16 Del. Admin. Code § 4458A-4.0

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

Section 4458A-4.0 - Cottage Food Establishment Registrant Requirements

4.1 Conditions of the Cottage Food Registration

4.1.1 Upon acceptance of the registration to operate a CFE issued by the Division the registration holder shall:

4.1.1.1 Display the registration certificate at the farmers markets, craft fairs, charitable organization functions, or any other approved venue where cottage foods are sold;

4.1.1.2 Allow representatives of the Division access to the CFE during hours of operation and other reasonable times. After the Division representative presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the producer shall allow the Division representative to determine if the CFE is in compliance with these regulations by allowing access to the establishment, allowing inspection, and providing information and records to which the Division is entitled according to law;

4.1.1.3 Comply with the Division directives including time frames for corrective actions specified in inspection reports and other directives issued by the Division regarding the registration holder's CFE, the conditions of a granted variance, and conditions of approved facility plans and specifications;

4.1.1.4 Accept notices issued and served by the Division according to the law and be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with the regulations or the Division directives, including time frames for corrective actions specified in inspection reports and other directives;

4.1.1.5 Immediately discontinue operations and notify the Division if an imminent health hazard may exist because of an emergency such as fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger health;

4.1.1.6 Immediately contact the Division to report an illness of an employee who is diagnosed with Norovirus, Salmonella typhi (Typhoid fever), Shigella spp., Shiga toxin-producing E. Coli including 0157:H7, Hepatitis A virus, or nontyphoidal salmonella;

4.1.1.7 Replace existing facilities and equipment with facilities and equipment that comply with the Code if:

4.1.1.7.1 The Division directs the replacement because the surfaces and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the surfaces and equipment were accepted;

4.1.1.7.2 The Division directs the replacement of the facilities and equipment because of a change of ownership; or

4.1.1.7.3 The surfaces and equipment are replaced in the normal course of operation.

4.1.1.8 Prepare and maintain a current written contingency plan for use in initiating and affecting a recall.

16 Del. Admin. Code § 4458A-4.0

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