The COVID Project
The record
- Jurisdiction
- Delaware
- Level
- State
- Authority
- 16 Del. C. ch. 1 (Department of Health and Social Services), subch. II
- Issued
- 2021-02-21 Feb. 21, 2021
- Effective
- in force throughout 2020 and 2021 (read as 2021-02-21)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Feb. 21, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureQuarantine and isolationStanding dutyOther
- Addressees
- persons generally; owners or persons in control of premises; food producers and sellers; local governments and officers
- Character
- sanitary code duty
- Collection
- Standing duties: Delaware DUT-DE
Operative words
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
Penalty
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
What it required
The Department holds 'supreme authority in matters of quarantine' and 'may declare and enforce such quarantine, when necessary' (§ 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.) 'have the force and effect of law and supersede all local ordinances and regulations which are inconsistent therewith' (§ 126(a)); all State, county and municipal officers 'shall enforce such quarantine orders, and such rules, regulations and orders as are adopted by the Department' (§ 127(a)); and the Department may 'adopt such measures, including quarantine, vaccination, etc., as it deems most efficient to eradicate all infectious diseases' and order any nuisance 'abated in a reasonable time' (§ 128).
Retrieval note§ 129 (threatened epidemics) applies 'with the exception of circumstances encompassed by Title 20.' § 126(a) verbatim: 'Regulations and orders promulgated or issued by the Department of Health and Social Services in accordance with authority conferred upon it have the force and effect of law and supersede all local ordinances and regulations which are inconsistent therewith.' 16 DE Admin. Code 4202 recites '16 Del. C. §§ 122(3)a. & 707' as its statutory authority (Ex. DUT-DE-019). The file-name date is the retrieval date.