16 Del. Admin. Code § 4458A-3.0

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

Section 4458A-3.0 - Registration

3.1 Fees, Registration and Limitations

3.1.1 Annual registration fees will be in the amount of $30.00 per CFE.

3.1.2 Registrations shall remain effective only during a year beginning April 1 and ending March 31 or any remaining portion of the year beginning on the date the registration is issued and ending March 31.

3.1.3 Limitations

3.1.3.1 CFE are only permitted to engage in direct sales with consumers in the State of Delaware.

3.1.3.2 Online sales are not permitted. Online advertising and marketing are permitted.

3.1.3.3 Wholesale or other sales to resellers or food establishments are not permitted by a CFE.

3.1.3.4 A CFE shall only produce those specific food products listed on their registration. This registration shall be displayed at farmers markets, craft fairs, charitable organization, or other approved venues/functions where cottage foods are sold.

3.2 Allowable Products

3.2.1 Products produced in a CFE are limited to those listed on the approved list maintained by Division.

3.2.2 Production of food in a CFE is limited to foods that are non-TCS.

3.2.3 The manufacturing of baked goods shall be allowed in a CFE. Traditional bakery items include cakes, breads, cookies, rolls, muffins, brownies, fruit pies, and pastries. Bakery items which as a finished product contain components (such as cream filling, meat, etc.) which meet the definition of TCS are not allowed.

3.2.4 The manufacturing of jams, jellies, and other fruit preserves shall be allowed in a CFE provided each product is produced in compliance with the requirements.

3.2.5 Candy products such as fudge, lollipops, chocolates, tortes, hard candy, and rock candy are allowed to be manufactured in a CFE provided the final products are non-TCS.

3.2.6 Products may not contain cannabis.

3.2.7 All labeling requirements set forth in subsection 8.2 must be met before the product is sold.

3.3 Application

3.3.1 Producers seeking registration as a CFE must submit an application to the Division demonstrating that they meet the requirements set forth in these regulations.

3.3.1.1 The application shall include:

3.3.1.1.1 The name, mailing address, email address, telephone, and signature of the person applying for the registration and the name, mailing address, and physical address of the cottage food establishment;

3.3.1.1.2 Information specifying whether the CFE is owned by an association, corporation, individual, partnership, or other legal entity;

3.3.1.1.3 Information about products and processes including products to be made, ingredients, example labels, processes, and products;

3.3.1.1.4 Floor plan of the processing area identifying appliances to be used, food contact surfaces (types of materials used for contact surfaces must be described,) areas for refrigeration and dry good storage, and restroom facilities;

3.3.1.1.5 Proof of completion of training that satisfies Section 5.0;

3.3.1.1.6 Types of venues where products will be sold; and

3.3.1.1.7 A statement signed by the applicant that:

3.3.1.1.7.1 Attests to the accuracy of the information provided in the a application;

3.3.1.1.7.2 Affirms that the applicant will comply with these regulations; and

3.3.1.1.7.3 Allows the Division access to the establishment as specified under subsection 4.1 and to the records specified under subsection 8.5.

3.3.2 [Reserved.]

3.3.3 Following the submission of an application demonstrating that all requirements of these regulations have been met, up to and including the on-site inspection, the Division shall add the producer to the Delaware State Registry of Cottage Food Establishments and the producer may begin sales to consumers in accordance with these regulations.

3.3.4 Upon registration by the Division, a CFE and associated activities shall comply with the standards established by these regulations.

3.3.5 It shall be a violation of these regulations to operate in Delaware as a CFE, as defined by these regulations, if not registered with the Division.

3.3.6 Registration with the Division does not exempt producers or a CFE from other state, county or local codes unless specifically listed in subsection 1.4.

3.3.7 If the proposed CFE uses a private well as a source of potable water, the well must be compliant with State of Delaware Regulations Governing Public Drinking Water Systems.

3.3.7.1 Private wells shall comply with chemical and bacteriological standards; a satisfactory analysis is required before a registration may be issued. Completion of any required sampling is the responsibility of the producers.

3.3.7.2 Tests conducted within 60 days of the date of the initial or renewal application will be accepted to demonstrate compliance.

3.3.8 Establishments served by a public water supply and sewage systems do not require further evaluation.

3.4 Registration must be renewed annually.

A new application and registration fee is required prior to the new registration being issued.

3.5 If the CFE where processing occurs undergoes a change of ownership, a new application shall be submitted and approved prior to selling any CFE products.

16 Del. Admin. Code § 4458A-3.0

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