2016 Delaware Code
Title 4 - Alcoholic Liquors
CHAPTER 7. REGULATORY PROVISIONS
§ 725. Preparations containing alcoholic liquors but not intended for use as a beverage.

(a) No provision of this title shall, by reason only of the fact that the product contains alcoholic liquor, prevent:

(1) The sale of any perfume, lotion, tincture, varnish, dressing, fluid extract or essence, vinegar, cream, ointment, salve, distillate or decoction; or

(2) The sale of any preparation (official, medicinal or pharmaceutical) or of any patent or proprietary medicine, intended solely for medicinal purposes, if the product does not contain alcohol in any greater quantity than the amount required as a solvent or preservative, or if the product be so compounded as to render it unsuitable for use as a beverage.

(b) If the Commissioner is of the opinion that one of the products enumerated in this section contains alcoholic liquor and is used for beverage purposes, it may notify the manufacturer or seller to that effect and from and after the date of such notice this title shall apply to such product. The manufacturer or seller so notified commits an offense under this title if he or she sells the product after such notice, and shall be liable to the penalties mentioned in § 902 of this title.

(c)(1) In order to determine whether any particular preparation, proprietary or patented, contains alcohol in excess of the amount required as a solvent or preservative, or whether it is so compounded as to render it unsuitable for use as a beverage, the Commissioner may purchase a sample of such preparation from any person and may have it analyzed by any individual the Commissioner selects.

(2) If it appears from the analysis of the sample that the preparation contains alcohol in excess of the amount required as a solvent or preservative, or that it is not so compounded as to render it unsuitable for use as a beverage, the Commissioner may notify the manufacturer or the agent in this State of the manufacturer of the preparation or the person who has acquired the preparation for purpose of resale, that the preparation is not an exempt product within the meaning of this section, but is an alcoholic liquor to which this title applies. After the service of such notice, this title shall apply to such preparation and the manufacturer or the agent in this State of the manufacturer or the person who has acquired same to resell, who has been so notified, commits an offense under this title if he or she sells the preparation after the date of the service upon him or her of the notice.

(3) The notice required by this section shall consist of a copy, certified by the secretary or a member of the Commissioner, of a resolution passed by the Commissioner stating that the preparation specified in the resolution is not an exempt product in the sense of this section, but is an alcoholic liquor to which this title applies. The notice shall be served by sending a copy by registered mail to the manufacturer, or to the agent in this State of the manufacturer, or to the person who has acquired the preparation to resell.

(d) This section applies to every product which is included within the definition of the word "preparation" set forth in § 101 of this title and to every product which is defined or described in subsection (a) of this section, other than one which is prepared by a druggist at the time of the prescription of a physician and in accordance with its tenor or which is prepared by a physician for the use only of a patient actually under his care.

38 Del. Laws, c. 18, § 43; Code 1935, § 6171; 4 Del. C. 1953, § 732; 67 Del. Laws, c. 109, § 19; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 486, § 11.;