CHAPTER 333

FORMERLY

HOUSE BILL NO. 470

AS AMENDED BY

HOUSE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO MILK, CREAM, AND OTHER MILK PRODUCTS; CONTAINERS.

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

Amend Chapter 31, Title 3 of the Delaware Code by inserting a new Subchapter VI to read as follows:

“Subchapter VI. Fresh Milk

§ 3175. Definitions.

1. ‘Delaware fresh milk’ means milk consisting entirely of fresh milk produced in Delaware.

2. ‘Fresh milk’ means milk offered for sale to the public which has not been dehydrated, rehydrated or reconstituted in whole or in part and shall not contain caseins, casein products, or caseinates other than those caseins, casein products, or caseinates which occur naturally.

3. ‘Northeastern fresh milk’ means milk consisting entirely of fresh milk produced in Delaware, Maryland, New Jersey, Pennsylvania, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire or Maine.

§ 3176. Labeling of Milk.

Milk containers may be labeled as fresh, Delaware fresh or Northeastern fresh as long as the requirements of § 3175 are met.

§ 3177. Penalty.

Whoever violates this subchapter shall be assessed a civil penalty of $1,000.00 per instance.

§ 3178. Enforcement.

The Department of Agriculture shall enforce this subchapter and may make rules and regulations as are necessary for such enforcement.”.

Approved July 9, 2008