CHAPTER 55
BOARDS OF HEALTH
HEALTH BOARDS AND REGULATIONS
AN ACT to Amend Chapter 25 of the Revised Code of the State of Delaware, being an Act relating to the State Board of Health. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: That Chapter 25 of the revised code of the State of Delaware be and the same is hereby amended by adding thereto the following sections to be styled as: 780A Section 45A, 780B Section 45B, 78oC Section 45C, 780D Section 45D, 78oE Section 45E, 78oF Section 45F, 78oG Section 45G, 780H, Section 45H, 7801 Section 451, 780j, Section 45J, 780K Section 45K.
780A, Section 45A. That no person, firm or corporation shall manufacture for sale in bottles or jugs any soft drink or other non-alcoholic beverage (except apple cider) within this State without having first applied for and having received a license from the State Board of Health. Said application shall contain the name of the applicant, his address, and the location of his manufacturing plant or plants, the name of oar the beverage or beverages manufactured, and such other pertinent information as shall be prescribed by the State Board of Health in pursuance of the provisions of this Act. The application shall be accompanied by a fee of twenty-five Fee dollars ($25.00), upon receipt of which application and fee the State Board of Health shall issue to said applicant a license for the manufacture of the beverages mentioned in this section. Said license shall extend for one year from the date of its issue, unless sooner revoked, as herein provided, and shall be renewed annually thereafter. A license may be denied annually at the time of application if the establishment of the applicant is known to be in an unsanitary condition or if the water supply is known to be dangerously polluted. No soft drink or other non-alcoholic beverage (except apple cider) not manufactured in this State shall be sold or offered for sale in the State of Delaware, unless same is first inspected and registered with the State Board of Health, and an inspection fee of five Fee dollars ($5.00) for each such drink or other non-alcoholic beverage bearing a distinguishing flavor or name shall be paid by said manufacturer, his agent or dealer, to the State Renewed Board of Health, same to be renewed annually.
780B. Section 45B. That all moneys collected by the State Board of Health under the provisions of this Act shall be paid into the State Treasury.
780C, Section 54C*. That persons, firms, or corporations granted a license to manufacture soft drinks or other non- alcoholic beverages must comply with the following requirements:
(a) Every building, room, basement or cellar occupied or used for the preparation for sale, manufacture, packing, storage, sale or distribution of any drink products shall be properly lighted, drained, plumbed and ventilated and conducted with due regard for the purity and wholesomeness of the products therein produced, and with strict regard to the influence of such conditions upon the health of the operatives, employees, clerks or other persons therein employed. The term "Drink Products" as used herein shall include all waters, beverages, soft drinks and like products, whether simple mixed or compound, and all substances or ingredients used in the preparation thereof.
(b) The floors, side walls, ceilings, furniture, receptacles, implements and machinery of every establishment where drink products are manufactured, packed, stored, sold or distributed shall at all times be kept in a clean, healthful and sanitary condition.
*So enrolled.
(c) Drink products in the process of manufacture, preparation, packing, storing, sale or distribution must be securely protected from flies, dust, dirt, and, as far as may be necessary, from all other foreign or injurious contamination.
(d) All refuse, dirt and waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling and distribution of drink products must be removed from the premises daily.
(e) All bottles, jugs, barrels and other containers used in the packing, storage, distribution and sale of drink products must be cleansed with water containing a detergent or cleansing mixture, and before filling with food product must be sterilized with boiling water, live steam or a solution or sodium hypo- chlorite, or by some other effective system which meets with the approval of the Board of Health. It is provided, however, that when bottles are washed by machine with the water at a temperature of at least 125° F. and containing a cleansing mixture of a strength equivalent to at least 2½ % caustic soda, and are rinsed with clean, pure water, sterilization with steam, hot water or sodium hypochlorite may be dispensed with. All water used for rinsing must be potable and of good sanitary quality. The cleansing solution must be changed frequently so as to prevent its becoming foul and insanitary.
