Delaware Code Title 16. Health and Safety § 3320. Oleomargarine; manufacture, sale and advertising

(a) Subject to subsection (b) and (c) of this section, no person, by that person's own self or that person's agents or servants, shall render or manufacture, sell, offer for sale, expose for sale or have in that person's possession with intent to sell, any article, product or compound made wholly or partly out of any fat, oil or oleaginous substance, or compound thereof, not produced from unadulterated milk or cream from the same, which shall be in imitation of yellow butter produced from pure unadulterated milk, or cream from the same.

(b) Nothing contained in subsection (a) of this section or in § 3321 or § 3322 of this title shall be construed to prohibit the manufacture or sale of oleomargarine, whether yellow or white, in a separate and distinct form in such manner as will advise the consumer of its real character. No oleomargarine shall be sold in open tubs or containers. Every retail dealer in oleomargarine shall exhibit, in conjunction with any display of packaged oleomargarine being offered for sale, a placard with the word “oleomargarine” in plain uncondensed gothic letters not less than 1 inch high. No package of oleomargarine shall contain the word “butter” or any imitation or simulation thereof or any picture or reproduction of a cow or any name or simulation of the name of any dairy breed of cattle or any name or term normally used in the dairy industry. No owner or proprietor of any public eating place shall serve yellow oleomargarine unless a notice that oleomargarine is served is displayed prominently on the menu or on a placard in clear view of all customers.

(c) As used in this section the term “oleomargarine” shall be deemed applicable to the food product known as “margarine” and any requirement contained in this section for labeling or display of the word “oleomargarine” shall be deemed sufficiently complied with by the use of the word “margarine.”