§ 3315 — Enforcement agencies; rules and regulations [Effective until June 30, 2026]

(a) The Department of Health and Social Services shall enforce all the provisions of this chapter and shall promulgate rules and regulations to carry out the same so far as they relate to foods. The 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 [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.

Legislative History

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