16 Del. Admin. Code § 4460-6.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4460-6.0 - Compliance

6.1 Enforcement

6.1.1 The Department, through its officers and employees, is charged with the administration and enforcement of these Regulations and may take for evidence, at any trial involving violation of these Regulations, any article made or offered for sale in violation of these Regulations.

6.1.2 These Regulations are subject to Chapter 23 of Title 11. If there is any conflict or inconsistency between these Regulations and Chapter 23, the latter shall prevail.

6.2 Penalties

6.2.1 Whoever violates these Regulations shall be fined for each offense not less than $10.00 nor more than $50.00. In default of the payment of such fine the violator shall be imprisoned for not less than 10 days for each separate offense. The total term of imprisonment at any one (1) time for additional offenses shall not exceed ten (10) months.

6.2.2 Each mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered bed, davenport, upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow, featherbed or sleeping bag made or remade, or renovated, sold, offered for sale, delivered or consigned contrary to these Regulations shall constitute a separate offense.

6.2.3 In addition to any fine or imprisonment imposed, the Department may revoke any permit issued under these Regulations for a violation of these Regulations.

6.3 Appeals.

6.3.1 Any person convicted of an offense under this section before a Justice of the Peace, may appeal the judgment of conviction to the Court of Common Pleas.

16 Del. Admin. Code § 4460-6.0

15 DE Reg. 528 (10/01/11)