SPONSOR:

Rep. Schwartzkopf & Rep. Longhurst & Rep. Mitchell & Rep. Baumbach & Rep. Shupe & Rep. Spiegelman & Sen. Paradee & Sen. Sturgeon & Sen. Lopez

Reps. Cooke, Heffernan, Lynn, Brady, Bolden, Carson, Dukes, Ramone, Yearick; Sens. Hansen, Cloutier, Pettyjohn

HOUSE OF REPRESENTATIVES

150th GENERAL ASSEMBLY

HOUSE BILL NO. 275

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DEPARMENT OF HEALTH AND SOCIAL SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 1, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 122 Powers and duties of the Department of Health and Social Services.

The Department shall have the following general powers and duties:

(3) Adopt, promulgate, amend, and repeal regulations consistent with law, which regulations shall not extend, modify, or conflict with any law of this State or the reasonable implications thereof, and which shall be enforced by all state and local public health officials, to:

u.

1. Promulgate and enforce standards to regulate food establishments which may include, but are not limited to, restaurants, caterers, temporary food vendors, grocery stores, food vending machines, ice manufacturers and cottage industries that prepare or handle food for human consumption whenever it is determined that said food represents a hazard to the public health.

A. Notwithstanding any regulation to the contrary, the owner of a food establishment or beer garden may permit leashed dogs in the owner's beer garden or on the owner’s licensed outdoor patio.

SYNOPSIS

This bill permits the owner of a beer garden or food establishment to permit leashed dogs on licensed outdoor patios of food establishments and in beer gardens.