§ 8708 — Additional powers of Secretary

In order to accomplish the objective stated in § 8706 of this title the Secretary may:

(1) Remove inspectors from any establishment that fails to destroy condemned products as required under § 8707(2) of this title;

(2) Refuse to provide inspection service under this chapter with respect to any establishment for causes specified in § 401 of the Federal Meat Inspection Act [21 U.S.C. § 671] or § 18 of the federal Poultry Products Inspection Act [21 U.S.C. § 467];

(3) Order labeling and containers to be withheld from use if the Secretary determines that the labeling is false or misleading or the containers are of a misleading size or form;

(4) By regulations prescribe the sizes and style of type to be used for labeling information required under this chapter, and definitions and standards of identity or composition or standards of fill of container, consistent with federal standards, when the Secretary deems such action appropriate for the protection of the public and after consultation with the Secretary of Agriculture of the United States;

(5) By regulations prescribe conditions of storage and handling of livestock products and poultry products by persons engaged in the business of buying, selling, freezing, storing, or transporting such articles in or for intrastate commerce to assure that such articles will not be adulterated or misbranded when delivered to the consumer;

(6) Require that equines be slaughtered and prepared in establishments separate from establishments where other livestock are slaughtered or their products are prepared;

(7) By regulations require that every person engaged in business in or for intrastate commerce as a broker, renderer, animal food manufacturer, or wholesaler or public warehouseman of livestock products or poultry products, or engaged in the business of buying, selling or transporting in intrastate commerce any dead, dying, disabled or diseased livestock or poultry or parts of the carcasses of any such animals (including poultry) that died otherwise than by slaughter shall register with the Secretary such person’s name and the address of each place of business at which and all trade names under which such person conducts such business;

(8) Adopt by reference or otherwise such provisions of the rules and regulations under the federal acts (with such changes therein as the Secretary deems appropriate to make them applicable to operations and transactions subject to this chapter) which shall have the same force and effect as if promulgated under this chapter, and promulgate such other rules and regulations as the Secretary deems necessary for the efficient execution of this chapter, including rules of practice providing opportunity for hearing in connection with issuance of orders under § 8707(5) of this title or paragraphs (1), (2) or (3) of this section and prescribing procedure for proceedings in such cases; provided, that this shall not preclude a requirement that a label or container be withheld from use, or a refusal of inspection, under § 8707(5) of this title or paragraphs (1) or (3) of this section pending issuance of a final order in any such proceeding;

(9) Appoint and prescribe the duties of such inspectors and other personnel as the Secretary deems necessary for the efficient execution of the provisions of this chapter;

(10) Cooperate with the Secretary of Agriculture of the United States in administration of this chapter to effectuate the purposes stated in § 8706 of this title;

(11) Recommend to the Secretary of Agriculture of the United States for appointment to the advisory committees, provided for in the federal acts, such officials or employees of the Department as the Secretary shall designate;

(12) Serve as the representative of the Governor for consultation with the Secretary of Agriculture of the United States under paragraph (c) of § 301 of the Federal Meat Inspection Act [21 U.S.C. § 661(c)] and paragraph (c) of § 5 of the federal Poultry Products Inspection Act [21 U.S.C. § 454(c)] unless the Governor selects another representative;

(13) Exempt the operations of any person from inspection or other requirements of this chapter if and to the extent such operations would be exempt from the corresponding requirements under the Federal Meat Inspection Act [21 U.S.C. § 601 et seq.] or the federal Poultry Products Inspection Act [21 U.S.C. § 451 et seq.] if they were conducted in or for interstate commerce or if the State were designated under the federal acts as one in which the federal requirements apply to intrastate commerce;

(14) May exempt the following types of operations from inspection:

a. Slaughtering and preparation by any person of livestock and poultry of such person’s own raising exclusively for use by such person and members of such person’s household, and such person’s nonpaying guests and employees; and

b. Any other operations which the Secretary may determine would best be exempted to further the purposes of this chapter, to the extent such exemptions conform to the Federal Meat Inspection Act [21 U.S.C. § 601 et seq.] and the federal Poultry Products Inspection Act [21 U.S.C. § 451 et seq.] and the regulations thereunder.

Legislative History

3 Del. C. 1953, § 8706; 57 Del. Laws, c. 500, § 1 ; 84 Del. Laws, c. 42, § 33