AN ACT TO AMEND ARTICLE 27 OF CHAPTER 100 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO PURE FOOD, BY PRESCRIBING THE TERMS AND CONDITIONS UPON WHICH OLEOMARGARINE, EITHER WHITE OR YELLOW IN COLOR, MAY BE MANUFACTURED, SOLD, SERVED IN EATING HOUSES, AND DISPLAYED FOR SALE.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Article 27 of Chapter 100 of the Revised Code of Delaware, 1935, relating to Pure Food, be and the same hereby is amended by repealing the whole of 4007, Sec. 112 of said Article and Chapter and by inserting in lieu thereof the following to be known as 4007, Sec. 112:
4007. Sec.112. Oleomargarine; Manufacture Or Sale Of Imitation Of Butter Unlawful; Regulations; Violation A Misdemeanor; Penalty:--No person, by himself or his agents or servants, shall render or manufacture, sell, offer for sale, expose for sale or have in his possession with intent to sell, any article, product, or compound made wholly or partly out of any fat, oil or oleaginous substance, or compound thereof, not produced from unadulterated milk, or cream from the same, which shall be in imitation of yellow butter produced from pure unadulterated milk or cream from the same; PROVIDED, that nothing in Sections 112 to 114, inclusive, shall be construed to prohibit the manufacture or sale of oleomargarine, whether yellow or white, in a separate and distinct form in such manner as will advise the consumer of its real character. No oleomargarine shall be sold in open tubs or containers. Every retail dealer in oleomargarine shall exhibit, in conjunction with any display of packaged oleomargarine being offered for sale, a placard with the word "oleomargarine" in plain uncondensed Gothic letters not less than one inch high. No package of oleomargarine shall contain the word "butter" or any imitation or simulation thereof, or any picture or reproduction of a cow, or any name or simulation of the name of any dairy breed of cattle, or any name or term normally used in the dairy industry. No owner or proprietor of any public eating place shall serve yellow oleomargarine unless a notice that oleomargarine is served, is displayed prominently on the menu or on a placard in clear view of all customers. As used in this act the tekm "oleomargarine" shall be deemed applicable to the food product known as "margarine" and any requirement herein contained for labeling or display of the word "oleomargarine" shall be deemed sufficiently complied with by the use of the word "margarine." If any person shall violate any provision of this section he shall be deemed guilty of a misdemeanor and shall be punishable in the Court of General Sessions as provided in this Article.