2016 Delaware Code
Title 16 - Health and Safety
CHAPTER 41. FROZEN SWEETENED PRODUCTS
§ 4102. Conformity with federal standards.

(a) It is the intent of the General Assembly that Delaware law and regulations substantially conform with the federal regulations promulgated under the authority of the United States Secretary of Health, Education and Welfare prescribing definitions and standards for frozen desserts published pursuant to 21 U.S.C. § 371. It is further intended that this chapter and definitions and standards of identity promulgated in accordance herewith be construed in a manner similar to the corresponding federal regulation, aforesaid, whenever possible.

(b) The Department of Agriculture shall, after public hearing, promulgate definitions and standards of identity for frozen desserts, regulations for the labeling of any frozen desserts and regulations to implement the purposes of this chapter. Definitions and standards of identity promulgated by the Department shall not be in conflict with federal standards. The Department may adopt such definitions and standards of identity as are adopted by the United States Secretary of Health, Education and Welfare as aforesaid.

(c) Public hearings as provided in subsection (b) of this section shall be held only upon reasonable notice to all interested parties as provided by law in like cases. Following any hearing to consider rules, regulations, definitions, standards of identity, labeling requirements or any of these, the Department shall issue a recommended decision and shall afford interested parties an opportunity to file exceptions based upon the hearing record. The Department in issuing a final decision shall rule on any exceptions filed setting forth its reasons therefor. No definition or standard of identity promulgated by the Department shall conflict with federal definitions or standards of identity. With each rule or regulation adopted there shall be filed and made available upon request to any interested person the findings of fact supporting such rule or regulation. A copy of each proposed rule or regulation of the Department of Agriculture shall be printed and generally distributed, and specially distributed to any person who signified an interest theretofore or thereafter. No rule or regulation shall take effect or be effective until 30 days after general distribution or such longer time as the Secretary of Agriculture shall deem to be in the public interest. Rules and regulations promulgated in accordance with this authority shall have the force and effect of law and supersede all local ordinances and regulations inconsistent therewith. Any interested person aggrieved by any rule or regulation promulgated in accordance with this authority may have an appeal within 20 days after the effective date of such rule or regulation by petition to the Court of Chancery and may appeal from the decision of the Court of Chancery as provided for in other cases.

(d) Upon adoption of the rules and regulations by the Department of Agriculture as provided in this section, the provisions of § 4101 of this chapter which are inconsistent with such rules and regulations shall be deemed to be of no effect.

16 Del. C. 1953, § 4102; 56 Del. Laws, c. 465, § 2; 57 Del. Laws, c. 764, § 30; 70 Del. Laws, c. 186, § 1.;