CHAPTER 108

AN ACT TO AMEND CHAPTER 43, TITLE 21, DELAWARE CODE RELATING TO EQUIPMENT AND CONSTRUCTION OF VEHICLES BY PROVIDING FOR A NEW SUBCHAPTER THERETO ENTITLED "BRAKE FLUIDS."

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 43, Title 21, Delaware Code is amended by adding a new Sub-chapter V thereto as follows:

SUB-CHAPTER V. BRAKE FLUIDS

§ 4381. Definitions

(a) "Brake Fluid" means the liquid medium through which force is transmitted in the hydraulic brake system of any motor vehicle operated on the highways of this State.

(b) "Container" means any receptable in which brake fluid is immediately contained for sale, but does not include a carton or wrapping containing several such receptacles or a tank car or truck.

(c) "Labeling" includes all written, printed or graphic representations, in any form whatsoever, imprinted upon or affixed to any container of brake fluid or accompanying any brake fluid.

§ 4382. Prohibition

No person shall sell, have for sale, offer for sale, distribute or add to the hydraulic brake system of a motor vehicle in this State, any brake fluid which is misbranded or adulterated.

§ 4383. Misbranding

A brake fluid shall be deemed to be misbranded if its labeling is false or misleading in any particular and unless the container in which it is packed for sale bears a label containing in clear and legible type the following:

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(a) The name and address of a manufacturer, packer, seller or distributor.

(b) The words "Brake Fluid" and the designation "Heavy Duty."

(c) An accurate statement of the net contents in terms of liquid measure.

§ 4384. Adulteration

A brake fluid shall be deemed to be adulterated unless it meets the minimum standard for brake fluid promulgated by the Commissioner pursuant to Section 4385 hereof.

§ 4385. Standards and specifications

The Commissioner shall, on or before September 1, 1959 after due .notice and opportunity for public hearing, prescribe such specifications for hydraulic brake fluid to be sold in this State as he shall deem necessary to assure that all hydraulic brake fluid sold in this State shall be safe for use in motor vehicle brake systems, and shall give notice by inserting a notice in a newspaper of general circulation in this State that such specifications for hydraulic brake fluid have been established and that a copy of such specifications may be obtained by any interested person from the office of the Commissioner, but in no event shall the specifications for brake fluid fall below the minimum specifications established by the Society of Automotive Engineers for hydraulic brake fluid, heavy duty type.

§ 4386.

The Commissioner and his duly authorized agents shall enforce the provisions of this Act and may sample, inspect, analyze and test any brake fluid manufactured, used, packed, sold or distributed within this State. The Commissioner, through his agents, shall have free access by all legal means during business hours to all premises,' buildings, vehicles, cars and vessels used in the manufacture, packing, storage, sale or transportation of brake fluid, and may, by legal means, open any box, carton, parcel or container of brake fluid and take therefrom samples for analysis or for evidence.

§ 4387.

Any person who shall manufacture, sell, offer for sale or have in his possession for sale or distribute after January 1, 1960 in this State, any hydraulic brake fluid which does not meet the specifications prescribed by the Commissioner shall be guilty of a misdemeanor and subject to a fine of not, less than $50 nor more than $500 for each such violation.

§ 4388.

All laws and parts of laws inconsistent with this Act are hereby repealed.

Approved June 30, 1959.