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Ex. DUT-DE-005 Standing duty Primary source read

16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics)

Delaware Code, Title 16, Chapter 1, Subchapter II: Powers and Duties of the Department of Health and Social Services

Delaware General Assembly (codified statute) · Delaware (State)

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
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.