16 Del. Admin. Code § 4458A-1.0

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

Section 4458A-1.0 - General Provisions

1.1 Preamble. These regulations shall be known as the State of Delaware Cottage Food Regulations (Cottage Food Regs).

1.2 Purpose. Delaware Department of Health and Social Services adopts these regulations pursuant to the authority vested by 16 Del.C. § 122. These regulations establish registration procedures and standards of practice for conducting food processing operations in home-style kitchens that safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.

1.3 Severability. In the event a particular clause or section of these regulations should be declared invalid or unconstitutional by any court of competent jurisdiction, the remaining portions shall remain in full force and effect.

1.4 Exemptions

1.4.1 Establishments registered as food establishments in Delaware shall be exempt from the Cottage Food Regulations.

1.4.2 Establishments registered under these regulations shall be exempt from the Delaware Food Code.

1.4.3 Products offered at "bake sales" or private events as described in the definition of food establishment in the Delaware Food Code shall be exempt from these regulations.

1.5 Variance

1.5.1 Establishments may seek a variance from these regulations by making a request to the Delaware Division of Public Health. The Division may grant a variance by modifying or waiving the requirements of these regulations if in the opinion of the Division a health hazard or nuisance will not result from the variance.

1.5.2 The variance is rendered void if:

1.5.2.1 Establishment undergoes renovation in the area addressed by the variance;

1.5.2.2 Establishment ceases to operate for a period of greater than one year;

1.5.2.3 There is a change of ownership of the establishment; or

1.5.2.4 The producer relocates to a different establishment.

1.6 Inspections

1.6.1 The Division may conduct one or more preoperational inspections to verify that the cottage food establishment:

1.6.1.1 Is constructed and equipped in accordance with the registration application;

1.6.1.2 Has established standard operating procedures as specified; and

1.6.1.3 Is otherwise in substantial compliance with these regulations.

1.6.2 Additional inspections may be conducted in response to complaints, reports of food-borne illness, or other situations as deemed necessary by the Division.

16 Del. Admin. Code § 4458A-1.0

23 DE Reg. 52(7/1/2019)
27 DE Reg. 432( 12/1/2023) (Final)