CHAPTER 43

FORMERLY

SENATE BILL NO. 187

AS AMENDED BY SENATE AMENDMENT NOS. 1, 5 AND 6

AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 96, TITLE 16, DELAWARE CODE, RELATING TO THE OPERATION OF FOOD SERVICE FACILITIES IN PUBLIC BUILDINGS.

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

Section 1. Amend §9602 of Chapter 98, Title 16, Delaware Code, by adding thereto the following:

"4. 'Public Office Building' means any building owned or leased by the State, used for governmental purposes. It does not include public schools, or buildings at residential institutions operated by the State. No building or property, used as a public recreational facility, owned or leased by the State and operated or occupied by the Department of National Resources and Environmental Control or the State Forestry Department shall be included within this definition. Food service located in or on any public building on the Delaware Turnpike shall not be included in this definition.

5. 'Food Service' means restaurant, cafeteria, snack bar, vending machines for food and beverages, and goods and services customarily offered in connection with any of the foregoing."

Section 2. Amend Chapter 98, Title 18, Delaware Code by adding thereto a new section to be designated as §9606 to read as follows:

"§9806. Food Service Requirements for Public Office Buildings

(a) If any governmental agency of this State intends to operate or continue food service in a pubh,t office building, that agency shall procure such food service from the Delaware Division for the Visually Impaired under the vending facility program authorized by 20U.S.C. §107 et seq. No governmental agency shall charge the Division for the Visually Impaired or its food sere vendors rent for food service operations operated under this Section. In the event the Delaware Division for the Visually Impaired certifies in writing that it is unable to provide food service to a governmental agency who requests such service, the governmental agency may seek food service from another provider.

(b) This Section shall not impair any valid existing contracts by governmental agencies, however at the expiration of such existing contracts, the mandates contained in this Section shall be binding on the governmental agency.

(c) The provisions of this section shall not apply to any office building owned or leased by any county or municipal corporation. The provisions of this section shall also not apply to any building leased, used or owned by any institution of higher education.

Approved June 23, 1981.