(a) The Department of Safety and Homeland Security or its delegates shall be responsible for conducting annual, random, unannounced inspections at locations where tobacco products or tobacco substitutes are sold or distributed to test and ensure compliance with and enforcement of §§ 1116-1120 and 1124 of this title.
(b) An individual under the age of 21 may be enlisted by the Department of Safety and Homeland Security or its delegates to test compliance with and enforcement of §§ 1116-1120 and 1124 of this title, provided however, that the individual may be used only under the direct supervision of the Department of Safety and Homeland Security, its employees or delegates and only where written parental consent has been provided for an individual under the age of 18.
(c) Participation in the inspection and enforcement activities of this section by an individual under 21 years of age shall not constitute a violation of this subpart for the individual under 21 years of age, and the individual under 21 years of age is immune from prosecution thereunder, or under any other provision of law prohibiting the purchase of these products by an individual under 21 years of age.
(d) The Department of Safety and Homeland Security shall adopt and publish guidelines for the use of individuals under 21 years of age in inspections conducted under this section.
(e) The Department of Safety and Homeland Security may enter into an agreement with any local law-enforcement agency for delegation of the inspection and enforcement activities of this section within the local law-enforcement agency’s jurisdiction. The contract shall require the inspection and enforcement activities of the local law-enforcement agency to comply with this subpart and with all applicable laws.
(f) In cases where inspection and enforcement activities have been delegated to a local law-enforcement agency pursuant to this section, any inspection or enforcement by the Department of Safety and Homeland Security in the jurisdiction of the local law-enforcement agency shall be coordinated with the local law enforcement agency.
(g) The Delaware Department of Health and Social Services shall annually submit to the Secretary of the United States Department of Health and Human Services the report required by § 1926 of the federal Public Health Service Act (42 U.S.C. § 300x-26). A copy of this report shall be available to the Governor and the General Assembly.
70 Del. Laws, c. 318, § 4; 74 Del. Laws, c. 110, § 138; 79 Del. Laws, c. 249, § 1; 82 Del. Laws, c. 10, § 10.
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