{"id":"DUT-DE-005","kind":"duty","level":"state","jurisdiction":"Delaware","state":"DE","metro":"","industry":"","agency":"","eco":"","issuer":"Delaware General Assembly (codified statute)","authority":"16 Del. C. ch. 1 (Department of Health and Social Services), subch. II","instrument":"16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics)","title":"Delaware Code, Title 16, Chapter 1, Subchapter II: Powers and Duties of the Department of Health and Social Services","dateIssued":"2021-02-21","effective":"in force throughout 2020 and 2021","end":"standing","startDate":"2021-02-21","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","QUAR","CLOSE","OTHER"],"addressees":["persons generally; owners or persons in control of premises; food producers and sellers; local governments and officers"],"clause":"Adopt, promulgate, amend, and repeal regulations consistent with law... which shall be enforced by all state and local public health officials, to do all of the following: a. Prevent and control the spread of all diseases that are dangerous to the public health; b. Prevent and control nuisances which are or may be detrimental to the public health","enforcement":"16 Del. C. § 107(a): fine of $100 to $1,000 per violation of a Department regulation or order (Ex. DUT-DE-006); § 127(b): fine on any officer who fails to enforce","functions":[],"notes":"The Department holds \u0027supreme authority in matters of quarantine\u0027 and \u0027may declare and enforce such quarantine, when necessary\u0027 (§ 122(2)); its regulations to prevent and control dangerous diseases, public-health nuisances and the sanitary production and sale of food (§ 122(3)a., b., f.) \u0027have the force and effect of law and supersede all local ordinances and regulations which are inconsistent therewith\u0027 (§ 126(a)); all State, county and municipal officers \u0027shall enforce such quarantine orders, and such rules, regulations and orders as are adopted by the Department\u0027 (§ 127(a)); and the Department may \u0027adopt such measures, including quarantine, vaccination, etc., as it deems most efficient to eradicate all infectious diseases\u0027 and order any nuisance \u0027abated in a reasonable time\u0027 (§ 128).","sourceUrl":"https://delcode.delaware.gov/title16/c001/sc02/index.html","snapshot":"http://web.archive.org/web/20210221211515/http://delcode.delaware.gov/title16/c001/sc02/index.html","fileExists":true,"fileBytes":599827,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-DE","url":"/library/DUT-DE-005","exhibitUrl":"/exhibit/DUT-DE-005","citation":"Delaware General Assembly (codified statute), 16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics) (standing) (Ex. DUT-DE-005)","stateName":"Delaware","related":["DUT-DE-019","DUT-DE-006","DUT-DE-007","DUT-DE-001","DUT-DE-013"]}