CHAPTER 98 - STATE BOARD OF HEALTH, CONTRACEPTIVES

AN ACT MAKING IT LAWFUL TO GIVE INFORMATION RELATING TO CONTRACEPTION, AND TO PRESCRIBE CONTRACEPTIVES UNDER CERTAIN CONDITIONS.

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

Section 1. It shall be unlawful for any person, copartnership, corporation, enterprise or association of any character (except as provided in Section 3 hereof) to sell, give away, or otherwise distribute to the public, in stores, on the streets, by vending machine, by peddling from house to house, or in any public place or office building, or in any manner whatsoever, any appliance, drug or medicinal preparation intended or having special utility for the prevention of conception and/or venereal disease.

Section 2. It shall be unlawful for any person, copartnership, corporation, enterprise or association of any character to exhibit, display or expose for sale any appliance, drug or medicinal preparation intended or having special utility for the prevention of conception and/or venereal disease, or to exhibit, display or expose any container, or package therefor descriptive or suggestive of the contents, or to advertise the sale of the same by any placards, billboards, hand-bills, newspapers, periodicals, signs, or by any means of publication either visual or auditory, and either individually or by broadcast.

Section 3. The prohibition expressed in Section 1 of this Act shall not apply to wholesale druggists specifically licensed by the State of Delaware, to the extent that such druggists are permitted to sell or distribute appliances, drugs and medicinal preparations of the character specified in Section 1 hereof only to regularly licensed drug stores, and only such appliances, drugs and medicinal preparations of the character specified in Section 1 hereof as conspicuously bear the identification of the manufacturer thereon or on the retail container thereof; nor shall the prohibition specified in Section 1 of this Act apply to the sale or distribution of such appliances, drugs or medicinal preparations by regularly licensed physicians in the normal and usual course of the practice of their profession; nor shall the prohibition specified in Section 1 of this Act apply to the sale or distribution of such appliances, drugs or medicinal preparations at retail by drug stores or pharmacies provided such sales are made from the prescription counters of such drug stores or pharmacies and by a registered pharmacist there employed, and only to persons eighteen years of age and upwards.

Section 4. Any person, copartnership, corporation, enterprise, or association violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and if a corporation, any officer thereof who knowingly participates in such violation shall be deemed guilty in like manner, and on conviction thereof shall be fined not less than Twenty-five dollars ($25.00) nor more than One Hundred Dollars ($100.00) and each day any violation of any section of this Act shall continue shall constitute a separate and distinct offense. Jurisdiction of any offense for the violation of any of the provisions of this Act and the right of appeal shall be as provided in Chapter 71, Volume 34, Laws of Delaware.

Approved May 1, 1935.