TITLE 16

Health and Safety

Food and Drugs

CHAPTER 35. CANNERIES AND OTHER FOOD PROCESSING ESTABLISHMENTS


This chapter, relating to the sanitation of factories or establishments within this State in which fruits, vegetables or by-products thereof are packed and preserved in tin or glass cans or jars or other containers to be sold as food, shall be implemented by and under the supervision of the Department of Health and Social Services.

28 Del. Laws, c. 228, § 1; Code 1935, § 4075; 16 Del. C. 1953, § 3501; 70 Del. Laws, c. 149, § 152.;

The Department of Health and Social Services shall inspect, at reasonable hours and as often as practicable, all factories and establishments in this State in which fruits, vegetables or by-products thereof are packed and preserved in tin or glass cans or jars or other containers to be sold as food, and shall enforce the correction of all unsanitary conditions and practices found therein. The Department of Health and Social Services shall enforce the laws, rules and regulations provided in this chapter.

28 Del. Laws, c. 228, § 3; Code 1935, § 4077; 16 Del. C. 1953, § 3502; 70 Del. Laws, c. 149, §§ 153, 154.;

The Department of Health and Social Services shall, on the 1st day of October in each year, furnish to each person operating a factory affected by this chapter, who has complied with this chapter during the year immediately preceding the 1st day of October, a certificate of inspection under the hand of the Department of Health and Social Services setting forth that such factory has been inspected and all laws, rules and regulations for the year immediately preceding the date of the certificate have been fully complied with.

28 Del. Laws, c. 228, § 4; Code 1935, § 4078; 16 Del. C. 1953, § 3503; 70 Del. Laws, c. 149, §§ 155, 156.;

The Department of Health and Social Services may promulgate and enforce standards to regulate food processing establishments which may include, but are not limited to, canneries, factories and cottage industries that process food for human consumption whenever it is determined that said food represents a hazard to the public health.

28 Del. Laws, c. 228, § 5; Code 1935, § 4079; 16 Del. C. 1953, § 3504; 70 Del. Laws, c. 149, § 157; 71 Del. Laws, c. 85, § 3.;

The Department of Health and Social Services shall have prepared and printed abstracts of rules, regulations and requirements prescribed in §§ 3505 and 3506 of this title and shall furnish every person in this State affected by this chapter with a reasonable number of printed abstracts, and such printed abstracts shall be posted in at least 5 conspicuous places in each factory affected by this chapter and they shall be kept posted in plain view so that they can be easily read by the employees. If persons are employed who do not understand the English language, suitable translations, or so much of such rules, regulations and requirements as affect the employees, shall also be posted in languages with which they are familiar. Such translations shall be furnished by the Department of Health and Social Services upon application by the owner.

28 Del. Laws, c. 228, § 6; Code 1935, § 4080; 16 Del. C. 1953, § 3507; 70 Del. Laws, c. 149, §§ 158, 159; 71 Del. Laws, c. 85, § 4.;

(a) The Department of Health and Social Services, by its agent or representative, may enter upon the premises of any factory in this State engaged in the canning business for the purpose of inspecting and enforcing this chapter.

(b) Any person engaged in the canning business refusing access to the agent or representative of the Department of Health and Social Services or in any way interfering with such agent or representative in the exercise of the agent's or representative's duties, when other penalties are not provided in this chapter, shall, for each offense, be fined not more than $100. In default of the payment of any fine that may be imposed under this chapter, imprisonment may be imposed for a term, in the direction of the court, in lieu thereof.

28 Del. Laws, c. 228, § 9; Code 1935, § 4083; 16 Del. C. 1953, § 3508; 70 Del. Laws, c. 149, § 160; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 85, § 4.;

The Department of Health and Social Services may enforce this chapter and, if necessary, call to its assistance the sheriff of any county or any constable within the State. The sheriffs and constables of the respective counties of the State shall assist the Department of Health and Social Services in enforcing this chapter whenever they shall be called upon by the Department of Health and Social Services.

28 Del. Laws, c. 228, § 7; Code 1935, § 4081; 16 Del. C. 1953, § 3509; 70 Del. Laws, c. 149, §§ 161, 162; 71 Del. Laws, c. 85, § 4.;

(a) Whoever violates this chapter or refuses, neglects or fails to comply with this chapter shall, for the first offense, be fined not less than $25 nor more than $100, for the second offense not less than $100 nor more than $150.

(b) If any person engaged in the canning business within the provisions of this chapter is convicted a third time for any violation of this chapter, the Superior Court may close the factory in which such third offense is committed, and the person convicted may be prohibited from engaging in the canning business until further order of the Court.

28 Del. Laws, c. 228, § 8; Code 1935, § 4082; 16 Del. C. 1953, § 3510; 71 Del. Laws, c. 85, § 4.;

Whenever any person violates any of this chapter the Department of Health and Social Services shall cause the person so violating to be prosecuted in a court having jurisdiction in the county where the offense is committed.

28 Del. Laws, c. 228, § 7; Code 1935, § 4081; 16 Del. C. 1953, § 3511; 70 Del. Laws, c. 149, § 163; 71 Del. Laws, c. 85, § 4.;

In any case the Department of Health and Social Services, in its discretion, may, instead of prosecuting a person, close the factory in which a violation of this chapter occurs and may cause all work therein to be discontinued until such violations are discontinued or until such changes as may be necessary to make the factory sanitary are made, as directed by the Department of Health and Social Services.

28 Del. Laws, c. 228, § 7; Code 1935, § 4081; 16 Del. C. 1953, § 3512; 70 Del. Laws, c. 149, § 164; 71 Del. Laws, c. 85, § 4.;

Should any person engaged in the canning business whose factory should be ordered closed by the Department of Health and Social Services under § 3510 of this title, resist the authority of the Department of Health and Social Services or sheriff or constable deputized by the Department, such person shall be fined not less than $50 nor more than $100 and imprisoned not more than 30 days.

28 Del. Laws, c. 228, § 7; Code 1935, § 4081; 16 Del. C. 1953, § 3513; 70 Del. Laws, c. 149, § 165; 71 Del. Laws, c. 85, § 4.;

Transferred.