CHAPTER 85

FORMERLY

SENATE BILL NO. 75

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE GENERAL POWERS OF THE SECRETARY, DELAWARE HEALTH AND SOCIAL SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend Section 122, Title 16 of the Delaware Code by deleting subsection (3) (g) in its entirety and inserting in lieu thereof:

"Provide for the sanitary control of tourist camps, trailer camps, and other public camps;"

Section 2. Amend Section 122, Title 16 of the Delaware Code by adding thereto a new subsection (3) (u) to read as follows:

"u. 1. Promulgate and enforce standards to regulate food establishments which may include, but are not limited to, restaurants, caterers, temporary food vendors, grocery stores, food vending machines, ice manufacturers and cottage industries that prepare or handle food for human consumption whenever it is determined that said food represents a hazard to the public health.

(2) To perform these functions, the Division of Public Health shall have the authority to collect reasonable fees necessary to defray costs of functions identified in section u.l.

(3) For each facility required by regulations to hold a permit, the following fee shall be assessed:

Food Establishment Permit

Type of Establishment

Fee

 

Public Eating Place

$100

Retail Food Store

$100

Ice Manufacturers

$30

Commercial Food Processors

$30

Vending Machine Location

$30

4. For each facility required by regulation to have a plan review, the following fee shall be assessed:

Food Establishment Plan Review

Square Footage

Fee

1000 or less

$50

1001-5000

$100

5001-10000

$150

10001-15000

$200

15001-above

$250

5. Churches, schools, fire companies and other non-profit organizations are exempt from these fees."

Section 3. Amend Section 3504 of Title 16 of the Delaware Code by deleting said section in its entirety and inserting in lieu thereof:

"The Department of Health and Social Services may promulgate and enforce standards to regulate food processing establishments which may include, but are not limited to, canneries, factories and cottage industries that process food for human consumption whenever it is determined that said food represents a hazard to the public health."

Section 4. Amend Chapter 35, Title 16 of the Delaware Code by deleting in their entirety Sections 3505 and 3506 and renumbering the remaining sections accordingly.

Section 5. Amend Chapter 37, Title 16 of the Delaware Code, Poultry Processing, by deleting said chapter in its entirety.

Section 6. Amend Chapter 39, Title 16 of the Delaware Code, Tomato Processing, by deleting said chapter in its entirety.

Section 7. Amend Chapter 45, Title 16 of the Delaware Code, Food Storage, by deleting said chapter in its entirety.

Approved June 26, 1997