An offense is not deemed to be committed under this chapter, in the following cases:
(1) Where the order calls for an article of food or drug inferior to the standard required under this chapter and the difference is made known at the time;
(2) Where the article of food or drug is mixed with any matter or ingredient not injurious to health and not intended fraudulently to increase its bulk, weight or measure or conceal its inferior quality, if at the time such article is delivered to the purchaser it is made known to the purchaser that the article of food or drug is so mixed.
Structure Delaware Code
Chapter 33. PURE FOOD AND DRUGS
§ 3302. Manufacture or sale of adulterated or misbranded food or drugs.
§ 3303. Adulteration of drugs.
§ 3304. Adulteration of food other than confectionery.
§ 3305. Adulteration of confectionery.
§ 3306. Destruction of adulterated candy.
§ 3307. Definition of misbranded.
§ 3310. Exceptions to adulteration or misbranding of food.
§ 3311. Guaranty from seller saving dealer from prosecution.
§ 3312. Penalties for violating §§ 3302-3311.
§ 3313. Excepting articles sold under federal laws.
§ 3315. Enforcement agencies; rules and regulations.
§ 3316. Expenses of enforcement.
§ 3317. Treatment of meats with unhealthful drugs and preparations.
§ 3319. Penalties for violations of § 3317.
§ 3320. Oleomargarine; manufacture, sale, marking and advertising.
§ 3322. Penalties for violations of § 3320.