CHAPTER 391

AN ACT TO AMEND SECTION 2-316 OF TITLE 5A OF THE DELAWARE CODE RELATING TO THE EXCLUSION OR MODIFICATION OF WARRANTIES AND PROVIDING THAT BLOOD, BLOOD PLASMA AND CERTAIN OTHER HUMAN TISSUE AND ORGANS FROM BLOOD BANKS OR RESERVOIRS OF SUCH TISSUES AND ORGANS SHALL NOT BE CONSIDERED "COMMODITIES" OR "GOODS" AND SUBJECT TO CERTAIN PROVISIONS OF THE UNIFORM COMMERCIAL CODE.

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

Section 1. Section 2-316 of Title 5A of the Delaware Code, is hereby amended by adding at the end the following subsection:

(5) The implied warranties of merchantability and fitness shall not be applicable to a contract for the sale of human blood, blood plasma or other human tissue or organs from a blood bank or reservoir of such other tissues or organs. Such blood, blood plasma or tissue or organs shall not for the purposes of this Article be considered commodities or goods subject to sale or barter, but shall be considered as medical services.

Approved July 5, 1968.