STATE BOARD OF HEALTH - REGULATING BOTTLING PLANTS
AN ACT to Amend Chapter 25 of the Revised Code of Delaware, relating to the State Board of Health.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 25 of the Revised Code of Delaware, as amended by Chapter 55, Volume 33, Laws of Delaware, and as further amended by Chapter 63, Volume 34, Laws of Delaware, be and the same is hereby further amended, by striking out 780 A. Section 45 A, and by inserting in lieu thereof the following new section:
780 A. Sec. 45 A. No person, firm or corporation shall manufacture for sale in bottles or jugs any soft drink or other non-alcoholic beverage (except apple cider) within this State without having first applied for and having received a license from the State Board of Health. Said application shall contain the name of the applicant, his address, and the location of his manufacturing plant or plants, the name of the beverage or beverages manufactured, and such other pertinent information as shall be prescribed by the State Board of Health in pursuance of the provisions of this Act. The application shall be accompanied by a fee of twenty-five dollars ($25.00), upon receipt of which application and fee the State Board of Health shall issue to said applicant a license for the manufacture of the beverages mentioned in this section. Said license shall be for the fiscal year ending June 30, 1928, unless sooner revoked, as herein provided, and shall be renewed annually thereafter. A license may be denied at the time of application if the establishment of the applicant is known to be in an insanitary condition or if the water supply is known to be dangerously polluted. No soft drink or other non-alcoholic beverage (except apple cider) not manufactured in this State shall be sold or offered for sale in the State of Delaware, unless same is first inspected and registered with the State Board of Health, and a license fee of $50.00 shall be paid by said manufacturer, his agent or dealer, to the State Board of Health, same to be renewed annually.
Section 2. That Chapter 25 of the Revised Code of Delaware, as amended by Chapter 55, Volume 33, Laws of Delaware, be and the same is hereby further amended, by striking out paragraph (e) of 780 C. Section 45 C (enrolled and printed "54 C"), and by inserting the following new paragraph:
All bottling establishments shall be equipped with adequate and sufficient machinery for the automatic soaking, cleaning, and rinsing of bottles. All bottles prior to refilling shall be cleansed and sterilized by soaking in a solution of not less than three and one-half per cent caustic alkali, for a period of not less than three minutes, and at a temperature not lower than one-hundred and twenty degrees Fahrenheit, to be followed by spraying and rinsing with water from the same source as used in filling, where practicable, or in any case by water of an accepted degree of purity and safety. Bottles too large for the machine shall be washed in the hot alkali solution and rinsed until free from any trace of alkali before refilling. All capping machines shall be provided with automatic crown feed. The re-use of caps, crowns or corks is prohibited. Such caps, crown, and corks shall be at all times so kept or stored as to be shielded from infection and contamination. All containers for the preparation or storage of syrups, fruit juices, extracts and flavors used in the manufacture of beverages shall be of glass, glazed-lined metal, or stone-ware; provided that this shall not apply to those preparations not removed from the manufacturer's shipping package. In no case shall receptacles of galvanized iron be used for liquids to be bottled. Containers shall be covered at all times. The construction of pumps and piping used for conveying syrups, fruit juices and similar liquids shall be such as to permit of ready disconnection and cleaning. Linings of lead or zinc are prohibited. Proper receptacles shall be provided for solid wastes. Floors, walls, ceilings, doors, windows, window ledges, etc., shall be kept clean and free from dust. All fixtures, machinery, utensils and piping shall be maintained in cleanly condition, using for this purpose hot water, live steam and such chemical agents as may be approved by the State Board of Health.
Section 3. That Chapter 25 of the Revised Code of Delaware, as amended by Chapter 55, Volume 33, Laws of Delaware, be and the same is- hereby further amended, by striking out the word "wood" in the ninth line of paragraph "g," of 780 C. Section 45 C (enrolled and printed "54 C"), following the word "brick," and also by adding at the end of said paragraph "g" the following:
It shall be considered a violation of this Act for any person, firm or corporation to fill or refill any glass, jar, bottle or any other container with soda water, mineral water or any other drink or fluid, with attempt to seal or vend such water, drink or fluid, which bears the label of any other person, firm or corporation, or which has blown in such glass, bottle or other container the name of any person, firm or corporation without consent of such person, firm or corporation.
Section 4. That Chapter 25 of the Revised Code of Delaware, as amended by Chapter 55, Volume 33, Laws of Delaware, be and the same is hereby further amended, by adding immediately after 780 K. Section 45 K., the following new section :
780 L. Section 45 L. Any drink product as defined above which contains artificial color or flavor, such facts shall be put on the cap or label. Such cap or label shall also bear the name and address of the bottler or manufacturer of such product except that where the name of the bottler or manufacturer of such product has been blown in the bottle or other container shall be exempt from putting the name and address of the bottler or manufacturer of such product on the cap itself.
Approved March 22, A. D. 1927.