Delaware General Assembly

CHAPTER 228.

GENERAL PROVISIONS RESPECTING THE POLICE. CANNERY INSPECTOR.

AN ACT Providing for the Sanitation of Factories In which the business of Packing and Preserving Fruits, Vegetables or By-products thereof, is carried on.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That from and after the approval of this Act all matters and things hereinafter set forth 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 under the supervision of a "Cannery Inspector," and said "Cannery Inspector" is hereby vested with power and authority to carry into effect the provisions hereof.

Section 2. That on or before the first day of June, A. D. 1915, and on or before the first day of June biennially thereafter, the Governor shall appoint and assign an efficient person, who shall be a citizen of this State, and one who has a thorough knowledge of the canning business, who shall be known and designated by the official title of "Cannery Inspector." He shall hold office for one year from the first day of June, or he may be dismissed and his commission revoked at any time, for cause, by the Governor.

Section 3. It shall be the duty of the "Cannery Inspector" to visit and 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 to enforce the correction of all unsanitary conditions and practices found therein ; and it shall be his special duty to enforce the laws, rules and regulations provided in this Act.

The "Cannery Inspector" shall make a written report to the Governor of each and every violation of this law immediately upon such violation being made, and he shall also make an annual report to the Governor on or before the first day of January in each and every year. The annual report shall set forth the condition of each factory as to sanitation, whether the provisions of this Act are being complied with, and such other matters and things as may be relevant thereto, and he shall furnish such other information concerning this Act, from time to time, as may be required by the Governor.

Section 4. The "Cannery Inspector" shall, on the first day of October in each year, furnish to each person, firm or corporation operating a factory affected by this Act, that shall have complied with the provisions hereof during the year immediately preceding said first day of October, a Certificate of Inspection under the hand of the "Cannery Inspector," 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.

Section 5. The "Cannery Inspector" in the discharge of his duties under the provisions hereof, shall be governed by the following rules and regulations, which are hereby made the law of this State:

All persons, firms or corporations, operating factories affected by this Act, shall be subject to the following rules, regulations and requirements.

All rooms in which fruits, vegetables, or by-products thereof, are packed and preserved, and in which manufacturing is actually carried on, shall be provided with smooth, water-tight floors which can be properly cleansed.

Adequately equipped wash stations and places where employees may change their clothing and hang the clothes not in use, shall be provided for male and female employees. These wash stations shall be provided with sufficient water, soap and sanitary towels.

Separate toilet rooms shall be maintained for male and female employees.

Living quarters, if provided by the canner, shall have water-proof roofs and tight board floors, and shall be provided with ample light and ventilation, and provision shall be made therein for the proper separation and privacy of sexes.

Adequate drainage shall be provided to lead all waste liquids outside and away from the buildings.

All machinery used shall be kept in a clean and sanitary condition by the use of steam or water, and also all floors and toilet rooms shall be kept in a sanitary condition.

No litter, drainage or waste matter of any kind shall be allowed to collect in or around the buildings, and the surroundings shall be kept in a clean and sanitary condition. Occupants of living quarters provided by the canner shall be required to keep the same in a clean and sanitary condition.

Employees in factories affected by the provisions of this Act shall be subject to the following rules, regulations and requirements:

Employees are prohibited from smoking or spitting in any room in the cannery where foods are being prepared for canning.

Female employees who work where foods are being prepared for canning shall wear clean aprons or dresses made of washable fabrics and shall also wear clean, washable caps over the hair.

Employees with infected wounds in the hands or arms are prohibited from handling food products, or the containers in which they are placed, before such containers are sealed or capped. Clean cuts, which are not infected shall be covered with rubber cots securely fastened.

Section 6. The "Cannery Inspector" shall have prepared and printed, abstracts of this law, and shall furnish every person, firm or corporation in this State, *effected [*affected] by this Act, with a reasonable number of printed abstracts, and such printed abstracts shall be posted in at least five conspicuous places in each factory affected by this Act, 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 the law as affects the employees, shall also be posted in languages with which they are familiar, and such translations shall be furnished by the said "Cannery Inspector" upon application by the owner.

Section 7. Whenever any person, firm, corporation shall violate any of the provisions of this Act the said "Cannery Inspector" shall cause the person, firm or corporation so violating to be prosecuted in the Court of General Sessions of the County where the offense is committed.

Provided, however, that in any such case, the "Cannery Inspector," in his discretion, may, instead of prosecuting such person, firm or corporation, close the factory in which such violation 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 "Cannery Inspector."

The "Cannery Inspector" is hereby authorized and empowered to enforce this provision, and if necessary, to call to his assistance the Sheriff of any County or any Constable within the State of Delaware.

Should any person, firm or corporation engaged in the canning business, whose factory should be ordered closed by the "Cannery Inspector," under the provisions hereof, resist the authority of the said "Cannery Inspector" or Sheriff or Constable deputized by him, such person, firm or corporation shall be deemed guilty of a misdemeanor, and upon conviction thereof, in the Court of General Sessions of the State of Delaware, be fined in a sum not less than Fifty Dollars or more than One Hundred Dollars, and imprisoned for a term not exceeding thirty days.

It shall be the duty of the Sheriffs and Constables of the respective Counties of the State to assist the "Cannery Inspector" in enforcing this provision whenever they shall be called upon by him.

Section 8. Any person, firm or corporation who violates any of the provisions of this Act, or refuses, neglects or fails to comply with the provisions and requirements hereof, shall be deemed guilty of a misdemeanor and upon conviction thereof in the Court of General Sessions of the State of Delaware, shall for the first offense be fined not less than Twenty-five Dollars nor more than One Hundred Dollars; for the second offense not less than One Hundred Dollars nor more than One Hundred and Fifty Dollars.

If any person, firm or corporation engaged in the canning business within the provisions of this Act, shall be convicted a third time for any violation of this Act, the Court of General Sessions is hereby authorized and empowered to close the factory in which such third offense is committed, and the person, firm or corporation convicted as aforesaid, may be prohibited from engaging in the canning business within the provisions of this Act until further order of the said Court of General Sessions.

Section 9. That the "Cannery Inspector" provided for in this Act, be and is hereby authorized and empowered to enter upon the premises of any factory in this State engaged in the business herein set forth, for the purpose of inspecting and enforcing the provisions of this Act, and any person, firm or corporation engaged in the business aforesaid, refusing access to the said officer, or in any way interfering with said officer in the exercise of his duties, when *over [*other] penalties are not provided in this Act, shall be guilty of a misdemeanor and upon conviction thereof in the Court of General Sessions, shall be fined in a sum not exceeding One Hundred Dollars for each offense. In default of the payment of any fine that may be imposed under the provisions of this Act, imprisonment may be imposed, for a term, in the discretion of the Court, in lieu thereof.

Section 10. That the annual salary of the "Cannery Inspector" shall be One Thousand Dollars, payable in quarterly installments of Two Hundred and Fifty Dollars each. There shall also be allowed to the "Cannery Inspector" for contingent expenses the sum of Five Hundred Dollars, to be paid to him in like quarterly installments.

The salary and contingent expenses aforesaid shall be paid by the State Treasurer out of moneys in the Treasury not otherwise appropriated.

Section 11. That the sum of Fifteen Hundred Dollars be, and the same is, hereby appropriated annually out of any moneys in the State Treasury, not otherwise appropriated, for the purpose of carrying into effect the provisions of this Act.

Section 12. That this Act shall be deemed and taken to be a Public Act.

Section 13. That all Acts and parts of Acts inconsistent with this Act are hereby repealed.

Approved March 29, A. D. 1915.