that officer's or person's proceedings thereunder and that officer's or person's costs and actual
expenses endorsed thereon to the justice of the peace or court, the costs to correspond in amount as nearly as may be with
the costs to which an officer serving a search warrant would thereby be entitled.
(e) After the sample has been delivered to the State Chemist, the State Chemist shall, with all convenient speed analyze or
test the same and upon the completion thereof shall forward to the Attorney General a certificate of the result thereof duly
verified by oath or affirmation, and the certificate so verified shall be admitted as evidence in any prosecution under §
3320 of this title.
(f) This section relating to searches and seizures shall be subject to Chapter 23 of Title 11. If there is any conflict or
inconsistency between this section and such chapter, the latter shall prevail.
20 Del. Laws, c. 209, § 2; Code 1915, § 3528; Code 1935, § 4008; 16 Del. C. 1953, § 3321; 70 Del. Laws, c. 186, § 1.;
§ 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.;
§ 3323. Detention or embargo of article.
(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 food or drug as defined by this chapter
is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, or is in violation of
§ 3303, 3304, 3308 or 3309 of this title, the agent shall affix to such article a tag or other appropriate marking. This tag
or marking shall give notice that such article is, or is suspected of being, adulterated or misbranded and has been detained
or embargoed. The tag or other appropriate marking shall warn all persons not to remove or dispose of such article by sale
or otherwise until permission for removal or disposal is given by an authorized agent or the Court. It shall be unlawful for
any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.
(2) When an authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, the
agent shall remove the tag or other markings and it may be disposed of by sale or otherwise by the owner.
(b) When an article is adulterated or misbranded or is in violation of § 3303, 3304, 3308 or 3309 of this title, it shall
be liable to be proceeded against by petition to the justice of the peace or the judge of the Court of Common Pleas in whose
jurisdiction the article is located, detained or embargoed for a decree of condemnation of such article.
(c) If the Court finds that a sampled, detained or embargoed article is adulterated or misbranded, such article shall, after
entry of the decree, be destroyed at the expense of the owner thereof, under the supervision of an authorized agent. All court
costs and fees, and storage and other expenses, shall be charged against the owner of such article or the owner's agent. If
adulteration or misbranding can be corrected by proper labelling or processing of the article, the Court, after entry of the
decree may, by order, direct that such article be delivered to the owner thereof for such labelling or processing under the
supervision of an agent of the State Board of Pharmacy or the Department of Health and Social Services. Expense of such supervision
and any other costs, fees or expenses involved shall be paid by the owner. A sufficient bond shall be executed on the condition
that the articles shall be properly labelled or processed. The article shall be returned to the owner and the bond shall be
discharged on the representation to the Court by the Department of Health and Social Services or the Board of Pharmacy or
their authorized agents that the article is no longer in violation of this chapter, and that the expenses of such supervision
have been paid. The tag or markings described in paragraph (1) of subsection (a) of this section may then be removed.
(d) The Department of Health and Social Services or its authorized agents shall condemn or destroy, or otherwise render unsaleable
as human food, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any
filthy, decomposed or putrid substance, or that may be poisonous or deleterious to the health, or are otherwise unsafe. This
applies to food found in any room, building, vehicle of transportation or other structure. The cost of condemning, destroying
or rendering such food unsaleable shall be paid by the claimant.
63 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 149, § 151; 70 Del. Laws, c. 186, § 1.;
§ 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.;
(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.;
§ 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.;
§ 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.
32 Del. Laws, c. 190, § 3; Code 1935, § 3995; 16 Del. C. 1953, § 3303; 63 Del. Laws, c. 83, §§ 1, 2.;
§ 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.;
§ 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.;
§ 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 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.;
§ 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.
