CHAPTER 90

FORMERLY

HOUSE BILL NO. 305

AS AMENDED.BY

HOUSE AMENDMENT NO. 2 AND

SENATE AMENDMENTS NO. 2 AND 3

AN ACT TO AMEND PART IV, TITLE 16 OF THE DELAWARE CODE RELATING TO NATURAL FOOD SUBSTANCES; AND PERMITTING THE DISTRIBUTION OF LAETRILE UNDER CERTAIN CIRCUMSTANCES.

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

Section 1. Amend §3301, Chapter 33, Part IV, Title 16, of the Delaware Code, by adding a new sentence to subsection (1) thereof to read as follows:

"Notwithstanding any other provision of this subsection, the word 'drug' shall not include laetrile (amygdalin)."

Section 2. Amend Part IV, Title 16 of the Delaware Code by adding thereto a new chapter, designated as Chapter 49, which new Chapter shall read as follows:

"CHAPTER49. NATURAL FOOD SUBSTANCES

§4901. Manufacture, delivery and possession of certain substances

The manufacture, delivery, possession and use of laetrile (amygdalin, Vitamin B-17) is lawful within the State of Delaware. No person, however, shall manufacture, sell or deliver laetrile (amygdalin, Vitamin B-17) for purposes of transporting such substances to any other State, district or territory beyond the borders of Delaware.

§4902. Sale and distribution of laetrile

Laetrile (amygdalin, Vitamin B-17) may be distributed or sold by any person, and no special license or prescription shall be required for the sale or distribution of such substances. The label or other device affixed to a container containing laetrile (amygdalin, Vitamin B-17) shall include a statement that such substance has not yet been approved as a treatment or cure for cancer by the Food and Drug Administration of the United States Department of Health, Education and Welfare.

§4903. State Board of Health

The State Board of Health shall:

(a) adopt regulations which prescribe minimum standards for manufacturers in preparing, compounding, processing or packaging laetrile (amygdalin, Vitamin B-17);

(b) conduct inspections of manufacturers of laetrile (amygdalin, Vitamin B-17);

(c) establish reasonable fees, to be collected from the manufacturer, for the purpose of paying the costs of the inspections.

§4904. Prescribing of laetrile

(a) No hospital nor health facility may interfere with the physician-patient relationship by restricting or forbidding the use of laetrile (amygdalin, Vitamin B-17) when prescribed or administered by a physician, surgeon, osteopath or other person engaged in the practice of medicine, as that term is defined in §1703 (b), Chapter 17, Title 24 of the Delaware Code and/or when requested by a patient, unless the substance as prescribed or administered by the physician or medical practitioner is found to be harmful by the Board of Medical Practice in a public hearing which complies with the Freedom of Information Act.

(b) No physician, surgeon, osteopath or other person engaged in the practice of medicine, as that term is defined in §1703 (b), Chapter 17, Title 24 of the Delaware Code shall be subject to disciplinary action solely for the prescribing or administering of laetrile (amygdalin, Vitamin B-17) to a patient under his care who has requested the substance. Under the provisions of this Act laetrile shall not be considered a medical drug, but shall be considered a natural food substance.

§4905. Distribution by pharmacists

"A pharmacist shall not be subject to any penalty for filling a prescription for laetrile (amygdalin, Vitamin B-17) if the prescription is issued to a patient by a physician, surgeon, osteopath or other person engaged in the practice of medicine, as that term is defined in §1703 (b), Chapter 17, Title 24 of the Delaware Code."

Section 3. Amend §3315, Chapter 33, Part IV, Title 16, of the Delaware Code, by adding a new sentence to subsection (b) of said section to read as follows:

"No rule or regulation shall be promulgated under the provisions of subsection (a) of this section which is in conflict with the provisions of Chapter 49 of this Title."

Approved June 20, 1977.