CHAPTER 54
STATE BOARD OF HEALTH
AN ACT to safeguard the distribution and sale of certain dangerous caustic or corrosive acids, alkalis, and other substances in the State of Delaware.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That in this act, unless the context or subject matter otherwise requires,
A. The term "dangerous caustic or corrosive substance" means each and all of the acids, alkalis, and substances named below (a) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCI) in a concentration of ten per centum or more; (b) Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (11,SO4) in a concentration of ten per centum or more; (c) Nitric Acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five per centum or more; (d) Carbolic acid (C,H2OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five per centum or more; (e) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (1-1,C04) in a concentration of ten per centum or more; (1) Any salt of oxalic acid and any preparation containing any such salt in a concentration of ten per centum or more; (g) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC,1180,) in a concentration of twenty per centum or more; (h) Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield ten per centum or more by weight of available chlorin excluding calx chlorinata, bleaching powder, and chloride of lime; (i) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of ten per centum or more; (j) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of ten per centum or more; (k) Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of five per centum or more, and (1) Ammonia water and any preparation yielding free or chemically uncombined ammonia (NH), including ammonium hydroxide and "hartshorn," in a concentration of five per centum or more.
B. The term "misbranded parcel, package, or container" means a retail parcel, package, or container of any dangerous caustic or corrosive substance for household use, not bearing a conspicuous, easily legible label or sticker, containing (a) the name of the article; (b) the name and place of business of the manufacturer, packer, seller, or distributor; (c) the word "POISON," running parallel with the main body of reading matter on said label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than 24 point size, unless there is on said label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker, and (d) directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance.
Section 2. It shall be unlawful for any person to sell, barter, or exchange, or receive, hold, pack, display, or offer for sale, barter or exchange, in the State of Delaware, any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, said parcel, package, or container being designed for household use, provided, that household products for cleaning and washing purposes, subject to this Act and labeled in accordance therewith, may be sold, offered for sale, held for sale and distributed in this State by any dealer, wholesale or retail.
Section 3. Any person violating the provisions of this act shall upon conviction thereof be punished by a fine of not more than two hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment, in the discretion of the Court.
Section 4. The State Board of Health be and it is hereby authorized and empowered to approve and register such brands and labels intended for use under the provisions of this act as may be submitted to it for that purpose and as may in its judgment conform to the requirements of this statute; Provided, however, that in any prosecution under this act the fact that any brand or label involved in said prosecution has not been submitted to said State Board of Health, for approval, or if submitted, has not been approved by it, shall be immaterial.
Section 5. This act may be cited as the "Delaware Caustic Alkali or Acid Act of 1927."
Section 6. This act shall take effect six months after the date of its enactment and approval of the Governor.
Section 7. That from and after the date when this Act takes effect, all acts and parts of acts contrary to and inconsistent with the provisions of this act be and the same hereby are repealed.
Approved February 23, A. D. 1927.