32 Del. Laws, c. 190, § 4; Code 1935, § 3997; 16 Del. C. 1953, § 3308; 63 Del. Laws, c. 83, §§ 3, 4.;
§ 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.;
§ 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.;
§ 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.;
§ 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.;
§ 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.;
§ 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.;
§ 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, and acts amendatory thereof [21 U.S.C. § 301 et seq.], 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.;
§ 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.;
§ 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.;
§ 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, alleging that the complainant has probable cause to suspect and does suspect and believe that
any person, by that person's own self or by that person's servants or agents, has sold or offered or exposed for sale or has
in that person's own possession with intent to sell, any meat or flesh of any animal to be used for food which has been treated
with or which contains any drug or preparation as mentioned in § 3317 of this title, and in the complaint describes such meat
as particularly as may be and designates the house or place where complainant suspects and believes such meat or flesh is
kept or sold and the name of the persons suspected, the justice of the peace or such court may, within the limits of the justice
of the peace's or its jurisdiction, issue a warrant to search such house or place.
(b) The warrant shall be directed to any officer or to any other person by name for service and shall recite the essential
parts alleged in the complaint, and the officer or other person to whom it shall be directed for service shall proceed thereunder
as provided in subsection (c) of this section.
(c) The officer or person to whom the warrant is directed may enter the house or place designated and, if the officer or person
finds therein what the officer or person believes to be any meat or flesh such as is described in § 3317 of this title, the
officer or person shall take a sample or samples for the purpose of having the same analyzed or tested as provided in this
section. To obtain such sample or samples the officer or other person to whom the warrant is directed may cut pieces from
any such meat or flesh by the officer or person believed to be treated with or containing any drug or preparation within the
meaning of § 3317 of this title. The officer or other person to whom the warrant is directed, when taking a sample or samples
of meat or flesh, shall then and there divide the samples into 2 parts as nearly equal as may be, wrap the parts in separate
packages, seal the same and offer 1 of the parts to the person in whose custody the meat was when taken with a written notice
of the time, place and date, when and where the sample was taken, and that it was taken for the purpose of analyzing or testing
it. The other part of the sample, together with a written copy of the written notice, shall be delivered by the officer or
other person to whom the warrant is directed to the State Chemist, who shall cause the same to be analyzed or otherwise satisfactorily
tested, the result of which analysis or test the State Chemist shall record and preserve as evidence.
(d) The officer or other person to whom the warrant was directed shall, within 1 week after delivery to the State Chemist,
return the warrant with officer's or other person's proceedings thereunder and the costs and actual expenses endorsed thereon
to the justice of the peace or court, the costs to correspond in amount as nearly as may be with the costs to which an officer
serving a search warrant would thereby be entitled.
(e) After the sample has been delivered to the State Chemist, the State Chemist shall, with all convenient speed, analyze
or test the same and upon the completion thereof shall forward to the Attorney General a certificate of the result thereof,
duly verified by oath or affirmation, and the certificate so verified shall be admitted as evidence in any prosecution under
§§ 3317 and 3319 of this title.
(f) The provisions of this section relating to searches and seizures shall be subject to Chapter 23 of Title 11. If there
is any conflict or inconsistency between this section and such chapter, the latter shall prevail.
23 Del. Laws, c. 212, § 2; Code 1915, § 3525; Code 1935, § 4005; 16 Del. C. 1953, § 3318; 70 Del. Laws, c. 186, § 1.;
§ 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.;
§ 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 olemargarine 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.;
§ 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 that the complainant has probable cause to suspect and does suspect and believe that
any other person by that person's own self, or that person's agents or servants, has rendered or manufactured, sold, offered
or exposed for sale or has in that person's possession with intent to sell, contrary to § 3320 of this title, any article,
product or compound made in imitation of yellow butter and in the complaint describes the article, product or compound as
particularly as may be and designates the house or place where complainant suspects and believes the article, product or compound
is and the name of the person suspected, the justice of the peace or such court may, within the limits of the justice of the
peace or its jurisdiction, issue a warrant to search such house or place.
(b) The warrant shall be directed to any officer or to any other person by name for service and shall recite the essential
facts alleged in the complaint, and the officer or other person to whom it is directed for service shall proceed thereunder
as provided in subsection (c) of this section.