(f) The clothing of operatives, employees, clerks or other persons must be clean.
(g) The side walls and ceilings in that part of bottling establishments in which the beverages or syrups are manufactured shall be kept oil painted or well lime-washed, and all interior woodwork in every bottling establishment shall be kept washed and cleansed with soap and water, and every building, room, basement or cellar occupied for use in the preparation, manufacture, packing, storage, sale or distribution of drink products shall have an impermeable floor made of cement or tile, laid in cement, brick, wood, or other suitable non-absorbent material which can be flushed and washed clean with water.
(h) The floors, windows and other openings of syrup rooms or any part of a bottling establishment used in the manufacture or mixing of syrups and extracts, etc., shall be fitted with self-closing screen doors and wire window screens made with wire of not less than fourteen meshes to the inch.
(i) No employer shall knowingly permit, require or suffer any person to work in a bottling establishment who is afflicted with any contagious or infectious disease, or with any skin disease.
(j) Every bottling establishment shall be provided with or have available for use a convenient washroom and toilet of sanitary construction, but such toilet shall be entirely separate and apart from any room used for the manufacture or storage of drink products.
780D, Section 45D. That all licenses granted shall be numbered, and name of town numbered and bear the name of the town or city and the street and displayed in conspicuous address where the establishment is located, and all permits so place granted shall be displayed in a conspicuous place on the premises so covered:
All delivery trucks and wagons maintained by persons holding permits shall be kept clean and shall bear the permit number and the name of the town or city where the establishment is located.
780E, Section 45E. That the State Board of Health shall have the power to revoke any license issued under the licenses, when provisions of this Act whenever it is determined by itself or the Pathologist and Bacteriologist, Chemist or other properly qualified officials that any of the provisions of this Act have been violated. Any person, firm or corporation whose license has been so revoked, shall discontinue the manufacture or sale within this State of soft drinks, syrups or other non-alcoholic beverages until the provisions of this Act have been complied with and a new license issued. The State Board of Health may revoke such license temporarily until there is a compliance with such conditions as it may prescribe or permanently for the unexpired period of such license.
780F, Section 45F. That before revoking any license the State Board of Health shall give written notice to the licensee affected, stating that it contemplated the revocation of the same and giving its reason therefor. Said notice shall appoint a time of hearing before said Board or its Deputies, hearings and shall be mailed by registered mail to the licensee. On the day of hearing the licensee may present such evidence to the State Board of Health as he deems fit, and after hearing all the testimony, the State Board of Health shall decide the question in such a manner as to it appears just and right.
780G, Section 45G. That any licensee who feels aggrieved at the State Board of Health may appeal front said hoard decision within ten days by writ of certiorari to the Supreme Court of the County where licensee resides, and issue shall be framed in said Court and a trial had, and its decision shall be final. 780H, Section 45H. That the use of saccharine, dulcin, glucin and other artificial sweeteners is prohibited.
780I, Section 451. That for the purpose of this Act all soft drinks or other non-alcoholic beverages, except non- used alcoholic fruit juices, shall consist of a beverage made from pure cane or beet sugar syrup or such other sweetening liquids or substances as shall be permitted by the regulations of the State Board of Health, containing pure flavoring material with or without added fruit acid, with or without added color, provided that nothing in this Act shall prohibit the use of any other harmless ingredient in the manufacture of soft drinks or other non-alcoholic beverages. The provisions of this section shall not apply to non-alcoholic beverages, made in imitation of beer, bitter drinks and other similar drinks. It is provided further that when artificial coal tar colors are used nothing but the certified colors as approved by the Federal Govern
780J, Section 45J. That the Pathologist and Bacteriologist of the State Board of Health shall be charged with the act of enforcement of the provisions of this Act.
780K, Section 45K. Nothing in this Act shall apply to persons, firms or corporations operating a soda fountain, provided the soft drinks there manufactured shall be used on the premises.
Approved March 30, A. D. 1923.