(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.

Terms Used In Delaware Code Title 16 Sec. 3315

  • 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. See Delaware Code Title 16 Sec. 3301
  • Food: includes all articles used for food, drink, ice, confectionery or condiment by humans or other animal, whether simple, mixed or compound. See Delaware Code Title 16 Sec. 3301
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

(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 [21 U.S.C. § 301 et seq.], and acts amendatory thereof, 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;