(c) The officer or other person to whom the warrant is directed may enter the house or place designated and if that officer
or person finds therein what that officer or person believes to be any article, product or compound made in imitation of yellow
butter, contrary to § 3320 of this title, that officer or person shall take a sample or samples thereof for the purpose of
having the same analyzed or tested as provided in this section. To obtain such sample or samples, the officer or other person
to whom the warrant is directed may open any can, vessel or package by that officer or person believed to contain such imitation
article, product or compound and take therefrom the sample or samples. The officer or other person to whom the warrant is
directed, when taking a sample or samples of the alleged imitation article, product or compound, shall then and there divide
the sample into 2 parts as nearly equal as may be, wrap the parts in separate packages, seal the same and offer 1 of the parts
to the person in whose custody the article was when taken with a written notice of the time, place and date, when and where
the sample was taken and that it was taken for the purpose of analyzing or testing it. The other part of the sample, together
with a copy of the written notice, shall be delivered by the officer or other person to whom the warrant is directed to the
State Chemist, who shall cause the same to be analyzed or otherwise satisfactorily tested, the result of which analysis or
test the State Chemist shall record and preserve as evidence.
(d) The officer or other person to whom the warrant was directed shall, within 1 week after delivery to the State Chemist,
return the warrant with that officer's or person's proceedings thereunder and that officer's or person's costs and actual
expenses endorsed thereon to the justice of the peace or court, the costs to correspond in amount as nearly as may be with
the costs to which an officer serving a search warrant would thereby be entitled.
(e) After the sample has been delivered to the State Chemist, the State Chemist shall, with all convenient speed analyze or
test the same and upon the completion thereof shall forward to the Attorney General a certificate of the result thereof duly
verified by oath or affirmation, and the certificate so verified shall be admitted as evidence in any prosecution under §
3320 of this title.
(f) This section relating to searches and seizures shall be subject to Chapter 23 of Title 11. If there is any conflict or
inconsistency between this section and such chapter, the latter shall prevail.
20 Del. Laws, c. 209, § 2; Code 1915, § 3528; Code 1935, § 4008; 16 Del. C. 1953, § 3321; 70 Del. Laws, c. 186, § 1.;
§ 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.;
§ 3323. Detention or embargo of article.
(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 food or drug as defined by this chapter
is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, or is in violation of
§ 3303, 3304, 3308 or 3309 of this title, the agent shall affix to such article a tag or other appropriate marking. This tag
or marking shall give notice that such article is, or is suspected of being, adulterated or misbranded and has been detained
or embargoed. The tag or other appropriate marking shall warn all persons not to remove or dispose of such article by sale
or otherwise until permission for removal or disposal is given by an authorized agent or the Court. It shall be unlawful for
any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.
(2) When an authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, the
agent shall remove the tag or other markings and it may be disposed of by sale or otherwise by the owner.
(b) When an article is adulterated or misbranded or is in violation of § 3303, 3304, 3308 or 3309 of this title, it shall
be liable to be proceeded against by petition to the justice of the peace or the judge of the Court of Common Pleas in whose
jurisdiction the article is located, detained or embargoed for a decree of condemnation of such article.
(c) If the Court finds that a sampled, detained or embargoed article is adulterated or misbranded, such article shall, after
entry of the decree, be destroyed at the expense of the owner thereof, under the supervision of an authorized agent. All court
costs and fees, and storage and other expenses, shall be charged against the owner of such article or the owner's agent. If
adulteration or misbranding can be corrected by proper labelling or processing of the article, the Court, after entry of the
decree may, by order, direct that such article be delivered to the owner thereof for such labelling or processing under the
supervision of an agent of the State Board of Pharmacy or the Department of Health and Social Services. Expense of such supervision
and any other costs, fees or expenses involved shall be paid by the owner. A sufficient bond shall be executed on the condition
that the articles shall be properly labelled or processed. The article shall be returned to the owner and the bond shall be
discharged on the representation to the Court by the Department of Health and Social Services or the Board of Pharmacy or
their authorized agents that the article is no longer in violation of this chapter, and that the expenses of such supervision
have been paid. The tag or markings described in paragraph (1) of subsection (a) of this section may then be removed.
(d) The Department of Health and Social Services or its authorized agents shall condemn or destroy, or otherwise render unsaleable
as human food, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any
filthy, decomposed or putrid substance, or that may be poisonous or deleterious to the health, or are otherwise unsafe. This
applies to food found in any room, building, vehicle of transportation or other structure. The cost of condemning, destroying
or rendering such food unsaleable shall be paid by the claimant.
63 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 149, § 151; 70 Del. Laws, c. 186, § 1.;
§ 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.;