CHAPTER 83

FORMERLY

HOUSE BILL NO. 48

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 33, TITLE 16 OF THE DELAWARE CODE RELATING TO ADULTERATION AND MISBRANDING OF DRUGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §3303(2) Chapter 33, Title 16, Delaware Code by deleting the existing subsection in its entirety and substituting in its place the following:

"(2) If its strength or purity falls above or below the professed quality under which it is sold."

Section 2. Amend §3303, Title 16 of the Delaware Code by adding a new subsection (3) to read as follows:

"(3) If it violates the definition of adulteration as stated in the Federal Food, Drug and Cosmetic Act."

Section 3. Amend §3308, Title 16 of the Delaware Code by adding a new subsection (3) to read as follows:

"(3) If its package or label bears any statement, design or device regarding such article, or the ingredients or substances contained therein which is false or misleading in any particular way."

Section 4. Amend §3308, Title 16 of the Delaware Code by adding a new subsection (4) to read as follows:

"(4) If it is included in the definition of Misbranding in the Federal Food, Drug and Cosmetic Act."

Approved July 7, 1981.