[This statute has been abridged by the editor for only provisions related to dogs in restaurants from subsection (3)(u)(6)]
The Department shall have the following general powers and duties:
(1) Supervision of all matters relating to the preservation of the life and health of the people of the State.
(2) Supreme authority in matters of quarantine; it may declare and enforce such quarantine, when necessary and where no quarantine exists, and may modify, relax or abolish it, where it has been established.
(3) Adopt, promulgate, amend, and repeal regulations consistent with law, which regulations shall not extend, modify or conflict with any law of this State or the reasonable implications thereof, and which shall be enforced by all state and local public health officials, to do all of the following:
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u. 1. Promulgate and enforce standards to regulate food establishments. For purposes of this paragraph (3)u.1., “food establishment” includes 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.
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6. Notwithstanding any regulation to the contrary, the owner of a food establishment or beer garden may permit leashed dogs in the owner's beer garden or on the owner's licensed outdoor patio.
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(10) The powers and duties of the Department are subject to the powers and duties granted other entities in Title 20. Provisions of Title 20 which conflict with provisions of this section shall take precedence over this section.
Credits
19 Laws 1893, ch. 642, § 3. Amended by 22 Laws 1903, ch. 327, § 3; 33 Laws 1923, ch. 57, § 4; 34 Laws 1925, ch. 69, § 1; 43 Laws 1941, ch. 91, § 1; 50 Laws 1955, ch. 312, § 1; 51 Laws 1957, ch. 80, § 1; 52 Laws 1959, ch. 103; 56 Laws 1968, ch. 284; 56 Laws 1968, ch. 383, § 1; 56 Laws 1968, ch. 389, §§ 1, 2; 57 Laws 1970, ch. 743; 57 Laws 1970, ch. 751, § 2; 58 Laws 1971, ch. 52, § 1; 63 Laws 1982, ch. 332, § 1; 64 Laws 1984, ch. 471, § 1; 65 Laws 1985, ch. 69, § 1; 65 Laws 1986, ch. 301, § 1; 66 Laws 1988, ch. 397, § 1; 67 Laws 1990, ch. 266, §§ 1, 2, 3, 4; 67 Laws 1990, ch. 344, § 6; 68 Laws 1992, ch. 200, § 1; 69 Laws 1994, ch. 302, § 7; 69 Laws 1994, ch. 452, § 1; 70 Laws 1995, ch. 150, § 1, eff. July 7, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 70 Laws 1995, ch. 267, § 1, eff. Jan. 1, 1996; 70 Laws 1996, ch. 405, § 1, eff. June 27, 1996; 70 Laws 1996, ch. 470, § 1, eff. July 9, 1996; 70 Laws 1996, ch. 536, § 1, eff. July 18, 1996; 70 Laws 1996, ch. 544, §§ 2, 3, 10 to 20, eff. July 18, 1996; 71 Laws 1997, ch. 85, §§ 1, 2 eff. June 26, 1997; 71 Laws 1998, ch. 322, § 1, eff. June 29, 1998; 71 Laws 1998, ch. 441, § 1, eff. July 14, 1998; 72 Laws 1999, ch. 124, § 1, eff. July 2, 1999; 72 Laws 1999, ch. 181, § 1, eff. Jan. 1, 2000; 72 Laws 2000, ch. 402, § 4, eff. July 1, 2001; 73 Laws 2001, ch. 10, § 1, eff. July 1, 2001; 73 Laws 2001, ch. 118, §§ 1 to 5, eff. July 6, 2001; 73 Laws 2001, ch. 193, § 4, eff. Jan. 15, 2002; 73 Laws 2002, ch. 347, § 1, eff. June 30, 2002; 73 Laws 2002, ch. 355, § 2, eff. July 3, 2002; 74 Laws 2003, ch. 78, §§ 2, 3, eff. June 30, 2003; 75 Laws 2006, ch. 286, § 1, eff. June 15, 2006; 75 Laws 2006, ch. 308, § 1, eff. June 27, 2006; 78 Laws 2011, ch. 15, § 1, eff. May 4, 2011; 78 Laws 2011, ch. 80, §§ 1, 2, eff. July 5, 2011; 78 Laws 2012, ch. 303, § 5, eff. July 1, 2012; 79 Laws 2013, ch. 92, § 1, eff. July 3, 2013; 79 Laws 2013, ch. 150, § 1, eff. July 31, 2013; 79 Laws 2013, ch. 153, § 1, eff. July. 31, 2013; 79 Laws 2013, ch. 154, § 1, eff. July 31, 2013; 79 Laws 2014, ch. 375, § 2; 79 Laws 2014, ch. 424, § 1, eff. March 2, 2015; 80 Laws 2015, ch. 13, § 1, eff. April 23, 2015; 80 Laws 2015, ch. 72, § 1, eff. Jan. 1, 2016; 80 Laws 2015, ch. 83, § 2, eff. July 10, 2015; 80 Laws 2015, ch. 119, §§ 1, 2, eff. July 27, 2015; 80 Laws 2015, ch. 123, § 1, eff. July 27, 2015; 80 Laws 2016, ch. 235, § 1, eff. May 19, 2016; 80 Laws 2016, ch. 248, § 8[2], eff. May 25, 2016; 80 Laws 2016, ch. 258, § 7, eff. Oct. 1, 2016; 81 Laws 2018, ch. 305, § 1, eff. July 11, 2018; 81 Laws 2018, ch. 417, § 1, eff. Sept. 4, 2018; 82 Laws 2019, ch. 100, § 1, eff. July 17, 2019; 82 Laws 2019, ch. 141, § 17, eff. July 23, 2019; 82 Laws 2020, ch. 237, § 1, eff. March 3, 2020; 83 Laws 2022, ch. 341, § 9, eff. July 1, 2022; 84 Laws 2023, ch. 42, § 1, eff. May 31, 2023; 84 Laws 2023, ch. 177, § 1, eff. Aug. 22, 2023; 84 Laws 2023, ch. 233, § 35, eff. Sept. 21, 2023; 84 Laws 2024, ch. 262, § 1, eff. May 23, 2024; 84 Laws 2024, ch. 434, § 2, eff. Sept. 26, 2024.
Codifications: Rev. Stat. Del. 1915, § 738; Rev. Code Del. 1935, § 745; 16 Del.C. 1953, § 122